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  5. § 91.17
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14 CFR · Part 91

14 CFR § 91.17

Alcohol or drugs.

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Read in Subpart A
Part 91 Contents
  • Special Federal Aviation Regulation No. 50-2: Special Flight Rules in the Vicinity of the Grand Canyon National Park, AZ
  • Special Federal Aviation Regulation No. 60: Air Traffic Control System Emergency Operation
  • Special Federal Aviation Regulation No. 97: Special Operating Rules for the Conduct of Instrument Flight Rules (IFR) Area Navigation (RNAV) Operations using Global Positioning Systems (GPS) in Alaska
  • Special Federal Aviation Regulation No. 104: Prohibition Against Certain Flights by Syrian Air Carriers to the United States
  • Subpart A: General
  • Subpart B: Flight Rules
  • Subpart C: Equipment, Instrument, and Certificate Requirements
  • Subpart D: Special Flight Operations
  • Subpart E: Maintenance, Preventive Maintenance, and Alterations
  • Subpart F: Large and Turbine-Powered Multiengine Airplanes and Fractional Ownership Program Aircraft
  • Subpart G: Additional Equipment and Operating Requirements for Large and Transport Category Aircraft
  • Subpart H: Foreign Aircraft Operations and Operations of U.S.-Registered Civil Aircraft Outside of the United States; and Rules Governing Persons on Board Such Aircraft
  • Subpart I: Operating Noise Limits
  • Subpart J: Waivers
  • Subpart K: Fractional Ownership Operations
  • Subpart L: Continued Airworthiness and Safety Improvements
  • Subpart M: Special Federal Aviation Regulations
  • Subpart N: Mitsubishi MU-2B Series Special Training, Experience, and Operating Requirements
  • Appendix A to Part 91: Category II Operations: Manual, Instruments, Equipment, and Maintenance
  • Appendix D to Part 91: Airports/Locations: Special Operating Restrictions
  • Appendix E to Part 91: Airplane Flight Recorder Specifications
  • Appendix F to Part 91: Helicopter Flight Recorder Specifications
  • Appendix G to Part 91: Operations in Reduced Vertical Separation Minimum (RVSM) Airspace
(a)

No person may act or attempt to act as a crewmember of a civil aircraft—

(1)

Within 8 hours after the consumption of any alcoholic beverage;

(2)

While under the influence of alcohol;

(3)

While using any drug that affects the person's faculties in any way contrary to safety; or

(4)

While having an alcohol concentration of 0.04 or greater in a blood or breath specimen. Alcohol concentration means grams of alcohol per deciliter of blood or grams of alcohol per 210 liters of breath.

(b)

Except in an emergency, no pilot of a civil aircraft may allow a person who appears to be intoxicated or who demonstrates by manner or physical indications that the individual is under the influence of drugs (except a medical patient under proper care) to be carried in that aircraft.

(c)

A crewmember shall do the following:

(1)

On request of a law enforcement officer, submit to a test to indicate the alcohol concentration in the blood or breath, when—

(i)

The law enforcement officer is authorized under State or local law to conduct the test or to have the test conducted; and

(ii)

The law enforcement officer is requesting submission to the test to investigate a suspected violation of State or local law governing the same or substantially similar conduct prohibited by paragraph (a)(1), (a)(2), or (a)(4) of this section.

(2)

Whenever the FAA has a reasonable basis to believe that a person may have violated paragraph (a)(1), (a)(2), or (a)(4) of this section, on request of the FAA, that person must furnish to the FAA the results, or authorize any clinic, hospital, or doctor, or other person to release to the FAA, the results of each test taken within 4 hours after acting or attempting to act as a crewmember that indicates an alcohol concentration in the blood or breath specimen.

(d)

Whenever the Administrator has a reasonable basis to believe that a person may have violated paragraph (a)(3) of this section, that person shall, upon request by the Administrator, furnish the Administrator, or authorize any clinic, hospital, doctor, or other person to release to the Administrator, the results of each test taken within 4 hours after acting or attempting to act as a crewmember that indicates the presence of any drugs in the body.

(e)

Any test information obtained by the Administrator under paragraph (c) or (d) of this section may be evaluated in determining a person's qualifications for any airman certificate or possible violations of this chapter and may be used as evidence in any legal proceeding under section 602, 609, or 901 of the Federal Aviation Act of 1958.

Referenced By

Interpretations of This Section (3)

  • Griffith (Jones Day), 2018
  • Kidd, 2017
  • Thomey (General Dynamics), 2010

Advisory Circulars (2)

  • AC 107-2A
  • AC 61-98E

Documents that cite this section, found in their catalog metadata or text. Listed by date, not by significance.

Reflects the eCFR edition current as of July 6, 2026. Retrieved from ecfr.gov on July 17, 2026.

Primary Source

  • Official Source (14 CFR · Part 91)