49 U.S.C. § 45103

Prohibited service

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(a)Use of Alcohol or a Controlled Substance.—An individual may not use alcohol or a controlled substance after October 28, 1991, in violation of law or a United States Government regulation and serve as an airman, crewmember, airport security screening employee, air carrier employee responsible for safety-sensitive functions (as decided by the Administrator of the Federal Aviation Administration), or employee of the Administration with responsibility for safety-sensitive functions.(b)Rehabilitation Required To Resume Service.—Notwithstanding subsection (a) of this section, an individual found to have used alcohol or a controlled substance after October 28, 1991, in violation of law or a Government regulation may serve as an airman, crewmember, airport security screening employee, air carrier employee responsible for safety-sensitive functions (as decided by the Administrator), or employee of the Administration with responsibility for safety-sensitive functions only if the individual completes a rehabilitation program described in section 45105 of this title.(c)Performance of Prior Duties Prohibited.—An individual who served as an airman, crewmember, airport security screening employee, air carrier employee responsible for safety-sensitive functions (as decided by the Administrator), or employee of the Administration with responsibility for safety-sensitive functions and who was found by the Administrator to have used alcohol or a controlled substance after October 28, 1991, in violation of law or a Government regulation may not carry out the duties related to air transportation that the individual carried out before the finding of the Administrator if the individual—(1) used the alcohol or controlled substance when on duty;(2) began or completed a rehabilitation program described in section 45105 of this title before using the alcohol or controlled substance; or(3) refuses to begin or complete a rehabilitation program described in section 45105 of this title after a finding by the Administrator under this section.(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1222; Pub. L. 107–71, title I, § 139(2), Nov. 19, 2001, 115 Stat. 640.)

Historical and Revision Notes
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
45103(a)	49 App.:1434(b)(1).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 614(b); added Oct. 28, 1991, Pub. L. 102–143, § 3(a), 105 Stat. 954.
45103(b)	49 App.:1434(b)(2).
45103(c)	49 App.:1434(b)(3).

In subsection (b), the words “Notwithstanding subsection (a) of this section” are added for clarity.

Editorial NotesAmendments

2001—Pub. L. 107–71 substituted “screening employee” for “screening contract employee” wherever appearing.

Notes of Decisions

Cited in 1 case, 2009–2009 · leading case: BNSF Ry. Co. v. United States Dep't of Transp., 566 F.3d 200 (D.C. Cir. 2009).

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BNSF Ry. Co. v. United States Dep't of Transp., 566 F.3d 200 (D.C. Cir. 2009). “; see 49 U.S.C. § 45103 (c). Petitioners object that the Department’s reasoning is inconsistent with its treatment of post-accident testing.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.