US fines Air France, KLM over flights in prohibited Iraqi airspace

The US transportation department (USDOT) said Friday it was fining Air France and KLM a total of US$425,000 for operating dozens of flights in Iraqi airspace below a minimum altitude intended to protect them from threats from the ground.

The Federal Aviation Administration prohibits flight operations by US operators in foreign-managed airspace where conflict, militant activity, or heightened tensions can threaten the safety of flights. Foreign airlines operating flights with a US airline’s code must abide by these prohibitions, and KLM and Air France both operate flights with Delta codes.

An FAA order in place for more than six years bars flights over Iraq at altitudes below 32,000 feet.

Air France operated more than 30 flights and KLM more than 100 flights carrying the Delta code through FAA-prohibited airspace over Iraq between early 2022 and 2025, USDOT said.

USDOT said the airlines must pay US$265,000 of the US$425,000 within 60 days and the remainder of the fines will be payable if there are any other violations within one year.

The airlines did not immediately comment but Air France and KLM told USDOT they were fully committed to adhering to regulatory requirements at all times and took the issue extremely seriously.

Both airlines said that due to conflicting traffic, local air traffic controllers had directly instructed their flight crews to descend or refused to allow them to ascend.

Both said they believe the flights should have fallen under the “emergency situations” exemption given the safety implications of refusing an air traffic control order.