Sections 92 - 94 of the Rail & Transport Safety Act 2003 cover aviation functions and are pretty much all encompassing.
Railways and Transport Safety Act 2003
There isn't a lot you can do related to any aviation work which does not consitute an offence.
Some hand-held breathalysers are now calibrated such that, on start up, it asks whether the 'subject' is involved in aviation activities and if 'Yes' is selected it defaults to the far lower maximum alcohol limits prescribed for aviation activities.
Each and every individual is different and having administered stacks of breath tests in a previous life, I can assure you that the 1 1/2 pint rule-of-thumb relied on as sacrosanct by some is in fact complete
- I have known people fail a breathalyser after 1/2 pint or one whisky and another pass (the evidential test) after 5 pints plus two glasses of wine. Nevertheless, the majority of persons would be hard pressed to pass an aviation prescribed breath limit of 9 mg/100 ml (compared to 35mg/100ml for driving) after even a small amount of alcohol.
I was stopped by the police on my way FROM work (August 2007) and they still applied the "Aviation = YES" option. Whilst I am sure that no Court would have convicted had I failed the aviation limits but passed the driving limits on my way home after duty had finished, the traffic cop concerned was 100% adamant that the aviation limits still applied. I had not drunk anything so there was no point making anything of it.
What is interesting in S94 are the activities and ancillary activities which would constitute an offence if over the limit. Seems to be a wide net!
