Key Takeaways
- It is a reporting rule, not a new passenger right. DOT's final rule of 3 September 2026 moves 10 delay and cancellation causes out of the airline's "Air Carrier" code.
- It covers flights from 1 January 2027. The effective date moved from 19 October 2026 to 1 February 2027.
- Meals and hotels are where you feel it. DOT judges "controllable" by that code, and expects fewer delays to earn the meals and hotels airlines promise.
- Your refund does not change. Cancelled, or 3 hours late (6 international), and you choose not to fly: the fare comes back, whatever the cause.
- Mechanical delays are on the list. Repairs that cannot wait leave the airline's column, which held 32.4% of US delay minutes from January to August 2026.
From 1 January 2027, US airlines stop reporting 10 causes of delay as their own, including mechanical problems that must be fixed before takeoff. The rule is final but not yet in effect, and it only changes reporting: your refund rights stay. The meals and hotels airlines promise, though, cover only delays they control, and DOT expects fewer to qualify.
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What is the US flight delay rule for 2027?
A Department of Transportation final rule, published in the Federal Register on 3 September 2026, that changes how airlines report why a flight was late or cancelled. Ten event types leave the "Air Carrier" code, the one reserved for causes within the airline's control, and go into a new "Section 511(b)" code. It applies to flights from 1 January 2027.
Congress wrote the list, in Section 511(b) of the FAA Reauthorization Act of 2024, law since 16 May 2024, so DOT issued the rule without public comment and copied the law's wording. It was due on 19 October 2026. On 15 October, DOT moved it to 1 February 2027, after Airlines for America asked for a start "for flights beginning January 1, 2027".
What it is not: a compensation rule. DOT withdrew its 2024 plan for cash compensation (an advance notice of proposed rulemaking) on controllable delays on 17 November 2025. There is still no federal cash payment for a late domestic flight.
Which 10 delay causes stop counting as the airline's fault?
Mechanical problems that cannot wait, plus nine rarer events, from a passenger's medical emergency to an airport closed by wind. Everything else the airline controls, such as a missing crew, stays in its column. Here is the list in the rule's order, shortened from its legal wording:
- Aircraft cleaning needed because a passenger died
- Aircraft damage caused by extreme weather, foreign object debris or sabotage
- A baggage or cargo loading delay from an outage of a bag system the airline and its contractor do not control
- A cyberattack, if the airline complies with cybersecurity regulations
- An unexpected government system shutdown or failure that stops the airline flying safely
- Overheated brakes after a safety incident that required emergency procedures
- Unscheduled maintenance outside the scheduled program, airworthiness directives included, that cannot be deferred or must be fixed before flight
- A medical emergency through no fault of the airline
- Removing an unruly passenger
- An airport closure caused by volcanic ash, wind or wind shear
Number 7 is the one to know: a fault found at the gate that must be fixed before takeoff. Today BTS tells airlines to report maintenance as their own cause. From January, this kind of repair goes in the new code.
Will airlines still give you meals and a hotel from 2027?
Only if they choose to. Federal law makes airlines write a reimbursement policy for delays they cause, but sets no amount. The meals and hotels come from each airline's own customer service plan, and DOT counts a delay as controllable only in the Air Carrier code. The ten causes leave it, and DOT expects fewer delays to qualify.
In November 2025, DOT wrote that all 10 of the largest US airlines guarantee a meal and free rebooking on the same airline, and 9 guarantee a hotel and transport to it, for controllable overnight delays and cancellations. The details are each airline's own: JetBlue gives a $12 meal voucher when a controllable problem makes you arrive 3 hours or more late, and Delta says it does not reimburse weather or air traffic control delays.
The link is one line in a DOT notice: it "has aligned the 'controllable' standard for its dashboard with the Air Carrier causal category". When a cause leaves that category, it leaves "controllable", and the rule itself says "the total value of amenities and compensation currently provided by air carriers to consumers will be reduced". How much, nobody knows: DOT "does not have visibility into the frequency" of the ten causes.
Airlines can still be generous: DOT says they "will often go beyond what is required by law". And for one cause the change came early: since 10 December 2025, DOT has not enforced airline promises when airworthiness directive maintenance could not wait.
If the airline won't cover the night, cover it yourself: compare hotels with live prices and keep the receipt. Some airlines also pay for a room by policy on long connections: see six airlines that give you a free hotel on a layover.
What do airlines owe you by law, whatever caused the delay?
A refund, and care if you are stuck on the plane. If your flight is cancelled, or delayed so you arrive 3 hours or more late on a domestic itinerary (6 on an international one), and you decide not to fly, the airline must refund the fare, taxes and paid extras. The cause does not matter.
The refund rule (14 CFR Part 260) never asks why the flight was late, and the new rule does not touch it:
- It is automatic if the flight is cancelled and you get no alternative, or you turn the alternative down.
- A voucher is only an option. It must be offered as an explicit alternative to the refund and stay valid for at least five years.
- It is fast: 7 business days for a credit card, 20 calendar days for cash, check or debit.
- Other changes count too: a different airport, more connections or a downgrade.
On the plane, the tarmac rule (14 CFR 259.4) applies whatever the cause: food and water within 2 hours, working toilets, and a chance to get off before 3 hours (domestic) or 4 (international), with safety and air traffic control exceptions.
Which delays still earn you meals and a hotel from 2027?
Delays the airline still controls, such as crew problems, keep every promise in its customer service plan. The ten Section 511(b) causes move toward the footing of weather and air traffic control: your refund stands, but meals and a hotel depend on the airline's goodwill.
| Delay cause | Flights to 31 Dec 2026 | Flights from 1 Jan 2027 | What you can still ask for |
|---|---|---|---|
| Crew shortage and other problems the airline controls | Airline's ("Air Carrier") | Still the airline's | Refund, plus its plan: meal and free rebooking at all 10 largest airlines, overnight hotel and transport at 9 |
| Unscheduled maintenance that cannot wait; overheated brakes after an emergency | Airline's (BTS rules put maintenance there) | "Section 511(b)" | Refund; meals or hotel only as goodwill (directive maintenance already off DOT's enforcement list since 10 Dec 2025) |
| Medical emergency, unruly passenger, cleaning after a passenger's death | Can count as the airline's | "Section 511(b)" | Refund; meals or hotel only as goodwill |
| Aircraft damage from extreme weather, debris or sabotage | Can count as the airline's | "Section 511(b)" | Refund; meals or hotel only as goodwill |
| Cyberattack, government system failure, outside bag system outage, airport closed by ash or wind | Can count as the airline's | "Section 511(b)" | Refund; meals or hotel only as goodwill |
| Weather and air traffic control | "Extreme Weather" or "National Aviation System" | Unchanged | Refund; no meal or hotel promise on DOT's dashboard |
| Any cause, stuck on the tarmac | Any code | Unchanged | Food and water within 2 hours; off the plane before 3 hours (domestic) or 4 (international) |
"Refund" means the fare back if you choose not to fly after a cancellation or significant delay. The rule does not say how often each of the ten was coded to the airline before.
How much US flight delay counts as the airline's fault today?
About a third. From January to August 2026, causes coded to the airline accounted for 32.4% of all delay minutes on US flights, 29.0 million of 89.4 million minutes, according to the Bureau of Transportation Statistics. Late-arriving aircraft caused 40.8%, the National Aviation System 20.2% and extreme weather 6.4%.
The ten causes will come out of that 32.4% slice. How big a piece is the open question, and DOT has said in writing that it cannot see it. January 2027 is the first month reported the new way.
BTS counts a flight as delayed from 15 minutes late. In August 2026 alone, the airline's share was 28.8%.
What should you do when your US flight is delayed in 2027?
Ask for the cause, then hold the airline to what its customer service plan promises for that cause. If your flight is cancelled or delayed 3 hours or more (6 international) and you would rather not fly, ask for the refund, not a voucher. Keep every receipt for food, rooms and rides.
- Get the cause from the gate agent or the app, in writing if you can.
- Check your airline's plan, linked from DOT's Airline Cancellation and Delay Dashboard.
- Decide on the refund early. If you don't fly, it is yours whatever the cause.
- Rebook fast if you still need to travel. Holiday flights fill up, which is why we track when to book Christmas flights.
- Check your own cover. Travel insurance or a credit card may have its own trip delay benefit.
Rebooking on your own? Search flights on Navoy. Need a ride to the hotel? Book an airport transfer.
How are EU and UK delay rules different for Americans flying to Europe?
Europe pays cash. EU and UK rules set a fixed sum when you arrive 3 hours or more late, unless extraordinary circumstances caused it: $278 to $668 (€250 to €600) in the EU and $292 to $691 (£220 to £520) in the UK, by distance. US law has no such payment.
| EU rules | UK rules | |
|---|---|---|
| Covered | Any airline leaving the EU; flights into the EU on an EU airline | Any airline leaving the UK; flights into the UK on a UK or EU airline |
| Up to 1,500 km, 3h+ late | $278 (€250) | $292 (£220) |
| 1,500 to 3,500 km, 3h+ late | $445 (€400) | $465 (£350) |
| Over 3,500 km, 3 to 4 hours late | $334 (€300) | $345 (£260) |
| Over 3,500 km, 4h+ late | $668 (€600) | $691 (£520) |
Converted at the European Central Bank reference rate of 28 October 2026 (1 EUR = 1.1133 USD; 1 GBP = 1.3288 USD).
So a US airline's New York to Paris flight is not covered, but its flight home is. And in the EU, most technical problems found during maintenance are not extraordinary circumstances, so a mechanical delay usually still pays. Revised rules approved by the European Parliament on 7 July 2026 keep these levels: see our EU rules for 2027.
Frequently asked questions
When does the US flight delay rule take effect?
On 1 February 2027, and it covers delays and cancellations of flights on or after 1 January 2027. It was due on 19 October 2026, but DOT delayed it on 15 October 2026 after Airlines for America asked for a calendar-year start.
Does the new rule change refunds for delayed flights?
No. The refund rule in 14 CFR Part 260 does not depend on the cause. If your flight is cancelled, or delayed so you arrive 3 hours or more late on a domestic itinerary (6 on an international one), and you choose not to fly, the airline must refund the fare, taxes and paid extras.
Will my airline still pay for a hotel if a mechanical problem delays me overnight?
It depends on the airline. Unscheduled maintenance that cannot wait leaves the "Air Carrier" code for flights from 1 January 2027, so it no longer counts as controllable on DOT's dashboard. Airlines may still offer a hotel as goodwill, so ask, check your airline's customer service plan, and keep your receipts.
Do US airlines have to pay cash compensation for a delayed flight?
No federal rule requires it. DOT withdrew its 2024 plan for cash compensation on controllable delays on 17 November 2025. Some airlines offer it anyway: DOT counted 4 of the 10 largest US airlines committing to credits, travel vouchers or frequent flyer miles for controllable disruptions.
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Sources
- Federal Register, final rule 2026-18040, 3 September 2026 (91 FR 56588) - the ten causes and their wording, the new "Section 511(b)" code, the 16 May 2024 law date, the original 19 October 2026 effective date, no public comment, the expected reduction in amenities and compensation, DOT's lack of data on how often the causes occur
- Federal Register, delay of effective date 2026-21058, 15 October 2026 (91 FR 65456) - effective date 1 February 2027, flights on or after 1 January 2027, January 2027 reports, Airlines for America's request
- Federal Register, enforcement notice 2025-22415, 10 December 2025 (90 FR 57138) - the dashboard's "controllable" standard aligned with the Air Carrier code, no enforcement for airworthiness directive maintenance, airlines going "beyond what is required by law", BTS reporting maintenance as Air Carrier
- Federal Register, withdrawal 2025-20042, 17 November 2025 (90 FR 51230) - withdrawal of the 2024 cash compensation proposal; Section 512 of the 2024 Act (airlines set reimbursement policies, no amounts); all 10 largest airlines guarantee a meal and rebooking, 9 a hotel and ground transport, 4 compensation
- eCFR, 14 CFR Part 234 - today's Air Carrier definition, delays coded from 15 minutes
- eCFR, 14 CFR Part 260 - significant delay of 3 hours (domestic) or 6 hours (international), the refund duty regardless of cause, automatic refunds, 5-year voucher validity, 7 business day and 20 calendar day timelines
- eCFR, 14 CFR 259.4 - tarmac delay: food and water within 2 hours, deplaning before 3 or 4 hours
- Bureau of Transportation Statistics, on-time statistics and delay causes - delay minutes by cause, January to August 2026 (airline 32.4%, late aircraft 40.8%, National Aviation System 20.2%, weather 6.4%) and August 2026 (28.8%); the 15-minute delay definition
- JetBlue, Customer Service Plan - $12 meal voucher at a 3-hour controllable arrival delay
- Delta, delayed or canceled flight - no reimbursement for weather or air traffic control delays
- European Commission, Your Europe: air passenger rights - EU coverage, €250 to €600 compensation, the €300 band, technical problems not extraordinary
- UK Civil Aviation Authority, delays - £220 to £520 compensation and the £260 band
- legislation.gov.uk, UK261 Article 3 - which flights UK rules cover
- European Parliament, 7 July 2026 - revised EU rules keep compensation from a 3-hour delay at $278, $445 and $668 (€250, €400 and €600)
- European Central Bank, euro reference rates - 28 October 2026: reference rates of 28 October 2026, which give $1.1133 per euro and $1.3288 per pound
All figures verified 29 October 2026 and re-checked 9 November 2026. The rule's text was read in the Federal Register documents themselves.
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About the Author
Ranym Garali
Ranym is the Marketing and Content Lead at Navoy. She's been writing about travel for two years and digs into the data behind each piece, flight prices, visa rules and what people are actually searching for , so the advice holds up in practice.
