§45103 — Title 49 Transportation | U.S. Code

Summary

You cannot use alcohol or illegal drugs after October 28, 1991 in a way that breaks the law or a U.S. government rule and work as an airman, crewmember, airport security screener, an air carrier employee who does safety‑sensitive work (as the FAA Administrator decides), or an FAA employee with safety‑sensitive duties. If you are found to have used alcohol or drugs after that date in violation of law or a government rule, you may only hold those jobs again if you finish the rehabilitation program under section 45105. If the FAA Administrator finds that someone in those jobs used alcohol or illegal drugs after October 28, 1991 in violation of law or a government rule, that person cannot return to the same air‑transport duties they had before the finding if any of these are true: they used while on duty; they had started or finished the rehab program in section 45105 before they used; or they refuse to start or finish the rehab program after the FAA finding.

Title 49, §45103

Transportation — Source: USLM XML via OLRC

(a)An individual may not use alcohol or a controlled substance after October 28, 1991, in violation of law or a United States Government regulation and serve as an airman, crewmember, airport security screening employee, air carrier employee responsible for safety-sensitive functions (as decided by the Administrator of the Federal Aviation Administration), or employee of the Administration with responsibility for safety-sensitive functions.

(b)Notwithstanding subsection (a) of this section, an individual found to have used alcohol or a controlled substance after October 28, 1991, in violation of law or a Government regulation may serve as an airman, crewmember, airport security screening employee, air carrier employee responsible for safety-sensitive functions (as decided by the Administrator), or employee of the Administration with responsibility for safety-sensitive functions only if the individual completes a rehabilitation program described in section 45105 of this title.

(c)An individual who served as an airman, crewmember, airport security screening employee, air carrier employee responsible for safety-sensitive functions (as decided by the Administrator), or employee of the Administration with responsibility for safety-sensitive functions and who was found by the Administrator to have used alcohol or a controlled substance after October 28, 1991, in violation of law or a Government regulation may not carry out the duties related to air transportation that the individual carried out before the finding of the Administrator if the individual—

(1)used the alcohol or controlled substance when on duty;

(2)began or completed a rehabilitation program described in section 45105 of this title before using the alcohol or controlled substance; or

(3)refuses to begin or complete a rehabilitation program described in section 45105 of this title after a finding by the Administrator under this section.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 45103(a)49 App.:1434(b)(1).Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 614(b); added Oct. 28, 1991, Pub. L. 102–143, § 3(a), 105 Stat. 954. 45103(b)49 App.:1434(b)(2). 45103(c)49 App.:1434(b)(3). In subsection (b), the words “Notwithstanding subsection (a) of this section” are added for clarity.

Editorial Notes

Amendments

2001—Pub. L. 107–71 substituted “screening employee” for “screening contract employee” wherever appearing.

§45103 Prohibited service