wasdale
Let's keep some sense of perspective here.
The new law is not being introduced to combat a serious problem.
The Railways and Transport Safety Act 2003 merely provides a convenient opportunity to bring aviation into line with other transport modes by introducing a statutory testing regime.
It also reflects Joint Aviation Requirements Commercial Air Transportation (JAR-OPS) adopted by the JAA in 1996 which requires that crew members of commercial aircraft should not commence a flight duty period with a blood/alcohol level in excess of 20mg of alcohol per 100ml of blood.
The ANO does not set a blood alcohol limit, nor does it require a person who is suspected of a drink or drugs offence to be subjected to a test. Under the new provisions, there is now a set limit and a requirement to submit to a test. It is part of a harmonisation of standards across most of Europe.
Re your other point ..........
The CAA has a well-defined protocol when it is informed that a medical certificate holder (flight crew or air traffic controller) may be misusing alcohol or drugs.
This would be activated if a pilot had failed a breathalyser test whilst performing an aviation function. The person is medically assessed, including blood testing, and a decision made whether there is alcohol or drug dependency that could be a risk to
flight safety.
If that is so, the pilot’s medical certificate will be temporarily suspended. He/she will then be invited to take part in a treatment and rehabilitation schedule. If that is successful, the pilot will be returned to flying with the requirement to provide regular reports and to attend for follow-up assessments. Abstinence is required.
Approximately 85% of professional pilots with such problems have been returned to flying under this regime.
Tudor Owen
Last edited by Flying Lawyer; 23rd December 2003 at 22:59.