DOT is more concerned with financial condition than filing status. If I'm not mistaken, Berry has DOT and he's private. DOT just wants to keep their nose clean just in case safety becomes an issue due to finances. Also the workload and reliability of flights. As long as they feel they aren't approving some potentially unsafe and unreliable carrier I don't see why they won't get it. Avstar already proved they can make the flights over and beyond, unintentionally or intentionally. Same thing Yellow Air Taxi did. They got smacked with a similar fine just before they got DOT approval. I don't think its fair that they limit charters the way they do. Govt likes to control competition to protect the larger carriers bottom line. But now that they are all taking big hits and themselves backing away from these flights just may sway DOT to restore more reliable scheduled flights by approving company's like Avstar to fill the voids.
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