Booze ban

JasB

JasB

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Not sure if this is the right forum for this topic but...

Just read this from the link at the top of this page re. the booze ban: [ QUOTE ]
The proposed law would apply to boats over 7m long or capable of over 7 knots.

[/ QUOTE ] Which means Jet skis don't come into scope. I thought they were the cause of all the legislation, or perhaps they are just the ones in the headlines. And does my 24 footer (7.47 metres) that can just about hit 6 knots come under the proposed legislation? /forums/images/graemlins/smirk.gif
 
[ QUOTE ]
Surely, jetskis can do more than 7kt, so would be covered?

[/ QUOTE ] You'd think so, wouldn't you?

However, a court case last year, on a different topic, produced the ruling that jetskis were not boats, hence they're not covered by this (and lots of other) legislation including - I think - ColRegs.

However, the Government is actively working on ways to bring them within the scope of this legislation - or I think that's what they've said. So that's all right then, innit?
crazy.gif
 
[
However, the Government is actively working on ways to bring them within the scope of this legislation - or I think that's what they've said. So that's all right then, innit?
crazy.gif


[/ QUOTE ]
How can they need to 'work on ways to bring them within the scope? Surely it's a 30-second job to say that all craft navigating on the water are covered by the regs?
 
[ QUOTE ]
Surely it's a 30-second job to say that all craft navigating on the water are covered by the regs?

[/ QUOTE ]

For you and I; yes. For a drafter of Parliamentary legislation, trying to out-think how a phalanx of lawyers will find ways round it, I suspect it's a task requiring several years of blood, sweat and tears. /forums/images/graemlins/frown.gif
 
Yes, I remember watching the gov't spokeswoman announcing this some weeks ago, and saying specifically that it wouldn't cover jetskis. Why they can't just bring in parallel legislation to cover "other classes of waterborne craft" is beyond me but, as you say, it's a legal thing and thus no relation to the real world.
 
To give you some idea of the complexities of the legal position, have a look at this "summary" of the case in question, and the considerations that were taken into account to determine whether or not a jetski was a boat (or, more correctly, a ship). Lawyers are never going to run short of work, are they? /forums/images/graemlins/smile.gif
 
Surprising really given that this lot are past master of changing laws so that previously legal things become illegal, or at least subject to revenue-raising fines. I would have thought they would find such changes extremely simple.

Hint, watch for p1ssed up ministerial offspring with jetski this summer:-)
 
Cornwall has found a way around it...

Western Morning News 24 July -
Currently it is not a criminal offence to be drunk in charge of a leisure craft, but the Government is considering new legislation to change this.

BUT
Police will prosecute under local bylaws which state that someone in charge of a ship must be in a fit state.
Police have joined forces with St Mawes Harbourmaster Gary Cairns to go out on patrol from the village.

So, behave yourselves when you visit the Fal.
 
It may not be Criminal Offence to be Drunk in Charge of a Boat ....... but there are many other Laws that can be used and have been ....

It is not actually a new thing to be prosecuted as Drunk in Charge of a Boat ...

Boats can be classified as Vehicles ....

In command of a boat and under influence of Alcohol / Drugs can be prosecuted for Endangering Life / Property / Risk to others / Crew on board etc.

Whether it's Ship or Yacht - the effect can be devastating in its happening ...

What is needed is Courts to use already existing powers along with Police / HM's ... the Gov'ts additions are just that - additions.

Now I'm sure some barrack-room lawyer will tell me I'm wrong .... sorry - but it's true - there ARE laws already out there ... not only in UK as well ...
 
I think you're right, and it's sad that all the trouble is basically being caused because lawyers and insurance companies will pick over the wording of a law to get their client off, or to avoid a payout. Causing an accident or death while drunk would get someone prosecuted, regardless of the mode of transport used. I guess the aim of these new laws is to allow them to be prosecuted simply because they are drunk, without having to kill someone first. I don't really have a problem with that sentiment, even if I disagree with the proposed interpretation of it.
 
Ah. But it's the impacation of the law that is important. Like truck drivers parked up for the night, then getting done. Do you get done in a marina, or just at anchor, is a buoy ok. Who's driving? or is it always the owner?

Suppose your sloshed but have to get out of this marina/bouy/anchorage for safety??

Or is no drinking allowed on boats any more, or getting to them come to that. /forums/images/graemlins/confused.gif
 
Haydn,

No you wont get done if you are parked, it is also very unlikely that you will get done if you are going along in a safe manner, after all what they (Mr plod) gonna do you for?
Driving into other things like a harbour wall or a Marina is likely to get you breathalyzed.
Personally, although I hate the fact that the twits in the establishment are even thinking about more stupid laws, the impact on most sensible boat owners will be zero. It just annoys me that more of my tax is going to another piece of unnecessary make-work legislation.

poter
 
The part I find most worrying is that MAIB have no stats to show an issue of drink boating but anticipate that enforcing a new law will allow stats to accumulate. Somehow I doubt that they will show that no porblem existed and that the law may therefore be abolished. Combination of MAIB's empire building and insurance companies looking for new ways not to pay out.
 
[ QUOTE ]
Driving into other things like a harbour wall or a Marina is likely to get you breathalyzed.

[/ QUOTE ]

Plods are going to be busy down my way then. When the wind is blowing a bit, for a plod with a breathalyzer, it's going to be like shooting fish in a barrel.

Most of us are quite capable of drawing attention to ourselves stone cold sober.
 
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