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

Summary

People cannot use alcohol or illegal drugs after October 28, 1991, in a way that breaks the law or federal rules and then work as pilots, flight crew, airport security screeners, airline employees in safety-sensitive jobs (as the FAA decides), or FAA employees with safety duties. If the FAA finds someone did use alcohol or drugs after that date, they may only return to those jobs if they complete the rehab program in section 45105. If they used while on duty, started or finished rehab before the use, or refuse to start or finish the required rehab after the FAA’s finding, they cannot do the same air-transport duties they had before.

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