Section 45103 - Prohibited service(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.| HISTORICAL AND REVISION NOTE |
| 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
AMENDMENTS2001- Pub. L. 107-71 substituted "screening employee" for "screening contract employee" wherever appearing.