What's happening
This bill requires anyone operating an aircraft in New York to take a breathalyzer test and prohibits operation with a BAC of 0.08% or higher.
Why it matters
Enhances aviation safety. by ensuring that all pilots and aircraft operators are sober before flying, potentially reducing the risk of accidents caused by impaired judgment or slowed reaction times.
Creates uniform standards. for alcohol testing in aviation across New York State, closing any gaps where private pilots or small operators might have previously avoided regular testing.
Introduces new compliance responsibilities. for airports, flight schools, and air charter companies, who will need to implement and enforce pre-flight breathalyzer testing protocols.
Aligns aviation regulations more closely with road vehicle standards. (such as the 0.08% BAC limit for drivers), emphasizing that operating an aircraft under the influence is as serious as drunk driving, with similar legal consequences.
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Who cares
Headline styles
Breathalyzer Required for Pilots
Plain English, a few words. Used as the page title.
Sponsors
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.
Breathalyzers for Pilots Required
In Assembly Committee · Transportation · Sponsor Felix Ortiz
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
629
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
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.
LBD04368-01-9
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 breathalyz- er
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, accord- ing 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 01/04/17 REFERRED TO TRANSPORTATION 01/03/18 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.