republic-os/legal/us/code/title-49/chapter-451/section-45103.md

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LegalText	49 U.S.C. § 45103	Prohibited service	us	united_states_code	code_section	49	TRANSPORTATION	451	ALCOHOL AND CONTROLLED SUBSTANCES TESTING	45103	49 U.S.C. § 45103	current	119-100	2026-06-26	official	https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc49@119-100.zip	/us/usc/t49/s45103	data/legal/raw/us/code/title-49/usc49.xml	fdbc9cb7020fdc477427390861cadb508f1ee5e2c6d557ecf03892c99371cfb4	0786acdd244d8f42c5a8e8ed1ec2a8dcb47dd0e02a286752710a20745702a4fb	5012cd6cc93785173f911615f8835e05bbccb0e58ec5a22ff07ec2e61fcd0c50	2026-07-04	official	legal us-code

49 U.S.C. § 45103 - Prohibited service

Text

(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.)

Notes

Historical and Revision Notes RevisedSectionSource (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.