Ala. Admin. Code r. 710-X-1-.05

Current through Register Vol. 43, No. 1, October 31, 2024

Section 710-X-1-.05 - Fitness Of Pilots

(1) Annual Physical Examination. Each active bar pilot shall annually submit to the Commission written evidence of an annual medical examination, sufficient to satisfy the Commission of the fitness for duty of the pilot.

(2) Submission of Examination Reports. A pilot shall, within three days of taking, submit or ask his physician to submit to the Commission a written report of the findings of any medical examination ("medical examination" does not include a visit to a physician for treatment of an insignificant temporary condition, not interfering with fitness as a pilot).

(3) Special Examinations. If the Commission has any reasonable basis for doing so, it may request that an active bar pilot, as a condition for continued licensure, submit to an immediate medical, mental or drug-free examination, and may suspend the pilot's branch pending the examination, in accordance with Rule 5F.

(4) Periodic Drug-Free Certificate. Each licensed bar pilot shall submit to the Commission, every six months, a "drug-free certificate" or other evidence of the successful passing of a drug or chemical test:

(a) described under 46 CFR § 16.220 (periodic drug testing requirements for merchant marine personnel), or

(b) approved by the Coast Guard, or

(c) as may be otherwise approved by the Commission. The test and laboratory shall be approved by the U.S. Coast Guard or Department of Transportation under 46 CFR §§ 16.101, et seq., or other federal regulation, or approved by the Commission. Failure to pass any drug-free test shall result in immediate suspension of the pilot's license, until a drug- free certificate is submitted to the Commission.

(5) Intoxication While Operating Vessel, Etc. To maintain simplicity and uniformity, and to assure adequate protection, certain federal regulations, namely, the provisions of 33 CFR Part 95 (§§95.00 et seq.) ("Vessel Operating Regulations -- Operating a Vessel While Intoxicated") are adopted as regulations of the Commission. The license of any pilot who is found by the United States Coast Guard or by the Commission to have operated a vessel while under the influence of alcohol or of marijuana, cocaine, opiates, amphetamines, phencyclidine or any other controlled substance, shall be immediately and automatically revoked.

(6) Emergency Administrative Suspension. If for any reason the Commission finds that there is reasonable cause to suspect that a pilot is not physically or mentally fit for duty, or is subject to the influence of drugs or (while on duty) alcohol, it may immediately and temporarily suspend his license for a period of up to seven days, to allow time for appropriate medical, mental, drug, or licensure examinations, hearings, and proceedings to be instituted and to take place. In exceptional circumstances specifically found by the Commission in writing, this suspension may be extended for thirty additional days.

(7) Reinstatement to Active Status. Any pilot who is deemed inactive (6 months) according to the By-Laws, will require no less than five (5) round trips, half of which need to be at night, before being reinstated to active status.

Ala. Admin. Code r. 710-X-1-.05

Filed February 1, 1991.

Amended by Alabama Administrative Monthly Volume XXXVIII, Issue No. 05, February 28, 2020, eff. 4/13/2020.

Author: Jeffery J. Hartley

Statutory Authority:Code of Ala. 1975, § 33-4-11.