Before accepting the FAA Prompt Settlement Policy offer, it is critical that a pilot contact an aviation attorney to discuss the consequences of such a settlement. In many cases, it is worth a closer review of the testing process, the reason for the test and how the results were tested. The process used in drug and alcohol testing is specific and must be followed precisely according to law. Acceptance of the Prompt Settlement may forever bar a pilot’s ability to challenge this process.
Below is an extract of the Prompt Settlement Policy:
“On July 19, 2018, the Federal Aviation Administration (FAA) published a notice of enforcement policy designated “Settlement Policy for Commercial Pilots in Drug and Alcohol Testing Cases (PDF)” in the Federal Register. The prompt settlement policy is effective October 1, 2018 and applies to commercial pilots who are first-time violators of the drug and alcohol testing regulations in 14 CFR part 120 and 14 CFR § 91.17(a)(1) (4). Pilots who participate in this policy and who have established qualifications to hold a new 14 CFR part 61 airman certificate and special issuance airman medical certificate under 14 CFR part 67 are expected to more quickly assume commercial flight crewmember duties.
Commercial and ATP pilots who have committed one of the following DOT/FAA violations may elect to participate in this prompt settlement policy with the FAA:
- Verified positive drug result or alcohol result with a breath alcohol concentration (BAC) of 0.04 or greater on any of the following test types1:
- Random
- Reasonable Cause/Reasonable Suspicion
- Post-Accident
- Refusals to submit to the following test types:
- Pre-Employment Drug & Alcohol
- Random Drug & Alcohol
- Reasonable Cause/Reasonable Suspicion
- Post-Accident Drug & Alcohol
- Pre-duty alcohol misuse violations
- Drug or alcohol violations of 14 CFR § 91.17(a)(1)-(4)”
The aviation attorneys at Barnett Law Offices deliver outstanding legal services, listen to your needs and goals, and keep you informed. If you would like to talk with one of our aviation attorneys, please call us at (800) 578-5512 or write to us using our contact form.
