By: Roy Masuri, Esq., and Marnie Holz, Esq.
Air travel disruptions have long been a source of frustration for passengers and operational challenges for airlines. In response, U.S. regulators have recently introduced significant changes aimed at increasing transparency regarding the causes of those disruptions that are considered within an airline’s control. Below is a brief overview of those changes and how they could impact carriers operating to or from the U.S.
Recently, there were a few substantial changes under the FAA Reauthorization Act of 2024 (the “Act”) that took place, affecting passenger rights, one of which initially was set to take effect on October 19, 2026, but the effective date has now been delayed until February 1, 2027, at the request of Airlines for America. The Act is a broad statute that sets forth congressional priorities for the Federal Aviation Administration (“FAA”) in regulating the aviation industry in the United States.
Since 2002, the Department of Transportation (“DOT”) has required reporting air carriers to track flight cancellations and delays under Section 234.4 of Title 14 of the Code of Federal Regulations. Pursuant to that regulation, the DOT has required carriers to submit monthly reports attributing the cause of the cancellation or any delay of 15 minutes or more to one of five categories or codes, including causes that are considered to be within the carrier’s control. That “Air Carrier” code historically included causes or circumstances related to maintenance, crew scheduling, or aircraft cleaning. Many carriers voluntarily commit in their Terms of Carriage to providing certain consumer support (such as meal vouchers or lodging) where the cause of the delay or cancellation is reported under the “Air Carrier” code.
Now effective February 1, 2027, Section 511(b) of the Act imposes a new statutory requirement that specifically excludes the following 10 delineated events from the “Air Carrier’s” control for purposes of 14 CFR § 234.4:
(1) Aircraft cleaning necessitated by the death of a passenger.
(2) Aircraft damage caused by extreme weather, foreign object debris, or sabotage.
(3) A baggage or cargo loading delay caused by an outage of a bag system not controlled by a carrier or its contractor.
(4) Cybersecurity attacks (provided that the air carrier complies with applicable cybersecurity regulations).
(5) A shutdown or system failure of government systems that directly affects the ability of an air carrier to safely conduct flights and is unexpected.
(6) Overheated brakes due to a safety incident resulting in the use of emergency procedures.
(7) 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.
(8) An emergency that required medical attention through no fault of the carrier.
(9) The removal of an unruly passenger.
(10) An airport closure due to the presence of volcanic ash, wind, or wind shear.
The statutory exclusion of these causes of delay or cancellation from the “Air Carrier” code may benefit carriers who have committed to assisting delayed or stranded passengers when the cause was historically considered to be within the carrier’s control under the regulations. Indeed, according to the DOT, “the number of delays and cancellations for which air carriers provide amenities and compensation to consumers is expected to be reduced.” Accordingly, carriers operating to, from, and within the United States should consider adjusting the terms of their contracts of carriage to see if they cover any of the newly excluded events and make amendments or consider including a blanket exception to any commitment to provide amenities or compensation for delayed passengers when the delay is due to circumstances outside the carrier’s control.
Read the DOT’s full explanation here.
If you have any questions about how these changes could impact carrier operations or need any assistance, please feel free to reach out to Roy Masuri or Marnie Holz in Greenspoon Marder’s Aviation practice group.
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