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Robert M. Gary wrote:
Are you able to cite the specific federal law that indicates airmen have implied consent to law enforcement taking bodily specimens? Looks like maybe 14CFR 91.17: (a) No person may act or attempt to act as a crewmember of a civil aircraft— (2) While under the influence of alcohol; .... (c) A crewmember shall do the following: (1) On request of a law enforcement officer, submit to a test to indicate the alcohol concentration in the blood or breath, when— (i) The law enforcement officer is authorized under State or local law to conduct the test or to have the test conducted; and (ii) The law enforcement officer is requesting submission to the test to investigate a suspected violation of State or local law governing the same or substantially similar conduct prohibited by paragraph (a)(1), (a)(2), or (a)(4) of this section. .... (d) Whenever the Administrator has a reasonable basis to believe that a person may have violated paragraph (a)(3) of this section, that person shall, upon request by the Administrator, furnish the Administrator, or authorize any clinic, hospital, doctor, or other person to release to the Administrator, the results of each test taken within 4 hours after acting or attempting to act as a crewmember that indicates the presence of any drugs in the body. (e) Any test information obtained by the Administrator under paragraph (c) or (d) of this section may be evaluated in determining a person's qualifications for any airman certificate or possible violations of this chapter and may be used as evidence in any legal proceeding under section 602, 609, or 901 of the Federal Aviation Act of 1958. |
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On Thu, 15 May 2008 17:10:15 -0700, gatt
wrote in : Robert M. Gary wrote: Are you able to cite the specific federal law that indicates airmen have implied consent to law enforcement taking bodily specimens? Looks like maybe 14CFR 91.17: So it does. Thanks. |
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