Tired of delayed flights? New flying law offers refunds, keeps families together.

This summer, 271 million Americans are expected to trade a seat at the dining room table for a cushioned one 31,000 feet high. Already the travel season is off to a big start, with Memorial Day weekend expected to see airlines 9% busier than in 2019.

The airline industry is on a hiring spree to staff planes and ensure smoother flights due to an anticipated 6.3% increase in air travelers from last summer. 

But major airlines are also investing in public relations. Between a door falling off a Boeing Alaska Airlines jet and an increase in near-miss crashes because of short staffing at control towers, many would-be passengers are concerned, although a majority still trust air travel safety. 

During the pandemic, the government bailed out airlines – which then raised prices faster than overall inflation and increased fees. Consumer advocates hope a new law will help restore balance. The Federal Aviation Administration Reauthorization Act, which President Biden signed last week, passed Congress with bipartisan support. The law aims to make flying less of a burden, with new consumer protections. 

Here’s what American passengers can expect as they jet off for future travel. Don’t expect to fully see the changes until holiday travel 2024 though, as airlines adjust. 

How will the law address flight delays and cancellations?

One of the main issues affecting flight delays and cancellations is staffing. During the pandemic, airlines initially used layoffs, furloughs, and buyouts to reduce staff – and then had a difficult time hiring when travel bounced back. 

Under the new law, the FAA must hire more employees and give more breaks between shifts to retain burned-out workers in air traffic control and crew positions. 

Another change is that airlines must now offer refunds or book passengers on the next comparable flight at no extra cost if flights are significantly delayed or changed. Last year, 20% of flights were delayed and nearly 2% canceled, according to the Department of Transportation. 

Travelers can expect more accountability from airlines, says John Breyault, a vice president at the National Consumers League. He expects passengers will receive more than smartphone notifications to better communicate the status of delayed and canceled flights and appropriate refund options. The law also allows the FAA to increase civil penalties levied against airlines for misleading passengers.

Damian Dovarganes/AP/File

Gwendolyn Johnston holds up her daughter while waiting to rebook a canceled flight at Los Angeles International Airport, Los Angeles, California, on Dec. 27, 2022.

How will the law help families with children?

There are some fees that families with kids know all too well, like the extra charges that come with parents asking airlines to be seated beside their child. 

The law prohibits airlines from charging fees for children under 13 to sit with an accompanying adult. That’s a shift airlines had to be forced to make, says William J. McGee, a senior fellow for Aviation and Travel at the American Economic Liberties Project.

He recalls one mother telling him “we mostly depend on the kindness of strangers,” during a survey on how parents navigate airline travel. 

Under the new law, customers will also gain more time to use their airfare credits. Airline vouchers for canceled or delayed flights will expire in five years as opposed to just one. 

“When an airline canceled your flight or delayed it, they would offer you vouchers that would expire in as little as a year. Considering that most consumers only fly about once a year, that is of very limited usefulness,” says Mr. Breyault. The change to vouchers that expire in no less than five years is “a big win for consumers,” he adds.

How does the new law ensure safer flights?

The new aviation law requires breaks for air traffic controllers between shifts and directs the FAA to increase air traffic controller hiring, important steps to ensure safer flights. There were 10 near-miss runway collisions from late 2022 to early 2023, according to a National Airspace System safety review report. 

The law also creates a new assistant secretary in aviation safety. That individual will be tasked with increasing the inspection of airplanes before takeoff. A door that fell off an Alaska Airlines jet in January jumpstarted the FAA’s investigation into Spirit and Boeing, which found unsafe planes in use with faulty equipment. With an infusion of $105 billion to the FAA, the hope is that more inspections can occur and result in safer flights.

Additionally, the FAA has to come up with a new evacuation procedure with modern guidelines, says Mr. McGee. “That’s something that’s long overdue and very welcome. The modeling previously did not include people with disabilities or small children.”

What didn’t make it into the law?

Efforts to standardize legroom and seat size didn’t make it into the final bill, to the chagrin of some consumer advocates.

An attempt to grant state attorneys general powers to enforce more airline regulations also didn’t end up in the final bill after industry objections, says Mr. Breyault. 

“We thought there should be more watchdogs in there given the sheer size of the airline industry and how many passengers fly,” he says.  

The Biden administration is seeking to crack down on more of what it calls “junk fees” through separate Department of Transportation rules announced prior to the FAA reauthorization.

In April, the administration announced a rule requiring airlines to make their price quotes transparent about all fees, including for baggage or canceling or changing a flight. This month, several major U.S. airlines sued to block the new rule, saying airlines already share those fees and consumers will now be “inundated with information that will only serve to complicate the buying process.”