Air Traffic Services Information Notice 40 issued by the SRG ATS Standards Department provides information and guidance on the new Act.
Excerpt:
6 Testing under the Act
6.1 Power to Conduct a Preliminary Test (i.e. a breathalyser test) by a Police Constable in Uniform
6.1.1 Section 96 of the Act provides that the Police have power to require a person to cooperate with a preliminary test where:
(a) a constable in uniform 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 in uniform 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.
6.1.2 A person who, without reasonable excuse, fails to provide a specimen when required to do so in pursuance of this section commits an offence.
6.1.3 A person commits an offence under the Act if he/she performs an aviation function, or an activity that is ancillary to an aviation function, at a time when his/her ability to perform the function is impaired because of alcohol or drugs. This means that a person can be tested at any time after commencing duty, including standby. 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.
6.1.4 The Police are empowered to breathalyse and to perform subsequent tests (i.e. blood and urine tests). Police officers have been advised to exercise their powers under the Act as discreetly as circumstances allow and, if possible, in private, particularly where passenger aircraft are concerned. Overtly or insensitively
exercising these powers in certain circumstances could have detrimental affect on passenger perception and confidence, and could have commercial implications and liabilities.
6.1.5 The preliminary drug test is dependant on factors not yet finalised. The CAA will endeavour to provide additional information in due course.
6.2 Test Equipment
6.2.2 The equipment to be used by the Police to screen suspected offenders for the presence of ingested alcohol is that currently used to test motorists in road traffic cases. However, before approval for use in the aviation environment, each type of
device type has been subjected to a series of controlled laboratory tests to ensure its continued reliability and accuracy at the new aviation limit over a range of operational temperatures and after repeated use.
6.2.3 The technical specifications for the testing programme required that, for each type of device, the absolute error in indication at the aviation limit would be better than that required when used to screen suspected offenders in road traffic cases.
6.2.4 The results of any screening test will provide an indication of the level of alcohol present in an individual’s body. Any criminal proceedings will be based on the results of a subsequent evidential test using different equipment. In practice this will usually take the form of a laboratory analysis of a sample of the suspected offender’s blood or urine.
6.3 Testing following an Accident
6.3.1 An accident for these purposes is defined as an unintended event with adverse physical effect. It is unlikely that every accident involving an aircraft will warrant Police exercising any or all of their powers under this Act.
6.4 Reasonable Grounds for Suspicion
6.4.1 Reasonable grounds for suspicion depend upon the circumstances in each case.
There must be an objective basis for that suspicion based on facts, information and/or intelligence that are relevant to the likelihood of an offence. Reasonable suspicion cannot be based on generalisations or stereotypical images of certain groups or categories of people as more likely to be involved in criminal activity.
6.4.2 Reasonable suspicion can sometimes exist without specific information or intelligence and on the basis for some level of generalisation stemming from the behaviour of a person. Reasonable suspicion should normally be linked to accurate
and current intelligence or information. For example, evidence of impairment from witnesses or from the result of a primary test of an employee by an employer could be sufficient.
6.5 Procedure in the Event of a Positive Breathalyser Test
6.5.1 If, as a result of an initial Police breath test, an officer has reasonable cause to suspect that a person has more than the prescribed proportion of alcohol in their body, then they can expect to be arrested and taken to a Police station. There, they
will be asked to provide a further specimen of breath, blood or urine for laboratory analysis. In practice, this will usually be a specimen of blood, taken by a Police doctor. Failure to provide a specimen without reasonable cause is an offence. Where
a sample of blood or urine is taken, he/she will be entitled to request a part of the sample for themselves. He/she will be supplied with a booklet of analysts where they can have their specimen privately analysed if they wish.
6.5.2 Once a blood sample has been taken he/she will probably be released from the Police station on a condition to return at a later date, by which time the Police part of the sample will have been analysed. If the sample is under the limit he/she will probably be told not to attend. If when he/she attends, the results of the analysis of the sample shows that he/she was over the limit, he/she will be charged with the offence and be given a date to attend court.
6.5.3 After giving a specimen, the Police may detain the individual at the Police station until it appears to the officer that there is no likelihood of them carrying out, or attempting to carry out, an aviation function of the kind for which they have provided a sample, whilst still over the prescribed limit or otherwise impaired through alcohol or drugs.
Link to:
ATSIN 40
Tudor Owen