The biggest fear when flying is to encounter cancellations or delays, which will not only disrupt your itinerary, but may also increase your accommodation, dining and transportation expenses.
[Financial Channel/Comprehensive Report] The biggest fear when flying is to encounter cancellations or delays. This will not only disrupt your itinerary, but may also increase your accommodation, dining and transportation expenses. However, the latest regulations from the U.S. Department of Transportation (DOT) related to flight delays and cancellations exclude 10 types of abnormal flight situations from "the controllable scope of airlines." If passengers encounter these situations in the future, it may be more difficult to obtain subsidies for meals, accommodation, etc. in accordance with relevant airline policies.
"USA TODAY" reported that this new regulation was originally scheduled to be put on the road on October 19, 2026, but has now been postponed to February 1, 2027. The new regulation involves the classification and reporting methods of flight delays and cancellations. The U.S. Department of Transportation said that including these 10 situations into new notification categories can more accurately reflect whether airlines can control related events.
Currently, flight abnormalities caused by maintenance, crew scheduling or aircraft cleaning are classified as circumstances within the control of the airline. However, according to regulations, starting from February 1, 2027, the following 10 situations will no longer be classified as abnormal flight events controllable by airlines:
1. The aircraft must be cleaned due to the death of a passenger on board.
2. Aircraft damage caused by extreme weather, foreign objects or deliberate sabotage.
3. Failure of baggage systems beyond the control of the airline or its contractors, resulting in delays in baggage or cargo loading.
4. Airlines are subject to cyber security attacks, but only if the airlines comply with relevant cyber security regulations.
5. Unexpected shutdown or failure of government systems directly affects the ability of airlines to safely execute flights.
6. If the aircraft brakes overheat due to a safety accident, emergency procedures must be adopted.
7. Unscheduled maintenance, including maintenance due to airworthiness directives, and related issues cannot be postponed and must be completed before takeoff.
8. Medical emergencies not caused by the airline’s fault: An emergency situation that requires medical treatment occurs and the responsibility does not lie with the airline.
9. Remove inappropriate or disruptive passengers from the aircraft.
10. The airport is closed due to weather factors: including volcanic ash, strong winds or wind shear causing the airport to be closed.
Passengers may receive less compensation if their flight is delayed due to a post-reclassification event. Erika Josefsson, an expert on air passenger rights at AirHelp, which specializes in flight compensation matters, pointed out that this provision may affect passengers’ eligibility for assistance in accordance with airline policies when flights are delayed or canceled, especially hotel accommodation, meals, and transportation arrangements to and from the airport involved in long delays.
She expects unscheduled maintenance to be considered a noteworthy item because maintenance problems often cause flight delays. After the new regulations come into effect, such incidents will no longer be listed as one of the circumstances controllable by airlines, and whether passengers can obtain relevant subsidies may be affected.
Some aviation industry experts have objected to this provision, believing that it will weaken the protection of U.S. air passengers and further widen the gap between the rights and interests of passengers and the standards of other countries and regions. Taking all flights to, from, or within the EU as an example, even if the delay or cancellation is within the control of the airline, as long as the criteria for major delay or cancellation are met, the airline must provide monetary compensation.
It’s worth noting that this provision does not change the U.S. Department of Transportation’s current refund rules: if a flight is canceled and a passenger chooses not to fly, he or she is entitled to a full refund. Experts stress that buying travel insurance may also come in handy after the rule changes, as it will provide more protection in the event of major delays.
As for the reason for delaying the implementation of this regulation, relevant stakeholders in the aviation industry and the Bureau of Transportation Statistics (Bureau of Transportation Statistics) under the U.S. Department of Transportation need time to update the data collection system. Airlines for America requested a postponement on September 21, saying it would be more natural and logical to schedule the rule for implementation at the beginning of the new calendar year.
