The Livery of JetBlue Airline. A Private Investment in Which U.S. Government Throws All Diplomatic Supports
Emirate Airways has consented to pay a fine of $1.8m as a settlement for operating JetBlue codeshare flights through UAE airspace, and at a flight level contrary to the letters of the codeshare agreement, jointly signed by Emirates with the Federal Aviation Administration, FAA, of the United States, U.S.
By the subsisting agreement, Emirates was to enjoy the Department of Transportation (DoT) approval to operate codeshare flights with JetBlue, as long as the flights follow FAA’s restrictions, as though Emirates were a U.S.-based airline.
Hence, the Dubai-based Emirates was under compulsion to operate its flights out of UAE at flight level, FL320, or above.
However, according to data presented by FAA; between December 2021 and August 2022, Emirates operated 122 flights through Iraqi airspace below the U.S.-mandatory minimum altitude of FL320.
By the codeshare agreement entered, those 122 flights between the United Arab Emirates and the U.S. were performed by Emirates under JetBlue’s B6 flight designator.
The DOT affirmed thus, “By operating these flights in this manner, Emirates violated the conditions of its authority to operate,” and as such found liable to pay $1.8m as a penalty.
Responding to the charge and the penalty handed down about a fortnight ago, in June 2024, Emirates said the flight levels it operated the said 122 flights were not its own making.
Emirates stated that it planned to operate all the 122 flights at, or above FL320, but it could not secure air traffic control (ATC) clearance for this flight level. All the flight plans submitted by Emirates indicated the agreed flight level, FL320.
The airline further explained that it would have been illegal for its pilots to fly above FL320 in these instances, to unilaterally opt for the flight level without ATC consent would have posed a threat to the safety of other Baghdad’s flight information region (ORBB FIR) users.
Speaking further on the ruling, an Emirates spokesperson enunciated, “While these flights were operating, ATC did not give clearance to ascend to FL320, but had categorically instructed these flights to operate below FL320.”
He however said, “Our pilots duly followed ATC instructions, a decision which fully aligned with the International Civil Aviation Organization’s, ICAO, regulations.”
DoT in reaction to Emirates’ defence countered that “Emirates should have known” after the first few instances that local ATC might direct it to operate below FL320.
It further argued that, by that very fact, Emirates should and could have taken actions to avoid violating the condition of its codeshare statement of authorization but failed to do so,” the DOT said in its ruling.
Explaining the rationale for the fine, DoT in its report said it was for continuous operation below FL320. And not for Emirates’ adherence to ATC once in the air.
On the settlement terms, the DOT therefore ordered Emirates to pay $1.8 million “in compromise of civil penalties.”
The ruling elucidated that, the sum of $1.5 million is payable within 60 days, which will fall due before the end of August 2024. While the remaining $300,000 is payable within one calendar year.
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