Biden wants airlines to pay passengers in US for lengthy delays

There is currently no legal requirement for airlines to compensate US passengers for delayed or canceled flights.

  A United Airlines passenger jet takes off with New York City as a backdrop, at Newark Liberty International Airport, New Jersey, US December 6, 2019. (photo credit: REUTERS/CHRIS HELGREN)
A United Airlines passenger jet takes off with New York City as a backdrop, at Newark Liberty International Airport, New Jersey, US December 6, 2019.
(photo credit: REUTERS/CHRIS HELGREN)

US President Joe Biden's administration said Monday it is writing new rules aimed at requiring airlines to compensate passengers for significant flight delays or cancellations when the carriers are responsible.

It is the latest in a series of moves by the Biden administration to crack down on airlines and bolster passenger consumer protections for domestic US flights and international flights involving an American destination or origin.

"When an airline causes a flight cancellation or delay, passengers should not foot the bill,” US Transportation Secretary Pete Buttigieg said in a statement.

The US Department of Transportation did not specify how much cash it aims to require airlines to pay passengers for significant delays. But it asked carriers last year whether they would agree to pay at least $100 for delays of at least three hours caused by airlines.

Biden plans to discuss the proposal at 1:45 p.m. EDT (1745 GMT).

Still, it could take years to write and finalize rules, and some carriers privately question whether the department has the legal authority to mandate compensation for delays. A July 2021 proposal to require airlines to refund consumers fees for baggage that is delayed, or onboard service like Wi-Fi that do not work, are still not finalized.

US Transportation Department to set new regulations for airline compensation

The Transportation Department said it plans to write regulations that will require airlines to cover expenses such as meals and hotels if carriers are responsible for stranding passengers. Most carriers voluntarily committed last August to provide hotels or meals but resisted providing cash compensation for delays.

The Biden administration has objected to family seating fees, investigated 10 carriers for failing to provide refunds, pressed Southwest AirlinesLUV.N to do more after a holiday meltdown led to more than 16,000 flight cancellations, and proposed other new consumer protections.

The Transportation Department on Monday made clear on a government website that no US carriers have agreed to provide cash compensation for delayed or canceled flights under carriers' control.

The Biden administration has sparred with US airlines over who was to blame for hundreds of thousands of flight disruptions last year.


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Airlines for America, a trade association representing Delta Air Lines DAL.N, United Airlines UAL.O, American Airlines AAL.O, and others, said US airlines "have no incentive to delay or cancel a flight and do everything in their control to ensure flights depart and arrive on time, but safety is always the top priority."

US airlines note the Federal Aviation Administration (FAA) acknowledges it does not have enough air traffic control staff and is operating 10% fewer flights than in 2019 to reduce pressure on the system.

In October, Reuters first reported major US airlines opposed Transportation Department plans to update its dashboard to show whether carriers would voluntarily compensate passengers for lengthy delays within airlines' control.

The updated dashboard shows JetBlue AirwaysJBLU.O offers frequent flyer miles, travel credits or vouchers when cancellations or delays that are under the airline's control result in passengers waiting three hours or more, and Alaska Airlines ALK.N offers travel credits or vouchers. No airline guarantees cash compensation.

There is no legal requirement for airlines to compensate US passengers for delayed or canceled flights, but the European Union and some other countries require compensation of up to 600 euros ($663) for most significant delays.