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Public Act 92-0517
SB647 Re-enrolled LRB9204792RCcdA
AN ACT in relation to aeronautics.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Aeronautics Act is amended by
changing Section 43d as follows:
(620 ILCS 5/43d) (from Ch. 15 1/2, par. 22.43d)
Sec. 43d. Intoxicated persons in or about aircraft.
(a) No person shall:
(1) Operate or attempt to operate any aircraft in
this State while under the influence of intoxicating
liquor or any narcotic drug or other controlled
substance.
(2) Knowingly permit any individual who is under
the influence of intoxicating liquor or any narcotic drug
or other controlled substance to operate any aircraft
owned by the person or in his custody or control.
(3) Perform any act in connection with the
maintenance or operation of any aircraft when under the
influence of intoxicating liquor or any narcotic drug or
other controlled substance, except medication prescribed
by a physician which will not render the person incapable
of performing his duties safely.
(4) (i) Consume alcoholic liquor within 8 hours
prior to operating or acting as a crew member of any
aircraft within this State.
(ii) Act as a crew member of any aircraft
within this State while under the influence of
alcohol or when the alcohol concentration in the
person's blood or breath is 0.04 or more based on
the definition of blood and breath units contained
in Section 11-501.2 of the Illinois Vehicle Code.
(iii) Operate or act as a crew member of any
aircraft within this State when the alcohol
concentration in the person's blood or breath is
0.04 or more based on the definition of blood and
breath units contained in Section 11-501.2 of the
Illinois Vehicle Code.
(iv) Operate or act as a crew member of any
aircraft within this State when there is any amount
of a drug, substance, or compound in the person's
blood or urine resulting from the unlawful use or
consumption of cannabis as listed in the Cannabis
Control Act or a controlled substance as listed in
the Illinois Controlled Substance Act.
(5) Knowingly consume while a crew member of any
aircraft any intoxicating liquor, narcotic drug, or other
controlled substance while the aircraft is in operation.
(b) Any person who violates clause (4)(i) of subsection
(a) any provision of this Section is guilty of a Class A
misdemeanor. A person who violates paragraph (2), (3), or (5)
or clause (4)(ii) of subsection (a) of this Section is guilty
of a Class 4 felony. A person who violates paragraph (1) or
clause (4)(iii) or (4)(iv) of subsection (a) of this Section
is guilty of a Class 3 felony.
(Source: P.A. 87-458.)
Passed in the General Assembly May 16, 2001.
Governor Amendatory Veto August 10, 2001.
General Assembly Accepts Amendatory Veto November 28, 2001.
Returned to Governor for Certification December 07, 2001.
Governor Certifies Changes January 01, 2002.
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