Airlines in the U.S. are facing government rules that will limit ground delays to 3 hours before passengers must be given the option to de-plane. Some airlines are already prepared for what they warn will be unintended consequences. Others are asking for an exemption from the rule or a delay in its implementation.

The U.S. Department of Transportation (DOT) gave airlines four months to prepare for changes to the way long domestic flight delays are handled. Most notably, passengers must be given the option to return to the gate and leave the aircraft after 3 hours of sitting on the tarmac. There are exceptions that leave much of the decision to the captain, including an imminent departure, air traffic control operational disruptions and safety. Under the new rules, airlines face a fine of up to US$27,500 per passenger. The airlines and their trade associations have warned that the rules will lead to "unintended consequences" such as more cancellations. Some airlines specifically asked for exemptions from the rule because major operations at airports such as New York's JFK Airport have been hampered by runway closures and construction. The DOT denied all requests for exemptions and airlines have publicly stated that they will comply with the rules.

Both Continental Airlines and US Airways – operators of major east-coast hubs plagued by congestion – have prepared for the changes by preemptively canceling flights before facing long ground delays. Some airlines have included "delay policies" for such events in advance of the ruling but after 29 April, all must comply with the 3-hour limit.

In addition to the 3-hour tarmac delay limit, the DOT rule also:

• Prohibits airlines from scheduling chronically delayed flights, subjecting those who do to DOT enforcement action for unfair and deceptive practices;
• Requires airlines to designate an airline employee to monitor the effects of flight delays and cancellations, respond in a timely and substantive fashion to consumer complaints and provide information to consumers on where to file complaints;
• Requires airlines to display on their website flight delay information for each domestic flight they operate;
• Requires airlines to adopt customer service plans and audit their own compliance with their plans; and
• Prohibits airlines from retroactively applying material changes to their contracts of carriage that could have a negative impact on consumers who already have purchased tickets.

IAPA supports the DOT rules though the Association is not confident the 3-hour limit will be universally effective given the varying airport sizes and facilities. IAPA, along with other industry stakeholders, was instrumental in making recommendations to the DOT to strengthen passenger protections during long ground delays. IAPA is also endorsing the following rules under consideration: a requirement that airlines submit to the Department for review and approval their contingency plans for lengthy tarmac delays; reporting of additional tarmac delay data; disclosure of baggage fees; and strengthening requirements that airline ads disclose the full fare consumers must pay for tickets.