Delhi HC okays random dope test for pilots, ATCs

Since the guidelines came into effect in January 2022, at least four pilots and one air traffic controller have tested positive for the consumption of psychoactive drugs

The Delhi High Court has cleared the decision to require random drug testing of aviation personnel, including pilots, cabin crew and air traffic controllers.

Justice Prathiba M. Singh said, “after perusing CAR [Civil Aviation Requirement] as also after hearing parties and their counsels, it is clear that the testing of personnel for psychoactive substances is essential, considering the nature of services being rendered”.

The Indian Pilots Guild and the Air Traffic Controllers (ATC) Guild had moved the high court in February this year challenging the Section 5 of the CAR dealing with air safety, which was issued by the Ministry of Civil Aviation in September 2021.

The CAR, which came into effect on January 31, 2022, prescribes random testing of aviation personnel to detect any behavioural, cognitive and physiological changes due to use of psychoactive substances. The testing is done to check for substances such as amphetamine and amphetamine-type stimulants, opiates and metabolites, cannabis (marijuana), cocaine, barbiturates and benzodiazepine. Testing is done on urine samples collected from the randomly selected employees.

Till August this year, four pilots and an ATC have tested positive for psychoactive substances.

The pilots and ATCs raised various apprehensions before the court, arguing that there was no provision to consider the consumption of lifestyle medication such as medicines for hypertension or diabetes.

They also contended that the working of the rules is itself ambiguous due to the lack of a sufficient number of qualified Medical Review Officers (MROs). Additionally, there are no guidelines for appellate remedies or other remedies, if action is taken under CAR against aviation personnel, they said.