There's a little spat brewing in the US Pacific Northwest between two commuter airlines, with one alleging the other is about to start a scheduled interstate passenger despite not having the appropriate US Department of Transportation authority to do so. A long 96-page complaint to the US DOT authored by Mr Hank Myers on behalf of Kenmore Air Harbor outlines a raft of sins apparently committed by Dash Air Shuttle.

Kenmore Air Harbor is not happy with Dash Air Shuttle

Based north of Seattle, Kenmore Air Harbor is deeply unimpressed upstart rival Dash Air Shuttle proposes to begin up to four return flights a day between Port Angeles (CLM) and Seattle (SEA). Dash Air Shuttle is a startup that aims to reconnect Washington State towns within 200 miles of Seattle to SEA, initially using twin-engine Cessna 402C aircraft. Those CLM - SEA flights will start on August 11.

Kenmore Air Harbor is a bigger and more established airline. Kenmore has been around for 25 years, flying scheduled passenger and charter flights around the Pacific Northwest using a 25-strong fleet of seaplanes and conventional turboprops. Kenmore appears unhappy with the new competition and is not afraid to throw some mud at Dash Air Shuttle. In its complaint, Kenmore accuses Dash Air Shuttle of misleading the traveling public, violating US law, and not being a fit and proper airline.

"Air Shuttle is engaging in unfair and deceptive business practices by openly proposing to operate interstate scheduled air service without having been found fit by the Department, in violation of 49 USC 41102 and 14 CFR 201," the complaint reads. "Fitness and certification are primary consumer protection functions of the Department, as well as being specifically required by law. By asserting that it has all necessary government authority, Air Shuttle is misleading the traveling public."

Port Angeles Internationl Airport Terminal Washington State USA
Dash Air Shuttle will start flights between Port Angeles International Airport (pictured) and Seattle on August 11. Photo: Dash Air Shuttle

Is Kenmore Air Harbor clutching at straws?

Dash Air Shuttle may have previously voiced an aspiration to fly interstate air services, but the CLR - SEA route is very much an intrastate route. Like many airline startups, the pandemic disrupted best-laid plans at Dash, causing delays and changes along the way. Kenmore's main beef, acknowledged early in the complaint, is that they "stand to suffer economic and competitive harm from an unfit competitor."

Former Alaska Airlines executive Clint Ostler is the man behind Dash Air Shuttle. His plans for Dash include restoring flights to towns in Washington State and "beyond" after other carriers ended flights. Mr Ostler is using Backcountry Aviation, an Albany, Oregon-based Part 135 airline, to manage the operational side of Dash Air Shuttle flights, including aircraft maintenance and flight operations.

Flights operated by Backcountry Aviation under FAR Part 135 regulations are restricted to intrastate transportation within Washington State. Kenmore's complaint, beyond citing competition, seems to be based on Dash having corporate entities registered outside Washington State and doing business with companies registered outside the state.

"The scheduled service will be operated by a company with its only FAA base of operations in Albany, Oregon. Online sales and reservations are handled via a cloud-based system operated by a company based in Orlando, FL, Darwin Travel Technology," the complaint says.

"There are no geographic limitations on where a reservation and purchase of ticket may be made. Air Shuttle has accepted reservations and sold tickets for travel to persons that were clearly identified as persons residing outside the State of Washington. Furthermore, reservations were made from outside the State of Washington, and tickets were purchased using credit cards issued by banks located outside the State of Washington. All these actions are prima facie proof of engaging in interstate commerce."

Kenmore Air Harbour Turboprop
Under the rhetoric, Kenmore's key complaint is it doesn't want the competition from Dash Air Shuttle. Photo: Kenmore Air Shuttle

Kenmore tells the US DOT what it wants

If you take Kenmore's complaint to its conclusion, Dash Air Shuttle shouldn't be doing any business with anyone living or any business registered outside Washington State. Whether the US DOT buys the argument remains to be seen, but Kenmore is going in hard.

"Kenmore Air Harbour respectfully requests the Department issue an Order to Cease and Desist all operations and practices of an interstate scheduled passenger air carrier. Air Shuttle must cease advertising services or accepting reservations. All currently accepted reservations must be cancelled and refunded. All personal information collected must be purged from its computer records. In addition, the Department should levy a fine for unfair and deceptive business practices."

Dash Air Shuttle says it is aware of the complaint. "We are reviewing with legal counsel," Clint Ostler told Simple Flying. "We look forward to resolving as quickly as possible."