Cap. 641 Art. 49Drink and drugs prohibited.

(1) A person shall not enter any aircraft when drunk, or be drunk in any aircraft.

(2) A person shall not, when acting as a member of the crew of any aircraft or being carried in any aircraft for the purpose of so acting, be under the influence of drink or a drug or any psychoactive substance.

(3) Notwithstanding any other law related to the taking of samples, the Director General may designate any number of officers who shall be trained and qualified to enter into any aircraft or place of accommodation reserved for the flight crew and crew of an aircraft in order to take such samples and conduct such tests as are necessary to ensure that said flight crew or crew is not under the influence of any drink, drug or psychoactive substance.

(4) The Directorate shall publish regulatory instruments which provide for:

(a) the procedures to be adopted in the carrying out of such tests;

(b) the determination of the type of device to be used for the taking of such tests;

(c) the procedure for the taking of body fluid specimens including blood;

(d) the determination of the laboratory for the taking of body fluid specimens including blood.

(5) Tests shall be conducted in accordance with European Union Regulations or otherwise in accordance with the procedures established by regulatory instrument.

(6) Without prejudice to the generality of sub-articles (1) and (2), after an initial positive test for drink, drugs or psychoactive substances, as conducted by any officer designated as such by the Director General, such result shall immediately be notified to the Executive Police. Following such notification, officers of the Executive Police may carry out their own independent tests for the purposes of establishing whether there has been a breach of this Act or any other provisions of the Laws of Malta.

(7) Without prejudice to the generality of sub-article (1) and (2), and subject to any variation of indicated levels in this or any subsequent sub-article as may be reflected in any adopted regulatory instrument, the breath alcohol concentration (BrAC), measured by a breath alcohol analyser during the initial alcohol test conducted by any officer designated by the Director General, should not exceed a level equivalent to zero point two grams (0.2g) of blood alcohol concentration (BAC) per litre of blood.

(8) During a confirmation alcohol test, the breath alcohol concentration (BrAC) should not exceed a level equivalent to zero point two grams (0.2g) of BAC per litre of blood.

(9) Flight crew and crew shall be deemed to have provided a specimen of blood only if they consent to it being taken by a medical practitioner and it is so taken in such quantity and of such quality as is capable of being properly analysed for the purposes of sub-article (3).

(10) Flight crew and crew shall be deemed to have provided a specimen of urine or breath only if that specimen is provided in such a manner and in such quantity and of such quality as is capable of being properly analysed for the purposes of sub-article (3) or for the purposes of regulatory instruments.

(11) (a) Any member of the flight crew or crew who fails the relevant tests established under sub-article (3) shall be removed from duty.

(b) Any member of the flight crew or crew refusing to undergo the relevant tests established under sub-article (3) shall be considered to have failed the tests in case of a denial to perform the tests without any valid reason.

(12) Without prejudice to the terms of article 95, specifically in relation to the conduct of passengers and any liability thereof, any member of the flight crew or cabin crew who is found to be under the influence of drink, drug or a psychoactive substance while performing his duties shall be guilty of an offence punishable by imprisonment up to two (2) years and, or a fine (multa) not exceeding fifty thousand euro (€50,000).

(13) Any member of the flight crew or crew who is found to be under the influence of drink, drug or a psychoactive substance while performing his duties shall have his licence suspended by the Director General, for such period as the Director General may think fit or, in the case of foreign-licensed persons, shall be reported by the Directorate to the competent authority which issued the licence and the medical certificate of the licence holder and the competent authority of the operator.

(14) Any tests carried out under sub-article (3) shall be done for the purposes of observing Malta’s obligations under ratified civil aviation conventions including the Chicago Convention.