FAA PROPOSES PENALTY FOR PURPORTED DRUG AND ALCOHOL TESTING VIOLATION

April 17, 2025

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On March 20, 2025, the FAA proposed a $65,000 civil penalty against Maine Instrument Flight (“Maine”) for allegedly violating the drug and alcohol testing regulations.  Specifically, the FAA contends that four Maine pilots were not subject to drug and alcohol testing on revenue generating flights conducted between February and September 2023. Maine, one of the oldest civilian flight schools in the United States, will discuss the facts alleged at an upcoming meeting with FAA officials. In the meantime, the proposed civil penalty should serve as a warning that the FAA takes drug and alcohol testing seriously. The investigation also presents an opportunity to remind industry stakeholders that the FAA recently issued a final rule requiring certificated Part 145 repair stations located outside the U.S. to implement a drug and alcohol testing program.  The requirement applies to employees who perform safety-sensitive maintenance functions on Part 121 aircraft and the rule also directs repair stations located outside the U.S. to comply with the FAA’s Drug and Alcohol Testing Program as well as DOT’s Procedures for Transportation Workplace Drug Testing Programs. If no waivers or exemptions are requested, Part 145 repair stations located outside of the U.S. must comply by December 20, 2027.

This Aviation Blog is intended to keep readers current on developments in the law.  It is not intended to be legal advice. If you have any questions, please contact Evelyn Sahr at 202.659.6622 or esahr@eckertseamans.com; Drew Derco at 202.659.6665 or dderco@eckertseamans.com; Patrick Bornstein at 407.625.4050 or pbornstein@eckertseamans.com, Jay Julien at 202.659.6648 or jjulien@eckertseamans.com; or Tyler Myers at 202.659.6642 or trmyers@eckertseamans.com, or any other attorney at Eckert Seamans with whom you have been working.

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Evelyn D. Sahr Photo Washington, D.C.

Evelyn D. Sahr

Member - Washington, D.C.

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Drew M. Derco Photo Washington, D.C.

Drew M. Derco

Member - Washington, D.C.

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Patrick Bornstein Photo Washington, D.C.

Patrick Bornstein

Member - Washington, D.C.

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Jay Julien Photo Washington, D.C.

Jay Julien

Associate - Washington, D.C.

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Tyler R. Myers Photo Washington, D.C.

Tyler R. Myers

Associate - Washington, D.C.

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