The U.S. Department of Transportation (DOT) has levied significant financial penalties against Ethiopian Airlines and Etihad Airways for operating flights in violation of Federal Aviation Administration (FAA) restrictions.
Ethiopian Airlines was fined $425,000 for using United Airlines’ designator code, while Etihad Airways received a $400,000 fine for utilizing JetBlue Airways’ code in prohibited regions.
The violations were discovered during an investigation by the DOT’s Office of Aviation Consumer Protection (OACP). Investigations found that both airlines had operated flights in airspace restricted by the FAA to US carriers.
Why were the Fines Imposed?
Codeshare Agreements: Both airlines had codeshare agreements with US carriers (United Airlines and JetBlue Airways, respectively). This means they were allowed to sell seats on each other’s flights and use each other’s flight codes.
Notably, under this codesharing agreement, foreign carriers must comply with certain FAA requirements applicable to US carriers.
FAA Restrictions: The FAA imposes restrictions on certain airspace, particularly in regions with ongoing conflicts or instability. These restrictions are designed to protect US carriers and their passengers from potential risks.
Violation of Codeshare Agreement: By operating flights in restricted airspace using the codes of US carriers, Ethiopian Airlines and Etihad Airways violated the terms of their codeshare agreements. They were essentially operating flights on behalf of a US carrier, but breaching requirements applicable to a US airline.
USDOT Jurisdiction: As the regulatory body overseeing US aviation, the USDOT has the authority to enforce compliance with US aviation regulations. These include those related to codeshare agreements and airspace restrictions.
In essence, the fines were levied because the airlines misused the privileges granted to them under the codeshare agreements by operating in restricted airspace. This arguably puts the safety and security of passengers at risk.
DOT Investigation Findings
The DOT’s Office of Aviation Consumer Protection (OACP) conducted thorough investigations that uncovered multiple instances of unauthorized flight operations.
The OACP investigators uncovered that Ethiopian Airlines operated numerous flights between Ethiopia and Djibouti. The airline conducted these flights using United Airlines’ code during a period from February 2020 to December 2022.
Notably, these flights continued even after the OACP issued an initial investigation letter, demonstrating a clear violation of operating regulations.
The investigation into Etihad Airways revealed a similar pattern of misconduct. Between August and September 2022, the airline operated multiple flights between the United Arab Emirates and the United States. These flights used JetBlue Airways’ designator code in airspace prohibited to U.S. operators.
Despite receiving formal notifications from OACP in September and November 2022, Etihad Airways continued these unauthorized operations. It then operated additional flights between January and April 2023.
Summary
The DOT investigators found that both airlines violated the conditions of their operational authority. They had effectively engaged in air transportation without proper DOT authorization.
As a result of these findings, the DOT has not only imposed substantial financial penalties. It has also ordered both Ethiopian Airlines and Etihad Airways to cease and desist from similar future violations.
These enforcement actions underscore the DOT’s commitment to maintaining strict compliance with aviation regulations and ensuring the safety and integrity of international air travel.
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