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Airmen DUI/DWI

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Medical Correspondence

Questions pertaining to correspondence received from the Civil Aerospace Medical Institute or medical eligibility must be addressed to their office at (405) 954-4821, Option 1.

Reporting Requirements

Under 14 CFR § 61.15, all pilots must send a Notification Letter (PDF) to FAA’s Security and Hazardous Materials Safety Office (AXE-700) (formerly Civil Aviation Security Division (AMC-700)) within 60 calendar days of the effective date of an alcohol and/or drug related conviction or administrative action. In 14 CFR § 61.15(c), alcohol and/or drug related convictions or administrative actions refer to motor vehicle actions (MVA).

Notification Letters

Note: Each event, conviction, or administrative action, requires a separate Notification Letter. For example, an airman’s driver license may be suspended at the time of arrest for driving under the influence of alcohol for either:

  • Failing a blood/breath test
  • Refusing to test

The airman must send a Notification Letter for the suspension, then send a second Notification Letter if the alcohol and/or drug related offense results in a conviction. Even though the airman sent two notification letters, FAA views the suspension and conviction as one alcohol and/or drug related incident.

You may use the Online Notification Letter, or you can send notification letters to:

Federal Aviation Administration
Security and Hazardous Materials Safety Office (AXE-700)
P.O. Box 25810
Oklahoma City, OK 73125
or
Fax to: (405) 954-4989

To speed processing, the letter must contain the following information:

  • Name, Address, Date of Birth, Certificate Number, Telephone Number
  • Type of Violation (conviction and/or administrative action)
  • Date(s) of Action(s)
  • State Holding the Record
  • Driver License Number or State ID Number (if not licensed)
  • Statement whether this relates to a Previously Reported MVA

Paperwork Reduction Act Burden Statement
OMB Control Number: 2120-0543
Expiration Date: September 30, 2020**

A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act, unless that collection of information displays a currently valid OMB Control Number. The OMB Control Number for this information collection is 2120-0543. Public reporting for this collection of information is estimated to be approximately (10) minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.

All responses to this collection of information are mandatory (per Title 14 Part 61.15(e)); however, the use of the downloadable template is optional. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to: Information Collection Clearance Officer, Federal Aviation Administration, 10101 Hillwood Parkway, Fort Worth, TX 76177-1524.

History

The DUI/DWI compliance program began in November 1990 by Congressional act. The final rule published in the Federal Register on August 1, 1990, is Federal Aviation Regulation 14 CFR Part 61 and 14 CFR Part 67.

Prompt Settlement Policy Guidance For Legal Enforcement Actions

On September 24, 2020, the Federal Aviation Administration (FAA) published the "Settlement Policy for Legal Enforcement Actions Involving Medical Certificate Related Fraud, Intentional Falsification, Reproduction, or Alteration" in the Federal Register. See 85 Fed. Reg. 60057 (Sept. 24, 2020). This policy, also known as the "§ 67.403 prompt settlement policy" (PSP), affords eligible individuals who hold an airman or ground instructor certificate, and who are the subject of a legal enforcement action for violating 14 C.F.R. § 67.403(a), the opportunity to apply for a new airman or ground instructor certificate sooner than in the absence of this policy.

A different Prompt Settlement Policy Guidance is in effect for Commercial Pilots in Drug and Alcohol Testing Cases.

Under the policy for Legal Enforcement Actions Involving Medical Certificate Related Fraud, Intentional Falsification, Reproduction, or Alteration, following the issuance of an LOI for a violation of 14 CFR § 67.403(a), an eligible individual who is the subject of the legal enforcement action would have the opportunity to enter into a settlement agreement providing for (1) the acceptance of the prompt issuance of an order revoking the individual's airman or ground instructor certificates; (2) the immediate surrender of the affected certificates in response to the order; and (3) the waiver of appeal rights. The policy will also apply when any controlled substance conviction or motor vehicle action that was the basis for a violation of 14 CFR § 61.15(a), (d), or (e) also forms the basis for an intentional falsification. The eligible individual would still be subject to the one year post revocation bar applicable to applications for new airman or ground instructor certificates, but would have the opportunity to apply for such certificates generally sooner than under the current process because much of the investigation and evaluation processes would be abbreviated or eliminated. Moreover, this policy will generally add predictability as to when the FAA would issue the order and, accordingly, when an individual could submit an application for a new airman or ground instructor certificate. This policy, which became effective September 30, 2020, applies to airman certificate holders who are first-time violators of 14 C.F.R. § 67.403(a).

How to Participate

Under this policy, the FAA will notify individuals who appear to have violated 14 CFR § 67.403(a) that they may contact the FAA within ten days of receipt of the notice to request consideration for a prompt settlement of the legal enforcement action. If an individual requests to be considered under the policy, the FAA will determine the individual's eligibility for the policy. The policy is not available when there is a question about an individual's qualification to hold a part 61, 63, or 65 certificate other than that presented by the 14 CFR § 67.403(a) violation. It is also not available for individuals who the FAA has found to have previously violated 14 CFR § 67.403(a). If an individual is eligible for prompt settlement, the FAA Office of the Chief Counsel, Enforcement Division, will send the individual a formal agreement that sets forth the conditions for prompt settlement, including those enumerated in the previous paragraph. Upon receipt of an executed agreement, FAA enforcement counsel will issue an emergency order initiating the revocation period.

If you have questions about the § 67.403(a) prompt settlement policy, please contact the investigator handling your matter, whose contact information will be in the letter you receive.

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This page was originally published at: https://www.faa.gov/about/office_org/headquarters_offices/ash/ash_programs/investigations/airmen_duidwi/