Human Rights assessment Commentary on sections Section 93: Prescribed limit
133.Section 93(1) makes it an offence to perform or prepare to perform certain aviation-related functions with more than a prescribed level of alcohol in the body. Subsections (2) and (3) set the prescribed blood/alcohol alcohol limits at 20 milligrammes of alcohol per 100 millilitres of blood for those activities carried out by aircrew and air traffic controllers, and 80 milligrams per 100 millilitres for licensed aircraft maintenance engineers. In the former case, this is a quarter of the limit prescribed by the Road Traffic Act 1988 and the Transport and Works Act 1992 for drivers and railway workers respectively. The different limits reflect the fact that although licensed aircraft maintenance engineers perform a safety critical role in aviation, they do not necessarily require the same speed of reaction as aircrew or air traffic controllers may need in an emergency situation. The equivalent limits in respect of breath and of urine are also set out in this section.