Release #: 23.26
August 24, 2023
ALPA Applauds FAA Action to Examine the Safety Implications of the Public Charter Loophole
WASHINGTON, D.C.—Today, the Federal Aviation Administration (FAA) announced its intent to examine the public charter loophole that airlines, like the proposed SkyWest Charter operation, use to skirt the aviation safety rules that have led to a 99.8 percent reduction in airline passenger fatalities in the United States. Earlier this year, ALPA called on the Department of Transportation (DOT) to reject a proposal from SkyWest to shift its current flying, which operates under Federal Aviation Regulations (FAR) Part 121 with strong safety requirements, to a surrogate airline that it created with the intention of operating the same aircraft with fewer seats under public charter rules with FAR Part 135’s lesser safety regulations, including less experienced and less qualified first officers.
“We are grateful to Secretary Buttigieg, Acting Administrator Trottenberg, and the DOT and FAA teams for upholding the highest standards of aviation safety and security in the world. Today, we are experiencing the safest period in U.S. airline history, and now is not the time to lower those standards,” said ALPA president Capt. Jason Ambrosi. “The FAA’s announcement that it intends to issue a rulemaking to consider removing the loophole is a significant step in the right direction.”
Under FAR Part 135, captains and first officers do not have to meet the same strong standards that we hold pilots to in Part 121 operations including the safety-critical first officer qualification rules that Congress authorized in the Airline Safety and FAA Extension Act of 2010—rules that regional airlines continue to try to weaken. While Part 135 operators have an appropriate role in the national aviation network, the numerous significant aviation safety improvements included in the 2010 bill have helped strengthen pilot training, qualification, and experience requirements for Part 121 pilots. These increased pilot certification requirements have made U.S. skies the safest in the world.
“Some airlines use the public charter loophole to cut costs by skirting lifesaving safety rules, but if they run similar operations as commercial scheduled airlines, then they are not operating as charter, and that’s an issue,” Ambrosi added. “ALPA is committed to ensuring that small communities continue to receive robust air service through strong Essential Air Service reform, but that service should never come at the expense of safety. Closing the public charter loophole would be a step forward for safety that will guarantee one level of safety, so passengers flying into small communities can depend on the same safety and security as passengers flying in Atlanta or New York.”Founded in 1931, ALPA is the largest airline pilot union in the world and represents more than 74,000 pilots at 42 U.S. and Canadian airlines. Visit ALPA.org or follow us on Twitter @ALPAPilots.
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CONTACT: ALPA Media, 703-481-4440 or Media@alpa.org