ORLANDO, Fla. — The Federal Aviation Administration is considering approving a new set of rules that would require airlines to compensate passengers impacted by controllable flight cancellations and delays.
The proposed rules “will make it mandatory – not voluntary, but mandatory – for all U.S. airlines to compensate your meals, hotels, taxis, rideshares, and rebooking fees, and cash miles and/or travel vouchers whenever they’re the ones to blame for the cancellation,” President Joe Biden said Monday in announcing the proposal. “And, that’s all on top of refunding the cost of your tickets.”
Airlines have faced pressure from the Biden Administration, and passengers alike, after thousands of canceled and delayed flights last year.
Southwest was predominantly impacted after what FAA leaders called an "operational meltdown."
“Your time matters, and you should be compensated for that,” U.S. Transportation Secretary Pete Buttigieg told Spectrum News, comparing the proposed agency rules to similar passenger rights existing in Europe and other locations.
Buttigieg said the proposed rule changes, while still requiring public input, do fall in line with existing agency authority, so will not require congressional approval.
In an effort to “hold airlines accountable”, the FAA launched the website FlightRights.gov, which Buttigieg says clearly puts in front of flyers exactly what airlines are promising passengers.
Ten U.S. airlines have signed voluntarily commitments to rebook passengers on the same airline at no additional cost when their flight is delayed or canceled due to issues within the airline’s control. Those same 10 airlines have also committed to providing meal vouchers, as well as other benefits.
Buttigieg said the airline policies are currently voluntary, not mandatory, as the new rules propose. By having the policies in writing and published online, airlines give the agency enforceable authority to act should airlines fail to keep up with their promise to passengers.
“A year ago before we put up that information, not one of the top 10 airlines had made any kind of guarantees they would cover things like meals, or ground transportation or rebooking,” Buttigieg said. “Now, almost all of them do, and we have agreements that are enforcement which means if they do not live up to those commitments there would be a fine.”
The major U.S. airlines — and their trade group, Airlines for America — argue they already proactively provide appropriate compensation to passengers in instances where flights are delayed or canceled for reasons within their control.
“We’ve seen a lot of improvement, and any airline that says they’re doing these things that’s great, we want them to put them in writing so we can follow up if there’s a problem,” Buttigieg said. “We also want to set a floor, that’s what these rules are about. Saying, ‘Look, no matter what airline you’re on, there are some basic things that need to happen to take care of passengers, especially in situations where the airline is responsible for the delay.'”
“U.S. 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,” Airlines For America told Spectrum News in a statement. “We have the safest air travel system in the world because we never compromise on safety.”
Airlines For America’s analysis of U.S. Department of Transportation data shows 58% of all canceled flights in the U.S. (August 2022 – February 2023) were due to weather (50,804). The airlines had 33.7% (29,544) controllable flight cancellations, while 8% (6,971) canceled flights are blamed on the air system itself.
Airlines argue that as they ramp up their operations — which includes hiring thousands of new pilots — the FAA also has a role in ensuring flights are not canceled or delayed. (See full statements from individual airlines below)
Data shows thousands of flights were canceled this year due to system outages, as well as staffing issues at air traffic control towers.
“There’s no question the FAA has a share of the challenge, and I want to be clear that air traffic control issues are not the reason for the majority of delays and cancellations, but staffing can be an issue that affects flights,” Buttigieg said, adding that the agency is hiring 1,500 air traffic controllers this year, and another 1,800 next year — if funding is approved by Congress in the upcoming budget.
Orlando International Airport is ranked as the seventh busiest airport in the nation, hosting more than 52 million passengers between March 2022 and March 2023.
Southwest Airlines, which was forced to cancel thousands of flights last year due to operations, is the largest carrier in Orlando in terms of passenger loads.
Top Ten Airlines By Size At Orlando International Airport
Based on Passengers Enplaned + Deplaned March 2023
Source: GOAA / Orlando International Airport
- Southwest Airlines: 1,013,106
- Spirit Airlines: 881,116
- Frontier Airlines: 680,543
- Delta Air Lines: 667,732
- American Airlines: 515,857
- JetBlue Airways: 483,148
- United Airlines: 415,701
- Air Canada: 95,677
- Alaska Airlines: 71,279
- Avelo Airlines: 50,504
Full Statements
AIRLINES FOR AMERICA
U.S. 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. We have the safest air travel system in the world because we never compromise on safety.
One of the biggest impacts on flight operations is weather, and in 2022, more than half of flight cancellations were caused by extreme weather. Thus far in 2023, the majority of flight cancellations have been because of ATC outages and severe weather.
Carriers have taken responsibility for challenges within their control and continue working diligently to improve operational reliability. This includes launching aggressive, successful hiring campaigns for positions across the industry and reducing schedules in response to the FAA’s staffing shortages. In 2022, carriers reduced their schedules by about 15% to alleviate pressure on the National Airspace System (NAS), and U.S. airlines are currently accommodating record demand while operating 10% fewer flights than in 2019 to reduce pressure on the system.
We look forward to working with the Administration to ensure U.S. airspace remains the safest airspace in the world while supporting robust marketplace competition that provides transparency and vast options for consumers.
ALLEGIANT AIRLINES
We appreciate the Administration’s efforts to enhance consumer protections, but Allegiant already compensates customers for extended delays and cancellations. In the event of a controllable cancellation, we provide cash compensation up to $200.00 per passenger. In the event of an extended delay or rescheduled flight, Allegiant provides hotel accommodations. In the event there are no hotel rooms available in the area, we either reimburse a passenger or provide cash compensation.
The forthcoming Notice of Proposed Rulemaking announced by President Biden and Secretary Buttigieg on May 8th will serve only to make airfare more expensive while creating little or no public benefit. Unfortunately, it is likely to leave many working-class Americans without affordable travel options.
At a time when millions of Americans are struggling with inflationary pain, the proposed rules seem contrary to the stated goals of the Administration. Many hard-working Americans will miss time with loved ones, graduations, ball games, birthdays, holidays and other family events because they will be priced out of air travel.
It would better serve consumers if the Administration turned its attention to solving ongoing serious aviation staffing issues, including understaffed FAA air traffic control facilities and the pilot shortage behind many delays and cancellations.
We look forward to productive dialogue with the DOT and the White House on these critical issues and view them as opportunities to work together to ensure consumers receive the protections they deserve, while preserving the robust competition and low airfare environment that exists today.
AMERICAN AIRLINES
American Airlines CEO Robert Isom recently said during the company’s Q1 earnings call: "… As we progress through 2023, what I'm most encouraged about is really when conditions permit, we fly an exceptional airline. We complete nearly every flight. And that bodes well for the summer. I know that there are going to be issues. And you're going to have to stay on top of things. But we've never been more prepared from the perspective of having the right resources in the right place. And that's everything from gates at the station level to pilots, flight attendants, to mechanics. So, we feel really good about where we're heading."
Read the full transcript of the earnings call.
AVELO AIRLINES
Since taking flight two years ago, Avelo has established itself as one of America’s most reliable airlines. In the first quarter of 2023, Avelo achieved the lowest flight cancellation rate and the second best on-time performance in the U.S. airline industry. However, in those very rare instances where a flight is cancelled or significantly delayed for a reason within the airline’s control, we are committed to taking care of our Customers through meal, hotel and transportation reimbursement, as well as airfare refunds when a flight is cancelled. We are proud to already be providing our Customers with the compensation announced by the Biden administration this week.
DELTA AIR LINES
Second only to safety, Delta’s priority is to do right by our customers when delays or cancellations happen. Our focus is on providing industry-leading operational reliability and customer service, which is why our people are empowered to make personalized, real-time decisions to care for, accommodate and compensate customers for inconvenience from delays and cancellations, regardless of the cause.
For more information on Delta’s comprehensive customer commitment please visit: A customer guide to traveling with Delta | Delta News Hub
SOUTHWEST AIRLINES
We understand the importance of assisting our Customers if a flight is significantly delayed or canceled by Southwest. As stated in our Customer Service Plan, we rebook Customers on the next available flight at no additional cost or initiate refunds and reimbursements if requested by Customers whose travel has been disrupted. We’re proud of Southwest’s 52-year record of providing Safe, flexible, and reliable Southwest Hospitality to our Customers.
As for Southwest’s preparations for summer:
We are staffed and look forward to welcoming Customers with our legendary Southwest Hospitality this summer. We’re grateful that Southwest remains an employer of choice, and, in 2023, Southwest has hired more than 4,500 new Employees across our network to serve our Customers. As a note, Southwest was the first U.S. airline to reach pre-pandemic staffing levels in 2022.
As a reminder for summer travelers: Southwest is the only U.S. airline that allows each Customer to check two bags for free as part of our Bags Fly Free offering (size and weight limits apply, of course) – which is especially beneficial for vacation and family travel. Also, we never charge a fee to change or cancel a flight (although fare differences may apply), and flights credits never expire. More benefits of flying Southwest can be found by visiting this link.