Prohibited service

  1. Law
  2. USC 49
  3. Transportation
  4. AVIATION PROGRAMS
  5. AIR COMMERCE AND SAFETY
  6. safety
  7. ALCOHOL AND CONTROLLED SUBSTANCES TESTING
  8. Prohibited service

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§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.

( 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. 107–71 substituted "screening employee" for "screening contract employee" wherever appearing.


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