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Why do we have regulations?
The aviation industry in Australia is regulated by the Civil Aviation Safety Regulations 1998 (CASR). Part 99 of these regulations establishes a legislative framework for the development of drug and alcohol management plans (DAMPs), similar to plans in place in other transport sectors, as well as a no-notice alcohol and other drug (AOD) testing regime for all persons involved in 'safety sensitive aviation activities' (SSAAs).
Part 99 was developed after the Australian Transport Safety Bureau (ATSB) recommended the introduction of mandatory AOD testing for the aviation sector in 2004. The ATSB's Safety Benefits of Introducing Drug and Alcohol Testing for Safety-Sensitive Personnel in the Aviation Industry report (107KB ) was prompted by a multiple-fatality aircraft accident in which AOD use by the pilot was identified as a possible contributing factor.
In response, the Australian Government directed CASA to develop an AOD management program for the aviation industry. In March 2009, Part 99 of CASRs was introduced.
It contains two key subparts:
- Subpart 99B Drug and alcohol management plans of the Civil Aviation Safety Regulations 1998 - which requires certain organisations and individuals to develop DAMPs. DAMPs are subject to audit, oversight and monitoring by CASA.
- Subpart 99C Drug and alcohol testing by CASA of the Civil Aviation Safety Regulations 1998 - which establishes a regime of no-notice AOD testing by or on behalf of CASA covering all individuals who perform SSAAs as defined in section 33 (1) of the Civil Aviation Act 1988 (the Act) and specified in CASR 99.015.
The full text of the Part 99 regulations can be found on the ComLaw website under Part 99 of the Civil Aviation Safety Regulations 1998 (CASR). CASA has also developed a Quick reference guide to the regulations to help organisations navigate Part 99 and quickly locate the information they need.