The Trump administration is about to introduce a new federal rule that will affect a passenger’s right to compensation in case of a flight disruption. As of 19 October 2026, 10 types of flight disruptions will no longer be attributable to the air carrier and will thus no longer call for compensation.
Flight disruptions are part of the aviation industry and can’t be avoided. In the US, they are tracked by the federal government and all disruptions causing a delay of 15 minutes or more are categorised into one of five categories: air carrier, extreme weather, the National Aviation System, security, and late-arriving aircraft.
In May 2024, the Biden administration introduced the so-called FAA Reauthorization Act of 2024. Ever since, travellers whose flights were cancelled or significantly delayed due to an issue caused by the airline have been obliged to receive some kind of compensation from the Department of Transportation.
In case of a controllable cancellation or delay, US-based airlines thus rebook passengers for free on another one of their flights, provide a meal or meal cash or voucher in case of a delay exceeding three hours, and most even offer hotel accommodation in case of an overnight disruption.
However, the Trump administration is about to adopt a new federal rule that will greatly reduce the number of controllable disruptions. Ten scenarios in particular will no longer require airlines by law to provide compensation for their passengers.
- Aircraft cleaning needed after the death of a passenger.
- Aircraft damage caused by extreme weather, foreign object debris, or sabotage.
- A baggage or cargo loading delay caused by an outage of a bag system not controlled by a carrier or its contractor.
- Cybersecurity attacks, as long as the air carrier is in compliance with applicable cybersecurity regulations.
- A shutdown or system failure of government systems that directly affects the ability of an air carrier to safely conduct flights and is unexpected.
- Overheated brakes due to a safety incident resulting in the use of emergency procedures.
- Unscheduled maintenance, including in response to an airworthiness directive, manifesting outside a scheduled maintenance program that cannot be deferred or must be addressed before flight.
- An emergency that required medical attention through no fault of the carrier.
- The removal of an unruly passenger.
- An airport closure due to the presence of volcanic ash, wind, or wind shear.
Starting from 19 October, carriers will thus be within their right to reduce the number of cases in which they offer compensation and will likely benefit from the new rule, as per the legal text.
“In addition to the benefits and cost savings of the final rule, it is expected that the total value of amenities and compensation currently provided by air carriers to consumers will be reduced under this final rule because of the 10 delineated causes of delay and cancellation that will now be excluded from the Air Carrier category,” the administration specifies.
Passengers, indeed, will not benefit from the decision. Carriers will have more wiggle room when it comes to providing compensation or not, leaving travellers unprotected in some cases and obliging them to take their fate into their own hands in others.
“Passengers are going to have to be much more aggressive in researching delays and cancellations. If the airline tells you it’s ‘mechanical’ or ‘operational,’ you’re going to need to do more research…ask exactly what the issue is and document everything. Save emails and take screenshots. Save receipts. Don’t accept vague language. Finally, ask for what you want. Even if the answer is no, you have fought for yourself,” Clint Henderson, the managing editor for The Points Guy, said in an interview with Nexstar.
As the rule is planned to come into effect on 19 October 2026, it is unclear at the moment of writing whether or not carriers will actually adapt their policies and what the precise impact of the rule will be.
