Sunfish
Although blunt, I don't think the comments made by
arewenearlythereyet (and others) are surprising.
The legal position has been pointed out several times:
If his role on the flight has been correctly described, he comes within the provisions of the Railways and Transport Safety Act 2003.
KC135777
Are you seriously suggesting the pilot was off duty unless and until the moment he was called upon to actually fly the aircraft?
Re knowledge:
Whether or not a pilot knows his BAC exceeds the prescribed limit is not relevant under the Act.
UK law?
I'm open to correction, but I understand US law relating to pilots and alcohol is the same.
The same applies to drivers in the UK. Knowledge is irrelevant.
Again, I'm open to correction but I believe the same applies in the US.
It certainly does in some states.
Whether or not the pilot has committed any offence is, of course, a separate matter. We don't yet know if he was impaired because of drink or drugs or if the proportion of alcohol in his body (if any) exceeded the limit prescribed by the Act.
NB:
I'm assuming simply for the purpose of this discussion that the role of the AA pilot has been correctly described in the very limited reports currently available.
If that changes, so may the opinions I've expressed.
FL