A Higher Fine and Flying Disqualification for Pilot Refused to Cooperate in Alcohol Test
Today, the prosecution officer of the PPS North Holland demanded a fine of € 7.000,- and a 59-week flight disqualification against a 64-year-old American pilot. According to the PPS, the man, as captain of a passenger aircraft on 8 December 2021, refused to cooperate with a blood test to determine his alcohol consumption. That is an offence that is punishable under article 11.6(6) of the Aviation Act.
Alcohol
According to the PPS, the suspect intended to fulfil his function as captain while there was a strong suspicion that he had drunk too much alcohol. That is a serious matter and very dangerous. Fortunately, a fellow-worker of the aviation company had taken his responsibility by informing the aviation police in time that there were signs that the cockpit crew had consumed too much alcoholic beverages the night before. During a preliminary breath test, the aviation police found that the captain probably still had too much alcohol in his body. The suspect then voluntarily went to the office of the Royal Military Police, where an attempt was made to conduct a final breath analysis. This failed and cooperation in a blood test was therefore ordered. The suspect refused that cooperation.
Refusing of Blood Test
A blood test may be refused only if there are medical reasons for doing so, but no such reason was given by the captain. The aviation police and the Royal Military Police spent over seven hours investigating the captain’s alcohol consumption. A doctor who came to the office of the Royal Military Police for the blood test went back without having done the job because of the refusal of the captain. The prosecutor described the captain's behaviour at the trial as follows: ‘The behaviour displayed by the suspect at the office of the Royal Military Police is unacceptable and does not suit a captain. Immature, dragging behaviour, apparently with the sole purpose of not having to take any responsibility and to evade the consequences of his own actions.
Punishment
The prosecutor at the trial: ‘’Whereas at first the suspect apparently had no trouble to take in this dose of alcohol, he did later have a lot of trouble acknowledging that earlier irresponsible behaviour and taking responsibility for it, or at least allowing the authorities to conduct an investigation into it. You could say that if the suspect had followed the rules, he could have been open and honest in the investigation. By not having done so, he did not make it possible to establish what his breath or blood alcohol content was.”
The prosecutor demanded a monetary fine of € 7.000,- and a 59-week flight disqualification. The judge ruled immediately and sentenced the suspect to a fine of € 5.000,- and a flight disqualification of 59 weeks, of which 28 weeks were conditional.