Cathar
An assumption on my part, sorry. It stands to reason that as in the case of the Raod Traffic Acts concerning Drinking obviously the medical proffession were consulted.
Anyway, having seen what you wrote and searched on the JAR OPS paragraph, I found this, which should answer the questions concerning where this act came from and the reasons behind it:
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A.Background
Article 65(2) of the Air Navigation Order 200069(ANO) makes it an offence for a person to act as a member of the crew of an aircraft while under the influence of drink or drugsto such an extent as to impair their capacity so to act. Article 13(8) makes a similaroffence for maintenance engineers and article 96 for air traffic controllers. In addition,operations manuals established by aircraft operators in accordance with Article 31 of theANO are required to give clear guidance on abstention from alcohol before duty periods.There is no provision for breath testing in the ANO.Following an accident to a light aircraft in 1991 the Air Accidents Investigation Branchmade a recommendation that the Civil Aviation Authority (CAA) initiate action to amend what was then Article 57 of the Air Navigation (No 2) Order 19957 to require aircrew involved in an accident or suspected of an offence under the Article to provide a sample for testing. The CAA accepted this recommendation, but section 60 of the Civil Aviation Act 1982 does not give it the power to include such a provision in the ANO. The department stated in its consultation paper on proposed legislation on combating alcohol at sea that it had agreed to consider amending section 60 of the Act when a suitable legislative opportunity arose. The department consulted on proposals to introduce "with cause" alcohol testing for safety critical civil aviation personnel in 1996 which had a positive response. The Joint Aviation Authority (JAA) is an associate body of the European Civil AviationConference and has been developing harmonized aviation safety standards, known as joint aviation requirements (JARs) since 1970. It now has 32 member states including allEU member states and other European countries. The Joint Aviation Requirement on Commercial Air Transportation (JAR-OPS) adopted by the JAA in April 1995 containsprovisions on alcohol and drug abuse. Section 1.085(b) states that:a crew member shall not
1) consume alcohol less than eight hours prior to the specified reporting time for flight duty or the commencement of standby;(2) commence a flight duty period with a blood alcohol level in excess of 0.2promille [ie 20mg/100ml], or(3) consume alcohol during the flight duty period or whilst on standby.JAR-OPS do not have the force of EU law but there is a European Commission proposal(COM 2000/121) to make them part of EU law.B. The BillThe provisions covering aviation personnel are similar to those being introduced formariners and largely mirror those in road traffic legislation and the TWA 1992. Clause89 introduces provisions similar to those in the ANO but they are now supported inclause 90 by a prescribed limit of 20 milligrams of alcohol in 100 millilitres of blood forair crew and air traffic controllers. The levels for maintenance engineers are the same asin the road traffic acts..Clause 91(2),(3)&(4) apply the offences of being over the limit or unfit to a categoryspecific to aviation that of crews on standby.
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It doesn't appear to have copied and pasted very well, so please don't blame me for mistakes in grammer and missing spaces.