Decision: 11 November 2023 PPS North Holland
Aviation case category: Major commercial air transport
Formal links: -/-
Content indication: Service manager of a foreign airline under the influence of alcohol accepts settlement proposal
PPS Decision
in the case against a service manager of a foreign airline, referred to below as the suspect.
Reason for the investigation
The investigation was opened following a routine alcohol test.
Suspected offence
Violation of 2.12(3) opening words under a of the Aviation Act.
Facts and circumstances
Based on the aviation police report, it can be established that on [date in the year] 2023, the suspect was preparing to start work on board an aircraft as a service manager of a foreign aircraft. A breath test was conducted when the result of a preliminary breathalyser test taken around 9.20am showed an alcohol reading above the legal limit. The result of that breathalyser test was 195 µg/l (micrograms of alcohol per litre of air exhaled).
Evidence considerations
The suspect stated to the aviation police that she drank two glasses of wine at the hotel between 10.30pm and 11pm the previous day and did not take any other substances (drugs or medicines). That the alcohol intake ten hours before the breath analysis was limited to two glasses of wine is not considered credible by the prosecution given the measured blood-alcohol level and the average breakdown rate of alcohol.
Decision
Working on board an aircraft under the influence of alcohol, which includes pre-flight preparations, is punishable as a criminal offence. For cabin crew and a result between 185 and 210 µg/l, the Directive on criminal procedure for aviation laws and regulations starts out from a fine of €700. The prosecution offered the suspect a settlement proposal in that amount. This proposal was accepted by the suspect.