49 

Federal Aviation Administration, DOT 

§ 120.17 

Subpart B—Individuals Certifi-

cated Under Parts 61, 63, and 
65 

§ 120.11 Refusal to submit to a drug or 

alcohol test by a Part 61 certificate 

holder. 

(a) This section applies to all individ-

uals who hold a certificate under part 
61 of this chapter and who are subject 
to drug and alcohol testing under this 
part. 

(b) Refusal by the holder of a certifi-

cate issued under part 61 of this chap-
ter to take a drug or alcohol test re-
quired under the provisions of this part 
is grounds for: 

(1) Denial of an application for any 

certificate, rating, or authorization 
issued under part 61 of this chapter for 
a period of up to 1 year after the date 
of such refusal; and 

(2) Suspension or revocation of any 

certificate, rating, or authorization 
issued under part 61 of this chapter. 

§ 120.13 Refusal to submit to a drug or 

alcohol test by a Part 63 certificate 

holder. 

(a) This section applies to all individ-

uals who hold a certificate under part 
63 of this chapter and who are subject 
to drug and alcohol testing under this 
part. 

(b) Refusal by the holder of a certifi-

cate issued under part 63 of this chap-
ter to take a drug or alcohol test re-
quired under the provisions of this part 
is grounds for: 

(1) Denial of an application for any 

certificate or rating issued under part 
63 of this chapter for a period of up to 
1 year after the date of such refusal; 
and 

(2) Suspension or revocation of any 

certificate or rating issued under part 
63 of this chapter. 

[Doc. No. FAA–2008–0937, 74 FR 22653, May 14, 
2009; Amdt. 120–0A, 75 FR 3153, Jan. 20, 2010] 

§ 120.15 Refusal to submit to a drug or 

alcohol test by a Part 65 certificate 

holder. 

(a) This section applies to all individ-

uals who hold a certificate under part 
65 of this chapter and who are subject 
to drug and alcohol testing under this 
part. 

(b) Refusal by the holder of a certifi-

cate issued under part 65 of this chap-
ter to take a drug or alcohol test re-
quired under the provisions of this part 
is grounds for: 

(1) Denial of an application for any 

certificate or rating issued under part 
65 of this chapter for a period of up to 
1 year after the date of such refusal; 
and 

(2) Suspension or revocation of any 

certificate or rating issued under part 
65 of this chapter. 

[Doc. No. FAA–2008–0937, 74 FR 22653, May 14, 
2009; Amdt. 120–0A, 75 FR 3153, Jan. 20, 2010] 

Subpart C—Air Traffic Controllers 

§ 120.17 Use of prohibited drugs. 

(a) Each employer shall provide each 

employee performing a function listed 
in subpart E of this part, and his or her 
supervisor, with the training specified 
in that subpart. No employer may use 
any contractor to perform an air traf-
fic control function unless that con-
tractor provides each of its employees 
performing that function for the em-
ployer, and his or her supervisor, with 
the training specified in subpart E of 
this part. 

(b) No employer may knowingly use 

any individual to perform, nor may any 
individual perform for an employer, ei-
ther directly or by contract, any air 
traffic control function while that indi-
vidual has a prohibited drug, as defined 
in this part, in his or her system. 

(c) No employer shall knowingly use 

any individual to perform, nor may any 
individual perform for an employer, ei-
ther directly or by contract, any air 
traffic control function if the indi-
vidual has a verified positive drug test 
result on, or has refused to submit to, 
a drug test required by subpart E of 
this part and the individual has not 
met the requirements of subpart E of 
this part for returning to the perform-
ance of safety-sensitive duties. 

(d) Each employer shall test each of 

its employees who perform any air 
traffic control function in accordance 
with subpart E of this part. No em-
ployer may use any contractor to per-
form any air traffic control function 
unless that contractor tests each em-
ployee performing such a function for