ELOM:2023:010 | Purser under the influence of alcohol | North Holland
Decision: 25 April 2023 PPS North Holland
Aviation case category: Major commercial air transport
Formal links: -/-
Content indication: Purser of foreign airline under the influence of alcohol. Result of requested counter analysis not shared. Out-of-court settlement proposal of €1,000 accepted.
PPS Decision
in the case against a purser 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 Article 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] 2022, the suspect was preparing to start work on board an aircraft as a purser of a foreign airline. A breath test was conducted when the result of a preliminary breathalyser test showed an alcohol reading above the legal limit. The result of that breathalyser test was 295 µg/l (micrograms of alcohol per litre of air exhaled).
The suspect took the opportunity to request a counter analysis. That took some time. The suspect decided not to share the result of the counter analysis with the aviation police.
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 275 and 300 µg/l, the Directive on criminal procedure for aviation laws and regulations starts out from a fine of €1,100.
The suspect was offered a €1,000 out-of-court settlement. This takes into account the costs incurred for the counter analysis. The suspect accepted this offer of an out-of-court settlement.