Proposed U.S. rule would ban airlines from charging parents additional fees to sit with their children

The U.S. Department of Transportation is proposing a new rule that would ban airlines from charging parents more to sit with their young children.

Under the proposal, released Thursday, U.S. and foreign carriers would be required to seat children ages 13 or younger next to a parent or accompanying adult for free.

If adjacent seats aren’t available when a parent books a flight, airlines would be required to let families choose between a full refund or waiting to see if a seat opens up. If seats don’t become available before other passengers begin boarding, airlines must give families the option to rebook for free on the next flight with available adjacent seating.

The Biden administration estimates the rule could save a family of four as much as US$200 in seat fees for a round trip.

“Flying with children is already complicated enough without having to worry about that,” U.S. Transportation Secretary Pete Buttigieg said.

Airlines for America, a trade association representing the industry, said in a statement that airlines already make an effort to accommodate families.

“Each carrier has established individual policies, and all make every effort to ensure families sit together,” the group said in a statement.

But Buttigieg said only four airlines — Alaska, American, Frontier and JetBlue — already guarantee that children ages 13 and under can sit next to an accompanying adult for free.

Congress authorized the Department of Transportation to propose a rule banning family seating fees as part of the Federal Aviation Administration Reauthorization Act, which President Joe Biden signed in May.

The legislation also raises penalties for airlines that violate consumer laws and requires the Transportation Department to publish a “dashboard” so consumers can compare seat sizes on different airlines.

The department will take comments on the proposed family seating rule for the next 60 days before it crafts a final rule.

Airlines have been pushing back against the Biden administration’s campaign to eliminate what it calls ” junk fees.”

In April, the administration issued final rules requiring airlines to automatically issue cash refunds for cancelled or delayed flights and to be more upfront in disclosing the fees they charge for baggage or cancellations.

Airlines sued to block the fee rule and earlier this week, a three-judge panel on the 5th U.S. Circuit Court of Appeals temporarily stopped it from taking effect, ruling that it “likely exceeds” the agency’s authority. The judges granted a request by airlines to halt the rule while their lawsuit plays out.

Asked whether the family seating rule could face the same fate, Buttigieg noted that the Transportation Department also has the backing of Congress, which authorized the rule.

“Any rule we put forward, we are confident it is well-founded in our authorities,” Buttigieg said during a conference call to discuss the family seating rule.

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This story was first published on Aug. 1, 2024. It was updated on Aug. 2, 2024 to correct the U.S. Department of Transportation rule that airlines challenged in court. It was over the disclosure of feeds, not customer refunds.