Virgin Atlantic has been fined $1.05 million by the US Department of Transportation (USDOT) for repeatedly violating Iraqi flyover restrictions in 2020 and 2021.

Docket details

In a filing by the USDOT, the governing body confirmed that the London-based carrier had entered restricted airspace on several occasions between September 2020 and 2021 while using Delta Air Lines’ code on flights between the UK and India.

While other governments permitted air travel at high altitudes during the period, the US Federal Aviation Administration (FAA) barred overflight in the Baghdad Flight Information Region (FIR) in March 2020 due to heightened militia activities and increased tensions in the country. As Virgin Atlantic was operating with a US-based carrier’s code, it was required to obtain approval from the FAA before flights.

The USDOT informed Virgin Atlantic of the violation in September 2021, slapping the carrier with a cease and desist order to prevent future violations. The airline swiftly adjusted its flight paths to avoid the restricted airspace. Following an investigation, the USDOT ruled that the carrier would be required to pay a $1.05 million fine, half of which ($525,000) would be waived if it avoids a repeat of the violation for a year.

Virgin Atlantic Airbus 330 fleet at Terminal 2, Manchester Airport
Photo: Bradley Caslin / Shutterstock

In its response to the USDOT, Virgin Atlantic accepted responsibility for its failure to adhere to the FAA’s regulations, citing operational disruption and crew shortages during the COVID-19 pandemic causing the inadvertent overflights. The carrier stated that it believed the penalty should be mitigated given the circumstances but agreed to pay the settlement to avoid further litigation.

Within the USDOT's ruling, the carrier clarified,

“Virgin Atlantic states that it takes seriously its responsibility to comply with all Department regulations and requirements in its operating permits, including the requirement not to operate flights carrying a U.S. carrier’s designator code that enter, depart, or transit the airspace of any area for whose airspace the FAA has issued a flight prohibition for U.S. civil aviation.

“Virgin Atlantic states that it has historically complied with this requirement, that it has a strong safety record and a robust culture of regulatory compliance, and that it is an industry leader in aviation security around the world.”

Virgin Atlantic Boeing 787-9 Dreamliner G-VCRU
Photo: Vincenzo Pace | Simple Flying

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Similar incidents

In 2020, Emirates found itself in hot water with the USDOT for codesharing with JetBlue on flights that passed over Iran between July 1 and July 19, 2019. The Dubai-based carrier was fined $400,000 for operating in Tehran’s FIR shortly after the FAA issued a NOTAM barring US carriers from the country’s airspace due to increased military activities and political tension around the Persian Gulf and Gulf of Oman.

While Emirates had adhered to the order, following the resumption of flights in the region, the airline had inadvertently retained JetBlue’s code due to “internal oversight.” Emirates agreed to pay the penalty, though it did not believe it should be fined over a mistake. Like Virgin Atlantic, the airline’s fee was significantly reduced for complying with the FAA’s regulations.

What are your thoughts on the USDOT fining Virgin Atlantic? Let us know in the comments.

Sources: Reuters, ch-aviation

  • Virgin Atlantic Airbus A350-1041 (2)
    Virgin Atlantic
    IATA/ICAO Code:
    VS/VIR
    Airline Type:
    Full Service Carrier
    Hub(s):
    London Heathrow Airport
    Year Founded:
    1984
    CEO:
    Shai Weiss
    Country:
    United Kingdom