How The FAA’s New Rule on Drug and Alcohol Regulations Impacts Repair Stations

In late 2024, the FAA published a long-pending final rule mandated by Congress in 2012 to expand drug and alcohol testing requirements to safety-sensitive aviation personnel at repair stations outside the United States.

The new regulatory language has been incorporated into Part 120, subpart A. The final rule and related explanatory material have been published in the Federal Register.

The agency acknowledged during the rulemaking process there was no empirical safety evidence supporting the rule, but its governmental hand was forced by legislative mandate.

What is the new drug and alcohol testing rule?

The new rule revises Part 120 to apply to all Part 145 certificate holders and their noncertificated contractors outside the territory of the United States performing safety-sensitive maintenance functions on part Part 121 air carrier aircraft.

Affected repair stations must meet the requirements of the U.S. Department of Transportation drug and alcohol regulations contained in 49 CFR Part 40 and the FAA regulations in 14 CFR Part 120.

Compliance is required beginning Dec. 20, 2027.

If a repair station cannot meet one or all requirements, perhaps because of the laws of the country where the repair station is located (a phrase ARSA fought hard to get included in the 2012 law) it may apply for an exemption from the DOT rules or a waiver from the FAA’s.

The rule also allows foreign governments to apply for a waiver applicable to all FAA safety sensitive employees within the government’s territories recognizing existing requirements under the laws of the country as a compatible alternative that contains the minimum key elements in the U.S. rules.

Canada is the only country whose repair stations are excluded from the new testing requirements because the United States and Canada recognize each other’s certificates, but the FAA does not certificate Canadian approved maintenance organizations.

Why is this important for aviation organizations?

ARSA—along with other aviation organizations—pushed back on the 2023 rulemaking proposal.

The association and its allies argued that maintenance professionals do not have the tools or expertise to parse international law—required to ensure legal operations in other countries—the government should carry that responsibility.

The proponents of expanded D&A testing requirements had returned to the inkwell multiple times to create pressure in each of the FAA reauthorization bills since 2012.

The government moved ahead as instructed by lawmakers, despite broad industry feedback regarding:

• Practical challenge
• Legal difficulty
• Absence of safety rationale

How does the new D&A testing rule impact operations?

In addition to other congressional requirements addressing repair stations outside the United States, the new rule will impact maintenance businesses everywhere. Already stretched supply chains will face new costs and complexities for the sake of an unevenly imposed standard.

In addition to the Canadian exception, airline mechanics located outside the United States will not be required to enter a testing pool.

Factoring in successful exemptions and waivers, the international market will mix various programs and standards complicating compliance for all, including the air carrier customers at the top of the maintenance tiers.

How to ensure your repair station complies with the new rule

Even with two years until the compliance date, handling that complexity requires action now.

ARSA has been working with its international members and the FAA’s Drug Abatement Division to develop tools and guidance for seeking waivers or exemptions. It also has petitioned—and now re-petitioned—the agency to amend the new rule and simplify compliance, oversight and enforcement.

Keeping the global supply chain moving after December 2027 demands action now. All maintenance professionals should take an interest in the unnecessary expansion of a government-mandated testing regime.

International companies—and domestic ones depending on international vendors, customers, or partners—should also determine compliance needs by coordinating their resources, including

• Quality
• Legal
• HR

Those interested in learning more about the background on the D&A testing issue can review these details online.

Readers can also help support the industry’s petition to simplify the new rule and view the other seven organizations supporting it on ARSA’s website.