Part 5Aviation: Alcohol and Drugs

Offences

93Prescribed limit

1

A person commits an offence if—

a

he performs an aviation function at a time when the proportion of alcohol in his breath, blood or urine exceeds the prescribed limit, or

b

he carries out an activity which is ancillary to an aviation function at a time when the proportion of alcohol in his breath, blood or urine exceeds the prescribed limit.

2

The prescribed limit of alcohol is (subject to subsection (3))—

a

in the case of breath, 9 microgrammes of alcohol in 100 millilitres,

b

in the case of blood, 20 milligrammes of alcohol in 100 millilitres, and

c

in the case of urine, 27 milligrammes of alcohol in 100 millilitres.

3

In relation to the aviation function specified in section 94(1)(h) the prescribed limit is—

a

in the case of breath, 35 microgrammes of alcohol in 100 millilitres,

b

in the case of blood, 80 milligrammes of alcohol in 100 millilitres, and

c

in the case of urine, 107 milligrammes of alcohol in 100 millilitres.

4

The Secretary of State may make regulations amending subsection (2) or (3).

5

Section 94 defines “aviation function” and “ancillary activity” for the purposes of this Part.