Air travelers expecting compensation after long flight delays may as well hold their breath. The United States Department of Transportation said it will withdraw a proposal backed by the Biden administration, shifting away from efforts to expand passenger rights.
The Biden-era proposal would have required U.S. and foreign airlines to create detailed customer service plans that guaranteed meals, flight rebooking, hotel stays, transportation and compensation whenever delays or cancellations were within the airline’s control for flights to, from or within the United States.
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In a statement to multiple news outlets, a Department of Transportation spokesperson said that some rules proposed or adopted by the Biden administration “went beyond what Congress has required by statute, and we intend to reconsider those extra-statutory requirements.”
The plan, first introduced in 2023, would have offered passengers cash payments ranging from $200 to $775, depending on the length of the delay.
Officials also sought feedback on whether protections should apply to all disruptions, how responsibility should be determined and whether compensation should be automatic. Another provision asked whether airlines should be required to offer free rebooking for passengers with disabilities, as well as their companions, when accessibility features were unavailable.
The DOT spokesperson emphasized the agency remains committed to enforcing all consumer protections mandated by Congress, including refunds for canceled or significantly delayed flights, while balancing practical considerations for airlines.
Airlines praise reduced regulatory burden
Airlines welcomed the decision.
Airlines for America, a trade group representing major U.S. carriers, including Delta Air Lines and United Airlines, said the move reduces “unnecessary and burdensome regulations” and allows airlines to focus on practical solutions for customers.
Current law and passenger rights guidance
Under current U.S. law, airlines are required to provide refunds for canceled flights, but there is no federal mandate to compensate passengers for delays. DOT offers guidance on passenger rights, including rules for refunds, overbooking and tarmac delays, on its website.
Travelers can also find detailed information about what airlines are required to provide when disruptions occur, such as accommodations and rebooking options and how to file complaints if their rights are not met.
By contrast, many other countries have formal delay-compensation rules. The European Union, Canada, Brazil and the United Kingdom require airlines to provide cash payments or accommodations when passengers experience long delays or cancellations, offering protections that go beyond what current U.S. law mandates.
