2015 US Code
Title 49 - Transportation (Sections 101 - 80504)
Subtitle VII - Aviation Programs (Sections 40101 - 50105)
Part A - Air Commerce and Safety (Sections 40101 - 46507)
Subpart iii - Safety (Sections 44101 - 45305)
Chapter 451 - Alcohol and Controlled Substances Testing (Sections 45101 - 45107)
Sec. 45103 - Prohibited service
| Publication Title | United States Code, 2012 Edition, Supplement 3, Title 49 - TRANSPORTATION |
| Category | Bills and Statutes |
| Collection | United States Code |
| SuDoc Class Number | Y 1.2/5: |
| Contained Within | Title 49 - TRANSPORTATION SUBTITLE VII - AVIATION PROGRAMS PART A - AIR COMMERCE AND SAFETY subpart iii - safety CHAPTER 451 - ALCOHOL AND CONTROLLED SUBSTANCES TESTING Sec. 45103 - Prohibited service |
| Contains | section 45103 |
| Date | 2015 |
| Laws In Effect As Of Date | January 3, 2016 |
| Positive Law | Yes |
| Disposition | standard |
| Source Credit | Pub. L. 103-272, §1(e), July 5, 1994, 108 Stat. 1222; Pub. L. 107-71, title I, §139(2), Nov. 19, 2001, 115 Stat. 640. |
| Statutes at Large References | 72 Stat. 731 105 Stat. 954 108 Stat. 1222 115 Stat. 640 |
| Public and Private Laws | Public Law 85-726, Public Law 102-143, Public Law 103-272, Public Law 107-71 |
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(a) Use of Alcohol or a Controlled Substance.—An individual may not use alcohol or a controlled substance after October 28, 1991, 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.
(b) Rehabilitation Required To Resume Service.—Notwithstanding subsection (a) of this section, an individual found to have used alcohol or a controlled substance after October 28, 1991, 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 section 45105 of this title.
(c) 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 October 28, 1991, 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—
(1) used the alcohol or controlled substance when on duty;
(2) began or completed a rehabilitation program described in section 45105 of this title before using the alcohol or controlled substance; or
(3) refuses to begin or complete a rehabilitation program described in section 45105 of this title after a finding by the Administrator under this section.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1222; Pub. L. 107–71, title I, §139(2), Nov. 19, 2001, 115 Stat. 640.)
| 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.
AMENDMENTS2001—Pub. L. 107–71 substituted "screening employee" for "screening contract employee" wherever appearing.
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