The U.S. Transportation Department has fined Emirates US$1.5 million for operating flights carrying JetBlue Airways' designator code in prohibited airspace.
Between December 2021 and August 2022, Emirates operated numerous flights with the JetBlue Airways code between the United Arab Emirates and the United States in airspace that the Federal Aviation Administration (FAA) has prohibited for U.S. operators. This conduct also violated a consent order issued in October 2020, which had fined Emirates for similar breaches of FAA airspace prohibitions.
Under the 2020 order, Emirates was required to pay US$200,000 immediately and another US$200,000 if it violated the order within a year.
An Emirates spokesperson stated that the airline intended to operate the flights at or above the restricted level but that air traffic control (ATC) either did not grant clearance to ascend or instructed flights to operate below the level during flight.
The department highlighted that the flights in question traversed the Baghdad Flight Information Region below certain altitudes, which the FAA has prohibited for all U.S. air carriers, all U.S. commercial operators, and code shares without special permission. Emirates could face an additional US$300,000 fine if it violates the rules again within a year.
The Emirates spokesperson added that the airline no longer operates flights with U.S. carrier codes over Iraqi airspace. Emirates informed the USDOT that it prioritises the safety of passengers, employees, and other airspace users, and the flights in question operated below the allowed level “as a result of direct instructions from the relevant air traffic controllers” and in some cases to avoid a collision.
Emirates argued that the pilots “were legally obliged to follow the instructions of the relevant air traffic controllers and any failure to comply with such instructions would have had significant safety implications,” according to the department.
