PRIA, Government Policy, Made Personal

Summary

No one may use alcohol or a controlled substance after October 28, 1991, in violation of law or government rules and then work as a pilot, flight crew member, airport security screener, airline employee who does safety-sensitive work (as the FAA Administrator decides), or an FAA employee with safety duties. If the FAA finds such use, the person can only return to those jobs after completing the rehabilitation program described in section 45105. Also, the FAA will bar someone from doing the same air-transport duties they had before the finding if they used while on duty, if they had begun or finished the section 45105 rehab before the use, or if they refuse to start or finish that rehab after the FAA’s finding.

Title 49, §45103

Transportation, Source: USLM XML via OLRC

(a)Use of Alcohol or a Controlled Substance.—

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)Rehabilitation Required To Resume Service.—

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)Performance of Prior Duties Prohibited.—

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