[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: 14CFR135.251]

[Page 1116]
 
                     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. 135.251  Testing for prohibited drugs.

    (a) Each certificate holder or operator shall test each of its 
employees who performs a function listed in appendix I to part 121 of 
this chapter in accordance with that appendix.
    (b) Except as provided in paragraph (c) of this section, no 
certificate holder or operator may use any contractor to perform a 
function listed in appendix I part 121 of this chapter unless that 
contractor tests each employee performing such a function for the 
certificate holder or operator in accordance with that appendix.
    (c) If a certificate holder conducts an on-demand operation into an 
airport at which no maintenance providers are available that are subject 
to the requirements of appendix I to part 121 and emergency maintenance 
is required, the certificate holder may use persons not meeting the 
requirements of paragraph (b) of this section to provide such emergency 
maintenance under both of the following conditions:
    (1) The certificate holder must give written notification of the 
emergency maintenance to the Drug Abatement Program Division, AAM-800, 
800 Independence Avenue, Washington, DC, 20591, within 10 days after 
being provided same in accordance with this paragraph. A certificate 
holder must retain copies of all such written notifications for two 
years.
    (2) The aircraft must be reinspected by maintenance personnel who 
meet the requirements of paragraph (b) of this section when the aircraft 
is next at an airport where such maintenance personnel are available.
    (d) For purposes of this section, emergency maintenance means 
maintenance that--
    (1) Is not scheduled and
    (2) Is made necessary by an aircraft condition not discovered prior 
to the departure for that location.

[Doc. No. 25148, 53 FR 47061, Nov. 21, 1988, as amended by Amdt. 135-91, 
68 FR 54587, Sept. 17, 2003]