Human Rights assessment Background
128.At present the only specific legislation to regulate alcohol consumption in the aviation industry is in the Air Navigation Order 2000 (“the ANO”) (5), made under the Civil Aviation Act 1982.
129.The ANO makes it an offence for a crew member of an aircraft, an air traffic controller or a licensed maintenance engineer to be under the influence of drink or drugs so as to impair his capacity to carry out his aviation related functions. (See articles 13(8), 65(2) and 96.)
130.Previously, there was no set limit as to the amount of alcohol that could be consumed prior to carrying out an aviation function, although it was an offence for a member of the flight deck crew, an air traffic controller or a licensed maintenance engineer to carry out their licence privileges whilst impaired through drink or drugs. Similarly, there was previously no power to test a relevant individual suspected of being under the influence of alcohol or drugs.