SkyWest charter flights plan faces safety opposition from airline unions
Wrestling with what it says is an ongoing shortage of pilots, a large but little-known airline had an idea: By tearing 20 seats from some of its 50-seat regional jets, maybe it could fly under a less-stringent set of federal safety rules, opening the door to less-experienced or older pilots.
The approach — currently limited to niche players in the aviation industry — could help ensure passengers can reach small airports that receive federal subsidies. The proposal has the backing of communities across the country desperate to maintain jet service they regard as an economic lifeline.
But labor unions, the families of crash victims and a key Senate subcommittee chair have argued in recent weeks the idea amounts to a major carrier seeking to exploit a loophole in aviation regulations and puts safety at risk. Addressing a crowd of aviation industry leaders at a Washington hotel this week, the head of the nation’s largest pilot union said the proposal would roll standards back.
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“One set of rules on a Tuesday, a different and less-safe set on a Wednesday,” said Jason Ambrosi, president of the Air Line Pilots Association. “That’s not how the system is supposed to work.”
The proposal, pitched by SkyWest Airlines, needs approval from the Transportation Department. The application has opened a thorny question: When is an airline not exactly an airline?
Regional airlines like SkyWest have been squeezed since the beginning of the pandemic, pulling back from some markets as they scramble to find qualified pilots. They’re easily overlooked by travelers, often operating under the brands of major carriers, but they play a key role in ferrying air passengers to big hubs. Looking to speed hiring, corporate leaders have been pitching regulators on ways to ease pilot qualification rules clashing with labor unions along the way.
Air service for about a dozen small communities is hanging in the balance.
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Last spring, SkyWest told the Transportation Department that pilot staffing challenges meant the carrier could not continue to serve those markets, then proposed a new charter model — which allows no more than 30 passenger seats on a plane — as an alternative. But with the overarching authorization for the charter operation still pending, the Transportation Department has rejected some of SkyWest’s individual subsidy bids, leaving communities in a bind.
The Transportation Department declined to comment on SkyWest’s proposal.
The issue revolves, in large part, around rules for pilot qualifications. At the junior end of the industry, airline first officers are generally required to have 1,500 hours of flight experience. At the senior end, pilots face mandatory retirement at age 65. SkyWest’s charter operation would not be bound by those rules, allowing it to draw from a reservoir of less-experienced pilots and those who have aged out of airline flight decks but who want to keep flying.
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SkyWest has pushed back against criticism of the plan, blasting opponents as “special interest groups.” The airline says it would initially run the charter operation with two captains at the controls and it would abide by other safety rules that apply to traditional airlines, including fatigue regulations for pilots.
Chip Childs, SkyWest’s chief executive, said the company did not “currently anticipate” recruiting first officers below the 1,500-hour standard, but acknowledged it is interested in recruiting older pilots.
“We’ve openly shared that we are hiring senior, experienced captains,” Childs said through a company spokeswoman. “Indeed, that includes some who may be well qualified, fit, and capable of flying safely beyond age 65.”
The operation would be run by a separate corporate entity called SkyWest Charter, which executives say has Federal Aviation Administration approval. The charter service already has started performing flights for sports teams and business customers.
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If the airline-like service is approved, Childs said it would aim to operate in partnership with major airlines — including under code-share agreements — but he said charter flights would be “clearly identified.”
Ambrosi said prospective passengers wouldn’t know they were boarding a flight operating under a different set of safety rules.
Share this articleShare“They would have no idea,” he said.
The SkyWest application has opened the door to questions about the use of charter flights to provide something akin to airline service.
American Airlines this month asked the Transportation Department to look at the issue. In a letter focused on carrier JSX, which operates routes across the Southwest, American said the charter company has an unfair advantage because it doesn’t use Transportation Security Administration gates.
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“American believes that the ‘scheduled charter’ model as leveraged by JSX degrades our nation’s aviation system and distorts competition,” wrote Molly Wilkinson, American’s vice president for regulatory affairs. “DOT should end this misuse.”
Southwest Airlines said it also has concerns about the practice.
“Southwest supports the position of airline industry pilots, flight attendants, and air traffic controllers who believe that there needs to be one level of safety for anyone flying on a scheduled passenger carrier,” the airline said in a statement.
Ben Kaufman, a spokesman for JSX, said the carrier has operated safely since 2016 and provides needed competition in the industry.
“JSX employs some of the world’s most experienced pilots, including pilots who have flown for US major carriers and former NASA astronauts, and utilizes state-of-the-art safety and TSA-approved security practices and technologies that exceed applicable safety and security regulations in the U.S.,” he said in an email.
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The 1,500-hour rule was instituted after the 2009 crash of a regional plane near Buffalo. The families of the crash victims have been among the rule’s most ardent defenders as it has faced challenges from airlines who argue it is too onerous and has left them struggling to recruit pilots. In September, the FAA rejected a proposal by SkyWest competitor Republic Airways to effectively cut the requirement in half for pilots it put through a special training regimen.
Families of the Buffalo victims wrote to Transportation Secretary Pete Buttigieg this month asking him to reject what they see as the latest assault on the rule.
“We lost our loved ones — children, parents, spouses, siblings and others — because of the gap between the level of safety offered by the major carriers and the regional airlines in 2009,” said Karen Eckert, whose sister Beverly Eckert died in the crash. “We know the consequences of a lower level of safety. It is unbelievable that anyone would consider creating this scenario again.”
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Sen. Tammy Duckworth (D-Ill.), chairwoman of a Senate aviation subcommittee, also wrote to Buttigieg urging him to block SkyWest’s proposal.
Congress will have its own opportunity to weigh in this year as it considers a bill to reauthorize the Federal Aviation Administration. Some lawmakers have called for raising the retirement age for airline pilots to 67. A bill introduced this month would launch a study of the effects of pilot shortages on regional airlines.
For now, some communities say they view SkyWest’s proposal as their best hope of retaining service that appeals to travelers and provides a reliable link to the rest of the national aviation system.
Leaders in Dodge City, Kan., have been particularly vocal, pushing back against a competitor to SkyWest that is pitching a service using propeller-powered aircraft while adhering to the standard airline rules. Nickolaus Hernandez, the city’s manager, wrote to the Transportation Department saying he thought the competing proposal would not be able to find qualified pilots that met the airline regulations “given the massive shortage.”
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“We look forward to many years of reliable regional jet service by SkyWest Charter,” Hernandez wrote.
But not every community served by SkyWest is convinced that charter service is a good substitute. Officials in Scottsbluff, Neb., aren’t worried about the safety implications of the proposal, but question whether charter flights would provide the same links to major airlines. In the meantime, the Transportation Department has ordered SkyWest to continue flying to the airport using its regular airline service.
“If we can’t code-share, my passengers will drive to Denver,” said Raul Aguallo, director of Western Nebraska Regional Airport. “It’s not convenient anymore.”
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