Passenger rights group sues DOT over rule shifting flight delay costs to travelers

Airline passenger group FlyersRights is suing the US Department of Transportation (DOT) over a rule it says shifts the cost of meals, hotels and other expenses from airlines to passengers during flight delays and cancellations.

The group announced the court action on October 30, 2026, saying it had filed a petition in the US Court of Appeals for the District of Columbia Circuit. It argues that the DOT went beyond what Congress authorized and improperly adopted the rule without first seeking public comment.

The rule changes how airlines report the causes of delays and cancellations. Ten types of disruption, including certain unscheduled maintenance and cybersecurity attacks, would move out of the “Air Carrier” category used for problems deemed within an airline’s control. The DOT says the exclusions were required by the FAA Reauthorization Act of 2024.

FlyersRights says the distinction could have consequences for passengers whose flights are disrupted. Airline promises to provide meals, hotel rooms and transportation often depend on whether the cause was within the carrier’s control.

The DOT acknowledged in the rule that it expects airlines to provide less in amenities and compensation once the 10 causes are excluded from the airline-controlled category.

“A change in reporting classifications is not permission to reduce passenger rights,” FlyersRights President Paul Hudson said in the group’s announcement of its court petition.

The maintenance provision of the DOT rule covers problems arising outside scheduled maintenance that cannot be deferred or must be addressed before flight, including work required by an airworthiness directive.

Other exclusions include removing an unruly passenger, medical emergencies that are not the airline’s fault and unexpected failures of government systems. Cyberattacks qualify only when the airline complies with applicable cybersecurity regulations.

FlyersRights says Congress told DOT to change how airlines report the causes of delays, not reduce their responsibility to help stranded passengers. It says an airline’s selection of a reporting code should not determine whether it owes a stranded traveler assistance.

The group also disputes the DOT’s decision to skip the usual public notice-and-comment process. FlyersRights and three other consumer organizations previously asked the department to withdraw the rule.

The changes have not yet taken effect. The DOT published the rule on September 3, 2026, but later postponed its effective date to February 1, 2027, following a request from Airlines for America.

The revised reporting requirements will cover flights beginning January 1, 2027. The DOT said the additional time would allow airlines and the government to update their reporting systems.

Ticket refunds are separate from the meals, lodging and other assistance at issue. Under DOT rules, passengers are entitled to a refund when an airline cancels their flight, regardless of the reason, and they decline alternative travel, vouchers or other compensation. Refund rights also apply to qualifying significant delays and schedule changes when passengers choose not to travel.The post Passenger rights group sues DOT over rule shifting flight delay costs to travelers appeared first on AeroTime.

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