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Title 14: Aeronautics and Space
CHAPTER I: FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION (CONTINUED)
SUBCHAPTER G: AIR CARRIERS AND OPERATORS FOR COMPENSATION OR HIRE: CERTIFICATION AND OPERATIONS
PART 135: OPERATING REQUIREMENTS: COMMUTER AND ON DEMAND OPERATIONS AND RULES GOVERNING PERSONS ON BOARD SUCH AIRCRAFT
Subpart E: Flight Crewmember Requirements
135.255 - Testing for alcohol.
(a) Each certificate holder and operator must establish an alcohol misuse prevention program in accordance with the provisions of appendix J to part 121 of this chapter.
(b) Except as provided in paragraph (c) of this section, no certificate holder or operator may use any person who meets the definition of ?covered employee? in appendix J to part 121 of this chapter to perform a safety-sensitive function listed in that appendix unless such person is subject to testing for alcohol misuse in accordance with the provisions of appendix J.
(c) If a certificate holder conducts an on-demand operation into an airport at which no maintenance providers are available that are subject to the requirements of appendix J to part 121 of this chapter and emergency maintenance is required, the certificate holder may use persons not meeting the requirements of paragraph (b) of this section to provide such emergency maintenance under both of the following conditions:
(1) The certificate holder must give written notification of the emergency maintenance to the Drug Abatement Program Division, AAM-800, 800 Independence Avenue, Washington, DC, 20591, within 10 days after being provided same in accordance with this paragraph. A certificate holder must retain copies of all such written notifications for two years.
(2) The aircraft must be reinspected by maintenance personnel who meet the requirements of paragraph (b) of this section when the aircraft is next at an airport where such maintenance personnel are available.
(d) For purposes of this section, emergency maintenance means maintenance that?
(1) Is not scheduled, and
(2) Is made necessary by an aircraft condition not discovered prior to the departure for that location.
[Amdt. 135-48, 59 FR 7397, Feb. 15, 1994, as amended by Amdt. 135-91, 68 FR 54587, Sept. 17, 2003]
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