Biden administration proposes mandatory free family seating on flights

Research

Gary Leff Chief Financial Officer | View from the Wing

By Sky Industry News

Aug 1, 2024

The Biden administration is initiating a rulemaking process to mandate that airlines seat families with children aged 13 and under together for free. While airlines generally already do this under pressure from earlier in the administration, the Department of Transportation (DOT) has a dashboard showing compliance as part of airline customer service plans, making it enforceable. American Airlines followed United's lead on this matter, and other carriers have since conformed.

The proposed rule would alter penalties and procedures related to family seating. Specifically, airlines would be required to seat parents next to children aged 13 or under within 48 hours of booking. This seating arrangement must be in the same row without separation by an aisle and applies across all classes of service, including first class. Basic economy cannot be defined as a separate class consisting only of middle seats. If adjacent seating in the same row is unavailable, seats across the aisle or directly in front or behind a parent are considered compliant. Should these arrangements be impossible, airlines must offer refunds or free rebooking options based on customer preference. Additionally, airlines will need to clearly disclose this right to family seating.

This new rule could challenge Southwest Airlines' current open seating policy, potentially leading the airline to abandon its concept.

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A year and a half ago, Secretary Buttigieg requested Congress pass legislation requiring family seating, suggesting uncertainty about his authority to implement such a rule independently. A federal appeals court recently issued an injunction indicating that DOT may have exceeded its legal authority concerning how airline fees are displayed when ticket prices are quoted.

Previously, the Biden administration proposed initiating a rule requiring airlines to compensate passengers for delays and cancellations but did not issue a Notice of Proposed Rulemaking for it. The timing of the family seating proposal suggests it may serve more as a political maneuver targeting middle-class voters ahead of elections rather than an imminent policy change. By delaying until late in the current Presidential term, it positions Vice President Kamala Harris's election as crucial for its enactment.

Airlines generally prefer families sit together as it allows parents to supervise their children and keeps unrelated passengers undisturbed by other people's kids. This improves cabin experience without significant financial loss for airlines and reduces complexity at gates during boarding when families seek assistance with reseating—contributing positively to on-time departures.

The primary obstacle has been technological investment needed for assignable seats when young children are booked with adults or programming automatic seat assignments accordingly.