Expert: D. Norkus - 12/17/2003

Question
Dear Ms Norkus,...I believe I have submitted a question within a week ago,but haven't received a reply,...I'm in the Substance-Abuse Treatment field,and would hope you can settle a bet reguarding Alcohol and the FAA Regulations,example:A pilot that is invited to a wedding,has alittle too much to drink,and while driving his automobile home,is pulled-over and receives a Driving Under the Influence,or DUI,will this affect his pilots license?I know if a Class A CDL MotorVehicle license holder was driving his/her regular car,...the intoxicated level would be .08(some states are.10)But the same person behind the wheel of a Tractor-Trailer,according to the DOT regulations,has big trouble with a .04,...Does the FAA regulations still apply,if the licensed pilot,is driving a car?,...Thanks in advance,...NJThom

Answer
NJ Thom

I haven't recieved any questions about this topic lately. I had a two day trip and this is the first question I have gotten since I left Thurs morning to fly. At any rate....

It CAN affect ones job. If a pilot gets a DUI, it is mandatory to report it to the FAA within 30 days. If any suspention or certificate revokation is taken against the airman by the FAA, then it will adversely affect his employment. If a suspension is handed down, then they must disclose that to their employer which could have ramifications of disciplinary action or dismissal depending on the airline. If the airman certificate is revoked, the pilots career is over. One of the requirements of the Airline Transport Pilot (ATP) rating is that the airman be "of good moral character" and an airline may see a DUI as not fullfilling that.

Title 14 of the Code of Federal Regulations, Federal Aviation Regulations Part 63.12  "Offenses involving alcohol or drugs" states:

(a) A conviction for the violation of any Federal or state statute relating to the growing, processing, manufacture, sale, disposition, possession, transportation, or importation of narcotic drugs, marihuana, or depressant or stimulant drugs or substances is grounds for --

(1) Denial of an application for any certificate or rating issued under this part for a period of up to 1 year after the date of final conviction; or

(2) Suspension or revocation of any certificate or rating issued under this part.

(b) The commission of an act prohibited by §  91.17(a) or §  91.19(a) of this chapter is grounds for --

(1) Denial of an application for a certificate or rating issued under this part for a period of up to 1 year after the date of that act; or

(2) Suspension or revocation of any certificate or rating issued under this part.

The regulations specifically pertaining to airline pilots state:

CFR 14, FAR Part 121.458  "Misuse of alcohol"

(a) General. This section applies to employees who perform a function listed in appendix J to this part for a certificate holder (covered employees). For the purpose of this section, a person who meets the definition of covered employee in appendix J is considered to be performing the function for the certificate holder.

(b) Alcohol concentration. No covered employee shall report for duty or remain on duty requiring the performance of safety-sensitive functions while having an alcohol concentration of 0.04 or greater. No certificate holder having actual knowledge that an employee has an alcohol concentration of 0.04 or greater shall permit the employee to perform or continue to perform safety-sensitive functions.

(c) On-duty use. No covered employee shall use alcohol while performing safety-sensitive functions. No certificate holder having actual knowledge that a covered employee is using alcohol while performing safety-sensitive functions shall permit the employee to perform or continue to perform safety-sensitive functions.

(d) Pre-duty use. (1) No covered employee shall perform flight crewmember or flight attendant duties within 8 hours after using alcohol. No certificate holder having actual knowledge that such an employee has used alcohol within 8 hours shall permit the employee to perform or continue to perform the specified duties.

(2) No covered employee shall perform safety-sensitive duties other than those specified in paragraph (d)(1) of this section within 4 hours after using alcohol. No certificate holder having actual knowledge that such an employee has used alcohol within 4 hours shall permit the employee to perform or continue to perform safety-sensitive functions.

(e) Use following an accident. No covered employee who has actual knowledge of an accident involving an aircraft for which he or she performed a safety-sensitive function at or near the time of the accident shall use alcohol for 8 hours following the accident, unless he or she has been given a post-accident test under appendix J of this part, or the employer has determined that the employee's performance could not have contributed to the accident.

(f) Refusal to submit to a required alcohol test. No covered employee shall refuse to submit to a post-accident, random, reasonable suspicion, or follow-up alcohol test required under appendix J to this part. No certificate holder shall permit an employee who refuses to submit to such a test to perform or continue to perform safety-sensitive functions.

If you want to read the regulations online, go to:

http://www.access.gpo.gov/nara/cfr/cfrhtml_00/Title_14/14cfrv2_00.html

In addition, a pilot doesn't even have to get a DUI for alcohol to affect his employment. If a pilot drinks and is far below the legal limit, they may still be above their companys limit. For instance the FAA requires an 8 hr period between drinking and flying. My company rule is 12 and .04%. Obviously depending on how much one has had, they could be randomly drug tested and be positive for alcohol even though they are still legal to drive.    

So, as you can see any alcohol violations, whether driving or flying even when under the FAA limit can seriously jeopardize or end a pilots flying career.

Dottie