49 U.S.C. § 45106 — Relationship to other laws, regulations, standards, and orders
submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 243 words · no verdicts yet
State and local governments cannot make conflicting rules on this same drug- and alcohol-testing subject, though state criminal laws punishing reckless conduct still apply. In writing its rules for foreign airlines, the FAA must respect U.S. international obligations and consider foreign law, and the State and Transportation Departments must push foreign countries to enforce similar crew substance-use bans. This section doesn't cancel earlier related FAA rules from before 1991.
(a) State and local law. A state or local government may not keep in effect a law, regulation, or order that conflicts with rules made under this chapter. But a state criminal law punishing reckless conduct that causes death, injury, or property damage is not overridden.
(b) International obligations and foreign law. In writing its rules, the FAA Administrator must make requirements for foreign airlines that stay consistent with U.S. international obligations (1)(A) and must consider foreign countries' own laws and regulations (1)(B). The Secretaries of State and Transportation must jointly ask member governments of the International Civil Aviation Organization to strengthen and enforce rules banning illegal alcohol or drug use by crew members in international aviation.
(c) Other regulations allowed. This section does not stop the Administrator from keeping, amending, or adding to a regulation on alcohol or drug use by airmen, crew, screeners, safety-sensitive airline employees, or FAA employees that was already in place before October 28, 1991.
A State or local government may not prescribe, issue, or continue in effect a law, regulation, standard, or order that is inconsistent with regulations prescribed under this chapter. However, a regulation prescribed under this chapter does not preempt a State criminal law that imposes sanctions for reckless conduct leading to loss of life, injury, or damage to property.
In prescribing regulations under this chapter, the Administrator of the Federal Aviation Administration—
shall establish only requirements applicable to foreign air carriers that are consistent with international obligations of the United States; and
shall consider applicable laws and regulations of foreign countries.
The Secretaries of State and Transportation jointly shall request the governments of foreign countries that are members of the International Civil Aviation Organization to strengthen and enforce existing standards to prohibit crewmembers in international civil aviation from using alcohol or a controlled substance in violation of law or a United States Government regulation.
This section does not prevent the Administrator from continuing in effect, amending, or further supplementing a regulation prescribed before October 28, 1991, governing the use of alcohol or a controlled substance by airmen, crewmembers, airport security screening employees, air carrier employees responsible for safety-sensitive functions (as decided by the Administrator), or employees of the Administration with responsibility for safety-sensitive functions.
Source credit: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1224; Pub. L. 107–71, title I, § 139(3), Nov. 19, 2001, 115 Stat. 640.)
- 1994Enacted · Pub. L. 103-272 · 108 Stat. 1224
- 2001Amended · Pub. L. 107-71 · 115 Stat. 640
A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-272 on 1994-07-05.
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