---
kind: "section"
citation: "14 C.F.R. § 120.35"
title: "14"
number: "120.35"
heading: "Testing for prohibited drugs."
url: "https://uscodex.org/cfr/14/120.35"
---

# §120.35. Testing for prohibited drugs.

- (a) Each certificate holder or operator shall test each of its employees who perform a function listed in subpart E of this part in accordance with that subpart.
- (b) Except as provided in [paragraph (c)](#c) of this section, no certificate holder or operator may use any contractor to perform a function listed in [subpart E](/cfr/14/subpartE.md) of this part unless that contractor tests each employee performing such a function for the certificate holder or operator in accordance with that subpart.
- (c) If a certificate holder conducts an on-demand operation into an airport at which no maintenance providers are available that are subject to the requirements of [subpart E](/cfr/14/subpartE.md) of this part and emergency maintenance is required, the certificate holder may use individuals not meeting the requirements of [paragraph (b)](#b) of this section to provide such emergency maintenance under both of the following conditions:
  - (1) The certificate holder must give written notification of the emergency maintenance to the Drug Abatement Program Division, AAM-800, 800 Independence Avenue, SW., Washington, DC 20591, within 10 days after being provided same in accordance with this paragraph. A certificate holder must retain copies of all such written notifications for two years.
  - (2) The aircraft must be reinspected by maintenance personnel who meet the requirements of [paragraph (b)](#b) of this section when the aircraft is next at an airport where such maintenance personnel are available.
- (d) For purposes of this section, emergency maintenance means maintenance that—
  - (1) Is not scheduled and
  - (2) **Is made necessary by an aircraft condition not discovered prior to the departure for that location.**

## Notes

### Authority

Authority: 49 U.S.C. 106(f), 40101-40103, 40113, 40120, 41706, 41721, 44106, 44701, 44702, 44703, 44709, 44710, 44711, 45101-45105, 46105, 46306.

### Source

Source: Docket FAA-2008-0937, 74 FR 22653, May 14, 2009, unless otherwise noted.