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I just got off the phone the the Casper, WY FSDO. Apparently the FAA (in it's infinite wisdom) created a new regulation, 91.147, back in February, but didn't notify anybody. My FSDO (helena) didn't know about the reg until I called and sent a letter to comply with it. Looking through Jeppesen and ASA's FAR update sites, they didn't get the word either. It's this kind of idiocy that makes it so hard to work with the FAA.


Link to 91.147


§ 91.147 Passenger carrying flights for compensation or hire.

Each Operator conducting passenger-carrying flights for compensation or hire must meet the following requirements unless all flights are conducted under §91.146.


(a) For the purposes of this section and for drug and alcohol testing, Operator means any person conducting nonstop passenger-carrying flights in an airplane or helicopter for compensation or hire in accordance with §§119.1(e)(2), 135.1(a)(5), or 121.1(d), of this chapter that begin and end at the same airport and are conducted within a 25-statute mile radius of that airport.


(b ) An Operator must comply with the safety provisions of part 136, subpart A of this chapter, and apply for and receive a Letter of Authorization from the Flight Standards District Office nearest to its principal place of business by September 11, 2007.


(c ) Each application for a Letter of Authorization must include the following information:


(1) Name of Operator, agent, and any d/b/a (doing-business-as) under which that Operator does business;


(2) Principal business address and mailing address;


(3) Principal place of business (if different from business address);


(4) Name of person responsible for management of the business;


(5) Name of person responsible for aircraft maintenance;


(6) Type of aircraft, registration number(s), and make/model/series; and


(7) An Antidrug and Alcohol Misuse Prevention Program registration.


(d) The Operator must register and implement its drug and alcohol testing programs in accordance with part 121, appendices I and J, of this chapter.


(e) The Operator must comply with the provisions of the Letter of Authorization received.


[Doc. No. FAA–1998–4521, 72 FR 6911, Feb. 13, 2007]

Edited by PhotoFlyer
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Actually, that rule has been around for a while, not necessarily in an FAR type form.


Since the 90s, any commercial operator has had to have a drug testing policy is place if they're involved in the carriage of common public. This was required for tour and ride operations, but NOT flight instruction, photo flights, power/pipeline patrol, and other non-135 work. See where it says 119.1(e)(2)? It was part of a big DOT ruling spearheaded by Elizabeth Dole that included other like bus drivers, ferry captains, etc.


I don't think anything has changed in the law, just that you have to give the FSDO the info by 9/11/07 (which they may or may not have gotten around to tell everyone.)

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Here is another fun little rub while we are at it. If you happen to do both (for example we do some fixed wing survey stuff now and again) it cannot be the same program. So now the company needs to pay for and administer 3 programs all for the same DOT, one for the 135, one for the 91, and one for the commercial drivers. Anybody been through an audit with these folks yet? Boy is that fun. Quite frankly it is my personal opinion they are checking the wrong folks because someone, somewhere in the DOT food chain is smokin something. Seriously I'd like to see all government employees get to enjoy a drug and alcohol program.


rant off



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