Tarmac Delays and Airline Passenger Rights

Airline passengers who haven't experienced it firsthand have heard the horror stories. A plane has taxied away from the gate, but hasn't been cleared for takeoff—or the aircraft has landed but hasn't yet reached the terminal—and bad weather, a mechanical issue, or some arcane airline regulation keeps the flight parked on the tarmac for hours.

Lengthy tarmac delays, defined as three hours for domestic flights and four hours for international flights, are becoming more frequent. These delays often involve shortages of food, water, fresh air, and adequate toilet facilities, not to mention the dwindling patience of the passengers and flight crew.

Rules from the U.S. Department of Transportation aim to provide some relief from tarmac delays and protect passengers' rights. The regulations set limits on the amount of time airlines can keep passengers on board a delayed flight, and spell out what airlines must provide within two hours of a tarmac delay to make passengers as comfortable as possible. Hefty fines are imposed on airlines that don't comply.

Passenger Rights and Tarmac Delay Rules

U.S. Department of Transportation regulations protect air passengers' rights during tarmac delays. Here are some highlights:

• Airlines must return planes to the gate and let passengers off before a flight is sitting on the tarmac for three hours (domestic flights) or four hours (international flights). The same goes for flights that land at U.S. airports. Airlines must give passengers the opportunity to get off the airplane before three hours (domestic flights) and four hours (international flights).
• At U.S. airports, airlines must provide passengers with adequate food and water within the first two hours of any tarmac delay. But airlines don't have to give you a full meal. A snack, such as a granola bar, meets this requirement.
• Adequate toilet facilities must be maintained and made available to passengers during the delay. Also, the cabin temperature must be comfortable and medical assistance must be available.
• Carriers must update passengers on the status of delays every 30 minutes.
• Airlines must post and maintain tarmac delay contingency plans on their websites. (14 C.F.R. § 259.1 and following (2025).)

Not surprisingly, there are exceptions to these requirements. Most notably, the three- or four-hour deplaning rule won't be enforced when passenger safety and security are at risk, or if the plane's return to the gate would cause a major disruption of airport operations. Also, if an airline allows you to get off the airplane during a tarmac delay, it isn't required to let you back on. You might have to find another flight on your own.

Penalties for Airlines That Break Tarmac Delay Rules

Airlines that defy the tarmac delay rules can face significant fines (many thousands of dollars) for each passenger on board the affected flight, potentially costing an airline millions in fines for a single flight. (49 U.S.C. § 46301 (2025).) The potential for that kind of financial hit is probably enough to get the attention of even the largest airline.

Critics of the tarmac delay rules warn that airlines are likely to cancel flights rather than risk incurring large fines resulting from delays. There is also the fear that airlines will pass on to consumers (via higher ticket prices) any increased costs, such as fines or higher operating expenses, resulting from the rules.

Proponents of the regulations say it's high time air travelers are treated less like cargo and more like people and that airlines stop over-scheduling flights, especially on routes that are chronically delayed.

Taking Action on Tarmac Delays

If you were on board a flight that got stranded on the tarmac, and you think the airline didn't live up to its obligations under the tarmac delay rules, make your voice heard. Call the airline or check their website for information on filing a formal complaint. You could also file a complaint with the U.S. Department of Transportation and the Better Business Bureau. Depending on the circumstances, you might also be able to seek recourse through small claims court.

Automatic Refunds and Rules to Protect Passengers From Junk Fees

Learn More About Your Rights

To learn more about the federal tarmac delay rules, check out these FAQs on the U.S. Department of Transportation's official website. For more information about when you're entitled to a refund for a purchased airline ticket or other related services, like baggage fees, go to the Department of Transportation's "Refunds" website.