Aviation Drug-Trafficking Control Act

The Aviation Drug-Trafficking Control Act was signed into law by President Ronald Reagan on October 19, 1984. The act enlisted the help of the Federal Aviation Administration (FAA) in combating drug trafficking in two areas: the certification of airmen, and the registration of aircraft. The act was not designed to empower the FAA with law enforcement duties, but instead was designed to make it more difficult and costly for drug traffickers to operate, thus deterring drug trafficking using aircraft. This article discusses the legal content of the act, the goals of this legislation, its implementation and effectiveness in deterring the trafficking of controlled substances, and its consequences for subsequent legislation.

The Aviation Drug-Trafficking Control Act was an attempt to curtail the illegal trafficking of drugs into the United States using aircraft. This act amended the Federal Aviation Act of 1958 to require the FAA to revoke the airman certificate of individuals who have been convicted of violating state or federal laws relating to controlled substances, with the exception of simple possession. In addition, the FAA is required to revoke the airman certificate of individuals who have knowingly illegally transported any controlled substance. Individuals whose pilot licenses had been revoked by the FAA for carrying illegal drugs must wait 5 years before being able to appeal the denial of a new license.

In addition to sanctioning pilots involved in drug-trafficking, this act requires the FAA to revoke the certificate of registration for an owner of an aircraft that has been used to illegally transport controlled substances. Finally, the Aviation Drug-Trafficking Control Act provides criminal penalties for violations of the act, including selling or using fraudulent certificates.

The 1984 Aviation Drug-Trafficking Control Act addressed concerns that law enforcement was unable to prevent repeated participation in aerial drug trafficking by the same pilots and aircraft over time. Granting the FAA with the power to revoke airman certificates and certificates of registration of aircraft would not only assist law enforcement efforts to curtail aerial drug trafficking, but would also fall in line with the FAA's mission of ensuring the safety of air travel. Because drug smugglers often fly at night, without lights or filing a flight plan, and at dangerously low altitudes to evade radar detection, a goal of this act was to ensure [Page 78]air traffic safety by grounding planes and pilots known to be involved in drug trafficking operations. The FAA reported that between 1980 and 1982, 155 plane crashes occurred in the United States in which illegal controlled substances were found on board.

While the Aviation Drug-Trafficking Control Act simultaneously sought to deter the actions of aerial drug smugglers and to ensure the safety of air travel, the FAA did very little to enforce the mandates of the act in the first few years following its passage. Between 1984 and 1988 the FAA revoked the registrations of only three aircraft, all of which belonged to one individual. During the same period only six airmen certificates were revoked.

As a result, Congress began a bi-partisan investigation of the FAA's role in enforcing aviation drug laws in 1988. This investigation resulted in the passage of the Federal Aviation Administration Drug Enforcement Assistance Act of 1988, which expanded the FAA's role to enhance their drug interdiction and anti-trafficking efforts.

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