Present Position: Air Navigation Order The ANO provides that no member of an aircraft’s crew, LAME or ATC officer shall be under the influence of drink or drugs to such an extent as to impair his/her capacity to so act.
The current law does
not set a blood alcohol limit, and does
not require a person suspected of a drink or drugs offence to submit to a breath-test.
New Law: RAILWAYS and TRANSPORT SAFETY ACT 2003
Summary:
* The Police will have testing and enforcement powers broadly in line with those currently applied to motorists.
* A police officer will have power to require a breath-test if he has a reasonable suspicion that an offence either has been, or is in the process of being, committed.
* Enforcement is the responsibility of the Police and the Crown Prosecution Service.
* There is no provision for random testing.
* Crew members should not commence a flight duty period with a blood/alcohol level in excess of 20mg of alcohol per 100ml of blood. (ie One-quarter of that allowed to motorists.) If they do, they risk prosecution.
Note: Courts will not have power to disqualify / suspend licences. Any licensing action remains the responsibility of the CAA.
Is the new Act in force? Not yet.
It will come into force in early 2004.
To whom does the Act apply? Flight Crew, CC, ATC and LAMEs in the UK
and
to the crew of British registered aircraft anywhere in the world.
What are the new Offences?
Being Unfit for Duty (Section 92) Performing an
"aviation function", or carrying out an activity that is
"ancillary to an aviation function", at a time when your ability to perform the function is impaired because of drink or drugs. (“Drug” includes any intoxicant other than alcohol.)
Alcohol Exceeding the Prescribed Limit (Section 93) Performing 'an aviation function', or carrying out an activity that is 'ancillary to an aviation function', at a time when the proportion of alcohol in your breath, blood or urine exceeds the 'prescribed limit.'
What are the Prescribed Limits? Pilot
FE
CC
Navigator
In-flight R/T operator
persons on the flight deck during flight to give or supervise training, administer a test, observe a period of practice or to monitor or record the gaining of experience
and
ATC officers :
Breath: 9 microgrammes of alcohol in 100 millilitres.
Blood: 20 milligrammes of alcohol in 100 millilitres.
Urine: 27 milligrammes of alcohol in 100 millilitres.
(LAMEs - Breath: 35/100, blood: 80/100, urine: 107/100.)
What are 'Aviation Functions'? Under Section 94, 'aviation functions' are -
pilot,
navigator,
flight engineer,
flight R/T operator,
Cabin Crew,
attending the flight deck of an aircraft during flight to give or supervise training, to administer a test, to observe a period of practice or to monitor or record the gaining of experience,
licensed ATC, and
LAMEs.
What are 'Ancillary Functions'? An activity will be treated as 'ancillary to an aviation function' if it is undertaken by a person who has reported for duty in respect of the function and -
as a requirement of,
or for the purpose of,
or in connection with,
the performance of the aviation function during the period of duty.
Note: If, under the terms of your employment, you are holding yourself ready to perform an aviation function if called upon, you will be treated as carrying out an ancillary function. So, if you're on standby under the terms of your employment, the law will apply.
Who has Power to Conduct a Preliminary Test?
Section 96 gives the police power to require a person to co-operate with a preliminary test (i.e. a breathalyser test) where:
(a) a constable reasonably suspects that the person
is over the prescribed limit, or his/her ability to perform his/her aviation function is impaired through either drink or drugs,
(b) a constable reasonably suspects that the person
has been over the prescribed limit or impaired through drink or drugs, and still has alcohol or a drug in his/her body or is still under the influence of a drug,
(c) an aircraft is involved in an accident and a constable reasonably suspects that the person was
undertaking an aviation function, or an activity ancillary to an aviation function, in relation to the aircraft at the time of the accident, or
(d) an aircraft is involved in an accident and a constable reasonably suspects that the person has
undertaken an aviation function, or an activity ancillary to an aviation function, in relation to the aircraft.
Note: The Police will determine when to test based on reasonable suspicion that either someone is over the prescribed limit, under the influence of alcohol and drugs, or following an accident.
What constitutes Reasonable Grounds for Suspicion? Facts, and even information/intelligence relevant to the likelihood of an offence.
What constitutes an 'accident'? For the purpose of this Act, an accident is defined as an unintended event with adverse physical effect.
Do the Police have a Right of Entry ? Yes.
Under Section 98, a police constable in uniform may board an aircraft, or enter any place, if he reasonably suspects that he may wish to exercise a power by virtue of Section 96 (power to administer tests, etc.) or under Section 97 (arrest without a warrant) in respect of a person who is or may be on the aircraft or may be in that place.
What Test Equipment will be used? A breathalyser will be used to obtain an
indication of the level of alcohol present in your body. It's a 'screening test' or 'field test' only.
You will not be prosecuted on the result of the field test, even if it shows your alcohol level is over the prescribed limit.
What happens if my Breathalyser Test is Positive? You will be arrested, taken to a Police station and asked to provide a further specimen of breath, blood or urine for laboratory analysis. In practice, you are most likely to be asked to provide a sample of blood.
Once a blood sample has been taken you will be released from the Police station on condition to return at a later date, by which time the Police part of the sample will have been analysed.
The Police may detain you at the Police station until it appears to the Custody Officer that there is no likelihood of you carrying out, or attempting to carry out, an aviation function whilst still over the prescribed limit or otherwise impaired through alcohol or drugs.
If (when you return to the police station to learn the results of the analysis) the sample shows you were over the limit, you will be charged and given a date to attend court.
May I refuse to provide a Specimen? Not unless you have a 'reasonable excuse.'
In 99.9% of cases, the short answer is that you may not refuse.
NB: Failing to provide a specimen without reasonable excuse is itself an offence.
Will the Information be Disclosed? If the Police acquire information giving cause for serious concern that a person performing a safety aviation function is unsuited to hold that position of trust, such information may be passed to that person’s employer or licensing Authority on grounds of public safety or for the prevention or detection of crime.
This may occur even before a sample of blood or urine has been analysed or the person has been charged.
What are the Penalties? The penalties (set out in section 95) are the same as those currently applying to aircrew and air traffic controllers under Article 122 of the ANO:
On conviction in a magistrates court: Fine
On conviction on indictment in a Crown Court: Fine or imprisonment for a term not exceeding two years, or both.
General: The reason for the 20mg level is that we can all create small amounts of our own alcohol. This may appear in our blood as an alcohol level, but it will not reach 20mg per 100ml, and anyone who is breath or blood tested to that level is likely to have ingested alcohol in the recent past.
It is impossible to construct any meaningful chart that an individual can use to predict a future alcohol level after a period of drinking.
We absorb and excrete alcohol at very different rates. These depend on factors such as sex, body weight, tolerance to alcohol, and the presence of food.
Warning:
Flight crew and cabin crew should not commence duty for at least eight hours after taking
small amounts of alcohol, and
proportionally longer if larger amounts have been consumed.
Although it's likely that if a person consumes a maximum of five units of alcohol dispersed over some hours before the eight hour ban, his or her blood alcohol level will be zero at the end of the ban, it cannot be guaranteed.
Rough Guide: Half a pint of ordinary strength beer (3-3.5%) contains one unit of alcohol.
Please don't blame me for the language. Believe it or not, this is more readable than the original.
Tudor Owen
.