US regulators fine Ethiopian Airlines for airspace violations

In a statement on December 12, the US Department of Transport (USDOT), said it had fined the 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 Federal Aviation Administration (FAA) flight prohibition orders were in effect for US operators.

The USDOT routinely issues restrictions barring US registered commercial airlines from operating in airspace deemed unsafe for a variety of reasons including but not, limited to armed conflict, unregulated airspace areas where its forces are in active combat abroad. The restrictions can apply to a particular geographical area or specific flight levels within a designated zone.

For instance, in October, the USDOT and the European Union Aviation Agency (Easa) issued separate restrictions stopping their airlines from operating in Iranian airspace. This was after Iran launched retaliatory air strikes against Israel.

Easa’s restriction issued on October 2, 2024 was to be in force until October 31; while the US extended existing restrictions on Iranian airspace to October 31, 2027.

By flying while using US flight codes, Ethiopian and Etihad technically became US operators and were automatically bound by the restrictions in the same manner as they would have applied to original owners of the codes.  

It is a normal practice for airlines to operate some flight sectors using their codeshare partners, if the flight in question was originally assigned to the other partner.

The USDOT says that the airlines were ordered to cease and desist from future similar violations.  

“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 US 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.”  

In the Etihad case, an investigation by the OACP found that the Abu Dhabi-based national carrier of the United Arab Emirates, had between August and September 2022, operated several flights carrying the JetBlue Airways code between the United Arab Emirates and the United States in airspace prohibited by the FAA to US operators.

Although Etihad was alerted to the violations in September and November 2022, the USDOT says the violations were repeated between January and April 2023.

The USDOT says that “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 fines slapped on Ethiopian and Etihad are part of a large crackdown on foreign carriers that deviate from US airspace rules.

Other culprits include Air Canada which in September 2024, was fined $250,000 for operating in Iraqi airspace while flying on a codeshare with United Airlines, and Emirates which was fined $1.5 million earlier this year for incursions into restricted flight levels over Baghdad while frying on JetBlue code between December 2021 and August 2022.

Emirates said its pilots had been forced to descend into the banned flight levels because of bad weather at the assigned altitudes.