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DUI and Alcohol Motor Vehicle Action Reporting
 
Open/Close text I recently had a second DUI, should I be concerned?

Yes. Recent changes in FAA medical standards Part 67 have affected the Federal Air Surgeon?s (FAS) guidance to your aviation medical examiner (AME).  As of September 1996, Federal Air Regulation Part 67.107, 67.207, 67.307, the following standards are required to hold an airman medical certificate of :

(b) No substance abuse within the preceding 2 years defined as:

(1) Use of a substance in a situation in which that use was physically hazardous, if there has been at any other time an instance of the use of a substance also in a situation in which that use was physically hazardous."

A "substance" is defined in the regulation as "Alcohol; other sedatives and hypnotics; anxiolytics; opioids; central nervous system stimulants such as cocaine, amphetamines, and similarly acting sympathomimetics; hallucinogens; phencyclidine or similarly acting arylcyclohexylamines; cannabis; inhalants; and other psychoactive drugs and chemicals..."

The FAS has determined that a conviction or administrative action related to driving and alcohol use (DUI, DWI, etc.) would be considered "a situation in which that use was physically hazardous".  The following conditions require an AME to defer the issuance of an airman medical certificate when a pilot reports this on an FAA application:

 Deferral Criteria: The Examiner must defer certification for any of the following:

-- Inability to obtain and review the court and arrest records within 14 days of the date of the exam

-- For the alcohol- or drug-related driving incidents:

  • Any arrest, conviction, and/or administrative action for which the applicant registers a blood alcohol level 0.15 or higher
  • Any arrest, conviction, and/or administrative action for which the applicant refused blood alcohol testing
  • Any arrest, conviction, and/or administrative action within the preceding 2 years AND THERE HAS BEEN ANOTHER arrest, conviction and/or administrative action AT ANY OTHER TIME
  • Total of 3 arrest(s), conviction(s), and/or administrative action(s) within a lifetime
  • Total of 2 arrest(s), conviction(s), and/or administrative action(s) within the preceding 10 years

The deferral generally result in a request for a drug and alcohol abuse evaluation from the FAA Medical Certification Division in Oklahoma City.  If the evaluation determines that there is no diagnosis of drug or alcohol abuse/dependence, the airman certificate will be issued by FAA. This process can be time consuming ( 6-10 weeks) during which time an airman will be without a medical certificate.

For more info you can go to the FAA DUI/DWI home page.  

Anyone involved with a driving offense related to alcohol/drug may want to contact VFS for assistance. We can assist in attempting to prevent such delays at the time of the pilots next FAA medical exam. Remember every situation is different.
 

 

Open/Close text What are my reporting responsibilities under the FARs regarding drug/alcohol related offenses?

In addition to reporting the offense on your next FAA Application for Airman Medical Certification, you must report to FAA Civil Aviation Security Division as outlined in the following regulation:

FAR Part 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 Sec. 91.17(a) or Sec. 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:

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;

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 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:

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

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.

(Download FAA DUI Reporting Form Letter)

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.

Contact FAA directly for more info at FAA DUI/DWI home page.  

Anyone involved with a driving offense related to alcohol/drug may want to contact VFS assistance. We can assist in attempting to prevent such delays at the time of the pilots next FAA medical exam. Remember every situation is different.

Open/Close text Reporting Requirements for Other Motor Vehicle Actions

Item 18v of FAA Form 8500-8, Application for Airman Medical Cerificate, requires reporting of any conviction or administrative action that results in denial, suspension, cancellation, or revocation of driving privileges OR which results in attendance at an eductation or a rehabilitation program.  Note that this "motor vehicle action" does not have to be related to the use of alcohol or drugs.  In this case, however, the airman does not have to separately report to securities as well.  Aggressive driving such as "road rage" may still result in the FAA medical authority requiring further assessment to determine if an airman is an acceptable aviation risk.

Open/Close text Several years ago....

Several years ago, I was concerned with my alcohol use. I began attending Alcoholic's Anonymous (AA) meetings for this reason. Although never diagnosed as alcohol dependant or alcoholic, I believe now that I probably am and would now like to "set the record straight" with the FAA. What should I do?

Attendance at AA is not a disqualifying medical condition. FAA will consider your history carefully, but will most likely require only a short statement from you, your AA sponsor and perhaps some documentation that there have been no alcohol related problems on the job. FAA fully understands the AA recovery process and is supportive of individuals coming forward in this declaration. All cases are very individual and we strongly advise you contact VFS prior to communicating with the FAA.  Be assured, all information is strictly confidential.

 

Open/Close text VFS Aeromedical Assistance

For a more specific personal explanation to your questions or those concerning aeromedical certification, contact VFS for a private consultation.   For help in reporting treatment for and obtaining clearance from the FAA to fly with these conditions, refer to the VFS Confidential Questionnaire. If you are a VFS Corporate Member, these services are FREE to you.

See our articles on:

  • Drug and Alcohol Treatment and Abatement Programs for corporate aviation flight departments and professional pilots.  
  • Aviation International News article Feb 04 on VFS Substance Abuse Prevention Program (Press Release in VFS News Section) and 
  • Aviation International News June 04 NBAA / Flight Safety Foundation 2004 Corporate Aviation Safety Seminar presentation by Dr. Snyder
    - Substance Abuse in Aviation (VFS News Section)
 
 
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