(a) As used in this part, “crewmember” means any person performing or assigned to perform any duty in a civil aircraft during the time that the aircraft is undergoing pre-flight inspection, boarding or carrying passengers or crew or any time the aircraft is under power or in flight.

Attorney's Note

Under the Tennessee Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class A misdemeanorup to 11 monthsup to $2,500
For details, see Tenn. Code § 40-35-111
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Terms Used In Tennessee Code 42-1-201

  • crewmember: means any person performing or assigned to perform any duty in a civil aircraft during the time that the aircraft is undergoing pre-flight inspection, boarding or carrying passengers or crew or any time the aircraft is under power or in flight. See Tennessee Code 42-1-201
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105
(b) It is an offense for any person to operate or attempt to operate, or act or attempt to act, as a crewmember of any civil aircraft:

(1) Within eight (8) hours after consumption of any alcoholic beverage;
(2) While under the influence of alcohol;
(3) While using any substance that affects the crewmember’s faculties in any way contrary to safety; or
(4) With four one-hundredths of one percent (0.04%) or more by weight of alcohol in the crewmember’s blood.
(c) A violation of this section is a Class A misdemeanor. In addition to the authorized punishment for a Class A misdemeanor, the court may prohibit the defendant from operating or acting as a crewmember on an aircraft for a period not to exceed one (1) year.
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