What to Do When Air Traffic Control Delays Hit Airports

27.07.2023 - 18:10 / smartertravel.com

On the 35th day of the U.S. partial government shutdown, the Federal Aviation Administration (FAA) announced a staff shortage in air traffic controllers and that flights to at least one airport were halted, causing delays. Flights through La Guardia, Newark, and Philadelphia airports were the first to be affected, around the same time that the FAA announced the sick outs.

“We have experienced a slight increase in sick leave at two facilities,” the FAA said in a tweet. “We are mitigating the impact by augmenting staffing, rerouting traffic, and increasing spacing between aircraft when needed.”

Flights were temporarily stopped at La Guardia before resuming, according to NBC News, but travel delays are expected continue as the FAA makes changes to air traffic control efforts. “The public can monitor air traffic at fly.faa.gov and they should check with airlines for more information,” the FAA said.

The first sign of shutdown-induced air traffic control issues came after TSA worker shortages caused security delays, and served as a turning point as federal employees worked without pay. Air traffic control delays mark a big change in how much a government shutdown affects ordinary travelers.

While flyers are ordinarily entitled to compensation as part of their government mandated air passenger rights (see our Air Passenger Rights Guide for details) when a lengthy delay or cancellation occurs, experts say air traffic control staffing shortages constitute “extraordinary circumstances,” under which you might not be entitled to any refund.

That’s according to AirHelp, the online service that files compensation claims on behalf of air passengers when their flights are canceled or significantly delayed.

“Traditionally, passengers on flights eligible under EC 261—which includes flights departing from the EU and flights to the EU on EU airlines—would be eligible for compensation of up to $700 due to lengthy delays or cancellations,” Henrik Zillmer, CEO of AirHelp says.

“However, because EC 261 does not cover disruptions caused by extraordinary circumstances, such as concerns over security, adverse weather conditions, and more, passengers are not eligible to claim compensation from the airline, if the disruption was caused by factors that fall into this category.”

Under normal circumstances the airline has a responsibility to make sure flights run smoothly and, if they don’t, to compensate flyers significantly affected by cancellations or long delays. But the safety need for air traffic control to