183.061 Prohibition against operation of or acting as crewmember of civil aircraft

463 words·~2 min read·/ky/183-061

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

while using or under the influence of alcohol or other substance -- Consent to

tests -- Penalty -- Reports to Federal Aviation Administration.

(1)As used in this section, "crewmember" means any person performing or assigned to

perform any duty in a civil aircraft during the time which the aircraft is undergoing

preflight inspection, boarding, or carrying passengers or crew, or any time the

aircraft is under power or in flight.

(2)It is unlawful for any person to operate, attempt to operate, or act, or attempt to act,

as a crewmember of any civil aircraft in this Commonwealth:

(a)Within eight

(8)hours after the consumption of any alcoholic beverage; or

(b)While under the influence of alcohol; or

(c)While using any substance that affects his faculties in any way contrary to

safety; or

(d)With four one-hundredths of one percent (0.04%) or more by weight of

alcohol in his blood.

(3)Any person who operates or attempts to operate or acts or attempts to act as a

crewmember of any aircraft in this Commonwealth is considered to have given his

consent to one

(1)or more tests of his blood, breath, and urine, or combination

thereof, for the purpose of determining alcohol concentration or presence of a

substance which affects his faculties in any way contrary to safety, if arrested for a

violation of this section.

(4)Testing for alcohol concentration or other substances shall be done in the manner

prescribed in KRS Chapter 189A, and the defendant shall have the same rights as

provided by KRS Chapter 189A with regard to refusing the test.

(5)Any person who violates the provisions of subsection

(2)of this section shall be

punished as provided in KRS 189A.010. Any person who refuses a test offered

pursuant to subsection

(3)shall be fined two hundred dollars ($200) or be

imprisoned in the county jail for not less than forty-eight

(48)hours nor more than

thirty

(30)days, or both. Conviction for a violation of subsection

(2)shall not bar a

conviction for refusal to take tests for alcohol or other substances. Conviction for

refusal to take tests for violation of alcohol or other substances shall not bar a

conviction for a violation of subsection (2).

(6)The filing of charges, results of chemical testing, and results of the trial or other

subsequent proceedings shall be reported to the division, branch, or office of the

Federal Aviation Administration having jurisdiction for regulation and certification

by the law enforcement agency making the arrest within thirty

(30)days of the date

of arrest. Law enforcement agencies possessing evidence of a violation of this

section shall present the evidence for use by the Federal Aviation Administration as

well as for prosecution by the state under this section.