Legal Interpretations
Fenton 2014
Summary
The Question
Must an airman with an alcohol test result of 0.04 or greater on a DOT-required test answer Yes to question 18(n) on the medical application?
Background
An attorney asked about 14 CFR part 67 on behalf of a client who had a positive test result on a test administered under 14 CFR part 120 and 49 CFR part 40, and questioned whether that test was appropriate.
The FAA’s Interpretation
Yes, if the result was within the last two years. FAA regulations define substance abuse to include an alcohol test result of 0.04 or greater on a DOT-required test, so the airman must answer Yes to question 18(n) and also to question 18(o) on alcohol dependence or abuse. The FAA did not decide whether the client's test was appropriate, instead encouraging a full explanation, since any Yes answer requires one.
- Requester
- Fenton
- Issued
- March 14, 2014
- Subjects
- Drug & Alcohol Testing · Medical Certification
Regulations Cited
- 14 CFR Part 49
- 14 CFR Part 67
- 14 CFR Part 120
- 49 CFR Part 40
Page 1
U.S. Department
of Transportation
Federal Aviation
Administrafion
Y.'R 14 2014
Mr. Joshua L. Fenton
Dear Mr. Fenton:
Office of the Chief Counsel
Office of the Chief Counsel
800 Independence Ave., SW.
Washington, DC 20591
This is in response to your letter requesting an interpretation of 14 C.F.R. part 67 - Medical Standards and Certification. Specifically, you asked about the circumstances that would require an airman to respond "Yes" to question 18(n) on an application for airman medical certification.
Question 18(n) on the medical application asks whether the airman has ever been diagnosed with, had, or presently has "substance dependence, or failed a drug test ever; or substance abuse or use of illegal substance in the last 2 years." FAA regulations define substance abuse to include an alcohol test result of 0.04 or greater alcohol concentration on a test required by the U.S. Department of Transportation. Therefore, an airman must answer "Yes" to question 18(n) if he has had an alcohol test result of 0.04 or greater alcohol concentration on a DOT-required test in the last two years. In addition, the individual who has an alcohol test result of 0.04 or greater alcohol concentration on a DOT-required test in the last two years must respond "Yes" to question 18(o) on the application for airman medical certification, which asks if the airman has a history of alcohol dependence or abuse. In regard to the issue of whether the test administered to your client under 14 C.F.R. part 120 and 49 C.F.R. part 40 was appropriate, the medical application requires an applicant to provide an explanation for any "Yes" answer. We encourage your client to fully explain the circumstances of his positive test result.
We hope this response has been helpful. If you have any additional questions, or need further infonnation, please contact my staff at (202) 267-3073. This response was prepared by Neal O'Hara, an attorney in the International Law, Legislation, and Regulations Division of the Office of the Chief Counsel, and was coordinated with the Enforcement Division of the Office of the Chief Counsel and the Office of Aerospace Medicine. ar
Assistant Chief Counsel 6 International Law,
Legislation and Regulations, AGC-200
Regulations Referenced
Snapshot retrieved August 6, 2026.