Drink boating laws one step closer ..

The situation hasn't really changed from 18 months ago. The DfT announced in July '07 that it intended to enact a drink boating law for leisure mariners. Since then, MBM has been pestering them for a date for these draft regulations... first it was before Christmas '07, then it was spring '08, then it was summer '08, etc... etc...

This new announcement doesn't really advance the issue. It's just a standard press release to remind people that the RYA and BMF are still on the case.

I could be wrong, of course, and this time the draft regulations really are imminent... but I'm not holding my breath.
 
[ QUOTE ]
"We have unresolved concerns regarding which craft will be exempt, which individuals on board would be subject to the blood-alcohol limited and how the rules would be enforced (and by whom), which we do not believe have been addressed properly," comments RYA legal boss Gus Lewis."

[/ QUOTE ]

Because it is all down to who is in 'command' of the vessel.

The owner may be pissed, but that doesn't mean his stone cold sober 16 year-old-son son or daughter can't be in command.

Then there is the 'reset the anchor or move berth in a storm' scenario after retiring to bed with a glass of red.
 
[ QUOTE ]
MBM has been pestering them for a date for these draft regulations.

[/ QUOTE ] Then stop it! Maybe they've forgotten..... /forums/images/graemlins/wink.gif

(Disclaimer: Drinking excessively and then helming a boat is neither big nor clever. I just have a natural aversion to anything that hints at the increased regulation of boating)
 
I suspect the powers that be have realised what a can of worms the whole business is and have placed it firmly on the back burner for the moment (although all would strenuously deny this if asked).

Apart from the obvious (skipper ratted and weaving all over the sea) the devil will be in the detail.

Tom
 
the easiest form of regulation would be by the insurance companies reducing the sum insured as a proportion of the blood level in the alcohol stream.
 
If I have to keep to the car bloodstream level for alcohol at all times on a boat I'll give up boating in the UK.
It is because we are un regulated we are relatively safe given the inherent dangers of our hobby.
Motoring is heavily regulated and much more dangerous. But we all know that.......
 
It's been around for a while this but that doesn't make it any more half baked and stupid. The MCA have been cooking their own statistics to 'prove' that there is a drink boating problem for a while. As Tim Bartlett often points out in his MBY column, there really isn't a problem in the first place in terms of boating injuries and fatalities caused by drink. What the MCA's motives are is unclear at the moment but it's a fair guess this is part of a campaign to extend their empire to cover the whole of the UK boating population. I have said before that this will end in compulsory licensing and, of course, if you have compulsory licensing, you need a bunch of jobs for life, flexitimed, final salary pensioned public servants to police it
As for exempting small slow moving boats that's just a joke because a pissed up yotty is just as capable of causing an accident as a pissed up mobo driver
 
I think th einherant dangers of the sesa act as an effective deterrent on most of us, unfortunately there are a small number of drink related fatalities every year. Mostly in tenders returning to the boat (specifically excluded from the proposed legislation) and in high powered MoBos in busy waters (who should know better).

For most scenarios, we represent little risk to others due to relatively slow speeds & few other craft around. Biggest problem to enforcing this is, as stated above, who is actually "in command" - Steersman, navigator, skipper? On a ship, it is usually taken that it's the skipper - even though he may be off watch & sleeping it off with comand deferred to 2nd in command.
 
[ QUOTE ]

I could be wrong, of course, and this time the draft regulations really are imminent... but I'm not holding my breath.

[/ QUOTE ]

Oh goodie another regulation !!! can't wait zzzzzzzzzz
 
Net result will be that swmbo will find herself at the helm rather more often than might have been the case previously.

Exactly how this will improve maritime safety is open to debate!
 
Back in the late 70s a friend had a problem with 'Drink Driving' or rather 'having a drink in charge' he drove his camper van to a pub that was in a dead end lane tha was once the main road, but after roadworks had been turned into a lay. He had a meal and 3 pint of beer and turned in, he was awaken by the police in the early hours and asked for the campers keys. As he was in possession of the keys he was breatherlised and charged. Luckily for him the majistrate threw the case out of court and told the police to look for real offenders.


WE dont drink while on passage but the gally boy is in big trouble if the beers arent out by the time the last rope has been tied.!!!!!!!!!!!!!!!!!
 
Not sure why this story has re-surfaced, maybe a slow news week for IPC. Why are they chasing for an answer? And they say look at the RYA site for full details; if you look there the last update is from July 2007!!
 
As I understand it you can still be charged under existing legislation for something like being "drunk in charge of a vessel", but it's probably a higher burden of proof on the authorities. ie. they have to prove you were a danger to other boats, rather than just that you were over a nominal blood alcohol limit. Happy to be corrected if i've got that wrong

.. or was your question rhetorical?
 
Some time ago I posted about a friend who was stopped in Cowes, he was over the legal drink drive limit, was arrested, kept in a cell at Newport police station and released on bail the next day.

2 weeks later he was sent a letter telling him that all charges were dropped as there was no case to answer yet the breath test proved he was over the limit.

We have since discussed the affair and think he was wrongly arrested as at the time he asked the said officer what percentage of breath per mg is stated in marine law? they could not answer his question yet if arrested on the road driving a motor vehicle they spout the correct law that has been suspected of being broken.

So I wonder what the correct illegal level is parts per mg etc for marine law and what local bylaw in Cowes did he break.

As he got off with this and discussed after with his solicitor what law he actually broke, obviously none as he was excused by Newport magistrates then surely he should have had an apology and maybe seek wrongfull arrest compensation for his night in the cells, I know i would.
 
I remember the story. My guess is that the police intended to use the fact that your mate was over the drink drive limit for motor vehicles, as one part of their evidence that he was unfit to be in charge of a boat. In other words, being over the road limit is not enough in itself, but if coupled with witness statements that he was a hazzard to other users etc. etc. it may help to strengthen their case.
 
You must log in or register to reply here.

Other threads that may be of interest

zoidberg
'This month's hot boating topic....'
2 3
Replies
42
Views
1K
tjbrace
tjbrace
T
Notices to Mariners - Week 49
Replies
0
Views
830
tillergirl
T

Share this page

Top