Prohibition on Alcohol and Drug Use
Rather than writing its own separate alcohol and drug rule, Part 107 borrows directly from the manned-aviation regulations that have governed this area for decades. 14 CFR 107.27 incorporates 14 CFR 91.17 and 91.19 by reference ? and applies them more broadly across the flight crew than many pilots expect. This lesson covers exactly what those incorporated rules require.
Who this rule applies to ? broader than just the remote pilot in command
14 CFR 107.27 requires "a person manipulating the flight controls of a small unmanned aircraft system or acting as a remote pilot in command or visual observer" to comply with 91.17 and 91.19. This is worth noting carefully: the alcohol and drug rules apply to anyone manipulating the controls and to any designated visual observer, not just the certificated remote pilot in command. A crew member who isn't the RPIC but is manipulating the controls, or serving as a visual observer, is independently bound by these same rules.
14 CFR 91.17: the "8-hour rule" and blood alcohol threshold
91.17 prohibits serving as a crewmember within 8 hours after consuming any alcoholic beverage ? commonly referred to as the "bottle-to-throttle" rule ? and separately prohibits acting as a crewmember while under the influence of alcohol, while using any drug that affects a person's faculties in a way contrary to safety, or with a blood or breath alcohol concentration of 0.04 or greater. Note that 0.04 is stricter than the typical 0.08 threshold used for driving under the influence in most states ? a level of impairment that would be legal to drive at could still violate this rule.
91.17 also imposes testing obligations: a crewmember must submit to a test for alcohol on request of a law enforcement officer investigating a suspected violation, and must furnish test results to the FAA under certain circumstances involving reasonable suspicion of a violation. These obligations exist independent of whether the person is ultimately found to have violated the substantive alcohol rule.
14 CFR 91.19: no knowing carriage of narcotic or controlled substances
91.19 separately prohibits operating a civil aircraft with knowledge that narcotic drugs, marijuana, or depressant or stimulant drugs or substances (as defined under federal or state statutes) are aboard the aircraft. This prohibition does not apply to carriage that is specifically authorized under federal or state statute or by a federal or state agency ? for example, lawful carriage by an authorized law enforcement operation.
Real-world scenario: the 8-hour rule as a bright-line test
A pilot has one beer at a client dinner and, five hours later, is asked to fly an urgent inspection. Even though a single beer five hours earlier is very unlikely to leave the pilot legally "under the influence" in a practical impairment sense, the flight would still violate 91.17's 8-hour rule, since only five hours have passed since consumption ? well short of the required eight. The 8-hour requirement is a bright-line time rule, independent of any actual measured or perceived impairment level.
14 CFR 107.27 incorporates 91.17 and 91.19 by reference, applying to the entire flight crew, not just the RPIC.
View Larger| Rule | Requirement | Applies to | Regulation |
|---|---|---|---|
| Bottle-to-throttle | No crew duty within 8 hours of consuming alcohol | RPIC, controls operator, visual observer | 107.27; 91.17 |
| Blood/breath alcohol limit | Below 0.04 concentration | RPIC, controls operator, visual observer | 107.27; 91.17 |
| Impairment prohibition | No crew duty while under the influence of alcohol or impairing drugs | RPIC, controls operator, visual observer | 107.27; 91.17 |
| Drug carriage | No knowing carriage of narcotics/marijuana/depressant-stimulant substances | Whoever operates the aircraft | 107.27; 91.19 |
| Mistake | Why it happens | Correct understanding | Regulation / source |
|---|---|---|---|
| "Only the remote pilot in command is bound by the alcohol/drug rules." | Assuming certification status determines who the rule applies to | 107.27 also covers the person manipulating the controls and the visual observer, regardless of who holds the certificate. | 14 CFR 107.27 |
| "The legal driving limit of 0.08 applies here too." | Assuming aviation and driving thresholds match | 91.17's threshold is 0.04, stricter than the typical 0.08 driving limit. | 14 CFR 91.17 |
| "As long as I don't feel impaired, the 8-hour rule doesn't really matter." | Conflating a subjective impairment feeling with the objective time rule | The 8-hour rule is a bright-line time requirement independent of perceived or actual impairment. | 14 CFR 91.17 |
Does 107.27 apply to visual observers, or only the remote pilot in command?
It applies to all three: the remote pilot in command, the person manipulating the flight controls, and the visual observer.
What blood alcohol concentration threshold applies under this rule?
0.04, per 14 CFR 91.17 ? stricter than the 0.08 threshold commonly used for driving under the influence.
How long must a person wait after drinking before serving as a crewmember?
At least 8 hours after consuming any alcoholic beverage, regardless of how much was consumed or how the person feels.
Test Your Knowledge
Answer the questions below to check your understanding. Every answer can be found in the lesson above.