Civil Aviation Act 2023

Aviation documents, medical certification, and drug and alcohol testing - Drug and alcohol management plans and testing

113: Interpretation

You could also call this:

"What special words mean in the Civil Aviation Act 2023"

Illustration for Civil Aviation Act 2023

When you read this part of the law, some words have special meanings. A bodily sample is something from your body, like blood or breath. It can also be a tissue from your body, like skin or hair.

You will see the term DAMP, which is short for drug and alcohol management plan. This plan is developed according to the rules in section 114. A DAMP operator is someone who does a job that involves safety-sensitive activities and has to follow the rules.

The law also talks about Director testing, which is drug or alcohol testing done under section 116. A drug or alcohol test checks if you have drugs or alcohol in your body. It can check if you have any at all, or if you have a certain amount.

If your test result is negative, it means you do not have drugs or alcohol in your body, or you have less than a certain amount. Random testing is when you are chosen for a drug or alcohol test without being told ahead of time. This is done according to the rules in section 115.

A response plan is a set of actions that a DAMP operator takes if you refuse a drug or alcohol test or if your test result is not negative. A safety-sensitive activity is a job that could affect the health or safety of people on an aircraft. A safety-sensitive worker is someone who does a safety-sensitive activity, like a pilot or a flight attendant.

A testable drug is a drug that is specified in a DAMP, according to the rules in section 114. These are the special meanings of some words in this part of the law.

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This page was last updated on 29 June 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7095202.

Topics:

Transport and travel > Air travelHealth and wellbeing > Public health

112: Failure to disclose medical information, or

"Telling the Director about your medical condition: what you must do"

114: DAMP operator must develop DAMP, or

"Drugs and alcohol: operators must create a plan to keep workers safe."

Part 4Aviation documents, medical certification, and drug and alcohol testing
Drug and alcohol management plans and testing

113Interpretation

In this subpart, unless the context otherwise requires,—
bodily sample means any of the following:
1. biological fluid:
2. biological tissue (whether living or not):
3. breath
DAMP means a drug and alcohol management plan developed in accordance with section 114
DAMP operator means a person who—
1. conducts an operation that involves 1 or more safety-sensitive activities; and
2. is required under the rules to hold an aviation document for that operation; and
3. is in a class of persons specified in the rules as a DAMP operator
Director testing means drug or alcohol testing carried out under section 116
drug or alcohol test means—
1. a test of a person’s bodily sample to determine the presence, but not the level, of alcohol or a testable drug (or both) in the sample; or
2. a test of a person’s bodily sample to determine the presence and the level of alcohol or a testable drug (or both) in the sample
negative result, in relation to a drug or alcohol test, means that the test reveals—
1. that alcohol or a testable drug (or both) is not present in the bodily sample; or
2. if the DAMP specifies a level of alcohol or a testable drug in relation to a test, that alcohol or a testable drug (or both) is not present in the body at or above the specified level
random testing means drug or alcohol testing of a safety-sensitive worker by a DAMP operator under section 115, where the worker—
1. is selected for testing in a way that is non-discriminatory; and
2. is not given advance notification of the testing
response plan means that part of a DAMP that is concerned with actions taken by the DAMP operator in relation to a safety-sensitive worker who refuses to consent to a drug or alcohol test or whose test returns a result other than a negative result, and includes reasonable arrangements and processes developed by the DAMP operator for—
1. prohibiting the worker from performing a safety-sensitive activity; and
2. permitting the worker to resume performing safety-sensitive activities, if the worker can do so safely
safety-sensitive activity—
1. means an activity that—
  1. could significantly affect the health or safety of any person on board an aircraft, including the person performing the activity; or
  2. if not performed safely, could cause or contribute to an accident or incident involving an aircraft; and
2. includes an activity prescribed under the rules
safety-sensitive worker—
1. means an individual employed or engaged by a DAMP operator in a role that involves the individual performing a safety-sensitive activity; and
2. includes the DAMP operator, if the DAMP operator is an individual
testable drug, in relation to a DAMP, means a drug specified under section 114(2)(b)(i) in the DAMP.