Emirates Airlines clarifies $1.5 million US fine

Inayat-ur-Rahman, Business Editor

“The incidents involved 122 flights operated by Emirates, while carrying a JetBlue marketing code, between December 2021 and August 2022,” said an Emirates spokesperson.

“We have reached a settlement with the US DOT, relating to the alleged breach of Special Federal Aviation Regulations (SFAR) that restricted airlines carrying a US air-carrier code from operating below 32,000 feet while over Iraqi airspace,” the airline spokesperson added.

Emirates clarified it had intended to operate the 122 flights in question at or above 32,000 feet, but the pilots had to descend into the prohibited area due to orders from Air Traffic Control (ATC).

“Our pilots duly followed ATC instructions, a decision which is fully aligned with international aviation regulations for safety reasons. Emirates’ priority is always the safety of our passengers and employees,” the airline’s spokesperson said.

According to Reuters the US Transportation Department said on Thursday it fined Emirates $1.5 million for operating flights carrying JetBlue Airways’ designator code in prohibited airspace.

The department said that between December 2021 and August 2022, Emirates operated a significant number of flights carrying the JetBlue Airways code between the United Arab Emirates and the United States in airspace prohibited by the Federal Aviation Administration to US operators. This conduct also violated a consent order issued in October 2020 fining Emirates for operating other flights in airspace under an FAA prohibition.

Emirates was ordered to pay $200,000 under the 2020 order and another $200,000 if it violated the order within a year.

An Emirates spokesperson said in a statement the airline had intended to operate the flights at or above the restricted level but that in flight, air traffic control did not give clearance to ascend or had instructed flights to operate below the level.

“Our pilots duly followed ATC (air traffic control) instructions, a decision which is fully aligned with international aviation regulations for safety reasons,” it said.

JetBlue, whose code share with Emirates ended in 2022, declined to comment.

The department said flights at issue had traversed the Baghdad Flight Information Region below certain altitudes, which the Federal Aviation Administration has prohibited all US air carriers, all US commercial operators and code shares from operating without special permission. Emirates could face another $300,000 fine if it violates the rules again within a year.