Drink and the sea don't mix

This existing legislation is contained in Part 4 of the Railway & Transport Safety Act 2003. Section 78 makes it an offence for professional Masters, pilots and seamen to exceed the prescribed limit while they are on duty. Also, provision in the Merchant Shipping Act 1995 (Section 58) provides that any Master or seaman who, while under the influence of drink or drugs, causes damage to his ship, another ship or structure or causes the death or serious injury of any person, he is guilty of an offence. In this case his conviction could lead to imprisonment (maximum 2 years) or a fine, or both.

An alcohol limit for professional mariners has been in force since March 2004. The limit is the same for motorists being:

• 35 microgrammes of alcohol in 100 mm of breath;
• 80mg in 100mm of blood; and
• 107mg in 100ml of urine (said to equate to about a pint and a half or two pints of ordinary strength beer or three pub size measures of wine).
  

The Maritime & Coastguard Agency is becoming increasingly zealous in prosecuting merchant seafarers and there have been a number of convictions around the UK coast.

However later this summer the DfT will be consulting a set of draft regulations for non-professional mariners. If approved the new limits will be introduced under an amendment to Part 4 of the 2003 Act and the legislation will apply to anyone navigating a vessel of more than 23ft and/or capable of a maximum speed of more than 7 knots. This could have serious repercussions for any skipper or crew who (as is often the case) enjoy a strong gin and tonic (or three) and become involved in any navigation incident.

Section 80 of the 2003 Act is already drafted and if the DfT proposals are accepted, these provisions could become law very quickly indeed.

Ironically, however, certain types of craft – that arguably cause the most potential damage in inland waters – i.e. jet skis, are under English law, not classified as vessels. This has been recently confirmed by the Court of Appeal in a case known as RV Goodwin. Accordingly any incident involving these fast and potentially dangerous craft that escape the provisions of these regulations which, arguably, Parliament would have intended to apply.

Unfortunately there have been a number of serious incidents involving jet skis in the UK and foreign waters and it would be most unfortunate if, in a future incident involving alcohol, a culpable party escaped prosecution under this loophole.

In particular let us hope that the tragedy that occurred at St Mawes recently where a young man was killed by a vessel skippered by someone who was well over the legal alcohol limit, does not occur again – whether or not the proposed legislation for non-professional mariners comes into effect.

Ashfords LLP 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.