What's happening
This bill requires anyone operating an aircraft in New York to pass a breathalyzer test before flying, prohibiting those over the legal limit.
Why it matters
Enhances flight safety by ensuring that pilots are sober before operating any aircraft, reducing the risk of accidents due to impairment.
Establishes a clear, enforceable standard (.08% blood alcohol content) for pilot sobriety, mirroring rules already in place for drivers, and providing consistency across different modes of transportation.
May impact both commercial and private pilots, potentially leading to increased operational costs, logistical adjustments, or changes in pre-flight procedures for aviation businesses and hobbyists.
Signals a stronger regulatory stance on substance use in aviation, which could influence insurance liability, legal responsibility in case of incidents, and public trust in air travel safety.
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Who cares
Headline styles
Require Pilot Breathalyzer Tests
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 4
No co-sponsors yet.
History
- Referred to transportation
- Referred to transportation
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Require Pilots Take Breathalyzer
In Assembly Committee · Transportation · Sponsor Felix Ortiz
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
633
2017-2018 Regular Sessions
IN SENATE
January 4, 2017
Introduced by Sen. BOYLE -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation
AN ACT to amend the general business law, in relation to requiring any person operating an aircraft to submit to a breathalyzer
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The general business law is amended by adding a new section 241-a to read as follows:
§ 241-a. Breathalyzer requirement. Any person engaging within this state in operating aircraft shall be required to submit to a breathalyzer exam prior to operating such aircraft. Such breathalyzer exam shall occur prior to such individual boarding the aircraft. Any individual that provides a breath sample of .08 of one per centum or more by weight of alcohol in the person's blood shall not be permitted to operate such aircraft.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05510-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the general business law, in relation to requiring any person operating an aircraft to submit to a breathalyzer
Purpose or general idea of bill
This bill would require all pilots flying into or out of New York airports to submit to a breathalyzer exam.
Summary of specific provisions
Section 1. Adds a new section to the general business law requiring breathalyzer exams for pilots.
Section 2. Effective date.
Justification
In April 2016, a commercial airline pilot was arraigned in federal court for exceeding the legal blood alcohol limit for pilots. On the date in question, the pilot was selected for a random breathalyzer exam after flying a plane with over 100 passengers and crew from Orlando to New York. The pilot vastly exceeded the legal limit and was allowed to fly because no mechanism is in place to catch these pilots before they fly. This measure will improve safety and restore public confidence in our pilots.
The Federal Aviation Administration (FAA) currently forbids pilots to operate an aircraft with a blood alcohol content of .04$ or greater, or operating an aircraft within 8 hours of consuming alcohol. Currently, the FAA allows companies to implement random breathalyzer exams, as well as scheduled exams or exams under suspicion. Since 1995, 225 commercial airline pilots have tested above the legal blood-alcohol limit, according to the FAA.
To ensure the safety of our skies, as well as the numerous passengers and crew aboard aircraft, this legislation will require all incoming and outgoing plane pilots using New York airports to take a breathalyzer exam before boarding the aircraft.
Prior legislative history
2016: referred to transportation
Fiscal implications
To be determined.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.