Emirates Fined $1.5 Million for Airspace Violation

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The U.S. Transportation Department announced on Thursday it has fined Emirates Airlines $1.5 million for operating flights with JetBlue Airways’ designator code in prohibited airspace. This penalty applies to flights conducted between December 2021 and August 2022, during which Emirates operated numerous flights carrying the JetBlue code between the United Arab Emirates and the United States in airspace restricted by the Federal Aviation Administration (FAA) to U.S. operators.

The FAA had previously issued a consent order in October 2020, fining Emirates for similar violations. The airline was required to pay $200,000 under that order, with an additional $200,000 penalty if it breached the terms within a year. 

Emirates responded by stating that the airline had intended to operate these flights at or above the restricted altitude levels. However, air traffic control (ATC) did not grant clearance to ascend or instructed the flights to operate below the restricted level. An Emirates spokesperson explained, “Our pilots duly followed ATC instructions, a decision which is fully aligned with international aviation regulations for safety reasons.”

The flights in question crossed the Baghdad Flight Information Region below altitudes that the FAA had prohibited for all U.S. air carriers, commercial operators, and code shares without special permission. The code-share agreement between JetBlue and Emirates ended in 2022, and JetBlue declined to comment on the matter.

The Department of Transportation stated that Emirates could face an additional $300,000 fine if it violates these rules again within a year. Emirates has since confirmed that it no longer operates flights with U.S. carrier codes over Iraqi airspace. 

Emirates emphasized its commitment to passenger and crew safety, noting that the flights in question only operated below the restricted level due to direct instructions from air traffic controllers, sometimes to avoid potential collisions. The airline maintained that pilots were legally obligated to follow ATC instructions to ensure safety, and any non-compliance could have significant safety implications.

This incident underscores the complexities and strict regulations of international airspace management, particularly in conflict zones or areas with restricted airspace due to safety concerns. Emirates’ adherence to ATC instructions highlights the airline’s prioritization of safety over regulatory compliance in potentially hazardous situations.