In a significant enforcement action, the U.S. Department of Transportation (DOT) has imposed fines on two major European airlines, Lufthansa and Swiss, for violating regulations regarding airspace over Baghdad, Iraq. The violations occurred during the operation of United Airlines codeshare flights, leading to the imposition of penalties amounting to $220,000 for Lufthansa and $200,000 for Swiss.
The violations stem from a restriction imposed by the Federal Aviation Administration (FAA), which prohibits airlines, including foreign carriers operating codeshare flights with U.S. airlines, from flying below 32,000 feet when passing through Baghdad airspace. This regulation, which was extended most recently in October 2020, was put in place due to security concerns in the region.
The DOT’s December 30 order revealed that Lufthansa’s violations took place between March 2022 and April 2024, while Swiss committed violations between February 2022 and March 2024. The airlines admitted to operating in the restricted airspace below the mandated altitude, but both companies argued that they had filed flight plans that complied with the FAA’s regulations. Unfortunately, due to restrictions imposed by local air traffic controllers, they were unable to obtain the necessary clearance to maintain the required altitude in the tightly regulated air corridors over Baghdad.
Both airlines maintained that safety was not compromised during these violations, stating that the crews had acted with the utmost caution and followed alternative procedures to ensure the safe operation of the flights. Additionally, the airlines have pledged to implement enhanced procedures aimed at improving pilot awareness and ensuring strict compliance with the FAA’s regulations in the future.
One of the more noteworthy aspects of this fine is the DOT’s decision to offer some leniency to both Lufthansa and Swiss. The order stipulates that half of the fines can be forgiven if both airlines demonstrate compliance with FAA regulations over the next year. This is seen as a step toward encouraging greater adherence to airspace restrictions while balancing the airlines’ efforts to rectify the violations.
This enforcement action brings the total number of fines imposed by the DOT in 2024 to six, reflecting the agency’s ongoing vigilance in ensuring that foreign airlines comply with U.S. aviation laws. Earlier in the year, the DOT also levied significant fines against other international carriers for similar violations. These included a $1.8 million fine against Emirates, $400,000 against Etihad, and $250,000 against Air Canada for flying too low over Baghdad. Ethiopian Airlines was also fined $425,000 for violations related to flying over Somalia.
The DOT’s consistent approach in penalizing foreign airlines for airspace violations serves as a reminder of the importance of adhering to aviation regulations, particularly in regions with heightened security concerns. It also underscores the need for continuous collaboration between international carriers, regulatory bodies, and local air traffic control to ensure safe and compliant air travel. The fines are a clear signal to all airlines operating in U.S. airspace that failure to comply with these regulations will result in significant financial penalties, potentially damaging their reputations and business operations.
For Lufthansa and Swiss, the road to compliance will now involve a renewed focus on improving their operational procedures, training their staff more rigorously, and working to avoid further violations of FAA regulations. The forgiveness of part of the fines, contingent on their future conduct, serves as both a penalty and a warning to take these regulations seriously.
