Trump's new flight rules: airlines escape blame for delays, passengers left out of pocket
President Donald Trump's administration is quietly rewriting the rulebook on flight cancellations and delays, and the changes could leave British and American travellers significantly out of pocket. Under a new Department of Transportation (DOT) ruling, airlines will no longer be held responsible for ten types of disruption, meaning compensation claims will become far harder to secure.
The move overturns key elements of the Biden-era FAA Reauthorisation Act of 2024, which had required carriers to refund passengers when flights were cancelled or significantly delayed. Now, the Trump administration has decided that a host of incidents, from cyberattacks to unruly passengers, are simply 'not within the control' of the airlines, and therefore no longer their financial responsibility.
What are the ten new exemptions for airlines?
The DOT has listed ten specific circumstances in which airlines will no longer be blamed for disruptions. These include:
- An aircraft requiring cleaning after the death of a passenger.
- Damage caused by extreme weather, foreign object debris or sabotage.
- Baggage delays caused by outages in systems not controlled by the airline.
- Cyberattacks, provided the airline complied with federal cybersecurity rules.
- Government system failures that directly affect flight safety.
- Overheated brakes following an emergency incident.
- Unscheduled maintenance required before the next flight.
- Medical emergencies beyond the airline's control.
- Removal of an unruly passenger.
- Airport closures due to volcanic ash, wind or wind shear.
Why is the Trump administration making these changes?
The DOT argues that the changes will help airlines save money and protect their reputations from incidents they cannot reasonably control. A spokesperson said the rule aims at reducing 'the negative reputational impacts and harm that air carriers currently experience' when delays are wrongly attributed to them.
It is a pragmatic, business-friendly move, consistent with the administration's broader deregulatory agenda. But critics warn that the real cost will be borne by passengers, who will now find it far harder to claim compensation.
What does this mean for passengers?
Clint Hernserson, managing editor of The Points Guy, a travel advice service, told Nexstar that the policy is 'quite a big blow potentially for customers'. He singled out the unscheduled maintenance exemption as particularly troubling.
'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.'
Hernserson advises passengers to be 'much more aggressive in researching delays and cancellations' if they want to protect their money. He recommends documenting everything, saving emails and screenshots, and refusing to accept vague explanations.
'If the airline tells you it's mechanical or operational, you're going to need to do more research. Ask exactly what the issue is and document everything. Save emails and take screenshots. Save receipts. Don't accept vague language. Finally, ask for what you want. Even if the answer is no, you have fought for yourself.'
Will compensation claims become harder?
Almost certainly. The DOT has itself acknowledged that the new rule will reduce 'the total value of amenities and compensation currently provided by air carriers to consumers'.
For British travellers, the contrast with UK and EU rules, which offer strong passenger protections under Regulation 261/2004, is stark. While European carriers remain liable for most delays and cancellations, their American counterparts now enjoy far greater latitude to escape financial responsibility.
This is yet another example of the Trump administration putting corporate interests before consumer rights, wrapped in the language of pragmatism. It may save airlines money, but it is the travelling public who will foot the bill.
Frequently asked questions
Can I still get compensation for a delayed flight in the US?
Yes, but only if the disruption falls outside the ten new exemption categories. If the airline can claim the cause was beyond its control, such as a cyberattack or unscheduled maintenance, you may no longer be entitled to a refund.
Do these changes affect flights from the UK?
No. UK and EU flights remain protected by Regulation 261/2004, which holds airlines responsible for most delays and cancellations. The new US rules apply only to domestic American flights and those operated by US carriers.
What should I do if my US flight is cancelled?
Document everything. Ask for a specific reason for the cancellation, save all correspondence, and request compensation in writing. If the airline refuses, you can escalate to the DOT or seek legal advice.