Previous Rule Compensated Air Passengers Hundreds Of Dollars For Flight Delays Outside Of Their Control
Recent Government Shutdown Has Exasperated Flight Delays Across The US

(ROCHESTER, NY) - Today, NYS Senator Jeremy Cooney (D-Rochester) called on U.S. Department of Transportation (USDOT) Secretary Sean Duffy to reconsider a recent decision to withdraw a policy that required airlines to compensate passengers for flight delays that were within the airline’s control. USDOT announced in September that they would be removing this mandate, a decision that places a larger financial burden on New Yorkers and all Americans. 

“Reimbursing passengers for delays is pro-customer,” said Senator Jeremy Cooney. “For a family visiting loved ones, workers traveling for their job, or someone trying to take a holiday vacation, flight delays can cause enormous, unexpected costs. At a time when New Yorkers are struggling to make ends meet, it’s common-sense that we should be working towards policies that make our nation more affordable, not those that add unnecessary strain for factors outside a passenger’s control.”

The government shutdown caused substantial delays and cancellations nationwide. From Sunday, November 9th to Wednesday, November 12th, over 26,000 flights were delayed and 7,500 cancelled. 

The previous rule to compensate passengers was implemented during the Biden Administration. Airlines had been previously required to refund passengers for canceled flights, but not for flight delays. The rule required that airlines pay between $200-$775 depending on the length and severity of the flight delay, given that the delay was caused by the carrier itself. 

A full copy of Senator Cooney’s letter to USDOT can be found below: 

Dear Secretary Duffy:

Re: Preserve Mandatory Compensation Protections for Air Travelers – Proposed Rollback Undermines Consumer Rights

I write to you as chairman of the New York State Senate Transportation Committee, deeply concerned about the recent decision by the U.S. Department of Transportation (USDOT) to withdraw rulemaking that would require airlines to provide compensation, including cash payments, for flight delays and cancellations within the airline’s control.

The USDOT has rescinded the proposed regulation that would have mandated cash payments ranging from approximately $200 to $775 (tiered by delay duration) as well as provisions for meals, lodging, and rebooking when disruptions were due to carrier responsibility. This rollback marks a setback for consumer protections and aligns with broader deregulatory efforts that deprioritize passenger rights.

From the vantage point of travelers, many of whom rely on air travel for family and essential commitments, this proposed rule was both consumer-friendly and practical. Compensation would have provided peace of mind, reduced administrative burdens on both passengers and carriers, and introduced a clear incentive for airlines to invest in operational reliability. This issue is especially urgent now, as we emerge from a period marked by widespread cancellations and delays stemming from the recent federal shutdown, and with the busy holiday travel season fast approaching. Travelers stranded for hours, especially those without resources for meals or lodging, deserve equitable recourse when delays are not their fault. Moreover, this proposal brings U.S. policy closer to standards established in other jurisdictions. Countries like Canada, Brazil, the United Kingdom, and the European Union mandate cash compensation and care for airline-caused delays.

I respectfully urge USDOT to reconsider and reinstate the rulemaking process for compensation tied to airline delays; including cash payments within the proposed tiers and requirements for meals, lodging, and rebooking. I encourage USDOT to engage with consumer stakeholders, including state transportation leadership, to assess the real-world benefits such compensation rules can offer. I stand ready to support efforts that safeguard traveler rights and promote fair, resilient air travel infrastructure—particularly here in New York, where millions depend on reliable air service.

Thank you for your attention to this pressing issue. I look forward to a thoughtful review of these consumer protections and stand by to assist in constructive dialogue.

Sincerely,

Jeremy A. Cooney

Chairman, NYS Senate Transportation Committee

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