Maintenance and Modifications
Court upholds drug and alcohol testing requirements
In a lawsuit initiated in March last year, the Aeronautical Repair Station Association (ARSA) challenged the FAA mandate that anti-drug and alcohol testing

In a lawsuit initiated in March last year, the Aeronautical Repair Station Association (ARSA) challenged the FAA mandate that anti-drug and alcohol testing programs apply to aviation maintenance contractors “at any tier.”

In a two-to-one decision, the U.S. Court of Appeals for the District of Columbia Circuit agreed with ARSA that the FAA violated the Regulatory Flexibility Act (RFA) by not properly considering the effect of its rule on small businesses. While the Court upheld the agency’s new testing requirements, it remanded the rule, directing the FAA to conduct the proper RFA analysis.

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