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01 March 09 - Alcohol Limits at Sea

Neil Northmore, former Royal Yachting Association Government Affairs Advisor, and now Partner at Dartmouth based law firm Dorade Law LLP has expressed serious concerns about proposals made in the Government’s recent announcement of a consultation process on the offence of exceeding the prescribed alcohol limits while on the water.

Under the Railways and Transport Safety Act of 2003, alcohol limits were imposed on professional mariners when at work in line with drink driving limits. Four years on, the Department of Transport have issued a consultation document regarding draft regulations for alcohol limits for recreational sailors and inland boaters, which broadly follow the regulations for professional mariners.

The Government says figures from the Marine and Accident Investigation Branch revealed alcohol was likely to have played a role in more than a quarter of leisure craft deaths between 2005 and 2007 (30 deaths out of 113). The subject is a particularly sensitive one for the West Country after Ben Cochrane from St Mawes was killed in 2005 in a collision off St Mawes Castle, involving a powerboat driven by a man who, a court was told, had drunk up to ten pints of beer.

But the announcement of the consultation process has sent ripples of concern through the West Country sailing industry. Neil Northmore and his firm Dorade Law LLP are calling for clarification before the process comes to an end on the 6 May.

Neil believes that the latest consultation on exemptions are poorly drafted, therefore introducing uncertainty and ambiguity. As it currently stands these exemptions will place harbour authorities in a difficult position when it comes to enforcement, and will probably ultimately reduce the effectiveness of the regulations when introduced.

Neil said; “Social pressures now demand that we all act responsibly when it comes to alcohol consumption, and arguing against the regulations is akin to condoning alcohol abuse afloat. The important thing now is when and how the new regulations will be enforced, and by whom.”

The Government proposes that the offence should affect larger, faster vessels while providing an exemption for a limited number of smaller, slower craft. They have announced the new consultation on draft Regulations for an exception from Alcohol Limits for recreational boaters, prior to bringing it into force. This exemption, if accepted, will exempt nonprofessional mariners on ships which are less than 7 metres in length and which have a maximum design speed of 7 knots or below.

Neil believes that it is exactly these kinds of exemptions that will cause problems in determining precisely which craft are within the law, and which are not. Therefore this Government Consultation process is a crucial time for mariners, harbour masters and other water authorities in the South West to voice their own concerns.

He said; “This is an extremely emotive subject for this part of the world. To be effective and to improve safety, the boating public need to be aware of the new regime, to respect the new laws and alter behaviour accordingly. It may therefore be necessary, and sensible, for harbour authorities to take a proactive role and adopt a regime of ‘targeted’ and/or ‘random’ testing in order to achieve the desired outcome. In so doing, authorities will firstly have to address the logistical issues surrounding detention of individuals and/or their craft, what this may mean for harbour staff and, in particular, whether detaining the skipper and/or crew of a recreational craft at sea may place the safety of the vessel and remaining crew at even greater risk.”