- The Air India AI2379 pilot was not drug-tested before the flight due to the aviation watchdog's rules
- Post-flight screening detected cannabis in the pilot's bloodstream, confirmed by a follow-up test
- DGCA regulations mandate psychoactive substance tests post-flight or randomly, not before every flight
The pilot-in-command of Air India flight AI2379, whose aircraft suffered a sudden loss of altitude during its Phuket-Delhi flight, was not subjected to a psychoactive-substance test before the August 4 flight because existing DGCA rules do not require such testing before every flight.
The distinction has assumed significance after the pilot's post-flight screening reportedly returned a non-negative result for cannabis/marijuana, followed by a confirmatory test that reportedly detected the substance, according to officials familiar with the matter.
The development has raised questions over why the pilot was not tested before take-off and whether the post-flight test was part of a routine random testing programme or was conducted because of the incident involving the aircraft.
The answer lies in a distinction within the Directorate General of Civil Aviation's regulations between pre-flight breathalyser testing for alcohol and testing for a wider range of psychoactive substances.
What Happened On AI2379?
Air India's Airbus A320, VT-EXO, operating flight AI2379 from Phuket to Delhi on August 4, experienced a sudden loss of altitude of around 300 feet during cruise. The aircraft subsequently stabilised and landed safely in Delhi.
The incident left 20 people injured, including passengers and members of the cabin crew. The Aircraft Accident Investigation Bureau (AAIB) is investigating the occurrence, which the government has described as a "Serious Incident".
Following the incident, both pilots underwent psychoactive-substance screening.
The Ministry of Civil Aviation said the testing was carried out "as part of the Standard Operating Procedures following such an occurrence". The pilot-in-command's initial screening required confirmatory testing, and he was taken off flying duties pending the outcome.
The subsequent confirmatory test has reportedly tested positive for marijuana/cannabis.
The crucial question is: Why was there no similar psychoactive-substance test before the Phuket-Delhi flight?
DGCA Rules Do Not Require A Drug Test Before Every Flight
The relevant regulation is the DGCA's Civil Aviation Requirements, Section 5, Series F, Part V, titled "Procedure for examination of the aviation personnel for detection of consumption of Psychoactive Substances."
The CAR does not prescribe a urine-based psychoactive-substance test before every flight. In fact, Para 6.3 specifically states, "The test shall be carried out post flight/post shift or anytime during the duty period as the case may be."
The regulation therefore explicitly allows testing after a flight, after a shift or during the duty period. More importantly, Para 6.4 of the CAR states, "The pre-flight testing requirement will be introduced in due course..."
The existing framework does not establish a mandatory pre-flight drug test for every pilot comparable to the pre-flight breathalyser system for alcohol.
When Are Pilots Tested?
The CAR provides for random testing as well as testing in specified circumstances.
Under Para 4.1, scheduled commercial aircraft operators and air navigation service providers are required to conduct random testing for psychoactive substances among flight crew members and air traffic controllers.
Scheduled commercial aircraft operators are required to conduct random testing for psychoactive substances among flight crew members. The programme must cover at least 10 per cent of employees in a year, with the selection process designed to ensure that employees must have an equal chance of being selected and that "specific individuals or groups must not be targeted."
The rules also provide for testing before employment, before admission of trainee pilots to a flying training organisation, follow-up testing of confirmed cases and certain other specified circumstances.
Why Was The Test Conducted After The Flight?
A pilot being tested after completing a flight is in line with the regulations. The regulatory system combines random testing, testing in specified circumstances and testing during or after duty.
That is different from a system in which every pilot is screened for drugs before every departure.
In the AI2379 case, the Ministry of Civil Aviation has said the pilots were tested following the serious incident. The exact operational basis on which the testing was ordered will be relevant to determining whether it was a routine random test or an incident-triggered examination.
What About Pre-Flight Breathalyser Tests?
The confusion partly arises because aviation personnel are subject to pre-flight breathalyser testing for alcohol under a separate DGCA CAR.
The breathalyser regime and the psychoactive-substance testing regime are not the same.
The breathalyser test is designed to detect alcohol, while the psychoactive-substance programme involves urine testing for a specified panel of substances, including cannabis, cocaine, amphetamine-type stimulants, opiates, barbiturates and benzodiazepines.
Therefore, the existence of a mandatory pre-flight alcohol test does not mean that a pilot is also routinely subjected to a pre-flight urine test for psychoactive substances.
Courts have also recognised the distinction. The Delhi High Court has referred to the DGCA's requirement that flight crew undergo pre-flight breath-analyser examination and has described the purpose of that testing as ensuring that pilots do not operate an aircraft under the influence of alcohol or other substances that could affect safety.
What Does "Non-Negative" Mean?
The psychoactive-substance procedure provides for an initial screening test followed by confirmatory testing when the screening result is "non-negative". A non-negative screening result means the initial test has detected a substance requiring further laboratory confirmation. It is not, by itself, the final determination of a confirmed positive result.
The rules provide for the employee to be removed from safety-sensitive duties while the confirmatory process is completed. This is why the initial government statement referred to the AI2379 pilot's result as requiring confirmatory testing rather than immediately describing it as a confirmed positive.
The subsequent confirmatory test has reportedly detected marijuana/cannabis.
What Happens After A Confirmed Positive?
The CAR provides a graduated response to confirmed positive results.
A first confirmed positive triggers medical evaluation and rehabilitation/de-addiction measures as applicable, followed by requirements that must be fulfilled before the individual can return to safety-sensitive duties. A second confirmed positive can result in suspension of the person's licence for three years. A third positive can lead to cancellation of the licence.
The CAR also provides for a Medical Review Officer to determine, in the case of a confirmed positive result, whether the result could have arisen from legitimate therapeutic treatment or another innocuous source.
Ministry Orders Review of Rules
The Civil Aviation Ministry has asked the DGCA to review the framework for psychoactive-substance testing of pilots after studying protocols followed in other countries, sources have told NDTV.
Sources said the existing norms broadly follow international standards, but the DGCA is examining whether the framework needs to be strengthened.
The pilot was seen on CCTV apparently unable to stand, sources have told NDTV. He had to be helped to a seat. The airline's internal flight safety report accessed by NDTV also showed that he was on medication for sleep problems.
The pilot has denied any wrongdoing.
The incident report accessed by NDTV indicated that he was not in his seat when the aircraft lost 300 feet of altitude over Odisha. The co-pilot was in command of the aircraft, while a crew member was in the pilot's seat.
Sources said a cabin crew member has filed a complaint against the pilot alleging that he smoked cannabis.
The Unanswered Regulatory Question
The AI2379 case has exposed a gap, or at least a significant distinction, in India's aviation safety framework.
The existing DGCA CAR does not require a psychoactive-substance test before every flight. Instead, it relies on random testing, testing in specified circumstances and testing during or after duty.
For now, the regulatory position is clear: there is no blanket requirement under the psychoactive-substance CAR for a pilot to undergo a drug test before every flight.
