The US Department of Transportation has issued a combined $425,000 in fines to Air France and KLM for operating flights below the mandated altitude over Iraq. The penalties stem from violations of Federal Aviation Administration (FAA) restrictions that prohibit flights under 32,000 feet in the Baghdad Flight Information Region due to ongoing security concerns.
Although Air France and KLM are European carriers, the fines were levied because the flights in question carried Delta Air Lines designator codes. Under US regulations, foreign airlines operating with a US airline code must adhere to FAA safety directives, including airspace prohibitions. The Office of Aviation Consumer Protection (OACP) conducted an investigation that revealed both carriers operated numerous flights in violation of these rules between January 2022 and May 2025.
Delta Codeshare Flight Violations
The investigation identified that Air France operated more than 30 flights with a Delta codeshare, while KLM flew more than 100 such flights in the prohibited airspace. A codeshare agreement allows one airline to sell tickets for a flight operated by another carrier using its own flight number. In this case, Delta marketed the services, but the physical aircraft and crew belonged to Air France or KLM.
Delta Air Lines itself did not operate the flights that triggered the fines. However, the US government maintains that the use of a US designator code binds the foreign operator to US safety regulations. Transportation Secretary Sean P. Duffy emphasized the strict enforcement of these rules, stating that compliance is mandatory for any airline flying under a US code.
The fines break down to $105,000 for Air France and $320,000 for KLM. A portion of the total penalty, $265,000, is due within 60 days. The remaining $160,000 will only be payable if either airline commits a similar violation within the next year. This structure allows the carriers to avoid the final portion of the fine by demonstrating continued compliance.
Dispute Over Air Traffic Control Instructions
Both airlines have disputed the allegations, arguing that they did not intentionally violate the altitude restrictions. Their defense centers on instructions received from air traffic controllers, who directed the aircraft to fly below the 32,000-foot threshold. The central legal question involves whether carriers should be penalized for following ATC commands that conflict with FAA prohibitions.
The restriction, codified under 14 CFR 91.1605, was extended in 2022 to minimize risks associated with militant activity and wider security requirements in the region. It applies to US carriers and foreign operators using US designator codes. The regulation remains in effect today, and the DOT has made it clear that safety rules are not optional, regardless of the operating carrier’s nationality.
Both Air France and KLM have stated to the US DOT that they take regulatory compliance seriously and did not deliberately ignore the restrictions. The case highlights the complex regulatory environment for international airlines operating codeshare agreements in conflict zones. The fines serve as a warning to other carriers that US safety standards apply to any flight marketed under a US airline code.
Source: Simple Flying
