The Delhi High Court on Thursday allowed breath analyser test (BAT) through tube process for air traffic controllers (ATCs) that was previously suspended in view of the COVID-19 pandemic.
Justice Navin Chawla allowed a plea by Directorate General of Civil Aviation (DGCA), seeking modification of an earlier order and to implement the medical report of Directorate General of Medical Services (DGMS).
As per the DGMS medical board’s recommendation, one machine once used to test a person shall not be reused for the next 12 hours.
The High Court said the interest of ATCs and passengers has to be balanced and noted that BAT is being presently conducted on pilots also in a restricted manner and the medical report has been given by those who are experts in their fields.
The DGCA’s application was filed in pending petition by the Air Traffic Controllers’ Guild (India) which had sought direction to DGCA and the Airport Authority of India (AAI) to temporarily suspend BAT through the current tube process to prevent further spread of the virus.
Efficiency of BAT
The DGCA said in pursuance to the High Court’s earlier order, DGMS (Air) had convened a meeting with representatives from the DGCA and the AAI to formulate the alternative protocol to conduct BAT and it was concluded that BAT is the most efficient and reliable form of detecting alcohol in the breath of a person.
It said the other methods, such as the testing of blood and urine are neither considered to be practical nor there is any provision in any Civil Aviation Requirements (CARs) till date.
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