DOT ISSUES CONSENT ORDER AGAINST VIRGIN ATLANTIC FOR OPERATING FLIGHTS IN PROHIBITED AIRSPACE
February 15, 2023
On January 17, 2023, DOT issued a Consent Order against Virgin Atlantic Airways Limited (“Virgin Atlantic”) for allegedly operating unauthorized foreign air transportation, assessing a civil penalty of $1,050,000.
DOT alleged that between September 2020 and September 2021, Virgin Atlantic operated a significant number of flights carrying Delta’s DL* designator code between the U.K. and India through airspace in the Baghdad Flight Information Region (“FIR”) that FAA had prohibited U.S. operators and airmen from flying in or through due to increased militia activity and tensions in Iraq. DOT reasoned that because the flights carried the DL code, the FAA’s prohibitions were applicable, meaning Virgin Atlantic had operated the flights in violation of the conditions of its statement of authorization for the codeshare. In its response to the allegations, Virgin Atlantic stated that it takes seriously its responsibility to comply with DOT regulations, that it operated the prohibited overflights inadvertently due to operational disruptions and loss of personnel due to the COVID-19 pandemic, and that it immediately rerouted the flights once DOT notified it of the issue, but nevertheless, DOT concluded that enforcement action was warranted to deter future noncompliance.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com 202-659-6622) or Drew Derco (dderco@eckertseamans.com 202-659-6665).
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