Air Transat pilots "impaired through alcohol".

[sitigeltfel]

Two pilots 'impaired through alcohol' arrested at Glasgow Airport as they prepared to fly to Canada (From Herald Scotland) (http://www.heraldscotland.com/news/14627333.Two_pilots__impaired_through_alcohol__arrested_at_G lasgow_Airport_as_they_prepared_to_fly/)

[parkfell]

Due to appear in Paisley sheriff's court Tuesday morning.

One option is to be bailed to a later date.

[Capt Scribble]

The limit for reporting for flying related duties is close to Zero.

[Capn Bloggs]

The limit for reporting for flying related duties is close to Zero.
And how much is "close to zero" precisely?

[Hotel Tango]

They were arrested early in the morning

I don't see any reference to that in the article. Or is this "inside" information?

[troff]

http://www.mirror.co.uk/news/uk-news/drunk-pilots-hauled-cockpit-police-8446173

[troff]

http://www.bbc.com/news/uk-scotland-glasgow-west-36832625

[too_much]

I am hearing from an EZ based Captain that was on stand at the time of the incident, that the First Officer was wearing some kind of a cape, possibly what could have drawn attention to them in the first instance.

[Stocious]

Due to appear in Paisley sheriff's court Tuesday morning.

One option is to be bailed to a later date.

Police can't release someone on a bail undertaking to appear at court at a later date if they're a foreign national and don't have an address unfortunately.

[Bearcat]

If they are guilty I hope the book is flung at them

[Downwind Lander]

They've been locked up.

Are those alcohol figures in #6 accurate? I would have thought that you'd get about that much by eating a tin of pineapple chunks or some over ripe mangoes.

[G0ULI]

The figures are correct. Realistically the alcohol level you would have in your blood after an hour after consuming a single glass of wine with a meal, half a pint of beer, or a single shot of spirits. Perhaps five pints of beer, the best part of a couple of bottles of wine, or a quarter to a third of a bottle of spirits consumed and drinking stopped eight hours before the flight. So a pretty good night before.

[The Fat Controller]

The alcohol figures are correct and apply to me as a UK ATCO too.

Also,

The alcohol limit for drivers in Scotland is different than for the rest of the UK. In December 2014 the limit was reduced to 50 milligrams of alcohol in every 100 millilitres of blood4. The breath alcohol equivalent reduced to 22 micrograms of alcohol per 100 millilitres of breath

[parkfell]

As Stocious quite rightly pointed out, they have been remanded, following a private appearance in the Sheriff's court.

[Doors to Automatic]

Must have been a good session - by my calculations an entire bottle of wine would have been absorbed if finished by midnight the night before.

Absolutely no excuse.

[captplaystation]

GOULI,

and others.

Given that I have the "pleasure " (sorry, lets call it "insurance") to work for a company that has an alcohol test mandated before commencing EVERY duty (due to a major "indiscretion" by "ex" colleagues last year ) lets try to get some figures straight here.

A Bottle (750ml ) of wine at 14.5% takes 10.9 hrs to eliminate from the body from 1st sip (regardless of other factors such as BMI/ weight/ sex or whatever. Poncy French wine "@ 12% only needs 9hr. A 500ml glass of Beer at 6% = 3hr.

Don't drink spirits, so I haven't done the Maths, but, I do the calculations on a fairly regular basis for the Vino Collapso, as I like to drink it , & don't wanna get busted/sacked. . . all you need to know is "out there" on t'internet, use & respect to enjoy both your tipple & your job


Use this, timing from 1st sip, to keep your conscience clear & your licence intact http://www.cleavebooks.co.uk/scol/ccalcoh2.htm

[Airbubba]

As Stocious quite rightly pointed out, they have been remanded, following a private appearance in the Sheriff's court.

Media reports indicate that the pilots also face charges of 'threats and abuse':

Flyers face court charge...Booze rap pilots' 'threats and abuse'

TWO pilots who allegedly tried to fly a plane while drunk are also accused of threats and abuse, it emerged yesterday

Captain Jean-Francois Perreault and first officer Imran Zafar Syed were arrested minutes before their Air Transat flight to Canada was due to take off at Glasgow Airport.

Perreault, 39, of Ontario, and Syed, 37, from Toronto, appeared in private at Paisley Sheriff Court to face charges of performing an aviation function while over the limit yesterday. But both pilots were also accused of acting in a threatening or abusive manner likely to cause fear and alarm.

Neither made a plea or declaration at the hearing before Sheriff Susan Sinclair, who committed the case for further examination until they appear again next week.


Flyers face court charge...Booze rap pilots' 'threats and abuse' (http://www.thescottishsun.co.uk/scotsol/homepage/news/7214355/BREAKING-NEWS-Pilots-appear-in-court-over-claims-they-were-drunk-at-controls-of-jet.html)

It's always amused me that that maintenance engineers are allowed to work with four times the level of alcohol in their systems that pilots, cabin crew and air traffic controllers.

We had a Brit contract ground engineer in Asia well over a decade ago who was sacked after having a pint at lunchtime and coming back to work. He was previously warned but insisted that he was legal to service aircraft under the local regs. We're under FAA and company rules of below .02%/.04% BAC and 8 hours but I'm wondering if he thought he was exempt under some legacy 'session ale' rule from the UK. :confused:

[stilton]

Yes, a pint or two over lunch in the UK was / is not that unusual, but even if you are under the limit if you've been previously warned not to do it why is it that important to you you'd risk your job ?



Seems like you have a problem, two now..

[parkfell]

Bail has been granted subject to them surrendering their passports.

Besides the alcohol charge, they were also charged with threatening behaviour. This second charge has now been removed / dropped.

[beamender99]

Air Transat drink charge pilots released on bail - BBC News (http://www.bbc.co.uk/news/uk-scotland-glasgow-west-36895584)

"They also initially faced a charge of threatening and abusive behaviour which has since been dropped from the petition."

[Airbubba]

Once these guys have settled their case in Scotland they will presumably have to face the music with Transport Canada.

I see an eight hour rule in the Canadian regs and the requirement that you are not under the influence of alcohol or drugs when you fly as a pilot. But, is there a stated BAC percentage as with driving in Canada?

[Mad (Flt) Scientist]

From a quick search on the TC website:

.... many pilots in Canada may have misconceptions about Canadian Aviation Regulation (CAR) 602.03, the rule that addresses the consumption of alcohol. Here it is: 602.03 No person shall act as a crew member of an aircraft

within eight hours after consuming an alcoholic beverage;

while under the influence of alcohol; or

while using any drug that impairs the person's faculties to the extent that the safety of the aircraft or of the persons on board the aircraft is endangered in any way.
We often refer to this as the "8 hours from bottle to throttle" rule, but if we look at it closely, we see that it is a three-part regulation. What some may be overlooking is the second part that states, "No person shall act as a crew member of an aircraft (b) while under the influence of alcohol." Transport Canada has no tolerance on this rule if you are found with any trace of alcohol in your system. The regulation can actually be misleading; one rule states that you are allowed to drink eight hours before a flight, while the other says you better not get caught with any trace of alcohol in your system even if it has been eight hours since your last drink.

source (https://www.tc.gc.ca/eng/civilaviation/publications/tp185-1-05-621-2911.htm)

That's a 2005 document, but i doubt TC have softened their stance ... it sounds like "zero" is the position in that extract.

[J.O.]

To my understanding there has never been a legal test of the TC definition of "under the influence". I suspect that if such a test were ever explored, the court would find the regulation vague to the point of being unenforceable without a specific BAC value attached.

[212man]

It's largely irrelevant what the TC rules are when operating out of the UK.

[Una Due Tfc]

They also may come out of this with a criminal conviction, which come with various issues of their own in this industry

[parkfell]

Is this the first case involving "an impaired pilot due to alcohol" to be brought before a Scottish Court?

[Duchess_Driver]

It's largely irrelevant what the TC rules are when operating out of the UK.

Funny, I always thought it didn't matter where in the world I was operating, I was always bound by the laws of the state of licence issue AS WELL AS the state in which I was flying - whichever being more restrictive being applied.....

[Airbubba]

It's largely irrelevant what the TC rules are when operating out of the UK.

You mean to tell me that Canadian pilots with Canadian licenses and Canadian medical certificates flying a Canadian registered aircraft to Canada for a Canadian airline don't have to worry about Transport Canada alcohol rules?

Even if they are acquitted of all charges like the American Airlines pilot at Manchester (see: Cleared: The pilot who claimed he got drunk in his sleep | Daily Mail Online (http://www.dailymail.co.uk/news/article-443872/Cleared-The-pilot-claimed-got-drunk-sleep.html)) I'm thinking that they will still have issues to face with the federales in Canada.

[er340790]

It's interesting that the pilots' actual blood / breath / urine alcohol readings have apparently not been made public as part of the charges. If they are indeed in excess of the UK legally prescribed limits (and presumably are), then both may be looking at up to 2 years imprisonment and /or a hefty fine. That is before TC throws the CDN book at them.

The news releases also state that both have now been suspended and have surrendered their passports. If this is suspension-without-pay (as a result of being formally charged by the authorities) they may be in for a very long haul. Such cases can take months to prepare / try in open Court, especially if a not-guilty plea is entered. Such charges are almost impossible to beat, unless there is a 'technicality' such as the testing method used or reliability of the equipment utilised on that particular day.

It's going to be a long, slow and ultimately very costly experience for them both. (On the upside, with their Air Transat experience, they'll be well-used to gross-overcrowding, lousy food and inhumane treatment commonly found in H.M. Prisons. :E)

[Airbubba]

Funny, I always thought it didn't matter where in the world I was operating, I was always bound by the laws of the state of licence issue AS WELL AS the state in which I was flying - whichever being more restrictive being applied.....

I've had my coworkers assure me not to worry about the local regulations overseas, if the company FCOM says eight hours bottle to throttle, don't worry if the local regs say twelve. I'm still not sure I buy that one (but hope I never get to test it in a court of law).

And sometimes the charges overseas follow you home, sometimes they don't.

A famous Air Transat A330 glider pilot did hard time in a Georgia prison for airborne drug smuggling a while back but he's still flying in the left seat there.

Similarly, a colleague of mine did hard time in Mexico for drug smuggling but since it wasn't a U.S. felony conviction, he's good to go with both his FAA ATP license and Class I medical certificate.

[Jet Jockey A4]

@ Airbubba... A famous Air Transat A330 glider pilot did hard time in a Georgia prison for airborne drug smuggling a while back but he's still flying in the left seat there.


I believe the drug smuggling glider pilot you refer to is now retired from Air Transat, to put it in a nice way. :-)

[Airbubba]

I believe the drug smuggling glider pilot you refer to is now retired from Air Transat, to put it in a nice way. :-)

According to this article from a few days ago:

He still flies the A330 out of Montreal.

Canadian pilot recounts losing both engines over the Atlantic Ocean | CTV News (http://www.ctvnews.ca/canada/canadian-pilot-recounts-losing-both-engines-over-the-atlantic-ocean-1.2997241)

But, if he was 49 in 2001, he must be right at retirement.

Also, from the CTV article, he snagged a record from Air Canada by one minute:

His 18-minute glide broke the world record set in 1983 after Air Canada’s “Gimli Glider” ran out of fuel 17 minutes before a miraculous landing in Gimli, Man.

[212man]

Quote:
Originally Posted by 212man View Post
It's largely irrelevant what the TC rules are when operating out of the UK.
You mean to tell me that Canadian pilots with Canadian licenses and Canadian medical certificates flying a Canadian registered aircraft to Canada for a Canadian airline don't have to worry about Transport Canada alcohol rules?

Even if they are acquitted of all charges like the American Airlines pilot at Manchester (see: Cleared: The pilot who claimed he got drunk in his sleep | Daily Mail Online) I'm thinking that they will still have issues to face with the federales in Canada.
No, a simplistic statement by me trying to avoid too much typing in a phone! Clearly, what I meant was that if the country you are operating from (UK in this case) has more stringent laws (not rules) they will apply, and subsequent prosecutions will be based on those.

[Metro man]

The "under the influence" part is there to cover a bender ending more than eight hours before duty but from which the sixteen pints you drank are still still affecting you.

No shortage of people caught drink driving on their way to work in the morning after a party the night before.

[5milesbaby]

You are only tried and tested by the rules and laws of the country that you are arrested in, unless your home country has requested it by which you will be extradited for trial.

If they are found guilty, then there will be other rules and terms and conditions to worry about. I know in my company should I do anything such as this and get the media attention, then I would be sacked for bringing the company into disrepute, they wouldn't even get to contravening the rules of exercising my license.

Look at it from a different angle, if a UK based pilot was caught at Glasgow who was about to fly to another country (say Canada), the next time they go to Canada, should they be arrested and tried there too?

[Heathrow Harry]

99% of countries are happy that you are charged somewhere else - saves them a load of cash and trouble (imagine having to arrange the evidence of the arresting officers in Glasgow having to be given in say Calgary....)

Murder and child abuse are probably the only ones they'd chase for you at home as well

[Gibair]

Paisley Sheriff Court, what a rapid descent.
Certainly, lots of drunks will have been there before them.


As a born and bred Paisley man, I have to take offence at your highly accurate assertion :E

[flydive1]

Look at it from a different angle, if a UK based pilot was caught at Glasgow who was about to fly to another country (say Canada), the next time they go to Canada, should they be arrested and tried there too?

Well, you have good chances that they will deny you entry into Canada with a DUI/DWI on youe records. Do not know how it apply to flying under the influence

[5milesbaby]

flydive1, I think you have missed the point I was making.

[BEL1000]

Extremly obviously they lost their medical certificates.

[Metro man]

Drink driving offences which occur in other countries are treated as criminal convictions for the purpose of entry into Canada and must be disclosed when applying for a visa, or on the arrival card if your passport gives visa free entry.

[evansb]

Indeed. A long time CBSA Officer (a Customs guy to you and me) friend of mine says that an impaired driving conviction does NOT automatically result in a denial of entry into Canada, regardless of nationality. It all "depends" he said, "on what else comes up when we scan your passport..".

[5milesbaby]

May be I should make my point much clearer then, if this flight had been enroute to Barcelona, would the Spanish arrest any non-Spanish based pilots when they next went to Spain for what ever reason and charge them again? You get charged in the country you were in when committing the offense, this may lead to repercussions with your country of residence when you return, but that country cannot charge you again for the same offense.

[Mad (Flt) Scientist]

It might not be exactly the same offence - the UK one might be some kind of "operating a plane while drunk" one while the Canadian one could be some kind of "licence violation" one. Both arise out of the same circumstances, but they aren't technically the same. I can't imagine TC licensing turning a blind eye to a pilot with a british "drunk flying" conviction just because it didn't happen in canada....

[5milesbaby]

I am sure that if they receive a conviction then TC will be adding that to their own records and the pilots licences, BUT they will not be tried again in Canada which is what some of the earlier posters were alluding to.

[nivsy]

Any update on this sorry tale?

[seafire6b]

Air Transat drink charge pilots released on bail - BBC News (http://www.bbc.co.uk/news/uk-scotland-glasgow-west-36895584)

"They also initially faced a charge of threatening and abusive behaviour which has since been dropped from the petition."


Nothing since beamender's above post of 26 July. I guess the wheels of justice are still slowly turning, behind the scenes.

[pfvspnf]

Will they still be employed with transat ?

[crablab]

Doubt it if they are convicted.

[pfvspnf]

What sort of aggressive behaviour were they portraying ? Did the cabin crew suspect anything ? Anybody have anymore info ?

[Willing to Fly]

It is my understanding they were let go. Their union also walked away from them as this did not happen in the normal course of their jobs. That's what I heard anyway.

[ShamrockF]

What sort of aggressive behaviour were they portraying ? Did the cabin crew suspect anything ? Anybody have anymore info ?

I presume if a pilot presents himself for duty wearing some sort of a cape it would arouse suspicions (as noted in an earlier post).

[Heathrow Harry]

Unless it was BOAC where a cape and a silver topped cane were de riguer IIRC

[Hotel Tango]

and don't forget the white gloves!

[sitigeltfel]

Another alcohol incident at Glasgow, this time involving a UA crew.

http://www.bbc.com/news/uk-scotland-glasgow-west-37208114 (http://www.bbc.com/news/uk-scotland-glasgow-west-37208114)

[foxmoth]

Beware the bar staff in the Holiday Inn!!

[sitigeltfel]

Further reports now say the Captain was not one of those arrested but two other flight deck crew were involved.

[Heathrow Harry]

yes -anyone flyng out of Scotland should be very wary about touching alcohol at all - the police are clearly on alert and sensitive about any possible infraction

[Heathrow Harry]

Two airline pilots were arrested on suspicion of being under the influence of alcohol as they prepared to fly from Glasgow Airport to New York. The United Airlines pilots, aged 35 and 45, were detained by police ahead of the 09:00 flight on Saturday. Their jet, which was headed for Newark Airport, was carrying 141 passengers. It eventually took off at 19:15 with a new flight crew on board. The men are expected to appear at Paisley Sheriff Court on Monday.


Police Scotland said the pilots were arrested in connection with alleged offences under the Railways and Transport/Safety Act 2003 (Section 93). This covers "carrying out pilot function or activity while exceeding the prescribed limit of alcohol".


United Airlines said the pilots had been removed from service and their flying duties pending an investigation. A spokesman said the safety of customers and crew "is their highest priority".

[DuncanF]

https://www.youtube.com/watch?v=TODXQzpA9_E

[Basil]

Remember that the Scottish drink drive limit is 50 milligrams of alcohol per 100 millilitres of blood cf 80mg/100ml in England & Wales.

[TFTMB]

It is my understanding they were let go. Their union also walked away from them as this did not happen in the normal course of their jobs. That's what I heard anyway.

Completely false.

[NorthSouth]

Does anyone know what's happened to the two Air Transat guys? They were remanded on bail at Paisley Sherriff Court in July and had to hand in their passports. So they've been stuck in the UK for four months, suspended from their jobs - but presumably still paid. Seems very unfair for them to have to wait that long for a final court appearance.

[IcePack]

The USA held a U.K. Based pilot for over 6 months. Final outcome was no case to answer.
BALPA helped with his accommodation. So not unusual.

[Airbubba]

The USA held a U.K. Based pilot for over 6 months. Final outcome was no case to answer.
BALPA helped with his accommodation. So not unusual.

No case to answer? :=

He was lucky enough to cop a plea on felony charges using the 'I didn't know we wuz going flying' claim. I would suggest that defense is far less likely to succeed these days.

Plea Deal Reached By Pilot

Captain Accused Of Alcohol Use

By Maria Glod

Washington Post Staff Writer
Tuesday, July 20, 2004; Page B01

A former Virgin Atlantic Airways pilot accused in December of trying to fly a Boeing 747 after drinking alcohol has pleaded guilty in Loudoun County Circuit Court to a misdemeanor charge of interfering with the operation of an aircraft.

Richard G. Harwell, 55, was arrested Dec. 19, shortly before he was scheduled to fly a plane carrying 400 passengers and crew members from Dulles International Airport to London's Heathrow Airport. Harwell smelled of alcohol and his speech was slurred when he was escorted from the cockpit by a Metropolitan Washington Airports Authority police sergeant five minutes before the plane's scheduled departure, according to court documents.

Harwell, who pleaded guilty July 13, has resigned from his job with the airline and will serve a year of unsupervised probation in London, where he lives with his wife and two children, said his attorney, Thomas C. Hill. Circuit Court Judge Thomas D. Horne also imposed a six-month jail sentence and suspended all but three days, which Harwell served after his arrest, Hill said.

Assistant Commonwealth's Attorney Stephen Sincavage said there was evidence that Harwell had alcohol in his system, but he said prosecutors could not prove that Harwell took any action to operate the plane before his arrest. [apparently sitting in the plane in uniform reviewing the logbook didn't count back in 2004 - Airbubba]

Hill said his client, a U.S. citizen who was ordered to remain in the United States pending a resolution in the case, is pleased that the legal proceedings are concluded. Hill said he does not know whether Harwell, who had worked for the airline for 14 years as a captain and who holds a British pilot's license, will seek work as a pilot again.

Plea Deal Reached By Pilot (washingtonpost.com) (http://www.washingtonpost.com/wp-dyn/articles/A63102-2004Jul19.html)

[IcePack]

Not sure we are talking about the same airman. But just saying loss of passport = a time in the country not of your choice.

[Airbubba]

Not sure we are talking about the same airman. But just saying loss of passport = a time in the country not of your choice.

Well, I would certainly agree with those legal scholars who say pilots are a potential 'flight risk'. ;)

[gumbi]

".. They were remanded on bail at Paisley Sherriff Court in July and had to hand in their passports. So they've been stuck in the UK for four months, suspended from their jobs - but presumably still paid..."

They got their passports back, they're back in Canada awaiting their court appearance in the UK and are suspended... as for pay, not sure but I think they're compensated by our collective insurance program (TBC).

[NorthSouth]

Thanks gumbi. That sounds like a more naturally just outcome, so far - whatever the two have actually done.

[beamender99]

A pilot had been jailed for 10 months for attempting to board a flight from Scotland to America while drunk.
Carlos Roberto Licona, 45, was due to serve as First Officer on the United Airlines flight to Newark, New Jersey, on Saturday 27 August last year.

Airline pilot jailed for being drunk - BBC News (http://www.bbc.co.uk/news/uk-scotland-39232447)

[Airbubba]

A pilot had been jailed for 10 months for attempting to board a flight from Scotland to America while drunk.
Carlos Roberto Licona, 45, was due to serve as First Officer on the United Airlines flight to Newark, New Jersey, on Saturday 27 August last year.

Airline pilot jailed for being drunk - BBC News (http://www.bbc.co.uk/news/uk-scotland-39232447)

I wonder what the outcome will be for the captain on this flight?

United unfortunately has a lot of experience with international pilot alcohol incidents. In almost all cases that I'm aware of, the pilots kept their jobs and were able to go back to work under the close supervision of the HIMS program.

And, even after these guys in the Scotland incident serve any custodial sentence overseas, they may have more legal music to face back in the U.S. due to the blood alcohol level.

In the past couple of years federal prosecutors in the U.S. have been going after pilots with FAA tickets who blew a .10 percent BAC or higher with felony charges even if the case was settled previously with the FAA.

Here's a recent example:

Brevard County pilot working for U.S. armed forces accused of flying Boeing 747 while drunk

by: Mark Boxley Updated: Feb 22, 2017 - 9:47 PM

ORLANDO, Fla. - A Brevard County pilot has been accused of drunkenly flying a Boeing 747 overseas while working for a U.S. armed forces subcontractor, federal court documents said.

Daniel R. Criss, who was working as a pilot for armed forces subcontractor Kalitta Air, was charged Wednesday in Orlando federal court with flying the jet between Osan Air Base in South Korea and Yakota Air Base in Japan while drunk.

The alleged incident happened on July 14, 2015, a federal indictment said.

Criss faces a charge of operating a common carrier under the influence of alcohol or drugs.

His blood-alcohol concentration at the time exceeded the .10 percent limit allowed by federal law, court documents said.

Brevard County pilot working for U.S. Armed Forces accused of flying Boeing 747 while drunk | WFTV (http://www.wftv.com/news/local/brevard-county-pilot-working-for-us-armed-forces-accused-of-flying-boeing-747-while-drunk/496596946)

Here's a Department of Justice press release for another significantly after the fact pilot prosecution:

https://www.justice.gov/usao-cdca/pr/former-pilot-alaska-airlines-arrested-federal-charges-flying-passenger-aircraft-while

[lambourne]

I wonder what the outcome will be for the captain on this flight?


Why would the Captain face an "outcome"? It was the two new hire FO's that were arrested.

[Airbubba]

Why would the Captain face an "outcome"? It was the two new hire FO's that were arrested.

You're right, I didn't think there would be an extra FO on that crossing but there was.

[Daysleeper]

To resurrect this zombie thread as there is some news:

Both the Air Transat pilots from the July 2016 "incident" have now been cleared of all charges. Seems that back in 2016 the prison service deliberately destroyed evidence when the pilots were held briefly in jail.

The pilots' samples were placed within their property...When the pilots arrived at Low Moss Prison in East Dunbartonshire, prison guard Paul Scoular said he thought the samples would be worthless evidentially and, along with the prison nurse, destroyed them

Why it has taken till now for the charges to be dropped is unclear from the media reports.

BBC report (http://www.bbc.co.uk/news/uk-scotland-glasgow-west-43907466)

[212man]

Would the samples still be valid after a prolonged period - I thought there would be some natural fermentation such as that taken into account when doing tests on accident pilots remains.

[hoss183]

Lucky chaps to get away without a conviction, but i imagine finding employment might be a tad difficult...

[Heathrow Harry]

Captain Perreault and First Office Syed were arrested shortly before taking off from Glasgow airport Two pilots accused of planning to fly a passenger jet from Scotland to Canada while under the influence of alcohol have been cleared after key evidence was destroyed by prison staff. Jean-Francois Perreault, 41, and Imran Zafar Syed, 39, were arrested in 2016, minutes before a flight from Glasgow to Toronto was due to take off. Blood tests were said to have found them above the legal alcohol limit. But the case collapsed when prison staff destroyed some of the samples. The case was due to call at Paisley Sheriff Court on Thursday, but prosecutors offered no evidence against the men and the hearing was cancelled.They will now be offered reinstatement by their airline and the chance to fly again once refresher training has been completed.The Canadian pair were due to fly an Air Transat plane with 250 passengers on board when they were arrested at Glasgow Airport on 18 July 2016. They were taken to Helen Street Police Station in Glasgow, where they were interviewed and blood samples were taken.The charge stated that Captain Perreault had 32 milligrams of alcohol in 100ml of blood, while First Officer Syed had 49 milligrams in 100ml of blood.The blood alcohol limit for flying is set at 20 milligrams.Image caption The pilots were due to take control of this Air Transat Airbus A310 They were also accused of acting in a threatening manner and fighting at the Hilton Hotel in the city on the same day.

At the police station each blood sample was split in two - one of each for the prosecution and one for each pilot.The pilots' samples were placed within their property, as they were in custody, and remained there during their initial court appearance, during which they were remanded in custody.When the pilots arrived at Low Moss Prison in East Dunbartonshire, prison guard Paul Scoular said he thought the samples would be worthless evidentially and, along with prison nurse Mara Fraser, destroyed them.'No protocol'

Mr Scoular, 46, gave evidence at a hearing in September, which can only be reported now the case has concluded. He said he was "unsure" what to do as he had "no previous experience of receiving a blood sample in to custody" during his 20-year career working at Scottish jails - and he said no official protocol existed.Mr Scoular said: "My understanding was they should've been stored and kept in a cooled environment."I asked Mara Fraser whether the samples would still have integrity or whether there may have been a deterioration due to them not being stored in a chilled environment."I spoke to Mr Syed and Mr Perreault and raised my concerns. I wasn't sure if it was worth retaining the sample."

He did not seek the advice of the police, prosecutors, or managers - and told the pilots he was going to destroy them He added: "There was no facility in the prison for storing them. They both gave me a verbal consent to destroy it." Prison nurse Mara Fraser, 54, said in evidence: "I informed him [Paul Scoular] I'd have to find out what to do with them. "I put them in to a locked drawer in the nurses' office. None of the nurses knew what to do."I didn't know the protocol. I later found out the patients were liberated so I destroyed them [the samples] - I put them in to a sharps bin."Lawyers for the pilots argued their right to a fair trial was compromised because there was now no opportunity for them to have the samples independently tested.

The pilots were arrested under section 93 of the Act.It focuses on the limit of any alcohol consumption and says it is an offence to perform or prepare to perform certain aviation-related functions with more than a prescribed level of alcohol in the body.That limit is set at 20 milligrams of alcohol per 100 ml of blood for those activities carried out by aircrew and air traffic controllers. In the case of breath, nine micrograms of alcohol in 100 ml are allowed and in urine the limit is 27 milligrams of alcohol in 100 ml.The drink-drive limit in Scotland is more than twice the blood limit, which currently stands at 50micrograms in 100ml and reflects the speed of reaction needed by aircrew and air traffic controllers to respond to potential emergency situations.Aviation functions can be defined as acting as a pilot during a flight, acting as navigator of an aircraft or as a flight radio-telephony operator during a flight, as well as acting as a member of the cabin crew. Anyone convicted of committing an offence under the act can face up to two years in prison or a fine or both.A Crown Office spokesman said: "It is the duty of the Crown to keep cases under review. "After full and careful consideration of the facts and circumstances, including the recent decision of the Court of Appeal, Crown Counsel instructed there should be no further proceedings at this time."We are working with Police Scotland to ensure there are proper processes and guidance in place covering the retention and storage of samples when an accused person is remanded in custody."Mr Perreault, of Ontario and Mr Syed of Toronto had denied all the charges against them.

Both men were suspended by their employer Air Transat following their arrest but will now be reinstated and offered the chance to fly again.An Air Transat spokesman said: "We will be meeting with them in the next few days to plan their reinstatement since there is no charge against them and we have no evidence that they have broken any law nor our internal rules"They will need to undergo retraining and requalification as per applicable legislation, and we will put in place measures to ensure that their behaviour is exemplary."

[Airbubba]

They do not need to find employment, as they were not guilty they are free to return to work.

As Larry L. Archie, Esq. famously advertises, 'Just because you did it doesn't mean you're guilty.' :D

http://twitter.com/ijukes/status/563195270272262144

[costalpilot]

They do not need to find employment, as they were not guilty they are free to return to work.

https://www.bbc.co.uk/news/amp/uk-scotland-glasgow-west-43907466?__twitter_impression=true

. maybe, maybe not.