BJCC
There is provision in the RTA for 'Special Circumstances' on driving while having had too much to drink. This act is based on the RTA therefore, it's logical to assume that the same thing would apply. However, it's not been tested, yet.
That's hardly the same thing.
On the ground, one has the choice whether to drive.
A jet rated pax (aka pilot on hols), enjoying a couple of bevvies, then called to take over has no other option - should he commit suicide and take 150 other people with him by refusing to take control? The laws of gravity will intervene if no one else does, when the gas runs out.
In fact, if both FD are incapacitated, wouldn't the chain of command then rest with the senior CC member, who would make the decision to invite the jet rated pax to have a go. In fact, could s/he lawfully command the pilot to fly, considering that the alternative is certain death?
Also the jet rated pax was hardly reporting for duty, when he checked in, so would the aviation act apply at all?
Anyway, it's not bl@@dy likely is it
, well not on a 2 crew aircraft.