Drinking alcohol while flying or boating

On Mar 10, 7:12 am, bon...@host122.r-bonomi.com (Robert Bonomi) wrote:
> Hint:  'motor vehicle' statutes do _not_  apply to airplanes.  In actuality,
> in the U.S., if it is private plane, not being operated 'for hire', or by
> a paid pilot, 'drinking and flying'  is =not= prohibited.

Geez, Robert, where did you get that idea?   For someone who's normally so careful, did you just come up with that off the top of your head?  What a dangerous thing to say.  As you pointed out, the motor vehicle code doesn't apply to airplanes, but that doesn't mean "drinking and flying" is not prohibited by some _other_ law.   Which, in fact, it is.   Motor vehicle laws are state-specific, but pilots are regulated by Federal law.   Now, I was already aware of that partly because I am a pilot and an aviation lawyer, but IMO common sense and Google should lead anybody to the same conclusion.   By Googling "FAR alcohol pilot" I found the following information (paraphrased) on an official FAA website, www.faa.gov/pilots/safety/pilotsafetybrochures/media/alcohol.pdf:

Federal Aviation Regulation 91.17 regulates alcohol and drug use by pilots.   Among other things, it provides that no one may operate or attempt to operate an aircraft (1) within 8 hours of having consumed alcohol, (2) while under the influence, (3) with a BAC of 0.04% or greater,  or (4) while using any drug that affects safety.

As a "Part 91" rule, this applies to _all_ pilots, not just those in commercial service.

>  Nor, is, as far
> as I know, 'drunken boating' an offense -- unless it's in commercial service.

What state are you talking about?   Here in MD, it most certainly is illegal to operate a boat while under the influence of alcohol or narcotics.  This is from the "Boat Maryland" safety-test website, http://www.boat-ed.com/md/course/p4-5_alcoholdrugs.htm:

"Maryland law states that a person is considered to be boating under the influence (BUI) if he or she:
    * Has a blood or breath alcohol concentration of 0.08% or greater or
    * Is impaired by alcohol or
    * Is so far impaired by any drug, combination of drugs, or combination of one or more drugs and alcohol that he or she cannot operate a vessel safely or
    * Is impaired by any controlled dangerous substance."

> Aside, you've raised an _interesting_ question --  what 'rules of the road'
> apply to an aircraft taxiing across a public roadway?

Under most states' motor vehicle codes, taxiing aircraft have the right-of-way over ground vehicles, because of their limited controllability on the ground, as you go on to point out:

> Now, a plane is obviously *not* 'street legal' in any conventional sense --
> no brake lights, no turn signals, no bumpers, many don't have a muffler, etc.
> Would the proscription on open alcoholic beverage containers apply to the
> pilot?

No, you already pointed out that state motor vehicle laws don't apply to planes.   AFAIK the FARs don't say anything about whether a plane can have open cans of beer in it even while being flown, but the PILOT can't have consumed any.

--
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