[Code of Federal Regulations]
[Title 14, Volume 2]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR135.253]

[Page 1116-1117]
 
                     TITLE 14--AERONAUTICS AND SPACE
 
CHAPTER I--FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION 
                               (CONTINUED)
 
PART 135_OPERATING REQUIREMENTS: COMMUTER AND ON DEMAND OPERATIONS AND RULES 
 
                Subpart E_Flight Crewmember Requirements
 
Sec. 135.253  Misuse of alcohol.

    (a) This section applies to employees who perform a function listed 
in appendix J to part 121 of this chapter for a certificate holder or 
operator (covered employees). For the purpose of this section, a person 
who meets the definition of covered employee in appendix J is considered 
to be performing the function for the certificate holder or operator.
    (b) Alcohol concentration. No covered employee shall report for duty 
or remain on duty requiring the performance of safety-sensitive 
functions while having an alcohol concentration of 0.04 or greater. No 
certificate holder or operator having actual knowledge that an employee 
has an alcohol concentration of 0.04 or greater shall permit the

[[Page 1117]]

employee to perform or continue to perform safety-sensitive functions.
    (c) On-duty use. No covered employee shall use alcohol while 
performing safety-sensitive functions. No certificate holder or operator 
having actual knowledge that a covered employee is using alcohol while 
performing safety-sensitive functions shall permit the employee to 
perform or continue to perform safety-sensitive functions.
    (d) Pre-duty use. (1) No covered employee shall perform flight 
crewmember or flight attendant duties within 8 hours after using 
alcohol. No certificate holder or operator having actual knowledge that 
such an employee has used alcohol within 8 hours shall permit the 
employee to perform or continue to perform the specified duties.
    (2) No covered employee shall perform safety-sensitive duties other 
than those specified in paragraph (d)(1) of this section within 4 hours 
after using alcohol. No certificate holder or operator having actual 
knowledge that such an employee has used alcohol within 4 hours shall 
permit the employee to perform or continue to perform safety-sensitive 
functions.
    (e) Use following an accident. No covered employee who has actual 
knowledge of an accident involving an aircraft for which he or she 
performed a safety-sensitive function at or near the time of the 
accident shall use alcohol for 8 hours following the accident, unless he 
or she has been given a post-accident test under appendix J of part 121 
of this chapter, or the employer has determined that the employee's 
performance could not have contributed to the accident.
    (f) Refusal to submit to a required alcohol test. A covered employee 
may not refuse to submit to any alcohol test required under appendix J 
to part 121 of this chapter. An operator or certificate holder may not 
permit an employee who refuses to submit to such a test to perform or 
continue to perform safety-sensitive functions.

[Amdt. 135-48, 59 FR 7396, Feb. 15, 1994, as amended by Amdt. 135-105, 
71 FR 35765, June 21, 2006]