Regulation Text
§ 61.15 Offenses involving alcohol or drugs.
(a) A conviction for the violation of any Federal or State statute relating to the growing, processing, manufacture, sale, disposition, possession, transportation, or importation of narcotic drugs, marijuana, or depressant or stimulant drugs or substances is grounds for:
(1) Denial of an application for any certificate, rating, or authorization issued under this part for a period of up to 1 year after the date of final conviction; or
(2) Suspension or revocation of any certificate, rating, or authorization issued under this part.
(b) Committing an act prohibited by § 91.17(a) or § 91.19(a) of this chapter is grounds for:
(1) Denial of an application for a certificate, rating, or authorization issued under this part for a period of up to 1 year after the date of that act; or
(2) Suspension or revocation of any certificate, rating, or authorization issued under this part.
(c) For the purposes of paragraphs (d), (e), and (f) of this section, a motor vehicle action means:
(1) A conviction after November 29, 1990, for the violation of any Federal or State statute relating to the operation of a motor vehicle while intoxicated by alcohol or a drug, while impaired by alcohol or a drug, or while under the influence of alcohol or a drug;
(2) The cancellation, suspension, or revocation of a license to operate a motor vehicle after November 29, 1990, for a cause related to the operation of a motor vehicle while intoxicated by alcohol or a drug, while impaired by alcohol or a drug, or while under the influence of alcohol or a drug; or
(3) The denial after November 29, 1990, of an application for a license to operate a motor vehicle for a cause related to the operation of a motor vehicle while intoxicated by alcohol or a drug, while impaired by alcohol or a drug, or while under the influence of alcohol or a drug.
(d) Except for a motor vehicle action that results from the same incident or arises out of the same factual circumstances, a motor vehicle action occurring within 3 years of a previous motor vehicle action is grounds for:
(1) Denial of an application for any certificate, rating, or authorization issued under this part for a period of up to 1 year after the date of the last motor vehicle action; or
(2) Suspension or revocation of any certificate, rating, or authorization issued under this part.
(e) Each person holding a certificate issued under this part shall provide a written report of each motor vehicle action to the FAA, Civil Aviation Security Division (AMC-700), P.O. Box 25810, Oklahoma City, OK 73125, not later than 60 days after the motor vehicle action. The report must include:
(1) The person's name, address, date of birth, and airman certificate number;
(2) The type of violation that resulted in the conviction or the administrative action;
(3) The date of the conviction or administrative action;
(4) The State that holds the record of conviction or administrative action; and
(5) A statement of whether the motor vehicle action resulted from the same incident or arose out of the same factual circumstances related to a previously reported motor vehicle action.
(f) Failure to comply with paragraph (e) of this section is grounds for:
(1) Denial of an application for any certificate, rating, or authorization issued under this part for a period of up to 1 year after the date of the motor vehicle action; or
(2) Suspension or revocation of any certificate, rating, or authorization issued under this part.
Research Notes
The Two-Year Reporting Rule and Certificate Consequences
Section 61.15 covers two distinct categories of conduct: (1) drug-related criminal convictions under § 61.15(a), and (2) motor vehicle actions — DUI/DWI convictions, license suspensions or revocations, and license denials — under § 61.15(c)-(f).
The critical motor vehicle reporting requirement under § 61.15(e): every certificate holder must report a motor vehicle action (DUI conviction, license suspension/revocation/denial) to the FAA Civil Aviation Security Division within 60 days of the action. This requirement exists independently of whether the FAA also finds out through other means. Failure to report is separately grounds for certificate action.
Two motor vehicle actions within any 3-year window trigger the "two strikes" provision of § 61.15(d) — grounds for certificate denial, suspension, or revocation.
Cross-Reference to § 91.17 and § 91.19
Section 61.15(b) incorporates § 91.17(a) (the 8-hour bottle-to-throttle rule and 0.04% BAC limit) and § 91.19(a) (carrying narcotic drugs in an aircraft). Acting in violation of either makes a pilot subject to certificate action under § 61.15 — not just an enforcement action under Part 91.
Scope of "Motor Vehicle Action" Under § 61.15(c)
The definition is broad and includes not just convictions, but also administrative actions (license suspended by DMV without a conviction) and denials of license applications. All are reportable. The date that triggers the 60-day clock is the date of the motor vehicle action, not the date of the underlying incident. If a license is suspended 30 days after an arrest, the 60-day clock starts on the date of suspension.
NTSB Precedent
The NTSB has consistently upheld certificate revocation for failure to report motor vehicle actions, treating the reporting failure as an independent violation separate from the underlying DUI. See Administrator v. Crum, 6 NTSB 1436 (1988) — non-reporting of a state DUI conviction supported independent certificate suspension.
Drug Testing and Medical Certificate Connection
The FAA's drug testing program (applicable to Part 121/135 operations) is separate from § 61.15. However, a positive test result or refusal creates its own medical certificate and certificate consequences that overlap with this section. Airmen who self-disclose substance use issues should contact the HIMS AME (Human Intervention Motivation Study — FAA-designated aerospace medical examiner) program before any certificate action begins.
Amendment History
AOA Notes
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CFI Commentary
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