Afishionado Posted July 7, 2005 Report Share Posted July 7, 2005 Re the arrest of a skipper of a small cargo boat........... When he was breathalysed by marine police he was found to have 136mg of alcohol in 100ml of breath. The legal limit to sail a ship is 35mg, lower than the drink-drive limit of 80mg. Does this limit apply to us idle pleasure boaters? Mad Mike Quote Link to comment Share on other sites More sharing options...
blueboatdriver Posted July 7, 2005 Report Share Posted July 7, 2005 I'm ready to be corrected on this one Mike but as far as I'm aware there is only a limit for commercial vessels (skippers). Quote Link to comment Share on other sites More sharing options...
duncan Posted July 8, 2005 Report Share Posted July 8, 2005 I am afraid it's in for us too as of last year. Believe the limit isn't defined and the penalty has to be fines (as they can't remove licences from people who don't have them!) New regulations basically gave powers for detention and testing. Will try and find some links. Whilst I am not in favour of people operating any machinery or vehicle whilst inhibited by drugs of any sort this was/is a particularily messy bit of political legislation with the RYA arguing for exemptions for sailing craft 'cos they are slow, tenders regardless of power (because the p****d skippers got to get back from the trotts) etc. Also OK if you are anchor..........issues about people not moving when conditions dictate for fear of procecution and worst of all what happens if you're anchored up for the night and someone needs help.....sorry m8 I have had 3 lagers so can't pop over and pick you up? Police and Harbour Masters etc have responded that they would expect to operate a degree of sensibility - but that confuses things more! Here's the latest update - Have your Say on Breath Tests: Latest Update April 2005 It therefore appears unlikely that any new legislation to introduce breath tests for recreational boaters will come into force in the near term. Even if the Government do decide to legislate further, then there will be a further period of consultation. The RYA will continue to monitor the situation and will respond as appropriate. We will update the website as any new information comes to light. The History of the Proposals The Government now has the power to regulate alcohol limits and introduce a testing regime for private recreational boaters. The RYA is urging all recreational boaters, regardless of whether or not they own a boat and where they go afloat, to voice their opinions on which craft and to whom regulations should apply. Part four of the Railways and Transport Safety Act, which achieved Royal Assent on the 10 th July 2003, introduced alcohol and drug legislation in respect of shipping. In particular it establishes alcohol limits and a testing regime for alcohol and drugs that will apply to mariners who are either professionals or non-professionals. In the most extreme scenario, the new law would bring in the same alcohol limit (80mg/ 100ml of blood) we currently have on UK roads for all mariners. Penalties for offenders could range from fines to up to two years in jail. If new regulations are introduced the Government is likely to exempt certain categories of recreational craft. In order to help decide which craft shall be exempted, whether or not the regulations shall only apply to the skipper of the craft and which marine officials will have the requisite powers to detain a vessel (pending the arrival of the police), the Department of Transport (DfT) has released a consultation paper. The paper identifies 3 parameters by which the exceptions will be determined. These are power, size and location. Respondents are asked to comment on these and the extent to which they believe they should be used. The Act already excludes private recreational craft that are not underway. The consultation paper also covers the detention of craft pending the arrival of police. This means that designated officials could stop and detain a recreational boater whilst waiting for the police to arrive and perform the breath test. There are obvious cost implications of these officials patrolling the waters and taking on the additional workload this responsibility creates, and the practical difficulties of detaining a vessel that may be some distance from land. The RYA believes that adequate controls in the form of harbour byelaws and regulations are already in place to deal with any abuse of alcohol. We are not in favour of further legislation, which we think is unnecessary and potentially unenforceable. The RYA is not aware of any reliable or persuasive evidence to support the claim that being under the influence of alcohol on board a private recreational craft is a significant issue that has led to a large number of incidents. However, it is likely that the results of the consultation will be interpreted into additional legislation and this is why it is essential that as many boaters respond as possible, ensuring a fair outcome. Please click here to visit the DfT Quote Link to comment Share on other sites More sharing options...
Swainiac Posted July 8, 2005 Report Share Posted July 8, 2005 Duncan, surely the "Catch all" offence of endangering life at sea can be used even if you are not breathalysed? This carries a fixed sentance and is an arrestable offence. Rich Quote Link to comment Share on other sites More sharing options...
Maverick Martin Posted July 8, 2005 Report Share Posted July 8, 2005 We are all accountable under the merchant-shipping act. Just last week a Jet Skier was found guilty of a charge under the 1995 merchant shipping act of "doing an act which caused or is likely to cause serious injury. Quote Link to comment Share on other sites More sharing options...
great white Posted July 8, 2005 Report Share Posted July 8, 2005 While many of us may enjoy the odd can while afloat, being drunk in charge of the boat is madness if you are intending to steam around. I am sure while anchored for an overnight stay common sense has to prevail. I am also sure that if this law stops the idiots in power boats getting tanked up and then driving there boats through the harbour, we should all be pleased Most of these people only have slight idea of what they are doing sober, so add drink and they are an accident waiting to happen. I am sure Frank would agree after last years incident with Sheila Marie and a far from sober powerboat driver. Charlie Quote Link to comment Share on other sites More sharing options...
Afishionado Posted July 8, 2005 Author Report Share Posted July 8, 2005 I hardly ever drink alcohol much any way, being a diabetic it raises my blood sugar and I nod off to sleep I certainly remember in the 'no speed limit' days Poole attracted no end of chavs in their 18ft 150HP chromium plated tart traps, that most of them were well hissed by the end of the day. Mad Mike Quote Link to comment Share on other sites More sharing options...
Maverick Martin Posted July 8, 2005 Report Share Posted July 8, 2005 chavs in their 18ft 150HP chromium plated tart traps I resemble that remark...leave my boat out of it Quote Link to comment Share on other sites More sharing options...
Swainiac Posted July 8, 2005 Report Share Posted July 8, 2005 Mikey.........unfortunately, I too have a tendancy to nod off after 12 pints of guinness...............and I'm not diabetic! Rich Quote Link to comment Share on other sites More sharing options...
duncan Posted July 11, 2005 Report Share Posted July 11, 2005 Rich the endangement of life catch all is exactly that and as such they were looking for someting more specific; and the power to enforce a test. In my opinion many people are unknowingly guilty of this most of the time they get aboard a boat - but we have all done that at some time in the past. 2 scenarios - (1) powerfull rib heads back to the Quay from Studland after a few (say 4 pints) and never exceeds 6 knots having asked his crew to keep a carefull watch around the boat at all times and wear their lifejackets. They wait until the traffic clears leaving at 1900h (2) same boat and crew and the guy (1 pint only) opens up to max leaving the 4knots buoys and slaloms his way back throught a crowded swash at 50 knots, dropping to 10 as the limits require - no lifejacktets. Might sound extreme but its probably how it happens in many real cases. You are suggesting that (1) is the party endangering life? He may be drunk in charge but he's not endangering life necessarily. Anyhow he passes the keys to his 14 year old and says 'you're in charge' and that's OK .............. Theory's sound Practice is ridiculous and may lead to more dangerous issues If you have a problem with one boating sector then deal with it. Generally we don't - Poole Harbour 2200 Sat and 1700 Sunday saw boats travelling in excess of 20 knots in the middle of it. Quote Link to comment Share on other sites More sharing options...
jack Posted July 11, 2005 Report Share Posted July 11, 2005 Returning from our "boating trip "on Sunday heading for the 16,30 bridge lift, ,joined the 30 or so boats approaching the final channel bouy as you turn right toward Poole quayside.Fellow on large yacht with friends and family aboard ahead of me,who is also surrounded by power boats etc, jumps to his feet and waves frantically for me to keep back from him.I was at least 30 yds from him but I realised the idiot was streaming an oange handline presumably with a spinner attached ! Perhaps better if he had been drinking,he would'nt have bothered fishing....jack Quote Link to comment Share on other sites More sharing options...
daviduk Posted July 16, 2005 Report Share Posted July 16, 2005 Hi I read an article some time ago which stated ,people were only going to be tested if they were involved in an incident. As i said this was some time ago and i cant remember much else . Quote Link to comment Share on other sites More sharing options...
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