FlyersRights sues US DOT over delay reporting rules — AeroTime
US air passenger rights organization FlyersRights said it filed a lawsuit against the US Department of Transportation (DOT) on October 30, 2026, over a rule on reporting the causes of flight delays and cancellations. The petition was filed with the US Court of Appeals for the District of Columbia Circuit, AeroTime reports.
FlyersRights believes that the agency exceeded the authority granted by Congress and introduced the rule without the standard public-comment procedure. The organization says the changes could shift the costs of meals, hotel accommodation, and ground transportation onto passengers in the event of schedule disruptions.
Change in the classification of disruption causes
The new requirements provide for the exclusion of ten types of disruptions from the Air Carrier category, which includes problems under an airline's control. They include certain cases of unscheduled maintenance and cyberattacks. DOT explains that these exceptions are provided for by the FAA Reauthorization Act of 2024.
The maintenance rule covers issues outside scheduled servicing that cannot be deferred or must be addressed before a flight, including work required by an airworthiness directive. Other exceptions include the removal of a disruptive passenger, medical emergencies not caused by the carrier, and unexpected failures of government systems. Cyberattacks will be considered an exception provided that the airline complies with cybersecurity requirements.
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Passenger assistance and deadlines
FlyersRights emphasizes that airlines' promises to provide meals, hotel accommodation, or ground transportation often depend on whether the cause of a delay is considered to be within the carrier's control. DOT itself acknowledged in the text of the rule that after ten causes are excluded from this category, airlines will likely provide fewer services and less compensation.
The organization claims that Congress instructed DOT to change the reporting procedure, rather than narrow carriers' obligations to passengers. Earlier, FlyersRights, together with three other consumer organizations, asked the agency to withdraw the rule.
DOT published the rule on September 3, 2026, but after a request from Airlines for America, postponed its effective date until February 1, 2027. The updated reporting requirements will apply to flights beginning January 1, 2027. The right to a ticket refund is separate from the issue of meals or accommodation: a passenger is entitled to a refund after a flight cancellation regardless of its cause if they decline alternative transportation, a voucher, or other compensation. This right also applies to significant delays and schedule changes specified by the rules if the passenger decides not to travel.
