US rule narrows airline liability for certain flight disruptions

Under a new federal rule taking effect next month, ten circumstances will be reclassified as beyond an airline's control. The change is expected to ease pressure on carriers to offer compensation such as meals or hotel vouchers when flights are delayed or cancelled.

The events moving outside the carrier's responsibility include aircraft cleaning required after a passenger dies on board, and damage to an aircraft from extreme weather, foreign object debris or sabotage. Also included is a delay in loading baggage or cargo caused by a failure of a bag system that the airline or its contractor does not operate.

Cyberattacks count as outside the airline's control as long as the carrier meets applicable cybersecurity requirements. The same applies to an unexpected shutdown or failure of government systems that directly affects a carrier's ability to operate flights safely.

Overheated brakes resulting from a safety incident that required emergency procedures are covered. So is unscheduled maintenance, including work prompted by an airworthiness directive, that arises outside a scheduled maintenance programme.

Regulators said the classification system is fairer to airlines and shields them from the reputational effects of being held directly responsible for delays and cancellations. The measure was part of the FAA Reauthorization Act of 2024.