DOT ISSUES $1.8 MILLION DOLLAR PENALTY AGAINST EMIRATES
July 10, 2024
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On June 13, 2024, DOT announced that it will be fining Emirates $1.8 million dollars for violating its operational authority by carrying the B6* designator code of JetBlue airways on flights operated by Emirates between the United Arab Emirates and the U.S. Specifically, Emirates allegedly conducted a “significant number” of flights carrying the code of a U.S. carrier within airspace prohibited by the FAA. This airspace in particular (the Baghdad flight information region) is prohibited because the FAA has determined that there is a risk “posed by weapons capable of targeting, or otherwise negatively affecting, U.S. civil aviation, as well as other hazards to U.S. civil aviation associated with fighting, extremist or militant activity, or heightened tensions.” The terms of Emirates’ foreign air carrier permit and the statement of authorization permitting the codeshare arrangement with JetBlue prohibit Emirates from circumventing FAA restrictions of this nature.
This is not the first time Emirates has been penalized for carrying the code of a U.S. partner in prohibited airspace. In 2020, the Department issued a cease-and-desist order (Order 2020-9-29) against Emirates for operating flights within prohibited airspace while carrying a U.S. code. In its defense, Emirates stated that it was required to use the prohibited airspace as it was only following the directions of local air traffic control. The Department was not persuaded, and determined that a fine was appropriate, in part because of the violation of the previously issued cease and desist.
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