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A New Rule Will Change When Airlines Pay for Delays

By Natasha Etzel
Read time: 4 minutes
November 11, 2026
Updated: November 11, 2026

A New Rule Will Change When Airlines Pay for Delays

Woman in airport looking at flight information board
Credit: © wichayada/stock.adobe.com
By Natasha Etzel
Author
Natasha Etzel
Natasha is a finance and travel writer whose work has appeared in NerdWallet, Fast Company, Newsweek, and more. Her mission is to help others explore the world in more affordable ways. Thanks to credit card rewards, flight deals, and travel hacks, she has traveled to nearly 40 countries — and she's not done adventuring yet.

While travelers always hope their next flight will go exactly as planned, that doesn’t always happen. According to the Department of Transportation (DOT), around 25% of U.S. flights were delayed in the first eight months of 2026. Under current rules, travelers have the right to compensation for delays that are considered within an airline’s control, like crew staffing issues — as opposed to weather, which is considered an uncontrollable delay. Unfortunately, a new DOT rule taking effect early next year will remove some categories of flight disruptions that are currently considered within the airline’s control. These changes could leave you on the hook for extra expenses incurred during a delay. Here’s what you need to know.

What To Expect

Aircraft maintenance technicians carrying out a post-flight inspection
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On September 3, 2026, the DOT published a final rule outlining upcoming changes that were previously approved by Congress under the FAA Reauthorization Act of 2024. Once it’s implemented, 10 types of flight disruptions will be reclassified as events outside the airline’s control, moving them out of the category that typically qualifies travelers for compensation under carriers’ customer service plans.

Airlines are required to report the cause of flight delays and cancellations to the DOT, and these reports determine which disruptions count as the airline’s responsibility. Under the new rule, the following disruptions will no longer be classified as within the airline’s control:

  • Aircraft cleaning required after the death of a passenger
  • Aircraft damage caused by extreme weather, foreign object debris, or sabotage
  • Baggage or cargo loading delays caused by an outage of a bag system not controlled by a carrier or its contractor
  • Cybersecurity attacks (as long as the airline complies with applicable cybersecurity regulations)
  • Unexpected shutdowns or system failures of government systems that directly affect the ability of an air carrier to conduct flights safely
  • Overheated brakes due to a safety incident resulting in the use of emergency procedures
  • Unscheduled maintenance, including airworthiness directives, manifesting outside a scheduled maintenance program that cannot be deferred or must be addressed before flight
  • Emergencies that require medical attention through no fault of the carrier
  • Removal of an unruly passenger
  • Airport closures due to volcanic ash, wind, or wind shear

What This Means for Airline Passengers

Delta Airlines desk at Berlin Tegel Airport in Germany
Credit: © Panama7—iStock Editorial/Getty Images

These changes will impact travelers’ eligibility for compensation from airlines when disruptions occur. The most notable disruption that will no longer be classified as within the airline’s control is unscheduled maintenance. 

Currently, mechanical issues are treated as the airline’s responsibility, and controllable delays and cancellations entitle travelers to the compensation and services outlined in the airline’s customer service plan. 

The DOT’s Airline Customer Service Dashboard lists each airline’s commitments for controllable delays and cancellations. For example, most major U.S. airlines have committed to providing a meal voucher for controllable delays of three hours or more and complimentary hotel accommodation for passengers affected by an overnight cancellation. Once these changes take effect, travelers could be ineligible for such compensation.

The rule was set to go into effect on October 19, 2026, but the DOT has since pushed the date back to February 1, 2027. Airlines for America, the trade group representing major U.S. airlines, requested the delay to give airlines and government systems more time to prepare for the new reporting requirements.

How To Prepare Before Flying

Plane on the tarmac at Kobe Airport in Japan
Credit: © Takosan—iStock/Getty Images

While you can’t control which disruptions qualify for airline compensation, you can take steps to protect yourself before and during your travels. Below are a few helpful tips.

Consider purchasing travel insurance: A travel insurance policy with trip delay and interruption coverage will help reimburse your expenses for meals, hotels, and ground transportation.

Use a credit card with travel protections: Many travel rewards credit cards include trip delay and trip interruption insurance when you pay for your flight with the card. Review the card’s benefits guide to see what’s included, when coverage kicks in, and how to file a claim.

Fly earlier in the day: Try to book morning flights, as they’re statistically less likely to be delayed than evening flights. According to DOT reporting for August 2026, at the 30 largest U.S. airports, 89.7% of flights during the 6 a.m. hour took off on time, compared with 55.4% throughout the 6 p.m. hour. Flight disruptions can quickly pile up as the day goes on.

Avoid tight connections: When booking tickets with a connecting flight, avoid short layovers. A longer delay will put you less at risk of a missed connection.

Know your rights: Before flying, review the DOT’s Airline Customer Service Dashboard to know what your airline has committed to providing during controllable delays and cancellations.

Pack essentials in your personal item or carry-on bag: Bring extra medication, toiletries, and an extra outfit, in case you experience a significant travel delay. 

Related: 8 Things You Should Always Pack in Your Carry-On

Featured image credit: © wichayada/stock.adobe.com