C.F.R. » Title 14 » CHAPTER I—FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION › SUBCHAPTER D—AIRMEN › PART 61—CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND INSTRUCTORS › Subpart A—General

14 C.F.R. § 61.15

Offenses involving alcohol or drugs

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(a) A conviction for the violation of any Federal or State statute relating to the growing, processing, manufacture, sale, disposition, possession, transportation, or importation of narcotic drugs, marijuana, or depressant or stimulant drugs or substances is grounds for:

(1) Denial of an application for any certificate, rating, or authorization issued under this part for a period of up to 1 year after the date of final conviction; or

(2) Suspension or revocation of any certificate, rating, or authorization issued under this part.

(b) Committing an act prohibited by § 91.17(a) or § 91.19(a) of this chapter is grounds for:

(1) Denial of an application for a certificate, rating, or authorization issued under this part for a period of up to 1 year after the date of that act; or

(2) Suspension or revocation of any certificate, rating, or authorization issued under this part.

(c) For the purposes of paragraphs (d), (e), and (f) of this section, a motor vehicle action means:

(1) A conviction after November 29, 1990, for the violation of any Federal or State statute relating to the operation of a motor vehicle while intoxicated by alcohol or a drug, while impaired by alcohol or a drug, or while under the influence of alcohol or a drug;

(2) The cancellation, suspension, or revocation of a license to operate a motor vehicle after November 29, 1990, for a cause related to the operation of a motor vehicle while intoxicated by alcohol or a drug, while impaired by alcohol or a drug, or while under the influence of alcohol or a drug; or

(3) The denial after November 29, 1990, of an application for a license to operate a motor vehicle for a cause related to the operation of a motor vehicle while intoxicated by alcohol or a drug, while impaired by alcohol or a drug, or while under the influence of alcohol or a drug.

(d) Except for a motor vehicle action that results from the same incident or arises out of the same factual circumstances, a motor vehicle action occurring within 3 years of a previous motor vehicle action is grounds for:

(1) Denial of an application for any certificate, rating, or authorization issued under this part for a period of up to 1 year after the date of the last motor vehicle action; or

(2) Suspension or revocation of any certificate, rating, or authorization issued under this part.

(e) Each person holding a certificate issued under this part shall provide a written report of each motor vehicle action to the FAA, Civil Aviation Security Division (AMC-700), P.O. Box 25810, Oklahoma City, OK 73125, not later than 60 days after the motor vehicle action. The report must include:

(1) The person's name, address, date of birth, and airman certificate number;

(2) The type of violation that resulted in the conviction or the administrative action;

(3) The date of the conviction or administrative action;

(4) The State that holds the record of conviction or administrative action; and

(5) A statement of whether the motor vehicle action resulted from the same incident or arose out of the same factual circumstances related to a previously reported motor vehicle action.

(f) Failure to comply with paragraph (e) of this section is grounds for:

(1) Denial of an application for any certificate, rating, or authorization issued under this part for a period of up to 1 year after the date of the motor vehicle action; or

(2) Suspension or revocation of any certificate, rating, or authorization issued under this part.

Notes of Decisions
Cited in 18 cases, 1970–2018 · leading case: Zukas v. Hinson, 124 F.3d 1407 (11th Cir. 1997).
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Zukas v. Hinson, 124 F.3d 1407 (11th Cir. 1997). · cites it 7× “§ 44709 (1994) 3 and 14 C.F.R. § 61.15 (a) (1995) 4 on May 11, 1995.”
Frederick John Kratt v. Jane F. Garvey, Adm'r, Fed. Aviation Admin., 342 F.3d 475 (6th Cir. 2003). · cites it 3× “The FAA’s Complaint stated that Kratt’s pilot’s license was revoked pursuant to 14 C.F.R. § 61.15 (a)(2), 49 U.S.C. § 44709 (b), and 49 U.”
Ramaprakash v. Fed. Aviation Admin., 346 F.3d 1121 (D.C. Cir. 2003). “15 (codified at 14 C.F.R. § 61.15 (2003)), which requires pilots to provide the Federal Aviation Administration (FAA) with a written report of any “motor vehicle action” within sixty days.”
Kolek v. Engen, 869 F.2d 1281 (9th Cir. 1989). · cites it 3× “See 14 C.F.R. § 61.15 (a) (1988) (authorizing suspension or revocation of certificate where holder is convicted of state or federal crime relating to distribution of narcotics).”
Keith Allan Mines v. Nat'l Transp. Saf. Bd., 862 F.2d 617 (6th Cir. 1988). · cites it 2× “This matter is before the court on a petition for review of an order of the respondent National Transportation Safety Board [“NTSB”] that affirmed an order of the Federal Aviation Administration [“FAA”] revoking petitioner Keith Allan Mines’ Airline Transport Pilot Certificate…”
Larry Delbert Pinney v. Nat'l Transp. Saf. Bd., & Fed. Aviation Admin., 993 F.2d 201 (10th Cir. 1993). · cites it 2× “The FAA revoked Pinney’s certificates pursuant to 14 C.F.R. § 61.15 , 1 based on his conviction for conspiring knowingly and intentionally to import marijuana into the United States.”
Wise v. Peterson, 452 B.R. 203 (Bankr. S.D. Tex. 2011). · cites it 2× “See 14 C.F.R. § 61.15 (b)(2) (1973) (noting that the FAA may revoke or suspend a pilot's medical and pilot certificates if he violates § 91.”
Michael Huerta v. Jody Ducote, 792 F.3d 144 (D.C. Cir. 2015). · cites it 2× “In Armstrong, the Administrator sought to revoke a pilot’s certificate under 14 C.F.R. § 61.15 (d), which allows the Administrator to seek suspension or revocation of a certificate when the pilot has had two “motor vehicle action[s]” within the same 3 year period.”
Donald Lee Walters v. John L. McLucas Adm'r, Fed. Aviation Admin., 597 F.2d 1230 (9th Cir. 1979). · cites it 3× “In May 1976, the Federal Aviation Administration (FAA) revoked Petitioner’s pilot license because of his 1974 marijuana conviction, 14 C.F.R. § 61.15 , 1 and because *1232 of six violations of Federal Aviation Regulations committed during the flight on December 17, 1975.”
Cooper v. Nat'l Transp. Saf. Bd., 660 F.3d 476 (D.C. Cir. 2011). “14 C.F.R. § 61.15 (e). The section defines a "motor vehicle action” as (1) A conviction after November 29, 1990, for the violation of any Federal or State statute relating to the operation of a motor vehicle while intoxicated by alcohol or a drug, while impaired by alcohol or a…”
Singleton v. Babbitt, 588 F.3d 1078 (D.C. Cir. 2009). “14 C.F.R. § 61.15 (c)(2), (d) (providing that a pilot’s license or certificate may be revoked after two alcohol-related driver’s license suspensions within three years).”
Jesus John Hernandez v. Nat'l Transp. Saf. Bd., Fed. Aviation Admin., 15 F.3d 157 (10th Cir. 1994). “The NTSB found that, contrary to the ALJ’s conclusion, 14 C.F.R. § 61.15 (a) and corresponding FAA policy do not require that Mr.”
Show all 18 citing cases →
— 14 C.F.R. § 61.15(a) — 1 case
Zukas v. Hinson, 124 F.3d 1407 (11th Cir. 1997). “§ 44709 (1994) 3 and 14 C.F.R. § 61.15 (a) (1995) 4 on May 11, 1995.”
— 14 C.F.R. § 61.15(a)(2) — 1 case
Zukas v. Hinson, 124 F.3d 1407 (11th Cir. 1997). “§ 44709 (1994) 3 and 14 C.F.R. § 61.15 (a) (1995) 4 on May 11, 1995.”
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