New rule could impact your next delayed or canceled flight

(NEXSTAR) – The next time your flight is canceled or delayed, it may not be as easy to get compensation once a new federal rule takes effect.

Last month, the Transportation Department announced that 10 types of flight disruptions would no longer be attributed to the air carrier. Instead, the 10 disruptions, listed below, will be tracked in the new “Section 511(b) category.”

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.

An airport closure due to the presence of volcanic ash, wind, or wind shear.

A Transportation Department spokesperson previously told Nexstar the recategorization is in response to the FAA Reauthorization Act of 2024, which President Biden signed into law over two years ago.

The move, which formally takes effect on Monday, Oct. 19, is meant to “ensure government delay data accurately reflects what airlines can and cannot control.” Airline carriers are expected to save costs by “[reducing] the negative reputational impacts and harm that air carriers currently experience because the attribution of certain delay and cancellation causes to air carriers that this rulemaking addresses as not within their control,” the DOT explained in a federal filing.

Aviation law firm Crowell & Moring LLP called it “a significant step forward for the airline industry,” noting that carriers had argued that the current reporting structure “misattributes certain disruptions to carriers that are not within their operational control.”

It could, however, be “quite a big blow potentially for customers,” Clint Henderson, the managing editor for The Points Guy, told Nexstar last month. The Transportation Department acknowledged that reclassifying the delays and cancellations is expected to reduce “the total value of amenities and compensation currently provided by air carriers to consumers.”

“The one that is especially outrageous to me as a consumer advocate is that if a plane goes mechanical or has maintenance issues, that is no longer considered a reason the airline would give you compensation,” Henderson said. That may mean that, if your flight is canceled for an issue, “the airline wouldn’t necessarily give you food or hotel vouchers.”

Henderson said to be prepared for flight disruptions, “have a backup plan in case things go sideways,” and be aggressive when inquiring about delays and cancellations in order to pursue compensation. That may include asking for a hotel and reimbursement for ride shares, food, and beverages. If an airline declines to offer cash compensation, he suggested asking for miles.