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Licencing rules Section 23 of Part 2 of the Civil Aviation Safety Regulations 1998 (CASR) defines ‘charged with in relation to certain offences’ to include psychoactive substance offences. Regulation 60 defines psychoactive substances to include alcohol. Regulation 35 defines the meaning of convicted as: A person being found guilty of the offense but is discharged without a conviction. In addition, a person is taken to have been convicted of a psychoactive substance office if: The law provides for the issue, in relation to the offense, of an expiation notice (a notice stating that payment can be made as an alternative to prosecution); and Such notice was issued to the person in relation to the offence; and The person paid the penalty required by the notice. Regulation 67.020 states that a person who holds a medical certificate is found guilty of an offense if: They are found guilty of the offence but are discharged without a conviction being recorded; or They consent to being found guilty for a lesser sentencing. Regulation 67.150 of the CASR 1998 sets out who meets the requirements of a class 1 medical. Item 1.5 in the table states that a person who holds a class 1 medical does not engage in any problematic use of substances. Regulation 67.125 requires the holder of a medical certificate to report a medical condition (inclusive of substance abuse) to a DAME who must then report to CASA within 5-working days. Regulation 67.265 also imposes the holder of a medical certificate to report a change in medical conditions including a ‘medically significant condition’ which include substance abuse and dependency. This will cause the holder to be in breach of 67.150. Medical certification impact A charge or conviction for drinking and driving may trigger scrutiny of a pilot’s medical fitness, especially if it is seen as evidence of “problematic alcohol use”. The CASA Clinical Practice Guidelines for alcohol cite that a DUI offence within five years is a risk factor. The pilot may be required to demonstrate abstinence, provide blood tests (LFTs, MCV, CDT) and may face surveillance or monitoring if re‑medical certification is sought. Even if the licence is not immediately revoked, the medical certificate (which is required for flying) may be suspended or subject to conditions until the pilot satisfies regulatory/medical assessment. Regulatory enforcement CASA has authority to vary, suspend or cancel aviation authorisations (including licences) if a person is demonstrably unable or unwilling to comply with safety rules. Random drug and alcohol testing is possible in safety‑sensitive operations; positive tests or offences may trigger further action. Career and professional consequences A drinking‑and‑driving conviction may damage a pilot’s professional credibility and employability. Employers (especially commercial operators) will view any indication of alcohol misuse as a risk. Re‑entering flying duties may require rehabilitation or monitoring programs. According to literature, while recovery is possible, it is not straightforward: “It’s not an easy road, but … the alternative is likely to be a premature and permanent end to a flying career.” Even for private pilots (non‑commercial), the offence may mean that recency, ratings, endorsements or medicals may be delayed or conditioned. For those aspiring to higher licences (commercial, airline transport), the burden to demonstrate fitness is higher and the stakes greater. What to do (and what to expect) If charged with drinking and driving, a pilot should self‑report as required under any licence/medical obligations. Failure to do so may exacerbate regulatory consequences. Engage with a Designated Aviation Medical Examiner (DAME) early to assess what medical/rehabilitation steps may be required. Be prepared for a period of non‑flying while the medical fitness and alcohol/behavioural aspects are assessed (could be 12 months+ of abstinence depending on case). Ensure documentation (police records, rehabilitation programs, blood test monitoring, etc) is available to support any application for licence/medical reinstatement. Recognise that returning to flying is possible in some cases, but not guaranteed—and may require conditions (e.g., random testing, restriction on licence operation). Case: Chernikeeff & Civil Aviation Safety Authority [2020] AATA 25 www.austlii.edu.au In this matter the applicant (a private pilot licence holder) had his licence cancelled by CASA on 12 July 2018. The case was reviewed by the Administrative Appeals Tribunal (AAT). The AAT set aside CASA’s cancellation decision and substituted a decision suspending the licence instead of cancelling it. The new decision imposed significant conditions before reinstatement, including: Minimum of 15 hours remedial flight training at an approved flight training school and a written report from the school. A flight test under supervision of a CASA officer or approved examiner. A psychological evaluation by a psychologist acceptable to CASA, addressing the applicant’s insight into the conduct and the likelihood of repeating it. Ongoing reporting: e.g., every six months until 30 June 2022 the applicant must furnish to CASA copies of his Pilot Logbook and relevant aircraft maintenance release pages. Flying with passengers was precluded until 30 June 2021. Why this case is instructive for drink‑driving / alcohol‑related issues Although the published summary does not specify a drink‑driving conviction in that particular case, it shows that CASA applies very stringent conditions when the pilot’s conduct indicates risk (which could include alcohol issues). The regulatory ground used by CASA under regulation 269 of the Civil Aviation Regulations 1988 (Cth) is that the holder is not a fit and proper person or has “failed in his or her duty with respect to any matter affecting the safe navigation or operation of an aircraft”. The case emphasises that when issues of safety, reliability, and fitness arise (including substance use or prior convictions) the licence may be suspended or cancelled rather than simply left unaddressed. Key take‑aways for pilots facing drink‑driving or alcohol‑issues A drink‑driving conviction (or multiple convictions) is an important factor in the aeromedical assessment by CASA or a DAME (Designated Aviation Medical Examiner). For example, CASA’s Clinical Practice Guidelines for alcohol say that a DUI within 5 years is a risk factor. Even if the licence is not outright cancelled, substantial conditions — remedial training, psychological evaluation, monitoring, prohibition from flying passengers — may be imposed as the Chernikeeff case shows. The regulator places safety of air navigation as the paramount consideration; hardship to the licence‑holder is not necessarily a mitigating factor in the licence decision. The decision‑making framework allows CASA (or the AAT on review) to impose long‑term monitoring and restrictions, not simply a short suspension. Summary In Australia, being charged with drinking and driving as a pilot has serious implications beyond the standard road‑law penalties. Because aviation safety demands a very high standard of fitness and integrity, a DUI offence can trigger regulatory review, medical certification issues, possible licence suspension or cancellation, and major career impact. While it is possible in some cases to rehabilitate and return to flying, the process is rigorous and uncertainty remains.

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