New Medical/Alcohol Rule - FYI

[midlifeflyer]

The FAA published amendments to the FAR today that have the effect of making a BAC of 0.04 or greater an automatically disqualifying condition for medical certificates. It also makes a refusal to take a DOT blood or alcohol test when requested a disqualifying condition.

Under current FAA medical certificate practice, that first DUI may or may not disqualify you; under the new rule, it seems that even if the BAC is below the DUI limit and you are not charged, you will still lose your medical (probably subject to a special issuance in the "proper" case.

The full text of the amendments can be read here:
http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/E6-9814.htm
but here's one example of the change, from 67.207, the applicable rule for second class medicals:

Old rule:

==============================
Mental standards for a second-class airman medical certificate are:
(b) No substance abuse within the preceding 2 years defined as:

(2) A verified positive drug test result acquired under an anti-drug program or internal program of the U.S. Department of Transportation or any other Administration within the U.S. Department of Transportation;
==============================

New Rule:

==============================
Mental standards for a second-class airman medical certificate are:
(b) No substance abuse within the preceding 2 years defined as:

(2) A verified positive drug test result, an alcohol test result of 0.04 or greater alcohol concentration, or a refusal to submit to a drug or alcohol test required by the U.S. Department of Transportation or an agency of the U.S. Department of Transportation;
==============================

There are other parts to the amendments, including rules about reporting drug and alcohol tests and reporting requirements for employers.

 

[wrxpilot]

Yeah, I've pretty much stopped drinking after 1-2 drinks period if I'm going to be driving. A good thing to do anyway, this just adds icing to the cake. Can't imagine how horrible my life would be if I got popped.

 

[someguy]

Is the local police department or any police department for that matter considered to be an agency of the U.S. Department of Transportation?

 

[midlifeflyer]

Is the local police department or any police department for that matter considered to be an agency of the U.S. Department of Transportation?

No. The two parts (BAC and tests) are separate. It does not appear that the regulation addresses refusal to submit to a state-sponsored DUI test.

 

[A Squared]

Under current FAA medical certificate practice, that first DUI may or may not disqualify you; under the new rule, it seems that even if the BAC is below the DUI limit and you are not charged, you will still lose your medical (probably subject to a special issuance in the "proper" case.

Mark,

Your statement suggests that you could get pulled over for say a broken tail light (no erractic driving or other infractions) be given a field sobriety test, pass the field sobriety test, be given a breathalyzer test, blow a .045, be released with nothing other than a defect notice for the tail light, and still lose your medical. If that is what you are saying, I can't find anything that supports that in the document linked, although I haven't really studied it in depth. It seems to me that the changes refer to testing higher then 0.04 on a DOT mandated test related to employment at an air carrier, not just any Brethalyzer test that you might be administered in a situation having nothing to do with aviation. Can you comment on what you meant?

 

[midlifeflyer]

A -

I found that part of it hard to believe myself, but check out this language in the Final Rule (it's snipped):
==============================
How do driving under the influence (DUI) violations affect pilot
certificate holders?

***
This association [EAA] also believed the proposed rule would significantly affect pilot certificate holders who have received a DUI for drugs or alcohol. In addition, EAA asked if pilots are allowed one DUI before their medical certificate is revoked, saying that aviation medical examiners (AME) currently forgive the first DUI. *** EAA said it is not clear whether a DUI or a positive test result not related to flying can result in the loss of the airman's medical certificate.

***
Yes, an individual can lose his or her medical certificate for a DUI, DWI, test result, or refusal unrelated to flying. Losing a medical certificate for conduct unrelated to flying is not a new consequence resulting from this final rule.
==============================

It looks like the words in the new regs are to be taken at face value - the FAA now considers a 0.04 or above BAC at any time (or at least when the BAC is accompanied by some activity where it gets noticed enough to result in a test) evidence of substance abuse.

 

[Secret Squirrel]

No way. First there would be no record of such an event. You would have to be arrested and then given a BAC with a result of .40 or greater for there to be any record. Not likely unless you are also on drugs. But it does look like your first legitimate DUI is going to get ya a long break from aviation.

Second is the statement that it is required by the US DOT, a breath test for a DUI is not a required DOT breath test. What they are referring to is as a pilot using your medical certificate you are requested by any law officer (because a city cop has authority to require a breath test for DOT) to submit to a breath test.

New Rule:

==============================
Mental standards for a second-class airman medical certificate are:
(b) No substance abuse within the preceding 2 years defined as:

(2) A verified positive drug test result, an alcohol test result of 0.04 or greater alcohol concentration, or a refusal to submit to a drug or alcohol test required by the U.S. Department of Transportation or an agency of the U.S. Department of Transportation;
==============================

 

[midlifeflyer]

No way.

I hope you're right
New Rule:

==============================
Mental standards for a second-class airman medical certificate are:
(b) No substance abuse within the preceding 2 years defined as:

(2) A verified positive drug test result,

an alcohol test result of 0.04 or greater alcohol concentration,

or

a refusal to submit to a drug or alcohol test required by the U.S. Department of Transportation or an agency of the U.S. Department of Transportation;
==============================

The question is whether "required by the DOT" is only part of the last clause or modifies each of the other clauses as well.

 

[midlifeflyer]

The question is whether "required by the DOT" is only part of the last clause or modifies each of the other clauses as well.

Turns out it's the latter (whew).

The problem with the wording is that it could be read with the DOT limitation applying to each preceding clause or only to the refusal part. I though at first it was a bit too Draconian for you to get nailed by the FAA by =passing= a sobriety test in the DUI context, especially since there was not very much opposition to the rule. But then there was that EAA response that made me think it was possible.

Not liking the uncertainty, I went in search of the original Notice of Proposed Rule Making where I found that the rule is intended to apply to:

==============================
An alcohol test result of 0.04 or greater breath alcohol
concentration (BAC) on an alcohol test required by DOT or a DOT agency;
==============================

I'm so pleased to have been wrong.