DOT ADJUSTS CIVIL PENALTY AMOUNTS FOR 2025
January 31, 2025
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As calendar year 2024 concluded, the U.S. Department of Transportation (“DOT”) increased civil penalty amounts for 2025. Adjustments to civil penalty amounts are statutorily prescribed and are revised periodically to deter regulatory violations. Please note that revised civil penalty amounts apply prospectively, and only future violations are subject to recently adjusted amounts. DOT’s maximum civil penalty amount for violations of most aviation statutes, including 49 U.S.C. § 41712 (“Section 41712”) which prohibits among other things carriers from engaging in unfair and deceptive trade practices, was significantly increased from $41,577 per violation to $75,000 per violation. This particular statute is cited when an airline violates regulations such as DOT’s consumer protection rules, the tarmac delay rule, the new refund rule, etc. Violations can be calculated on a per passenger or per day basis, depending on the nature and extent of the alleged violation. Under the former administration, DOT was extremely aggressive in enforcing compliance by U.S. and foreign air carriers, especially for disability-related violations, refunds, and flight delays, having issued more than $64,000,000 in civil penalties last year. At this point it is unknown whether these trends will continue during the Trump administration.
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