Flying an Aircraft Under the Influence: Legal Implications
Flying an aircraft under the influence is strictly prohibited by both Federal Aviation Administration (FAA) regulations and federal laws. According to 14 CFR 91.17, no person may operate or attempt to operate an aircraft within eight hours of consuming alcohol, while under the influence of alcohol, or with a blood alcohol content (BAC) of 0.04% or greater.
Additionally, under federal law (49 U.S.C. § 46306), it is a criminal offense to operate an aircraft while under the influence of alcohol or drugs. Penalties for violating these regulations can include fines, imprisonment, or both.
Florida State statutes also address the issue. Section 316.193 of the Florida Statutes prohibits operating a vehicle, including aircraft, under the influence of alcoholic beverages, chemical substances, or controlled substances. Violating this statute can result in criminal charges, including fines, license suspension, and imprisonment.
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Florida Statutes on Flying Under the Influence
Florida Statute 316.193 outlines the specific provisions related to operating an aircraft under the influence. It states that:
No person shall operate an aircraft or vehicle while under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that the person’s normal faculties are impaired.
The statute further specifies the penalties for such offenses, including fines, imprisonment, and the possibility of mandatory alcohol or drug treatment programs.
Conclusion
It is crucial for pilots and operators to adhere to both federal regulations and state statutes regarding flying an aircraft under the influence. The legal consequences are severe, and compliance is essential to ensure aviation safety and uphold the law.
For Legal Assistance, Contact Casey, the Lawyer
Let us help you 813.222.2220
If you require legal advice or representation, it’s recommended to contact a qualified attorney. Casey, the lawyer, can be reached at 813-222-2220. Consult with legal professionals for the most accurate and up-to-date information on this matter.
Recent Incidents of Flying Under the Influence in Florida
- The St Petersburg Times reported a Florida-bound pilot was removed from the cockpit after a Transportation Security Administration (TSA) agent reported concerns about potential intoxication to the police. Upon police intervention, the pilot underwent a breathalyzer test, revealing a blood alcohol content approximately four times over the Federal Aviation Administration (FAA) limit of 0.04%.
- Florida Today reported A defendant has been sentenced to five years of probation and is required to surrender their pilot’s license. The possibility of reapplying for the license is contingent upon the completion of 50 hours of community service, as specified by a Circuit Judge. Additionally, the individual is prohibited from possessing or consuming alcohol, must undergo regular testing, and is obligated to pay a $575 fee to the Orlando Melbourne International Airport Police Department.The case involves a Florida Pilot who attempted to take off in a Cessna aircraft while intoxicated, resulting in a crash into an antenna shed with their son on board. The pilot, , pleaded no contest to state charges of child neglect and operating an aircraft while under the influence in the incident that occurred at Orlando Melbourne International Airport.
- WESH reported a Florida pilot made an emergency landing on a busy stretch of an Interstate Highway. A small plane touched down in the highway and successfully avoided all vehicles on the interstate, and the pilot, the sole occupant, sustained minor injuries.The initial investigation, as reported by the highway patrol, indicates that the pilot radioed in an emergency landing due to fuel depletion. Subsequent tests revealed the pilot was intoxicated, leading to an arrest. While the plane did strike a guardrail during the emergency landing, no other significant damage was reported. The pilot is suspected to have been under the influence of a combination of alcohol and drugs.Flight records from Flight Aware show that the pilot and the aircraft landed in Daytona Beach, Florida, and then departed Florida late Thursday night before the emergency landing on the interstate.Fortunately, the incident occurred in the early morning hours when traffic on the interstate was minimal. The pilot faces six possible charges, including DWI, Careless and Imprudent driving involving a crash, felony possession of a controlled substance, felony unlawful possession of a firearm, possession of less than 10 grams of marijuana, and unlawful possession of drug paraphernalia.The Federal Aviation Administration will conduct a thorough investigation into this incident.
Federal Regulations on Pilots Flying Under the Influence
When a pilot is convicted of flying an aircraft under the influence of alcohol or drugs, the consequences typically extend beyond criminal penalties. The Federal Aviation Administration (FAA) has specific regulations and procedures in place to address such violations.
The Federal Aviation Administration (FAA) regulations regarding the immediate revocation of a pilot certificate for flying under the influence of alcohol are primarily outlined in 14 CFR 61.15. This regulation empowers the FAA to take prompt action when a pilot is convicted of or found to be operating an aircraft under the influence.
14 CFR 61.15: Alcohol and Drug Violations
Immediate Suspension or Revocation:
- Paragraph (a): This section stipulates that a conviction for the violation of any federal or state statute prohibiting the operation of an aircraft under the influence of alcohol or drugs results in the “suspension or revocation of any airman certificate.”
- Paragraph (b): The FAA is authorized to suspend or revoke a pilot certificate for up to 1 year if it determines that a pilot has been found to operate an aircraft:
- While under the influence of alcohol to a degree that affects safety.
- While using any drug that affects the person’s faculties in any way contrary to safety.
- While having a blood alcohol concentration (BAC) of 0.04% or greater.
Reporting Requirements:
- Paragraph (c): Pilots are required to report motor vehicle actions, including convictions for alcohol-related offenses, to the FAA within 60 days. Failure to do so can result in additional enforcement actions.
Rehabilitation:
- Paragraph (d): The regulation outlines a provision for reinstatement after suspension or revocation. A person whose certificate has been revoked or suspended under this section may be eligible for reinstatement after demonstrating rehabilitation.
Immediate Action by the FAA:
- The FAA has the authority to take swift action upon receiving notice of a conviction or finding of operating an aircraft under the influence. This is done to address potential threats to aviation safety promptly.
- The severity of the penalty, whether it’s suspension or revocation, depends on factors such as the nature of the offense, the pilot’s history, and the risk posed to aviation safety.
Importance of Compliance:
- Adherence to these regulations is crucial for maintaining the integrity of the aviation system and ensuring the safety of air travel. Pilots should be aware of the consequences and obligations outlined in 14 CFR 61.15 and promptly report any relevant motor vehicle actions to the FAA.
It’s essential to consult the most recent version of the regulations for the latest details.
Consequences of Alcohol and Drug Violations by Pilots
- Suspension or Revocation of Pilot’s Certificate:
- Immediate Action: The FAA has the authority to take immediate action against a pilot’s certificate upon receiving notice of a conviction for flying under the influence. This can result in the suspension or revocation of the pilot’s certificate.
- Review Process: The FAA conducts a thorough review process to determine the appropriate action. The severity of the penalty depends on factors such as the nature of the offense, the pilot’s history, and the level of risk posed to aviation safety.
- Notification Requirements:
- Pilots are required to report any alcohol-related motor vehicle actions (including convictions for driving under the influence) to the FAA within 60 days. Failure to do so can lead to additional enforcement actions.
- Reinstatement Procedures:
- If a pilot’s certificate is suspended or revoked, the pilot may need to go through a reinstatement process. This may involve meeting certain conditions, attending rehabilitation programs, and demonstrating rehabilitation and fitness to operate an aircraft safely.
- Medical Certificate Implications:
- Pilots are also required to hold a valid medical certificate to exercise the privileges of their pilot’s certificate. A conviction for flying under the influence can impact the pilot’s ability to obtain or retain a medical certificate.
- Legal Consequences:
- In addition to FAA actions, pilots may face criminal penalties, fines, and imprisonment as per federal and state laws. The legal consequences can vary based on the severity of the offense and any resulting harm.
- Professional Repercussions:
- Pilots may face professional repercussions beyond regulatory and legal consequences. Airlines and employers often have strict policies regarding substance abuse, and a conviction can lead to termination or other employment-related actions.
It’s important to note that the FAA takes a serious stance on alcohol- and drug-related offenses due to the potential impact on aviation safety. Pilots should be aware of and adhere to both federal regulations and state laws regarding alcohol and drug use, both in the operation of aircraft and in their personal lives.
For Legal Assistance, Contact Casey, the Lawyer
If you require legal advice or representation, it’s recommended to contact a qualified attorney. Casey, the lawyer, can be reached at 813-222-2220. Consult with legal professionals for the most accurate and up-to-date information on this matter.
Flying an Aircraft Under the Influence: Legal Implications
Flying under the influence violates strict Federal Aviation Administration (FAA) regulations and federal laws, with penalties ranging from fines to imprisonment. According to 14 CFR 91.17, operating an aircraft within eight hours of alcohol consumption or with a BAC exceeding 0.04% is prohibited. Federal law (49 U.S.C. § 46306) criminalizes flying under the influence, adding further legal consequences. Florida State statutes, particularly Section 316.193, extend these prohibitions, imposing fines, license suspension, and imprisonment for offenders. Recent incidents in Florida highlight the legal complexities and severe consequences.
Let us help you 813.222.2220
Here is a summary of the FAA Brochure on Impaired Pilots:
FAA on Flying Impaired Part 1 Alcohol and Flying: A Critical Combination
Introduction:
Engaging in flying, while exhilarating, demands precision and is unforgiving. Any factor impairing a pilot’s ability poses a risk, and alcohol use is a significant self-imposed stressor that should be eradicated from the cockpit.
Alcohol Avoidance:
Complete avoidance of alcohol is essential for every pilot, comparable in importance to flight planning, preflight inspections, adherence to ATC procedures, and weather avoidance.
Regulatory Framework:
Referencing Department of Transportation/Federal Aviation Administration regulations (14 CFR Part 121), individuals in safety-sensitive roles are subject to drug and alcohol testing. This includes temporary removal for breath alcohol concentrations between 0.02 – 0.039.
General Recommendations:
- Adherence to guidelines (14 CFR Part 91.17), including the “8 hours from bottle to throttle” rule.
- A more conservative approach recommends waiting 24 hours from the last use of alcohol, especially after intoxication or for IFR flights.
- Consider hangover effects and acknowledge hazards associated with combining alcohol consumption and flying.
- Recognize the risks and exercise good judgment.
- Emphasizes that regulations alone do not guarantee safety; pilots must understand the negative effects of alcohol on flight safety.
Additional Insights:
Over 50% of American adults consume alcohol, with per capita consumption around 25 gallons per year. Alcoholic beverages are marketed in various forms, but their total alcohol content matters more than concentration. Different alcoholic beverages can have similar total alcohol content. Provides a formula for calculating total alcohol content: “Proof” divided by 2 equals percent pure alcohol.
Summary:
The brochure emphasizes the critical importance of avoiding alcohol while flying and the need for pilots to understand the detrimental effects of alcohol on flight safety. It encourages responsible decision-making and highlights the broader context of regulations within the aviation industry.
FAA on Flying Impaired Part 2
Understanding Alcohol and its Impact on Safety-Related Activities
Introduction:
Alcoholic beverages, commonly used for relaxation and socializing, are ingrained in our society, often associated with rites of passage into adulthood. However, problems arise when alcohol use intersects with safety-related activities such as driving and flying.
Hard Facts about Alcohol:
- A sedative, hypnotic, and addicting drug, alcohol impairs judgment swiftly, contributing to behavior that can cause accidents.
- Its effects vary based on factors like gender, body weight, consumption rate, and total amount consumed.
- The body eliminates alcohol at a constant rate, approximately 1/3 to 1/2 oz. per hour, irrespective of the total amount consumed.
- Hangover effects can persist for 48 to 72 hours after the last drink.
Effects on Pilots:
- Adverse effects on crucial organs for pilots: brain, eyes, and inner ear.
- Impaired reaction time, reasoning, judgment, and memory due to decreased brain oxygen utilization.
- Visual symptoms include double vision and difficulty focusing.
- Inner ear effects lead to dizziness and decreased hearing perception.
- Negative effects are magnified when combined with variables like sleep deprivation, fatigue, medication use, altitude hypoxia, or flying in challenging conditions.
Studies on Pilot Performance:
- Pilots exhibit impairment even in routine flight tasks under the influence of alcohol.
- Serious errors increase significantly at or above 0.04% blood alcohol concentrations.
Hangovers as Risks:
- Hangovers, with symptoms like headache and impaired judgment, can be as dangerous as acute intoxication.
- Pilots with hangover symptoms are unfit to operate an aircraft and may be perceived as under the influence of alcohol.
Alcohol Tolerance:
- Tolerance, a compensatory change in the brain and body to sedative effects, is dangerous.
- Tolerant individuals may perform complex tasks at high blood alcohol concentrations despite cognitive impairment.
- Under 14 CFR Part 67, tolerance is evidence of alcohol dependence.
Conclusion:
Understanding the effects of alcohol on safety-related activities is crucial. This overview provides insights into the rapid impairment caused by alcohol, its lingering impact, and the dangerous interplay between alcohol and piloting. Responsible decision-making and awareness are essential for individuals engaged in safety-sensitive tasks.
References:
- Medical Standards and Certification, 14 CFR Pt. § 67.107 (2012)
- Alejandro Caro-Nuñez T, Chidester T. Literature Review and Recommendations Concerning Alcohol Tolerance Under Part 67. Washington, DC: Office of Aerospace Medicine; 2018. DOT/FAA/AM-18/5
- Alcohol Facts and Statistics. NIH National Institute on Alcohol Abuse and Alcoholism Web Site. Updated June 2017. Accessed October 20, 2017.
- Dubowski KM. Absorption, distribution and elimination of alcohol: highway safety aspects. J Stud Alcohol. 1985;10:98–108.
- https://www.faa.gov/pilots/safety/pilotsafetybrochures/media/alcohol.pdf
