Flying and Alcohol
By Bill Hughes
In the process of getting your pilot certification you will have been exposed to the various federal regulations that pertain to alcohol and drugs. The 8-hour rule is usually the one that everyone remembers. Here I will review all the relevant material with some discussion of each part.
61.14 applies to employees who perform the following duties for an airline, air taxi operation or a sightseeing (heavier than air) operation. They are: pilots, flight attendants, instructors, dispatchers, maintenance technician, screener, security, and air traffic controller. None of these apply directly to balloon flying but many of our fellow balloonists are also involved in these aspects of aviation. If you are one of these and refuse to submit to a drug or alcohol test you may have your pilot certificate suspended or revoked, or your application for a pilot certificate denied for one year. These folks are subject to random testing.
61.15 says that after November 29, 1990 if you are convicted of any federal or state statute relating to the operation of a motor vehicle while intoxicated, impaired, or under the influence of alcohol or drugs you may have your pilot certificate suspended or revoked, or your application for a pilot certificate denied for one year. If your motor vehicle license is cancelled, suspended or revoked for these types of offenses or if you are denied application for the same reasons, you may also suffer the same consequences. These defined “motor vehicle actions” must be reported to the FAA Security Division within 60 days of their occurrence. And, as you might have guessed the same penalties are possible if you fail to report them. The message here is the FAA is going to evaluate your fitness to hold a pilot certificate if you are involved in alcohol or drug related motor vehicle offences.
61.16 Tells you that if you refuse to submit to, or withhold the results of, a test to indicate the percentage by weight of alcohol in your blood, when requested by a law enforcement officer the same certificate actions may befall you. This testing request would be associated with the investigation of a suspected violation of state or local law governing the same or substantially similar conduct and, that law enforcement officer is authorized to conduct, or to have conducted, such a test.
91.17 Tells you, you may not act or attempt to act as crewmember if you have consumed any alcoholic beverage within the preceding 8 hours or if your blood contains .04 % by weight alcohol. And, as a catchall you cannot be under the influence of alcohol. You should get a message from this that the tolerance level for mixing flying and alcohol is very small. Regarding drugs under this section it states; while using any drug that affects your faculties in any way contrary to safety. This too leaves little wiggle room. If the FAA has a reasonable basis to believe that you are in violation of the above you can be required to submit to both drug and alcohol testing within 4 hours of the occurrence. It also is possible that the results of any test taken within that 4-hour period are obtainable by the FAA. If you were injured, and in the process of treatment blood was taken, it could be tested and the results made available. These test results can be used as evidence in any legal action or evaluation of your qualifications to hold a certificate.
You are prohibited from allowing any person who appears to be intoxicated or who demonstrates by manner or physical indications that they are under the influence of drugs to be carried on your aircraft. It is not if, it is when you will be faced with the situation of a prospective passenger being under the influence of alcohol. The last thing this person will respond positively to is you informing them that you will not take them because of their condition. It is wise to have a set of excuses and outs ready that avoid confrontations with this person. It’s too windy. The balloon is overweight. There is a mechanical failure that prohibits the flight. Realize that you could suffer the same penalties for allowing this passenger on board, as you could suffer for being under the influence yourself.
I’ve omitted some caveats and technical points in this discussion of the regulations in an effort to focus on the overall intention. As one rich in years I can recall the “old days” when excessive tolerance for alcohol abuse was the rule in both motor vehicle and aviation arenas. Different approaches were experimented with such as mandatory education and bloody gory films of tragic accidents to influence the problem. The rigid application of strict laws appears to be the solution that works. I just returned from California where I was informed that persons under 21 there lose their driving privileges for any level of alcohol in their system. I bet when that happens to one of your friends you get the message quickly.