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• Perils of the Sea

Introduction

Although there can be any number of incidents which cause problems at sea (due to the dangerous and unforgiving environment particularly when operating commercial vessels) that of speed and drink has been in the limelight recently in the South West.

Tragically, Ben Cochrane a 31 year old resident of St Mawes in Cornwall, was cut in half when a speedboat driven by a 32 year old resident from the Isles of Scilly, hit his dory when transiting from Falmouth to St Mawes late one evening.

Although the insurers of the speedboat that caused the damage admitted liability and have paid very substantial damages to Mr Cochrane's family, the subsequent criminal trial found that the accused was not guilty of manslaughter or any similar offence. He was merely guilty of a breach of the international regulations for preventing collisions at sea and therefore was sentenced to approximately 150 hours community service.

Every day vessels go to sea with vastly increased performance and power, compared to even 5 years ago. It has long been a bone of contention that all is required to take one of these vessels to sea and operate them at extreme speeds – often in excess of 35 knots (equivalent to about 45 mph) is money. There is no legal requirement to have a licence provided the vessel is under a certain length. Given the lack of experience and expertise possessed by a number of people driving these potentially lethal crafts, it is indeed surprising there are not more tragic accidents.

As regards drink, although the Railways & Transport Safety Act 2003 introduced restrictions (similar to limits for driving vehicles on the road) in respect of professional vessels, it was never the case for "non professionals". However section 80 of this 2003 Act if enacted, would make it an offence if the alcohol-prescribed limit was exceeded on any vessel under way or when any person on board was exercising, or purporting to attempt to exercise, a function in connection with the navigation of the vessel. The actual prescribed limits are much the same as in driving offences (i.e. in the case of blood 80 miligrammes per 100 millilitres).

If this came into force then clearly any offence involving excessive drinking would be an offence. It may also curtail the number of gin and tonics consumed whilst navigating a vessel afloat. Although it is difficult to see how this legislation would be policed, given the number of pleasure yachts currently afloat off UK waters, it would certainly impact on the leisure industry. Further, and importantly, it may go some way to preventing incidents of the type that occurred off St Mawes recently. As regards speed, the harbour, and indeed local authorities, should amend their byelaws and give themselves more "teeth" in order to implement draconian measures against those that exceed in an unreasonable manner, prescribed speed limits.

Ashfords is regulated by the Solicitors Regulation Authority. The information in this article is intended to be general information about English law only and not comprehensive. It is not to be relied on as legal advice nor as an alternative to taking professional advice relating to specific circumstances.