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LegalApril 29, 202610 min read

FAA Reauthorization Act 2024: What New Passenger Rights Did It Create?

LC

Loren Castillo

Founder, TravelStacks

FAA Reauthorization Act 2024 passenger rights include codified automatic refunds for cancellations and significant delays, new family seating rules, expanded ACAA authority, and several disclosures around fees. The Act was signed in May 2024 alongside the related 14 CFR Part 260 DOT rule. This guide explains what the Act actually changed for passengers and what it did not.

FAA Reauthorization Act 2024 Passenger Rights: What Changed

FAA Reauthorization Act 2024 passenger rights were codified into Public Law 118-63, signed by President Biden on May 16, 2024. The Act renewed FAA funding through 2028 and added significant consumer protection provisions. Most notably, it codified automatic refunds for cancellations and significant delays, which paralleled the 14 CFR Part 260 DOT rule issued shortly after. The Act also created family seating rules, expanded ACAA service animal authority, and added fee disclosure requirements.

The 2024 FAA Reauthorization is the largest legislative passenger rights expansion since the 1986 ACAA. It codified the cash refund right into statute, making it harder for future administrations to roll back via rulemaking.

Cash Refund Codification

  • Automatic refund mandate: codifies the cash refund right for cancellations and significant delays into statute, not just regulation.

  • Original payment method requirement: refund must go to original payment method, not flight credit.

  • Statutory protection: harder for future DOT to weaken via rulemaking.

  • Definitions: significant delay defined as 3+ hours domestic, 6+ hours international.

  • Effective date: rights operationally implemented through 14 CFR Part 260 (effective October 28, 2024).

Family Seating Rules

The Act required DOT to issue rulemaking on family seating, ensuring that children under 13 are seated with at least one accompanying adult without additional fees on standard fare classes.

  • Children under 13 with accompanying adult: seated together at no extra cost.

  • Standard fare class: applies regardless of fare class on most carriers.

  • Carrier compliance: rulemaking is in progress; final rule expected 2025-2026.

  • Existing carriers: most major US carriers already accommodated family seating; the Act formalizes the practice.

Service Animal and ACAA Expansion

  • Service dog protection: reaffirmed that only individually trained dogs qualify as service animals under ACAA.

  • Emotional support animal exclusion: confirmed ESAs are not covered (matches 2021 DOT rule).

  • Wheelchair accommodation: expanded carrier obligations on damaged wheelchairs (improved repair, replacement, compensation).

  • Disability rights enforcement: expanded DOT authority to investigate ACAA violations.

  • Full text framework: see service animal flight disruption: compensation and rebooking rights.

Fee Disclosure Requirements

  • Baggage fee disclosure: clearer disclosure on website at fare comparison stage.

  • Seat selection fees: disclosed in fare display, not buried in checkout.

  • Change and cancellation fees: disclosed prominently.

  • No 'junk fee' restrictions: the Act did not ban specific fees, only required disclosure.

  • Effective date: rulemaking expected 2025-2026.

What the Act Did Not Do

  • Did NOT create EU261-style fixed cash compensation for delays: cash refund only on declined rebookings, not fixed cash on top.

  • Did NOT eliminate carrier exception language in Conditions of Carriage: carriers still try to invoke 'force majeure' on weather; cash refund right unaffected by these claims.

  • Did NOT preempt state contract law: state breach of contract claims remain available in small claims court.

  • Did NOT mandate accommodation amenities: meals, hotel, ground transport during delays remain carrier discretion in the US (EU261 mandates these).

Tarmac Delay Rule and Other 14 CFR Part 259 Provisions

  • 3-hour tarmac delay limit (domestic): passengers must be allowed to deplane after 3 hours.

  • 4-hour international: same framework, longer threshold.

  • Penalty for violation: up to USD 27,500 per passenger per violation.

  • Carrier obligation during delay: water, food, working lavatories, medical attention if requested.

  • Effective date: existing rule maintained, with reaffirmed enforcement under FAA Reauth 2024.

Practical Implications for 2026 Claims

  1. 1

    Cancellation or significant delay: 14 CFR Part 260 cash refund applies. Decline rebooking explicitly.

  2. 2

    Family with children under 13: seated together at no extra cost (subject to 2025-2026 rulemaking finalization).

  3. 3

    Service animal disruption: ACAA enforcement expanded. File DOT complaint at transportation.gov/individuals/aviation-consumer-protection/disability.

  4. 4

    Tarmac delay over 3 hours: deplaning right; carrier penalties apply on violation.

  5. 5

    Fee dispute: disclosure standards clearer; complaints to DOT enforceable.

For the regulation framework, see 14 CFR Part 260: what the automatic refund regulation actually says and DOT consumer protection office: what they can and can't do for you.

Get Your Claim Started With the Updated Framework

The 2024 FAA Reauthorization Act expanded passenger rights at the federal level. Use the delayed flight worth calculator to estimate, see the US DOT passenger rights pillar for the framework, and the EU261 passenger rights pillar for international rights. Start a claim.

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