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Earlier this month, I wrote about the Department of Transportation (DOT) hitting JetBlue with a first-of-its-kind fine for chronic flight delays caused by unrealistic scheduling. The $2 million penalty made JetBlue the only carrier to date to be fined for delays. That distinction did not last long as the DOT has now fined Frontier Airlines $650,000 and filed a lawsuit against Southwest Airlines.
Frontier Airlines is the second US carrier to be fined. In this case, a $650,000 penalty was levied over three consistently delayed flights in 2022 and 2023. These include flight F9 131 from St. Thomas’ Cyril E. King Airport (STT) to Orlando International Airport (MCO), which had to make refueling stops at San Juan’s Luis Muñoz Marín International Airport (SJU) due to weight restrictions.
The other two routes were Hartsfield-Jackson Atlanta International Airport (ATL) to Phoenix Sky Harbor International Airport (PHX) and Orlando International Airport (MCO) to Houston’s George Bush Intercontinental Airport (IAH) even though Frontier argued that it proactively adjusted schedules. The DOT did not agree and imposed the fine. Half of it must be paid within 12 months and the other $325,000 will only be payable if Frontier is found guilty of operating any other chronically delayed flights. This will go away if the airlines does not have any violations over a course of three years.
Southwest Airlines is also in hot water. The Department of Transportation (DOT) filed a lawsuit against the carrier today. It accuses Southwest of “illegally operating multiple chronically delayed flights.” The lawsuit alleges that Southwest flew two routes that were delayed a total of 180 times between April and August 2022. The routes in question are Chicago Midway International Airport (MDW) to Oakland International Airport (OAK) and Baltimore/Washington International Thurgood Marshall Airport (BWI) to Cleveland Hopkins International Airport (CLE). Southwest was responsible for more than 90% of the delays on these routes as they were unrelated to weather.
Transportation Secretary, Pete Buttigieg, said in a statement:
Airlines have a legal obligation to ensure that their flight schedules provide travelers with realistic departure and arrival times. Today’s action sends a message to all airlines that the Department is prepared to go to court in order to enforce passenger protections.”
The DOT is not playing around. It found that JetBlue’s flights consistently arrived more than 30 minutes late over several consecutive months. JetBlue operated four routes that were delayed at least 145 times between June 2022 and November 2023. These routes included: New York John F Kennedy International Airport (JFK) to/from Raleigh-Durham International Airport (RDU) as well as Fort Lauderdale-Hollywood International Airport (FLL) to/from Orlando International Airport (MCO), Bradley International Airport (BDL), and New York John F Kennedy International Airport (JFK). The Bureau of Transportation Statistics estimates that JetBlue was responsible for over 70% of the disruptions for the four chronically delayed routes. Regardless of the cause of the disruptions, DOT rules allow airlines time to fix their schedules after a flight becomes chronically delayed to avoid illegal unrealistic scheduling. With these four routes, JetBlue failed to do so.
JetBlue’s fine includes $1 million that will be paid to the US Treasury and $1 million that will be used to compensate passengers. They will receive $75 or more if they experience future delays of three hours or more within the next year.
Anthony’s Take: It’s unknown why the DOT fined JetBlue and Frontier, but it’s suing Southwest. We’ll see how this all plays out and if the agency takes aim at American, Delta, Spirit, or United in the future.
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