FAA fines Air France and KLM for violating Iraq altitude restriction
The US Department of Transportation has fined Air France and KLM a combined $425,000 for operating more than 130 Delta Air Lines codeshare flights below 32,000 feet in Iraq's Baghdad Flight Information Region between 2022 and 2025.
The US Federal Aviation Administration has fined Air France and KLM for operating flights below 32,000 feet in Iraq's Baghdad Flight Information Region.
An FAA order in place for over six years prohibits all US carriers and commercial operators from flying below 32,000 feet in that airspace. The rule, based on 14 CFR 91.1605, is due to conflict, armed activity, and regional tensions. It applies to foreign airlines operating flights under the codes of US carriers like Delta. The restriction was extended in 2022 and remains in effect until at least October 2027.
Penalty structure
The US Department of Transportation imposed a total penalty of $425,000. The fines were issued by the department's Office of Aviation Consumer Protection. The penalty is structured to require an immediate payment with a portion suspended.
| Airline | Fine Amount | Portion Due in 60 Days | Suspended Portion |
|---|---|---|---|
| Air France | $105,000 | Included in total | Included in total |
| KLM | $320,000 | Included in total | Included in total |
| Combined Total | $425,000 | $265,000 | $160,000 |
The airlines must pay $265,000 within 60 days. The remaining $160,000 is suspended, but will become due if either carrier commits a similar violation within the next year.
Airlines' defense
Air France and KLM did not immediately comment on the specific fines. Both airlines, however, argued that the altitude deviations resulted from following air traffic controller instructions. They claimed that on some flights, local controllers instructed them to descend or refused a climb due to conflicting traffic.
The carriers contended these flights should qualify for an emergency exemption. They stated that refusing such air traffic control instructions could have had serious safety implications. Both airlines said they are fully committed to adhering to regulatory requirements and took the issue extremely seriously. They asserted they did not deliberately ignore the restrictions.
Delta Air Lines, whose code was on the flights, declined to comment on the matter. US Transportation Secretary Sean P. Duffy stated that passenger safety is most important and compliance with such restrictions is not optional. The penalties add to previous enforcement actions involving foreign airlines and restricted airspace over Iraq.
The airlines must pay $265,000 of the $425,000 penalty within 60 days, with the remaining $160,000 suspended if no further violations occur within one year.
