FAA Rules Regarding Alcohol and Drug Convictions and Administrative Actions for Pilots
Federal Aviation Regulation (CFR) 91.17Code of Federal Regulations 91.17, pertaining to the use of drugs and alcohol by pilots, declares no person may operate or attempt to operate an airplane or aircraft, including helicopters, hot air balloons, gliders, etc. within 8 of hours of alcohol consumption, and/or while under the influence of alcohol or drugs, or with a BAC of .04% or above, or while ingesting any drug affecting safety adversely.
Federal Aviation Regulation (CFR) 61.15FAA Regulation 14 CFR 61.15 requires that all pilots and airmen remit a Letter of Notification Letter to the Federal Aviation Administration's Security and Investigations Division no later than 60 calendar days after a conviction or administrative penalty, such as DMV Admin Per Se License Suspension, for an alcohol or drug related offense, the effective date of an alcohol-related conviction or administrative action.
Separate Notification Letters for DMV & Court ActionsEach event, conviction or administrative action requires a separate Notification Letter. For example, an airman's driver license may be suspended at the time of arrest for driving under the influence of alcohol for either failing a blood/breath test or refusing to submit to a test.
In this case, the airman must send a Notification Letter regarding the suspension, and then must send a second Notification Letter if the alcohol related offense results in a conviction. (Note: Even though the airman sent two notification letters, the FAA views the suspension and conviction as one alcohol-related incident.)
Send Notification Letters to:Federal Aviation Administration Security
and Investigations Division (AMC-700)
P.O. Box 25810
Oklahoma City, OK 73125
or Fax to: (405) 954-4989
To speed processing, the letter must contain the following information:
o Date of Birth and Certificate Number
o Telephone Number
o Type of Violation (conviction and/or administrative action)
o Date(s) of Action(s)
o State Holding the Record
o Driver License Number or State ID Number (if not licensed)
o Statement whether this relates to a Previously Reported motor vehicle action (MVA) History
Note: In the eyes of the FAA, the biggest transgression is not being cited for DUI or DWI, or losing an administrative driver's license action. The most heavily sanctioned action is NOT reporting an adverse driver's license action to the FAA in a timely fashion.
Refusal to submit to a drug or alcohol testIn the event you refuse a test, your certificate, rating or authorization can be revoked for up to a year following the date of your refusal. As well, any application for a certificate, rating or authorization will be denied for the same period.
Offenses involving alcohol or drugsIf you are convicted for violating any Federal or State law regarding drugs you likewise will have your certificate, rating or authorization revoked for a year following the conviction or denied any application for same. This concerns the growing, processing, manufacture, sale, disposition, possession, transportation or importation of narcotic drugs, marijuana, depressant or stimulant drugs or substances.
Motor Vehicle Actions (MVA)A motor vehicle action on your record can mean one of several things:
o (a) a conviction for operating a motor vehicle while intoxicated, impaired or under the influence of alcohol or drugs
o (b) having a drivers license cancelled, suspended or revoked for DUI
o (c) having an application for a license denied for DUI
Having two MVAs taken against you within a 3-year period is grounds for suspension or revocation of any certificate, rating or authorization for 1 year after the date of the last action taken or application for same.
The National Driver Register (NDR)This is a computerized database of information about U.S. drivers. It contains records on those who have had their licenses revoked or suspended, or who have been convicted of serious traffic violations (e.g., driving while impaired by alcohol or drugs). Pilots applying for medical certificates must allow the FAA to query the NDR database. State motor vehicle agencies provide NDR with the names of individuals who have lost their driving privilege or who have been convicted of a serious traffic violation. When a person applies for a driver's license the state checks to see if the name is on the NDR file. If a person has been reported to the NDR as a problem driver, the application for a pilot's license may be denied.