The United States Department of Transportation (DOT) has fined Lufthansa and Swiss International Air Lines (SWISS) a combined $420,000 for violating airspace restrictions under their codeshare agreement with United Airlines. The fines—$220,000 for Lufthansa and $200,000 for SWISS—are a stark reminder of the stringent regulations governing international codeshare flights.
Breach of FAA Restrictions
The violations occurred between March 2022 and April 2024 for Lufthansa and between February 2022 and March 2024 for SWISS. Investigations by the DOT’s Office of Aviation Consumer Protection (OACP) revealed that both airlines operated flights under the United Airlines designator code in airspace prohibited to US carriers by the Federal Aviation Administration (FAA).
The FAA restricts flights over certain regions, such as Iraq and other conflict zones, due to safety concerns or diplomatic considerations. Under codeshare agreements, foreign airlines operating flights under a US carrier’s code must adhere to these prohibitions.
“By operating these flights, Lufthansa and SWISS violated the conditions of their authority to operate and engaged in air transportation without the proper DOT authority,” a DOT spokesperson stated.
Regulatory Context
International airlines operating codeshare flights with US carriers fall under FAA jurisdiction. While the foreign carrier physically operates the flight, the codeshare arrangement effectively places it under US regulatory oversight.
This oversight ensures safety and compliance with FAA restrictions, maintaining the integrity of US airspace operations. Lufthansa and SWISS have been ordered to cease and desist from similar violations, reinforcing the DOT’s commitment to enforcing these regulations.
A Broader Pattern
This year alone, the DOT has imposed $2.9 million in fines on airlines for violating airspace restrictions. Notable cases include Ethiopian Airlines ($425,000), Etihad Airways ($400,000), and Emirates ($1.8 million). Each case underscores the complexities of codeshare operations and the necessity for vigilant compliance.
Industry Implications
The fines serve as a cautionary tale for the aviation industry, highlighting the legal and operational challenges of codeshare agreements. For Lufthansa and SWISS, the penalties underscore the importance of aligning operations with regulatory frameworks, especially in high-stakes international markets.
This incident also draws attention to the broader travel ecosystem, where codeshare agreements blur the lines of operational control. Passengers, while flying on foreign carriers, often remain unaware of the underlying complexities, including FAA-imposed restrictions.
Conclusion
The DOT’s action against Lufthansa and SWISS is a clear signal that violations of FAA airspace restrictions will not be tolerated, regardless of a carrier’s reputation or the scope of its operations. As international aviation becomes increasingly interconnected, the stakes for compliance rise, ensuring safety remains the industry’s top priority.
This case also highlights the vigilance of US authorities in maintaining airspace integrity, a critical factor in global aviation’s continued reliability and safety.
