The US Department of Transportation (DOT) has fined Emirates a hefty US$1.8 million for violating airspace restrictions over Iraq. This penalty stems from Emirates operating flights below the federally mandated altitude of 32,000 feet in Iraqi airspace on numerous codeshare flights with JetBlue Airways between December 2021 and August 2022.
The Federal Aviation Administration (FAA) enforces this altitude restriction due to safety concerns in Iraqi airspace. Importantly, this rule applies not just to US airlines but also to flights operated by foreign airlines that US carriers codeshare on. Codesharing allows airlines to collaborate by placing their code on another airline’s flight, essentially offering a combined travel option to passengers.
While Emirates may not have deliberately violated the rules, the airline’s explanation paints a complex picture. Flight plans for these codeshare flights were filed to adhere to the 32,000-foot minimum altitude. However, Emirates claims that air traffic control instructions necessitated descents below the mandated level on several occasions. It remains unclear whether Emirates pilots were unaware of the restriction or if these descents were unavoidable due to air traffic control directives.
This is not Emirates’ first brush with US regulatory violations involving codeshare flights. In 2020, the DOT fined the airline US$400,000 for breaching airspace restrictions over Iran while codesharing with another US carrier.
The incident highlights the complexities of codeshare agreements and the potential for regulatory challenges. Passengers might book a JetBlue-codeshared flight from Dubai to the US, unaware they’re actually flying on an Emirates aircraft. However, under US regulations, such a codeshare flight is subject to the same restrictions as a US airline’s own operation.
The distinction becomes further muddied when compared to interline agreements, where multiple airlines appear on a single ticket but with their respective flight numbers. These agreements are not subject to the same regulatory restrictions as codeshares.
The situation becomes even more intricate with airspace restrictions like the one imposed on Russia. While Qatar Airways, for example, can utilize Russian airspace on its own flights, this privilege is revoked for codeshare flights with US airlines. This explains why Qatar Airways might codeshare with American Airlines on flights to the US East Coast (where Russian airspace isn’t used) but not on West Coast routes.
The Emirates case raises questions about the practicality of such regulations. Passengers can book an award flight on Qatar Airways from Doha to Los Angeles through American’s website, which is permitted to use Russian airspace. However, the same route booked as a codeshare flight on American’s website would be prohibited from using that airspace.
The FAA’s fine serves as a reminder for airlines to be acutely aware of US regulations, particularly when operating codeshare flights. It also underlines the need for clearer guidelines and potentially a more streamlined approach to airspace restrictions in an increasingly interconnected aviation landscape.