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3769 BD Soesterberg
Telefoon (0346) 333310
Fax (0346) 33 33 20
E-mail
r. putman@fdro .drp .minjus. nl

Onderdeel Bureau Verkeershandhaving Openbaar Ministerie
Contactpersoon R.H.W.A. Putman
Doorkiesnummer(s) 0346-333310
Datum 10 november 2000
Onderwerp Alcoholcontroles in de luchtvaart

Dear Sir/Mrs.

The aviation police have recently performed the first breathalyser tests on crewmembers from different airlines at Amsterdam Airport Schiphol. In the interest of air safety such checks will be frequently executed on the different Dutch airports in future. This letter is intended to inform you (further) on Dutch Law and regulations on this subject and the procedures that will be followed by the aviation police in the performance of their duty.

Laws and regulations
On the 1 st. July 1999 the new Aviation Law (Wet Luchtvaart) came into force in which the relevant alcohol legislation is incorporated. This law applies to all persons involved in air traffic in the Netherlands (Amsterdam FIR), Dutch airlines abroad and traffic control. The law does not differentiate between commercial air traffic and private aviators.

The relevant prohibitive regulations are:
· It is forbidden for a member of the crew to perform any activities on board of an aircraft with an alcohol level in their blood exceeding 0.2 %o or in their breath of 90 mg IL.
· It is forbidden for a member of the crew to perform any activities 01) board of an aircraft if he has consumed alcohol during a period of 10 hours preceding such an activity .
· It is forbidden for a member of the crew to perform any activities on board of an aircraft whilst under influence of a substance (i.e. medicine, drugs) that inhibits his ability to perform his duties properly.

Because the Law speaks of "performance of any activities" the pre-flight preparation phase is included in the prohibition.

The aviation police will be performing breathalyser tests at random on all crew members in the flight centre as well as on board of the aircraft. The procedure will be as follows:
· When requested by the aviation police crew members are required to comply and co-operate in the execution of a preliminary breathalyser test. As much as possible these tests will be performed out of view of the general public.
· This preliminary test is just a pre-selection device. The machine will show a letter indicating the absence of alcohol or the presence of it and will give a rough indication of the amount of alcohol involved. If alcohol is detect, the person involved will be arrested and escorted to the nearest police station for a breathalyser test that will show the exact amount of alcohol present.
· If the alcohol level exceeds the limit of 90 mg/L (0.2 %o) a police report will be filed of the incident. If the test results in a level between 260 mg/L (0.6 %o ) and 434 mg/L (1.0 %o) the licence can be demanded and -depending on earlier convictions -be retained. If the alcohol level exceeds the limit of 434 mg/L (1.0%0) the flight certificate will be demanded and retained. A request to have the licence returned can be directed to the local public prosecutors office.
· If the alcohol level exceeds the limit of 90 mg/L (0.2 %o ) the police is entitled to stipulate a no-flying time lasting up to 245 hours, depending on the alcohol level involved.

With this short summary of the law, regulations and procedure we hope to have given you a better insight into this subject. If you require more information or have questions concerning this matter, you are very welcome to contact the Bureau Verkeershandhaving Openbaar Ministerie.

Yours sincerely,

Mr. J. Spee
Hoofd Bureau Verkeershandhaving Openbaar Ministerie