On September 3, 2020 the Delhi High Court allowed the Directorate General of Civil Aviation (DGCA) to resume breath analyser tests (BAT) for Air Traffic Controllers (ATCs). Earlier, on March 23, 2020, the High Court had ordered the suspension of the breath analyser test at all airports on the basis of a petition by the Air Traffic Controllers Guild, which said that the equipment could result in spread of Covid-19. The high court modified its March 23 interim order of suspending breath analyser tests (BAT) through tube process for ATCs, saying the DGCA will be bound by the June 16 recommendations of the medical board.
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 court was informed that the DGCA and AAI representatives in their observations have found that the breath analyser test is the most efficient form of detecting alcohol on the breath of a person, and other methods like testing of blood and urine are not considered practical. The DGCA also told the court that no form of testing for ATCs has taken place since March 2020 due to the stay order and that the same can be a safety issue. Justice Navin Chawla allowed the test and said the interest of ATCs and passengers has to be balanced.