US DOT fines Frontier Airlines $650,000 for "chronically delayed flights"

The United States Department of Transportation ( DOT ) has fined Frontier Airlines an initial $325,000, with the fine potentially going up to $650,000, for chronic flight delays on three routes in 2022 and 2023.

In a statement, the DOT’s Office of Aviation Consumer Protection (OACP) said that it determined that Frontier Airlines held out three chronically delayed flights at least 63 times between August 2022 and April 2023, violating the US Code (USC) and the Code of Federal Regulations (CFR).

As such, the OACP ordered Frontier Airlines to cease and desist from similar violations in the future and to pay an initial fine of $325,000. $162,500 has to be paid within 60 days of the date of the order, while Frontier Airlines will have to empty its pockets and pay the same sum within 12 months of the initial payment.

If, within three years, Frontier Airlines continues to delay flights chronically or fails to comply with the order’s payment provisions, in which case the entire unpaid amount shall become due and payable immediately, the airline will have to pay another $325,000, totaling $650,000.

The Office warned that the company could be subject to further enforcement action for failing to comply with this order.

The Department’s order notice outlined that the airline decided to resolve the matter without any admission of liability to avoid additional expenses, burden, and distraction of further litigation.

“Frontier emphasizes that in so doing, it is not conceding the DOT’s statement of applicable law or recitation of facts and conclusions.”

Furthermore, the OACP concluded that the compromise assessment was appropriate, served the public interest, established a strong deterrent to future similar unlawful practices by Frontier Airlines and other airlines, and took into account the company’s recent financial results.

The OACP detailed that it has regularly observed data from the DOT’s Bureau of Transportation Statistics (BTS) and uncovered from April 2022 to August 2022, Frontier Airlines operated a chronically delayed flight between St. Thomas Cyril E. King Airport (STT) and Orlando International Airport (MCO).

Between December 1, 2022, and April 30, 2023, Frontier Airlines also marketed two chronically delayed itineraries, from Hartsfield-Jackson Atlanta International Airport (ATL) to Pheonix Sky Harbor International Airport (PHX) and from Orlando to Houston George Bush Intercontinental Airport (IAH).

“The BTS data that OACP used to monitor Frontier’s operations revealed that Frontier was primarily responsible for the three chronically delayed flights. Regardless of the cause of the delay (carrier, weather, national airspace, security), it is a violation to hold out a chronically delayed flight.”

The OACTP added that Frontier Airlines held these chronically delayed flights open to the public at least 63 times, violating specific sections of the USC and CFR. By doing so, it failed to consider customers’ need to have reliable information about the actual arrival time of a flight, harming thousands of passengers, including those who had connecting flights.

“We also note that Frontier had ample opportunity (four months) to act to correct the chronic delays and avoid being subject to civil penalties […] by revising its schedule to prevent a fifth consecutive month of delay.”

In response, Frontier Airlines said it takes regulatory compliance very seriously and strives to operate its flights on time.

The carrier noted that many of the delayed flights were due to factors outside of its control, such as weather or National Airspace System (NAS) delays, adding that many itineraries missed the 30-minute ‘on-time’ benchmark by a couple of minutes.

“For example, with respect to Flight 131 from STT to MCO, Frontier explains that numerous unexpected changes in wind direction complicated by unscheduled airport construction during summer 2023 resulted in departures often being changed from runway 28 to runway 10, resulting in significant weight restrictions due to the terrain and obstacles near the departure end of that runway.”

As a result, Frontier Airlines had to stop for fuel at San Juan Luis Munoz Marin International Airport (SJU), delaying the flight’s arrival in Orlando. However, according to the carrier, this prevented passengers from being deplaned.

The airline pointed out that very few passengers complained about delays on any of the flights, and very few travelers connected with further itineraries when they landed in Phoenix or Houston.

Data from the aviation analytics company Cirium's Diio Mi airline planning system showed that Frontier Airlines stopped serving the St. Thomas to Orlando route in August 2022 but has continued to offer flights from Atlanta to Phoenix and from Orlando to Houston until at least August. As of the date of publication, the airline has not filed its schedules beyond that month.

“Frontier states that it was proactive in its efforts to resolve the alleged chronic delays for these three flights, as it significantly re-timed or discontinued these flights before receiving the DOT’s inquiries requesting information about the alleged chronic delays of these flights.”

The DOT also fined JetBlue and sued Southwest Airlines for the same reason. On January 3, it announced that the former carrier would have to pay $2 million, equally split between the US Treasury and affected passengers.

According to the Department, JetBlue operated four chronically delayed flights at least 145 times between June 2022 and November 2023, with each flight being delayed for five straight months in a row, sometimes even more.

On January 15, the DOT sued Southwest Airlines . It alleged that the low-cost carrier operated two chronically delayed flights, resulting in 180 flight disruptions from April 2022 to August 2022. The dates coincide with Frontier Airlines’ chronically delayed itineraries between St. Thomas and Orlando.