Use of Alcohol or a Controlled Substance .—
An individual may not use alcohol or a controlled substance after , 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.
Rehabilitation Required To Resume Service .—
section 45105 of this titleNotwithstanding subsection (a) of this section, an individual found to have used alcohol or a controlled substance after , 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 .
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 , 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—
used the alcohol or controlled substance when on duty;
section 45105 of this title began or completed a rehabilitation program described in before using the alcohol or controlled substance; or
section 45105 of this title refuses to begin or complete a rehabilitation program described in after a finding by the Administrator under this section.
Pub. L. 103–272, § 1(e)108 Stat. 1222Pub. L. 107–71, title I, § 139(2)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.
Editorial Notes
Amendments
Pub. L. 107–712001— substituted “screening employee” for “screening contract employee” wherever appearing.