They have done it, alcohol

[powerskipper]

Any one who works on boats can be breathalysed , even if in a tidal locked marina and settled for the night , if there is a disturbance You are in charge of that boat, so you get breathalysed,
So it applies any time you are on board a boat in a professional manner. if on as a guested, it's their neck on the line not yours.
For the nosey ones, here is the info.
here
78 and 79 are enforce now, 80 is under reveiw.

 

[RIN]

Julie
Is there a definition of 'professional' perhaps it means someone who is being paid

 

[powerskipper]

'professional' as I understand is someone who is paid to be on that boat or their profession involves the use of that boat.

 

[Moose]

Don't you agree with it?

 

[Vara]

Interesting that Section 90 gives exemption to the armed forces,is there separate provision for them elsewhere,or is it alright for them to be "drunk in charge"?

 

[powerskipper]

yes I do, I very very rarely have any alcohol at all if in charge of a boat but sometimes if tied for night would be nice to be able to relax with a few drinks /forums/images/graemlins/grin.gif

 

[Talbot]

History would tend to suggest that every time the warships of nelson's era went into battle, at least 75% of the crew were well over the breathalyser limit. If Trafalgar was to happen today the brit fleet would be locked up bty the french customs and breathalised, and thus the French would have won /forums/images/graemlins/shocked.gif

 

[duncan]

you still can as long as you don' t have 'passengers' on board the vessel.

re 80 definitions of 'under way' and 'a function in connection with the navigation of the ship' will be interesting but the wording cleary sets up the fiasco proposed by the RYA to protect it's sailing fraternity.

 

[ClassicPlastic]

Of course, there's nothing to stop you only charging for your services at sundown, and 'allowing' another person on board to 'take command' overnight! And if that person is not a pro, then you can all crack open the bubbly! Simply make sure that you keep a Log, and it reflects: 'Handed over/took over Command' at the right times, and there are no problems.

Also, once you're below decks, hatches closed, curtains drawn, as long as you don't open up to let anyone in, the 'authorities' will be in very hot water if they try to force entry.

 

[Sammo]

I’m not surprised,

Since 31st July 1970 when they stopped the TOT. I knew it was only a matter of time before it spread to the rest of the British fleet.

 

[l'escargot]

[ QUOTE ]
'professional' as I understand is someone who is paid to be on that boat or their profession involves the use of that boat.

[/ QUOTE ]


(4) For the purposes of this section a master, pilot or seaman is professional if (and only if) he acts as master, pilot or seaman in the course of a business or employment.

 

[powerskipper]

think mine was simpler to understand /forums/images/graemlins/grin.gif

 

[Sammo]

To get back to topic

Townsend Ferry and bowbells disasters were perhaps both drink related incidents and legislation is long overdue.
For small boaters the main danger is getting back on board.
I myself have had to pull people out of the water in a marina (Cobb`s Quay) and it still makes my blood run cold to think of what might have happened had I not been there.
A drunk on a boat late at night is an accident waiting to happen and they make everyone nervous and on edge.
Don’t get me wrong I like a drink, but the rivers or the sea like the roads must be treated with respect, difficult to do after a skinfull.

 

[steve_l]

"Also, once you're below decks, hatches closed, curtains drawn, as long as you don't open up to let anyone in, the 'authorities' will be in very hot water if they try to force entry. "

... Not so! Section 86 - Right of Entry, states that a uniformed constabule can come crashing through your hatches using reasonable force if he/she suspects a crime has been committed (the old "catch-all clause).'
BUT if you are in Scotland, Section 91 applies which states that Section 86 is not applicable in Scotland...

So maybe the answer is to change your cruising ground to Scotland... /forums/images/graemlins/smile.gif

 

[sixpack]

"80 Non-professionals

(1) This section applies to a person who-

(a) is on board a ship which is under way,
(b) is exercising, or purporting or attempting to exercise, a function in connection with the navigation of the ship, and
(c) is not a person to whom section 78 or 79 applies. "

I would read section a) as meaning section 80 does not apply if the vesssel is not underway ie tied up or anchored for the night so the "law" would not apply.

 

[Bergman]

I like the bit about a "marine official" having the "right to detain".

Love to know how that will be exercised.

Harbour master says stop I think your drunk.

You reply with a sailors farewell and open the taps.

What next?

Have you commited an offence

Where does this apply - In harbour, within 12 mile limit - anywhere at all?

What if you refuse to blow in the bobby's machine - is than an offense like road traffic case? - did'nt seem to be mentioned.

Strikes me as a non solution to a non problem.

Wonder who will be first to be get caught - could we run a sweep?

 

[ClassicPlastic]

Steve,

He she would need very solid grounds for suspicion...

Give it a bit of thought and you'll see that despite the right of forced entry in those circumstances, the copper is going to be on his way rather than starting to damage someone's posh boat!

 

[Wiggo]

Could be interesting to see the definition of 'reasonable force' too.

So the HM chains the boat to the pontoon while waiting for Plod; Plod consults his Health & Safety rep, and assuming the risk assessment allows him to (bear in mind, he's not allowed to climb a ladder), he boards your boat. But, cunningly, you've locked the patio door. He asks you to open up. You tell him politely to shove off. Then what? Crowbar to the door? Brick through the window?

Methinks this will go the same way as policing the hunting ban...

 

[Captain Coochie]

Phew , im glad i didnt upgrade my boat to a ship ! And Forbsie will be caught first cause im gonna set him up !!!!!!! hehe.

 

[BrendanS]

RYA seem to have a reasonable handle on it as ever

http://www.rya.org.uk/legal/default.asp?contentID=3189623