WASHINGTON — Heading into the busy autumn travel season, Washington once again finds itself at the center of a debate over who should foot the bill when flights run hours behind schedule. The U.S. Department of Transportation (DOT) has signaled that it will withdraw a still-pending regulation that would have required airlines to compensate passengers between $200 and $775 when a controllable delay exceeded three hours.
What the dropped rule would have delivered to passengers
Proposed in December during the final weeks of the Biden administration, the rule attempted to put clear, federally enforceable dollar amounts on “controllable” delays—situations such as mechanical breakdowns, staffing shortfalls or scheduling software glitches that lie within an airline’s purview. Key elements included:
- Cash payments of $200 to $300 were made once a delay hit the three-hour mark.
- Escalating payouts topping out at $775 for delays of nine hours or more.
- No compensation required for weather, air-traffic control, or other issues outside the carrier’s control.
For travelers, the most striking change would have been automatic reimbursement. Instead of pleading a case with customer service agents or filing after-the-fact claims, passengers would have received payments proactively—similar to the European Union’s EC 261 regulation.
Why the DOT is backing away now
In a notice released Thursday, the department stated it “plans to withdraw” the measure. Officials provided no public explanation, but the decision arrives amid a broader Trump-administration review of aviation regulations adopted—or merely drafted—under President Biden. Industry opposition had been fierce from the outset. Airlines for America, a trade association representing the country’s biggest carriers, argued the rule would saddle airlines with higher costs during an already turbulent period of post-pandemic recovery. “We are encouraged by this Department of Transportation reviewing unnecessary and burdensome regulations that exceed its authority and don’t solve issues important to our customers,” the group said in a statement to NBC News. Expenses would likely have been passed on to passengers, the association contended, through higher base fares or more expensive ancillary fees. The DOT, meanwhile, has not published fresh cost-benefit estimates, leaving travelers to speculate how the proposal might have influenced ticket pricing had it gone live.
Parallel rollback on the fee-disclosure mandate
The about-face on delay compensation is not an isolated move. According to Reuters, the DOT is also considering whether to rescind a 2024 regulation that would require airlines to disclose seat-selection, baggage, and change fees upfront during the booking process. That rule, too, is stalled in federal court.
Where U.S. travelers stand now
Without the new regulation, the landscape largely reverts to today’s patchwork:
- No federal law requires airlines to pay cash for late departures within their control.
- Each carrier maintains its own “Customer Bill of Rights” or conditions of carriage, which may include vouchers, frequent-flier miles, or meal vouchers at the company’s discretion.
- Refunds remain mandatory only when an airline cancels a flight altogether and the passenger declines rebooking.
For comparison, the European Union obliges airlines to pay up to €600 after lengthy, controllable delays. Canada’s Air Passenger Protection Regulations guarantee up to CAD 1,000 for delays of three hours or more. The U.S. remains an outlier among major aviation markets in leaving compensation almost entirely to individual carriers.
Tips for travelers facing long delays
Even without the federal mandate, savvy fliers can still improve their odds of reimbursement:
- Know the airline’s policy. Screenshot or download the carrier’s Contract of Carriage before departure so you can quote it at the counter if trouble strikes.
- Document everything. Save boarding passes, delay alerts, and any correspondence. Details such as the flight number, length of delay, and stated reason can bolster claims later.
- Ask—politely but firmly—at the gate. Agents often have leeway to issue meal vouchers, lounge passes or hotel rooms when hardware or crew problems are to blame.
- Escalate in writing. If on-site staff cannot assist you, file a formal complaint through the airline’s website. Under DOT rules, carriers must acknowledge complaints within 30 days and provide a substantive response within 60 days.
- Leverage credit-card perks. Many premium travel cards include trip-delay insurance that activates after six or 12 hours, covering food and lodging up to a preset limit.
- Consider third-party services. Companies specializing in delay claims can negotiate with airlines on your behalf, though they typically keep a percentage of any payout.
FAQ: Flight-delay compensation in the United States
Does the DOT offer any respite at all?
Yes. If an airline cancels your flight for any reason and you opt not to travel, the carrier must refund the unused portion of your ticket—even on nonrefundable fares.
Will Congress step in?
Several lawmakers have introduced passenger-rights bills over the years, but none have advanced far. With an election year approaching, observers say new legislation is unlikely in the short term.
Should I bother filing a complaint with the DOT?
Absolutely. While the agency cannot force cash payouts for delays, it does track complaint data and can fine carriers for systemic problems, such as chronic misreporting of delay causes.
The bigger picture for international travelers
Frequent globetrotters who split their travel between domestic and overseas itineraries should remember that compensation rules hinge on the flight’s jurisdiction. A New York–to–Paris delay falls under European law once the aircraft lands in the EU, whereas a Paris–to–Los Angeles return on a U.S. carrier might not qualify for European protections. Checking the operating carrier and route origin can reveal which regulatory framework applies.
Bottom line
The DOT’s decision to shelve mandatory delay compensation means that, for now, U.S. travelers must rely on individual airline policies, travel insurance, and their own persistence to recoup expenses. Though the rule’s withdrawal may spare carriers additional costs, it leaves America without a uniform, enforceable safety net when controllable disruptions strand passengers for hours on end. Staying informed—and prepared—remains the best defense when schedules go south. — as Airlines for America said in a prepared statement.
