ELOM:2023:029 | Stewardess under the influence of alcohol | North Holland

Decision in Aviation Case | 20-12-2023

PPS Decision

in the case against a stewardess of a Dutch airline, referred to below as the suspect.

Reason for the investigation

The investigation was launched following findings during a regular alcohol check at Schiphol Airport.

Suspected offence

Violation of Article 29 Basic Regulation (Regulation 2018/1139) in conjunction with point 7.6 of Annex V.

Facts and circumstances

Based on the aviation police report, it can be established that the suspect was under the influence of alcohol on [a date in the year] 2023 when entering the airport to perform duties as a crew member of a flight of a Dutch airline.

The alcohol ban is formulated as an essential requirement for flight operations in Article 29 of the Basic Regulation (EU Regulation 2018/1139). This provision refers to Annex V to that regulation, point 7.6 of which provides, inter alia, that a crew member may not perform assigned duties on board under the influence of alcohol. According to established case law, duties or work on board also includes pre-flight preparations. Entering the part of an airport intended for aircrew, part where a crew centre is located, is considered as performing preparatory acts. The prohibition in point 7.6 is concretised by, inter alia, the provisions of Article 2.12(3) of the Aviation Act. There, the limit is 90 µg/l (micrograms of alcohol per exhaled litre of air) 'for measurement reasons'.

The result of the breath analysis was 105 ug/l. The suspect stated to the aviation police and during a hearing with the aviation prosecutor that she was unaware of any wrongdoing and was surprised at the outcome. Although she had drunk several glasses of wine the night before, the amount she mentioned could not explain the result, especially given the usual breakdown rate of a glass of alcoholic beverage. There was also no question of consuming so much alcohol in the previous days that this could have affected the outcome of the alcohol test. However, according to the suspect, she had had a hard week, was tired and had not had breakfast yet. During the hearing with the aviation prosecutor, the suspect stated that the airline dismissed her with immediate effect.

Decision

In view of the suspect's dismissal and the extent of the established alcohol consumption, the aviation prosecutor decided to deviate from the starting point set out in the Directive on criminal procedure for aviation laws and regulations (a fine of €275). The consequences of this offence have been so great for the suspect that, in the opinion of the aviation prosecutor, a penalty is no longer appropriate. The criminal case was therefore dismissed.