The Federal Aviation Administration plans to impose stricter safety requirements on publicly-owned charter airlines such as Dallas-based JSX, a move that would close what critics call a loophole in U.S. aviation regulations.
The FAA said in a statement on Monday that the new regulations are aimed at ensuring that public charter flights, which operate essentially like regular commercial airlines, adhere to the same safety rules. The JSX has been marketed as the “ultimate travel hack” because it allows passengers to avoid airport crowds and security lines.
“When an airline effectively operates as a scheduled airline, the FAA must determine whether those operations should be subject to the same rigorous rules as scheduled airlines,” FAA Administrator Mike Whitaker said in a statement.
The growing popularity of operations like JSX has divided the industry over whether they pose safety and security risks. Critics say JSX and similar operators are exploiting loopholes in current regulations that allow them to operate scheduled flights like major airlines under looser standards intended to regulate private charter operations.
The measures announced Monday come after regulators solicited input on potential rule changes in August, receiving some 60,000 comments from other airlines, unions, airports, cities and travelers.
Public charter airlines such as JSX operate scheduled flights from small private terminals and carry up to 30 passengers per flight, but are not subject to regulations requiring pilots to have at least 1,500 flying hours or to retire at 65.
JSX passengers also do not have to go through security screening like commercial airline passengers. JSX does check bags for explosives and passengers go through weapons detectors, but there are no Transportation Security Administration agents present like commercial airlines.
“As the nation’s largest public charter airline, JSX has modeled the future of safe, secure and reliable regional operations,” JSX said in a statement. “We look forward to working with regulators to solidify the importance of public charter and expand access to vital aviation connections in the future.”
JSX launched a public relations campaign accusing critics American Airlines Group Inc. and Southwest Airlines of pressuring the government to destroy its business model and deny the flying public more choice.
The two major airlines deny any anti-competitive motives, saying they are simply seeking uniform standards among public air operators that operate scheduled routes.
The FAA and TSA began considering whether to revise standards for public charter flights last year after the FAA said the rapid expansion of public charter flights “poses increasing safety risks if left unchecked.”
The FAA said it plans to issue new rules “expeditiously” and will seek comment on an effective date that would allow enough time for the industry to adapt.
Alison Versprille and Mary Schlangenstein contributed to Bloomberg
