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U.S. News
11 December 2025

DOT Rules Airlines Not Liable For Recall Delays

A sweeping Department of Transportation decision means U.S. airlines are not required to compensate passengers for delays or cancellations caused by emergency safety recalls like the recent Airbus A320 grounding.

Travelers hoping for compensation after their Thanksgiving holiday plans were thrown into chaos by a global Airbus recall are out of luck, according to a recent ruling by the U.S. Department of Transportation (DOT). In a move that’s left many passengers fuming and industry observers scratching their heads, the DOT has clarified that airlines are not required to provide hotel rooms, meals, or even rebooking for those stranded by safety-related aircraft groundings. The decision follows an unprecedented recall of nearly 6,000 Airbus A320-family planes worldwide at the end of November 2025, after a software glitch—dubbed the ‘Icarus bug’—was found to be vulnerable to intense solar radiation.

On November 28, 2025, Airbus issued a mandatory safety notice to all operators of its A320-family aircraft, warning that “intense solar radiation” could corrupt critical data used by flight control systems. According to Reuters, the only fix was to roll back the affected software to a previous, thoroughly tested version—a process that required grounding planes while engineers uploaded the patch. The result? Hundreds of flights delayed or canceled right at the peak of the holiday travel season, with most carriers scrambling to complete the update by December 1, 2025.

The mass disruption left passengers across the United States and around the world stranded in airports, often with little information and even less support. Many expected that the DOT would require airlines to honor their own customer service pledges—commitments that typically include free hotel accommodation for overnight delays, meal vouchers for waits exceeding three hours, and rebooking at no extra charge. After all, as reported by Paddle Your Own Kanoo, all ten of the largest U.S. airlines currently promise free rebooking for controllable delays, and all but Frontier offer hotel stays for overnight holds.

But the DOT’s answer, delivered in early December 2025 after airlines pressed the agency for clarification, was unequivocal. In a Notice of Enforcement Discretion, the department stated: “This notice announces that as a matter of enforcement discretion, OACP will not treat cancellations or lengthy delays resulting from unscheduled maintenance in response to an airworthiness directive that cannot be deferred or must be addressed before a flight to be due to circumstances within airline control for the purposes of these types of airlines customer service commitments.” In plain English? If a plane is grounded because of a mandatory safety fix, the airline is off the hook for compensation.

The DOT’s rationale hinges on the idea of “control.” U.S. airlines get to choose their own customer service commitments, and the DOT can fine them if they break these promises—usually counting a violation for each affected passenger. However, these commitments only apply to delays or cancellations within the airline’s control. The department’s new guidance, as reported by both Reuters and Paddle Your Own Kanoo, makes clear that emergency airworthiness directives—like the one issued for the Airbus ‘Icarus bug’—are out of the airlines’ hands, and so are the obligations to stranded flyers.

For many, this ruling feels like a bitter pill. After all, the recall grounded thousands of planes and left untold numbers of travelers in the lurch. And while the DOT’s notice is technically “guidance and is not meant to bind the airlines in any way,” it effectively gives carriers a free pass to refuse accommodation or meal vouchers in the case of future mass recalls or similar emergencies. The department did note that some airlines may still choose to offer such services voluntarily, but there’s no legal requirement for them to do so.

The timing of the decision is also notable. The ruling comes just weeks after the Trump administration formally abandoned a proposed Biden-era rule that would have required airlines to pay customers a set amount for delays of at least three hours. That regulation, which was never enacted, would have set a national standard for compensation—something many consumer advocates have long called for. As it stands, U.S. airlines continue to offer compensation at their own discretion, with no federal mandate to do so except in cases of “controllable” delays.

Meanwhile, the DOT’s move stands in stark contrast to the approach taken across the Atlantic. Under Europe’s EC261 regulations, airlines are legally required to provide hotel accommodation, meals, transport to and from the hotel, and even a free phone call for passengers caught up in mass disruptions—no matter the cause. Whether it’s severe weather, a volcanic eruption, terrorism, or a mandatory safety recall, European travelers can count on ironclad guarantees. As Paddle Your Own Kanoo points out, “These rules apply regardless of the reason for the disruption.”

The DOT’s decision to issue the Notice of Enforcement Discretion specifically in response to the Airbus A320 recall means the ruling applies to any similar future event involving an emergency airworthiness directive. The department has said the notice will remain in effect while it works on broader rulemaking to define exactly what counts as a “controllable” airline delay. For now, though, passengers can expect little recourse if their flight is grounded by a sudden safety order.

Industry insiders note that the ‘Icarus bug’ was no small matter. The faulty software update left the affected cockpit computer system prone to interference from solar flares, potentially jeopardizing flight safety. The only safe solution was to revert to a tried-and-tested version, but doing so required urgent, unscheduled maintenance that could not be deferred. The DOT’s Office of Aviation Consumer Protection reviewed its enforcement powers in light of the crisis and ultimately sided with the airlines.

While some carriers may continue to provide goodwill gestures, such as hotel rooms or meal vouchers, the DOT’s stance means they do so at their own discretion. For travelers, the message is clear: in the event of a mass aircraft recall or emergency safety directive, don’t count on federal rules to guarantee you a bed or a hot meal.

As the dust settles from the Thanksgiving travel debacle, the DOT’s ruling is sure to fuel ongoing debate about passenger rights and airline accountability. With the department now working on new rules to define what falls within an airline’s control, the next chapter in this saga is far from written. For now, those caught up in the Airbus A320 recall are left with little more than frustration—and perhaps a newfound appreciation for Europe’s passenger protections.