14 C.F.R. § 61.16
Refusal to submit to an alcohol test or to furnish test results
A refusal to submit to a test to indicate the percentage by weight of alcohol in the blood, when requested by a law enforcement officer in accordance with § 91.17(c) of this chapter, or a refusal to furnish or authorize the release of the test results requested by the Administrator in accordance with § 91.17(c) or (d) of this chapter, is grounds for:
(a) 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 that refusal; or
(b) Suspension or revocation of any certificate, rating, or authorization issued under this part.
Notes of Decisions
Cited in 5
cases, 1970–1977 · leading case: In Re Air Crash Disaster Near Silver Plume, Colo., 445 F. Supp. 384 (D. Kan. 1977).
In Re Air Crash Disaster Near Silver Plume, Colo., 445 F. Supp. 384 (D. Kan. 1977). “The pilot in command of N464M was required to possess a Martin 404 type rating pursuant to the provisions of 14 C.F.R. § 61.16 (a)(1) (1970), but the co-pilot was not.”
Ranger Ins. Co. v. Phillips, 544 P.2d 250 (Ariz. Ct. App. 1976). “14 C.F.R. § 61.16 (d)(1) and § 61.16(b). It was therefore quite impossible for Culberson, at any time, to receive an “instrument flight rating” or any other rating.”
Clemente v. United States, 426 F. Supp. 1 (D.P.R. 1977). “To the extent that our prior opinion held that Rivera was not authorized to fly as copilot, said finding is modified pursuant to 14 CFR 61.16 and 61.3(a). 2 . See the testimonies of Delgado Cintron and F.”
Roach v. Churchman, 431 F.2d 849 (8th Cir. 1970). “A special section, 14 C.F.R. § 61.16 , entitled General limitations, states that no person may act as pilot in command of a small aircraft carrying another person or operating for compensation or hire unless he holds a category and class rating for that aircraft.”
Ranger Ins. v. Culberson, 454 F.2d 857 (5th Cir. 1971). “And we are now asked to conclude that this fact suspended insurance coverage. Actually, what Ranger asks us to do is to invalidate the insurance policy.”
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