Part 4Shipping: Alcohol and Drugs
Offences
I178Professional staff on duty
1
This section applies to—
a
a professional master of a ship,
b
a professional pilot of a ship, and
c
a professional seaman in a ship while on duty.
2
A person to whom this section applies commits an offence if his ability to carry out his duties is impaired because of drink or drugs.
3
A person to whom this section applies commits an offence if the proportion of alcohol in his breath, blood or urine exceeds the prescribed limit.
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.
5
Where a person is charged with an offence under this section in respect of the effect of a drug on his ability to carry out duties on a fishing vessel, it is a defence for him to show that—
a
he took the drug for a medicinal purpose on, and in accordance with, medical advice, or
b
he took the drug for a medicinal purpose and had no reason to believe that it would impair his ability to carry out his duties.
I279Professional staff off duty
1
This section applies to a professional seaman in a ship at a time when—
a
he is not on duty, but
b
in the event of an emergency he would or might be required by the nature or terms of his engagement or employment to take action to protect the safety of passengers.
2
A person to whom this section applies commits an offence if his ability to take the action mentioned in subsection (1)(b) is impaired because of drink or drugs.
3
A person to whom this section applies commits an offence if the proportion of alcohol in his breath, blood or urine exceeds the prescribed limit.
4
For the purposes of this section a seaman is professional if (and only if) he acts as seaman in the course of a business or employment.
5
Where a person is charged with an offence under this section in respect of the effect of a drug on his ability to take action it is a defence for him to show that—
a
he took the drug for a medicinal purpose on, and in accordance with, medical advice, or
b
he took the drug for a medicinal purpose and had no reason to believe that it would impair his ability to take the action.
80Non-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.
2
A person to whom this section applies commits an offence if his ability to exercise the function mentioned in subsection (1)(b) is impaired because of drink or drugs.
3
A person to whom this section applies commits an offence if the proportion of alcohol in his breath, blood or urine exceeds the prescribed limit.
I34
The Secretary of State may make regulations providing for subsection (3) not to apply in specified circumstances.
I35
Regulations under subsection (4) may make provision by reference, in particular—
a
to the power of a motor;
b
to the size of a ship;
c
to location.
I481Prescribed limit
1
The prescribed limit of alcohol for the purposes of this Part is—
a
in the case of breath, F125 microgrammes of alcohol in 100 millilitres,
b
in the case of blood, F250 milligrammes of alcohol in 100 millilitres, and
c
in the case of urine, F367 milligrammes of alcohol in 100 millilitres.
2
The Secretary of State may make regulations amending subsection (1).