(a) No person may act or attempt to act as a crewmember of a civil aircraft—
(1) Within 8 hours after the consumption of any alcoholic beverage;
(2) While under the influence of alcohol;
(3) While using any drug that affects the person's faculties in any way contrary to safety; or
(4) While having an alcohol concentration of 0.04 or greater in a blood or breath specimen. Alcohol concentration means grams of alcohol per deciliter of blood or grams of alcohol per 210 liters of breath.
(b) Except in an emergency, no pilot of a civil aircraft may allow a person who appears to be intoxicated or who demonstrates by manner or physical indications that the individual is under the influence of drugs (except a medical patient under proper care) to be carried in that aircraft.
(c) A crewmember shall do the following:
(1) On request of a law enforcement officer, submit to a test to indicate the alcohol concentration in the blood or breath, when—
(i) The law enforcement officer is authorized under State or local law to conduct the test or to have the test conducted; and
(ii) The law enforcement officer is requesting submission to the test to investigate a suspected violation of State or local law governing the same or substantially similar conduct prohibited by paragraph (a)(1), (a)(2), or (a)(4) of this section.
(2) Whenever the FAA has a reasonable basis to believe that a person may have violated paragraph (a)(1), (a)(2), or (a)(4) of this section, on request of the FAA, that person must furnish to the FAA the results, or authorize any clinic, hospital, or doctor, or other person to release to the FAA, the results of each test taken within 4 hours after acting or attempting to act as a crewmember that indicates an alcohol concentration in the blood or breath specimen.
(d) Whenever the Administrator has a reasonable basis to believe that a person may have violated paragraph (a)(3) of this section, that person shall, upon request by the Administrator, furnish the Administrator, or authorize any clinic, hospital, doctor, or other person to release to the Administrator, the results of each test taken within 4 hours after acting or attempting to act as a crewmember that indicates the presence of any drugs in the body.
(e) Any test information obtained by the Administrator under paragraph (c) or (d) of this section may be evaluated in determining a person's qualifications for any airman certificate or possible violations of this chapter and may be used as evidence in any legal proceeding under section 602, 609, or 901 of the Federal Aviation Act of 1958.
[Docket 18334, 54 FR 34292, Aug. 18, 1989, as amended by Amdt. 91-291, June 21, 2006]
Notes of Decisions
Christopher Scott Hughes v. Eleventh Jud., 377 F.3d 1258 (11th Cir. 2004).
· cites it 7× “Any argument that field preemption in the present case is facially conclusive is severely undercut by 14 C.F.R. § 91.17 . The district court cited multiple regulations enacted by the FAA as support for the court’s determination that it was “readily apparent” the FAA had occupied…”
United States v. Sean Fitzgerald, 906 F.3d 437 (6th Cir. 2018).
· cites it 4× “14 C.F.R. § 91.17 (a)(4). The government charged Fitzgerald with operating a common carrier while under the influence of alcohol in violation of 18 U.”
Hughes v. State, 943 So. 2d 176 (Fla. 3d DCA 2006).
· cites it 4× “17(c) of the Code of Federal Regulations provides: (c) A crewmember shall do the following: (1) On request of a law enforcement officer, submit to a test to indicate the percentage by weight of alcohol in the blood, when (i) The law enforcement officer is authorized under…”
Elassaad v. Indep. Air, Inc., 613 F.3d 119 (3rd Cir. 2010).
“”); 14 C.F.R. § 91.17 (a)(2) ("No per *129 son may act or attempt to act as a crewmember of a civil aircraft — While under the influence of alcohol.”
United States v. Cope, 676 F.3d 1219 (10th Cir. 2012).
· cites it 2× “Title 14 C.F.R. § 91.17 (a) provides: No person may act or attempt to act as a crewmember of a civil aircraft— (1) Within 8 hours after the consumption of any alcoholic beverage; (2) While under the influence of alcohol; (3) .”
Harrison v. Schwartz, 572 A.2d 528 (Md. 1990).
· cites it 2× “Term, 1986 (filed 23 June 1987) (unreported). [2] Condition 7 is not at issue in this appeal.”
Crout v. Haverfield Int'l, Inc., 269 F. Supp. 3d 90 (W.D.N.Y. 2017).
“, 14 C.F.R. § 91.17 (requirements with respect to use of alcohol or drugs by crewmem-bers).”
Cloyd v. State, 943 So. 2d 149 (Fla. 3d DCA 2006).
· cites it 4× “17(c) of the Code of Federal Regulations provides: (c) A crewmember shall do the following: (1) On request of a law enforcement officer, submit to a test to indicate the percentage by weight of alcohol in the blood, when (i) The law enforcement officer is authorized under…”
Hosto v. Union Elec. Co., 51 S.W.3d 133 (Mo. Ct. App. 2001).
“The law does not tolerate any level of intoxication in pilots. FAA regulations strictly prohibit persons from acting or attempting to act as a crewmember of a civil aircraft within 8 hours of consuming any alcoholic beverage.”
Robert K. Johnson v. Nat'l Transp. Saf. Bd., 979 F.2d 618 (7th Cir. 1992).
“14 C.F.R. § 91.17 (a)(4). The agency has noted that consumption of even a small quantity of alcohol negatively affects an individual’s "judgement, coordination, performance and reaction time.”
Swaters v. Osmus, 568 F.3d 1315 (11th Cir. 2009).
“” 14 C.F.R. § 91.17 (a)(3). Regulation 121.”
— 14 C.F.R. § 91.17(a)(3) — 1 case
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