49 U.S. Code § 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—
(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.

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.)

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.
Amendments

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

This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


14 CFR - Aeronautics and Space

14 CFR Part 61 - CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND INSTRUCTORS

14 CFR Part 63 - CERTIFICATION: FLIGHT CREWMEMBERS OTHER THAN PILOTS

14 CFR Part 65 - CERTIFICATION: AIRMEN OTHER THAN FLIGHT CREWMEMBERS

14 CFR Part 120 - DRUG AND ALCOHOL TESTING PROGRAM

14 CFR Part 135 - OPERATING REQUIREMENTS: COMMUTER AND ON DEMAND OPERATIONS AND RULES GOVERNING PERSONS ON BOARD SUCH AIRCRAFT

14 CFR Part 141 - PILOT SCHOOLS

14 CFR Part 142 - TRAINING CENTERS

49 CFR - Transportation

49 CFR Part 40 - PROCEDURES FOR TRANSPORTATION WORKPLACE DRUG AND ALCOHOL TESTING PROGRAMS

 

LII has no control over and does not endorse any external Internet site that contains links to or references LII.