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Airmen and Drug- and/or Alcohol-Related Motor Vehicle Action(s)

The FAA requires pilots to report drug- and/or alcohol-related motor vehicle actions (MVA) to the agency's Security and Hazardous Materials Safety Office, Regulatory Investigations Division. Refer to the requirement in Federal Register Volume 55, 31300 (dated Aug. 1, 1990).


Reporting Requirements

The Code of Federal Regulations at 14 C.F.R. § 61.15(e) requires all Part 61 certificate holders to send a written report to the FAA within 60 calendar days of any drug- and/or alcohol-related MVA. These reports are commonly referred to as "notification letters".

14 C.F.R. § 61.15(c), defines a motor vehicle action as:

  • A conviction after November 29, 1990, for the violation of any federal or state statute relating to the operation of a motor vehicle while intoxicated by alcohol or a drug, while impaired by alcohol or a drug, or while under the influence of alcohol or a drug.

    Examples of Reportable Convictions (Not a comprehensive list):

    • Driving Under the Influence (DUI)
    • Driving While Impaired (DWI)
    • Driving with an Unlawful Blood Alcohol Level
    • Operating While Under the Influence (OWUI)
  • The cancellation, suspension, or revocation of a license to operate a motor vehicle after November 29, 1990, for a cause related to the operation of a motor vehicle while intoxicated by alcohol or a drug, while impaired by alcohol or a drug, or while under the influence of alcohol or a drug.

    Examples of Reportable Administrative Actions (Not a comprehensive list):

    • Revocation, suspension, or cancellation of driver license for:
      • Chemical test failure
      • Chemical test refusal
    • Administrative per se orders
    • 10-day civil revocations
    • Express consent revocation/suspension
  • The denial after November 29, 1990, of an application for a license to operate a motor vehicle for a cause related to the operation of a motor vehicle while intoxicated by alcohol or a drug, while impaired by alcohol or a drug, or while under the influence of alcohol or a drug.

A notification letter must be submitted within 60 days from the effective date of a driver license suspension. This includes a suspension based on either failing a blood/breath test OR refusing to submit to a blood/breath test regarding an incident of operating a motor vehicle under the influence.

A second notification letter is required if the airman is later convicted for driving under the influence or any other charge related to driving a motor vehicle while intoxicated. This notification letter must be submitted within 60 days of the date of conviction.

Failure to send a notification letter within 60 days to the FAA's Security and Hazardous Materials Safety Office, Regulatory Investigations Division (AXE-700), is grounds for:

  • Denial of an application for any certificate, rating, or authorization issued under this regulation for up to one year after the date of the motor vehicle action
  • Suspension or revocation of any certificate, rating, or authorization issued under this regulation

Arrests do not need to be reported to the the Security and Hazardous Materials Safety Office, Regulatory Investigations Division (AXE-700). However, all drug- and/or alcohol-related arrests must be reported whenever the next application for medical certificate, FAA Form 8500-8, is made. Please contact the Civil Aerospace Medical Institute at (405) 954-4821, Option 1, with questions regarding medical eligibility or correspondence.

Online/Written Notification Letters

You may use the Online Notification Letter, or draft your own notification letter, and mail or fax to:

Mail:
Federal Aviation Administration
Security and Hazardous Materials Safety Office (AXE-700)
P.O. Box 25810
Oklahoma City, OK 73125

Fax:
(405) 954-4989

The letter must contain the following information:

  • Name, address, date of birth, certificate number
  • Type of violation (conviction and/or administrative action)
  • Date(s) of action(s)
  • State holding the record
  • Statement whether this relates to a previously reported MVA

To expedite processing and assist in clarifying any information, we ask that you include the following information but it is not required:

  • Telephone number
  • Driver license number or state identification number (if not licensed)
  • Court name and location for conviction

Paperwork Reduction Act Burden Statement
OMB Control Number: 2120-0543
Expiration Date: March 31, 2024**

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 (30) minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, completing and reviewing the collection of information. All responses to this collection of information are mandatory (per Title 14 Section 61.15(e); however the use of the electronic format 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.

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.

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 by letter 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 listed in the letter you receive.

Frequently Asked Questions

I received a letter from the Civil Aerospace Medical Institute, can your office assist me with their request for information?
No, our office is limited in scope to the reporting requirements referred to on this website. You must contact their office at (405) 954-4821, Option 1, regarding correspondence issued from their office.

Do I have to report anything other than alcohol and/or drug related convictions?
Yes, under 14 CFR Part 61, you must report alcohol- and/or drug-related administrative actions, whether a conviction took place or not. Arrests, administrative actions, and convictions are also reportable under Part 67, the airman application for a medical certificate.

How long do I have to report my alcohol- and/or drug-related motor vehicle action (MVA)?
You have 60 days from the effective date of the administrative action (driver license suspension, revocation, or cancellation) or conviction.

What happens when I report an alcohol- and/or drug-related MVA within the 60 days?
When you report alcohol- and/or drug-related MVA, we initiate a preliminary investigation to ensure your report was within the required 60-day time frame and that there are no other reportable actions.

I received an alcohol- and/or drug-related MVA but failed to report it within the 60 days. What should I do?
Report the MVA as soon as you become aware of the reporting requirement. A written report received after 60 days, but before we discover the MVA, is normally considered a mitigating factor when determining sanction.

What happens if I fail to report an alcohol- and/or drug-related MVA and the FAA finds out about it?
FAA begins a formal investigation. We will send you a Letter of Investigation giving you the opportunity to respond, in writing, to the alleged violation(s).

Will the FAA discover that I have an alcohol- and/or drug-related MVA if I don't report it?
Yes, FAA Form 8500-8, Application for Airmen Medical, contains an express consent provision which authorizes the National Driver Register (NDR) to release information about your driving record to the FAA. Information on the NDR record will contain pointers to states that keep a driving history on you. The FAA will obtain applicable records to determine if you have a reportable alcohol- and/or drug-related MVA.

If I have more questions, how can I contact your office for more information?
You may contact an investigator Monday through Friday, 8:00 a.m. to 4:30 p.m. CT, at (405) 954-4848. Please Note: You must send a written notification of your alcohol- and/or drug-related MVA. You may not give this information by telephone.

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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/?CFID=18207664&CFTOKEN=236e4af4191237c1-0232FACD-1372-4132-EDB9425C195D0A99