49 USC § 45103 - Prohibited service
(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—
(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.
(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—
(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.
Source
(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.)
| 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.
Amendments
2001—Pub. L. 107–71substituted “screening employee” for “screening contract employee” wherever appearing.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Friday, May 3, 2013
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| 49 USC | Description of Change | Session Year | Public Law | Statutes at Large |
|---|
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