The U.S. Department of Transportation (USDOT) has fined Etihad Airways and Ethiopian Airlines $400,000 and $425,000 respectively for violating Federal Aviation Administration (FAA) airspace restrictions.
The fines on Ethiopian Airlines and Ethiopian Airlines are due to the unauthorized flights using U.S. carrier designator codes in restricted airspace between 2020 and 2023.
U.S. Department of Transportation press release read as,
The U.S. Department of Transportation (DOT) today fined Ethiopian Airlines $425,000 for operating flights carrying United Airlines’ designator code and Etihad Airways $400,000 for operating flights carrying JetBlue Airways’ designator code in regions in which a Federal Aviation Administration (FAA) flight prohibition was in effect for U.S. operators. The airlines were ordered to cease and desist from future similar violations.
Ethiopian Airlines operated flights using United Airlines’ code between Ethiopia and Djibouti, violating FAA rules that prohibit U.S. carriers from operating in this airspace. Despite written warnings from OACP in 2022, the violations continued until December of the same year.
The press release read as,
"An investigation by the Department’s Office of Aviation Consumer Protection (OACP) revealed that between February 2020, and December 2022, Ethiopian Airlines operated a significant number of flights carrying the United Airlines code between Ethiopia and Djibouti in airspace prohibited by the FAA to U.S. operators."
"One of those prohibited flights took place after OACP issued an investigation letter to Ethiopian Airlines regarding this issue. By operating these flights in this manner, Ethiopian Airlines violated the conditions of its authority to operate and engaged in air transportation without the proper DOT authority."
For the case of Etihad Airways, it used JetBlue’s designator code for flights between the United Arab Emirates and the U.S. from August 2022 to April 2023, breaching FAA restrictions. The carrier continued operations despite repeated notifications from USDOT.
"A separate OACP investigation revealed that between August 2022 and September 2022, Etihad Airways operated numerous flights carrying the JetBlue Airways code between the United Arab Emirates and the United States in airspace prohibited by the FAA to U.S. operators."
" Further, although OACP notified Etihad Airways of the problematic conduct in September 2022 and November 2022, OACP learned that between January 2023 and April 2023, Etihad Airways operated several additional flights carrying the JetBlue Airways code between the United Arab Emirates and the United States in airspace prohibited by the FAA to U.S. operators."
"By operating these flights in this manner, Etihad Airways violated the conditions of its authority to operate and engaged in air transportation without the proper DOT authority. "
The USDOT emphasized the seriousness of these violations, noting that unauthorized operations in restricted airspace pose significant safety and regulatory risks. Both airlines were found to lack the necessary DOT authorization to operate these flights, which violated the conditions of their operating licenses.
Consent orders, those are available at www.regulations.gov, docket number DOT-OST-2024-0001, enforce the fines, those are part of the DOT’s broader effort to enforce compliance with U.S. airspace regulations among foreign carriers. The department has warned that repeated violations could result in harsher penalties and further legal action.
“This action underscores our commitment to ensuring that international carriers adhere to the same safety and operational standards as U.S. airlines,” the DOT stated in its release.
In January 2023, the U.S. Department of Transportation (DOT) has fined Virgin Atlantic $1.05 million for operating flights carrying Delta Air Lines’ code (DL) in regions in which a Federal Aviation Administration (FAA) flight prohibition was in effect. The airline was ordered to cease and desist from future similar violations.
The investigation by the Department’s Office of Aviation Consumer Protection revealed that between September 16, 2020 and September 16, 2021, Virgin Atlantic operated a significant number of flights carrying the DL code over restricted airspace in Iraq , Baghdad FIR (ORBB) at altitudes below FL320 , while an FAA Notice to Air Missions (NOTAM) was in effect.
That time, Virgin Atlantic stated that it accepts responsibility for its inadvertent failure to abide by the Department’s regulations and requirements but that any penalty imposed should be significantly mitigated given the circumstances.
The FAA has been strict on carriers, and prohibited U.S. carriers from flying over high-risk areas, including conflict zones and regions with undefined air traffic control systems, citing security concerns.
The USDOT’s enforcement actions here highlights the importance of adhering to laid down regulations, especially for non-U.S. carriers operating in geopolitically sensitive airspace.
Strict compliance with airspace restrictions is essential for aviation safety, safeguarding both passengers and crews, reminding all carriers of the serious consequences of regulatory violations, emphasized the USDOT.
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