§ Sir Michael McNair-WilsonTo ask the Secretary of State for Transport if he will bring forward proposals to provide for legal sanctions to be invoked against a civilian pilot incapacitated by alcohol from flying safely and to define on whose responsibility such a person may be denied the right to take over the controls of an aircraft.
§ Mr. McLoughlinArticle 52(2) of the Air Navigation Order 1989 already provides that
a person shall not, when acting as a member of the crew of any aircraft…be under the influence of drink or a drug to such an extent as to impair his capacity so to act.The penalty for contravening that provision can be a fine, or imprisonment for up to two years, or both.Article 95(1) of the order empowers the Civil Aviation Authority or an authorised person to direct the operator or commander of an aircraft not to make a flight, and to detain the aircraft, if it appears that the flight would be in contravention of the order and be a cause of danger. An "authorised person" is defined as a constable or a person authorised by the Civil Aviation Authority. In addition, article 54 of the order requires that "all lawful commands" given by an aircraft's commander for safety reasons should be obeyed; this may be of relevance to my hon. Friend's question if the aircraft has two pilots on board.
My right hon. Friend the Secretary of State is considering legal provisions for compulsory testing of flight crew for alcohol in certain circumstances—such as after an accident—with associated penalties; he is advised that primary legislation would be needed.
§ Sir Michael McNair-WilsonTo ask the Secretary of State for Transport what information is collected by the Civil Aviation Authority on the number of civil aviation pilots and aircrew flying with British airlines who were disciplined for drunken behaviour in 1985 and in 1990.
§ Mr. McLoughlinDisciplinary action against pilots or aircrew is a matter for the airline concerned. All flight crew licensed by the Civil Aviation Authority must hold a valid medical certificate; I am advised by the authority that in 1990 two professional pilots were refused a certificate for alcohol-related reasons and five had their certificates suspended. Figures for 1985 are not available.