
JetBlue's Chronic Delays and the Urgent Need for Airline Compensation Regulations in the U.S.
Low cost carrier, JetBlue was recently fined $2 million by the U.S. Department of Transportation for chronically delayed flights. This decision came just a few weeks after the DOT created a rulemaking that, if enacted, would require all airlines to compensate passengers for flight delays that could have been avoided.
The chronic delays caused by JetBlue’s unrealistic scheduling practices shows just how important it is for passengers to have their rights protected by stronger airline regulations.
JetBlue’s chronic flight delays and why they’re illegal
Here’s the backstory:
JetBlue was scheduling flights without enough time to allow for potential problems that can occur.
Between June 2022 and November 2023, JetBlue operated 4 chronically delayed flights at least 145 times, according to the DOT. The Department defines chronic delays as those arriving over 30 minutes late over 50% of the time. In their investigation, the DOT also found that JetBlue was responsible for more than 70% of the 395 delays and cancellations.
So, while bad weather, air traffic control restriction or staff problems, airport issues and other circumstances all contribute to flight delays, airlines are responsible for creating a schedule to allow for these circumstances, should they occur.
Why is this illegal?
JetBlue’s scheduling and chronic delays were illegal because, in the words of Pete Buttigieg, “chronic flight delays make flying unreliable for travelers”. Not only that, but the airline didn’t seem willing to correct the problem even after the DOT gave them a warning and plenty of time to make the necessary adjustments.
Don’t all airlines have flight delays and tight schedules?
It’s true. Every airline in the world faces countless problems that lead to flight disruptions. Some of these issues, like severe weather or air traffic control restrictions, are completely unavoidable, so the airline can’t be held responsible. The difference though, is that other airlines have schedules to allow for these occurrences.
Also, JetBlue’s chronic delays were happening on the same 4 routes, making them obvious and predictable, but they still weren’t addressed. So, this kind of unrealistic scheduling harms passengers because it is misleading and unfair.
The DOT put it like this: DOT rules prohibit airlines from promising unrealistic schedules that do not reflect actual flight departure and arrival times. Unrealistic scheduling is an unfair, deceptive, and anticompetitive practice that disrupts passengers’ travel plans, denies them reliable scheduling information, and allows airlines to unfairly capture business from competitors by misleading consumers. Chronically delaying a flight for more than four consecutive months is one form of unrealistic scheduling.
Passengers who were affected by these flight disruptions will actually get $1 million of JetBlue’s penalty payment distributed among them, and that brings us to the next point.
Passenger Rights in Europe
Way back in 2004, the European Union created a set of air passenger rights regulations known as EU261. These rules force airlines to provide cash compensation to passengers for 3+ hour delays when the airline is responsible.
A 2023 study found that since EU261, flights in Europe are 5% more likely to arrive on time. It’s a small percentage, but the regulations have created a shift. Moreover, when passengers do have delays and cancellations, they are guaranteed food and drink vouchers in the airport and overnight accommodation for overnight delays, all in addition to the potential for as much as $680 (600 EUR) per passenger in cash payouts.
Compensation Rights for Passengers in the United States
When an airline like JetBlue continues to have repeated flight disruptions that are within their control, it makes you wonder why they do it, or why they didn’t do more to minimize the underlying problems.
In December 2024, the DOT issued a rulemaking that, if enacted, would require airlines to pay passengers at least $200 for lengthy delays. The exact amounts and delay times havn’t been decided, but the premise of this rule could mean a more fair and (potentially) on-time experience for passengers.
A rule like this makes you wonder: If it had already been enacted, would JetBlue have allowed the same routes to be chronically delayed for so many months? And would they have been so lax in making changes after the DOT issued a warning?
The DOT’s $2 million fine is groundbreaking, especially because half of it would compensate JetBlue passengers. So, maybe it’s time for the United States to step up, and if the rulemaking does go into effect, then it might mean fewer fines for airlines and more rights for US passengers.
If your flight was delayed, canceled or overbooked within the last 3 years, you could be eligible for up to $650 in compensation.Check Your Flight
No feedback
Leave your feedback
Flight Compensation Calculator:
Check if you are entitled to flight delay compensation in just 3 minutes.