Railsways & Transport Safety Act 2003
S 92
(1) A person commits an offence if-
(a) he performs an aviation function at a time when his ability to perform the function is impaired because of drink or drugs, or
(b) he carries out an activity which is ancillary to an aviation function at a time when his ability to perform the function is impaired because of drink or drugs.
(2) In this section "drug" includes any intoxicant other than alcohol.
(3) Section 94 defines "aviation function" and "ancillary activity" for the purposes of this Part.
S 93
1) A person commits an offence if-
(a) he performs an aviation function at a time when the proportion of alcohol in his breath, blood or urine exceeds the prescribed limit, or
(b) he carries out an activity which is ancillary to an aviation function at a time when the proportion of alcohol in his breath, blood or urine exceeds the prescribed limit.
(2) The prescribed limit of alcohol is (subject to subsection (3))-
(a) in the case of breath, 9 microgrammes of alcohol in 100 millilitres,
(b) in the case of blood, 20 milligrammes of alcohol in 100 millilitres, and
(c) in the case of urine, 27 milligrammes of alcohol in 100 millilitres.
(3) In relation to the aviation function specified in section 94(1)(h) the prescribed limit is-
(a) in the case of breath, 35 microgrammes of alcohol in 100 millilitres,
(b) in the case of blood, 80 milligrammes of alcohol in 100 millilitres, and
(c) in the case of urine, 107 milligrammes of alcohol in 100 millilitres.
(4) The Secretary of State may make regulations amending subsection (2) or (3).
(5) Section 94 defines "aviation function" and "ancillary activity" for the purposes of this
S 94
(1) For the purposes of this Part the following (and only the following) are aviation functions-
(a) acting as a pilot of an aircraft during flight,
(b) acting as flight navigator of an aircraft during flight,
(c) acting as flight engineer of an aircraft during flight,
(d) acting as flight radio-telephony operator of an aircraft during flight,
(e) acting as a member of the cabin crew of an aircraft during flight,
(f) 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,
That ought to answer the questions regarding his laibility to provide a screening breath test, if thats what happened, and be arrested.
Danny
You assume that he was arrested for having a BAC above the prescribed limit (S93). He may have been, or may not. There is a second offence(s92) of being unfit through alcohol. Again, he may or may not have been arrested for that.
I do hope we are not going to have yet another attack on 'grasses'. As other have pointed out, innocent until proved guilty. That applies as much to 'grasses' as this pilot.
geraintw
The reason why it is interesting is because the agreement with the CAA and Police is that blood will normally be anaylised, not breath as in the RTA. Blood tests usually take a couple of weeks to come back, and therefore the suspect is bailed for around 6 weeks, not a couple of days.
One can guess at why that is (assmuming the AA statement regarding court on Monday is incorrect) .