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Faa & Duis

Discussions relating to Drug Laws

Faa & Duis

Postby Feagh » Sun Dec 11, 2016 3:59 pm

What if you are a pilot and you were drinking on your off day and you get a dui and it is your 1st offense .What does the FAA do? Do they look at it case by case or is it just cut and dry?
Feagh
 
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Joined: Wed Feb 19, 2014 2:28 pm

Faa & Duis

Postby Normando » Mon Dec 12, 2016 8:17 am

Beth,

The Federal Aviation Regulations state:

§ 61.15   Offenses involving alcohol or drugs.

(a) A conviction for the violation of any Federal or State statute relating to the growing, processing, manufacture, sale, disposition, possession, transportation, or importation of narcotic drugs, marijuana, or depressant or stimulant drugs or substances is grounds for:

(1) Denial of an application for any certificate, rating, or authorization issued under this part for a period of up to 1 year after the date of final conviction; or

(2) Suspension or revocation of any certificate, rating, or authorization issued under this part.

(b) Committing an act prohibited by §91.17(a) or §91.19(a) of this chapter is grounds for:

(1) Denial of an application for a certificate, rating, or authorization issued under this part for a period of up to 1 year after the date of that act; or

(2) Suspension or revocation of any certificate, rating, or authorization issued under this part.

(c) For the purposes of paragraphs(d),(e), and(f) of this section, a motor vehicle action means:

(1) A conviction after November 29, 1990, for the violation of any Federal or State statute relating to the operation of a motor vehicle while intoxicated by alcohol or a drug, while impaired by alcohol or a drug, or while under the influence of alcohol or a drug;

(2) The cancellation, suspension, or revocation of a license to operate a motor vehicle after November 29, 1990, for a cause related to the operation of a motor vehicle while intoxicated by alcohol or a drug, while impaired by alcohol or a drug, or while under the influence of alcohol or a drug; or

(3) The denial after November 29, 1990, of an application for a license to operate a motor vehicle for a cause related to the operation of a motor vehicle while intoxicated by alcohol or a drug, while impaired by alcohol or a drug, or while under the influence of alcohol or a drug.

(d) Except for a motor vehicle action that results from the same incident or arises out of the same factual circumstances, a motor vehicle action occurring within 3 years of a previous motor vehicle action is grounds for:

(1) Denial of an application for any certificate, rating, or authorization issued under this part for a period of up to 1 year after the date of the last motor vehicle action; or

(2) Suspension or revocation of any certificate, rating, or authorization issued under this part.

(e) Each person holding a certificate issued under this part shall provide a written report of each motor vehicle action to the FAA, Civil Aviation Security Division(AMC–700), P.O. Box 25810, Oklahoma City, OK 73125, not later than 60 days after the motor vehicle action. The report must include:

(1) The person's name, address, date of birth, and airman certificate number;

(2) The type of violation that resulted in the conviction or the administrative action;

(3) The date of the conviction or administrative action;

(4) The State that holds the record of conviction or administrative action; and

(5) A statement of whether the motor vehicle action resulted from the same incident or arose out of the same factual circumstances related to a previously reported motor vehicle action.

(f) Failure to comply with paragraph(e) of this section is grounds for:

(1) Denial of an application for any certificate, rating, or authorization issued under this part for a period of up to 1 year after the date of the motor vehicle action; or

(2) Suspension or revocation of any certificate, rating, or authorization issued under this part.

What does the FAA do when an airman gets a DUI?

That depends on if the offense was reported by the pilot. While a MVA is "grounds" for denial of issuance or revocation certificates, a temporary suspension may be the judgement. Under the FAA DUI/DWI compliance program, all pilots must send a Notification Letter to the FAA’s Security and Investigations Division within 60 calendar days of the effective date of an alcohol-related conviction or administrative action. Under F.A.R. 61.15(c), alcohol-related convictions or administrative actions refer to "motor vehicle actions"(MVA).

What happens when an alcohol-related MVA is reported the FAA:

-Compiles a case file on the airman

-Verifies airman status

-Gets the airmans driver history from the state that holds the record

-Compares information from the Notification Letter to the information on the drivers history

The file will be closed if:

-The airman is not in violation of 61.15(d)(two MVAs within three years)

-The airman disclosed the action on their Application for Airman Medical(if applicable)

-The airman complied with 14 CFR 61.15(e)(Notification Letter)

If an airman fails to report an alcohol-related MVA and FAA finds out about it, they open a Letter of Investigation on the airmans pilot certificate which could result in a suspension or revocation when it is completed. It's is not "cut and dry" and they do evaluate each case but I have read that typically not reporting within the time limit results in a minimum 30 day suspension of any certificate, rating, or authorization issued. Even if not reported, the FAA will find out about a DUI. When a pilot goes for their aviation medical exam, FAA Form 8500-8 "Application for Airmen Medical" contains an express consent provision which authorizes the National Driver Register(NDR) to release information about the airmans driving record to FAA. They will use these records to determine if the airman has had a reportable alcohol-related MVA.

Here is a link of interest:http://www.risingup.com/forums/aviation-law-politics/1698-got-dui-faa-wants-susp...http://www.aerolegalservices.com/Articles/Second%20DWI.shtml

You can contact a FAA DUI/DWI investigator Monday through Friday from 8:00 a.m. to 4:30 p.m. CT at(405) 954-4848 with further questions. Hope this helps,

Dottie
Normando
 
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Faa & Duis

Postby Prescott » Mon Dec 12, 2016 4:03 pm

What if you are a pilot and you were drinking on your off day and you get a dui and it is your 1st offense .What does the FAA do? Do they look at it case by case or is it just cut and dry?
Prescott
 
Posts: 46
Joined: Mon Jan 06, 2014 9:37 am


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