Booze Cruise: What Laws Govern Drinking and Boating in the UK?
Alcohol and ships have a long and spirited history. The Royal Navy’s tot ration for example, which afforded English sailors a certain quantity of rum or beer per day to help fulfil their duties as mariners, was only abolished in 1970 after determining that modern shipping needed sober sailors. Even civilians enjoyed a tipple. American cruise liners during the prohibition era were registered in foreign countries so that passengers could legally consume alcohol while aboard. Alcohol does certainly have its place; the international yacht shows in Monaco or Cannes would not be the same without popping bottles of champagne on board the latest and greatest in maritime architecture. Beyond the glitz, glamour and liquid confidence, however, the practical (and legal) underpinnings of such alcohol abolitions like the tot ration should not be interpreted as to take the fun away from those who ply the ocean. Instead, it should be a sobering seconding for those partaking in the navigation of any vessel.
Last October, an investigation by the UK’s Marine Accident Investigation Branch found that a Port of London Authority sea pilot, who fell and was subsequently crushed between the hulls of two ships, was over the legal alcohol limit. The pilot registered a blood alcohol reading of 122mg per 100ml of blood while attempting to board a general cargo vessel from his pilot boat. Whilst the investigation could not point to whether the fall was a result of the alcohol in the pilot’s system, the cargo vessel’s deck gate or post-operative complications following a knee surgery, the fact remains that the pilot was legally drunk while boarding a vessel for routine port inspection.
Such incidents are not isolated to inland waterways. In November 2016, a Russian captain was sentenced to four months behind bars after pleading guilty to being drunk behind the helm. In March 2017 a Lithuanian captain was four times over the maritime limit while on duty of a container vessel ship berthing in Belfast Lough. That captain was so drunk that the pilot had to sail the ship into port. The drunken captain later congratulated the pilot on his maneuvers. Only a few months ago, an English captain of a 40,000 tonne log ship was found to be drunk and having trouble berthing his ship, later blowing an “exceptionally high” alcohol breath test reading by local police in Northland, New Zealand.
The ban in 1970 was perfectly clear in its intended ends. Hansard explains that the daily ration was could not be reconciled with the proper functioning of advanced technology and machinery systems by sailors which are needed to correctly navigate the ship, especially since there is a risk of loss of human life if these duties are not carried out properly. On a wider application, the proliferation of ships owned by private persons has also significantly increased since the 1970s, often with complex machinery as well. But what is to be made of the private boaters who may want to have a pint and ply the waters?
In UK law, the consumption of alcohol and drugs while on a boat is regulated by Part 4 of the Railways and Transportation Safety Act 2003, c. 20 (hereinafter “the act”). The current breath alcohol limits for mariners in the UK are set at 25 micrograms/100ml. This is lower than the road limit of 35 micrograms/100ml of breath. Sections 78 thru 91 cover the penalties for professional mariners drinking while on and off duty, and non-professional mariners. It is the scope of this article to focus on the non-professionals.
Section 80 of the act applies to non-professionals. The section illustrates the potential offence for a person on board a ship that is under way who is exercising or attempting to exercise a function in connection with the navigation of the ship, who is impaired because of drink or drugs, as proven by a breath, blood or urine sample. For clarity, s. 89 of the act defines “ship” and includes every description of a vessel used in navigation. Section 89 also holds that “navigation” of a vessel includes the control or direction, or participation in the control or direction, of the course of a vessel.
It’s easy to envision cases where a non-professional seafarer would be found guilty of an offence under s. 80. All it would take is getting intoxicated over the legal maritime limit and getting behind the helm, and proving that intoxication by breath, blood or urine sample. However, ambiguity exists as to the threshold needed to be guilty of such an offence. Consider if a person, being over the legal maritime drink limit, assists in the rigging of a sail while underway in a sailboat, and the intoxication is proven. Could this constitute a s. 80 offence? The rigging is an integral part of both the control and direction of the course of a sail boat, but at what point would merely lending a tipsy hand constitute participation? Could the securing of a mooring line at a marina constitute participation in the control of the course of a vessel as it berths? These may seem trivial questions, but are important to determine when the safety consequences of drinking and boating are involved.
Unfortunately, those trivial questions won’t be asked anytime soon; s. 80(1)-(3) are yet to be put into force. It is a shame that such laws have not been put into force. Boats are another form of transport, much like trains or motors. The ocean is the largest transportation network in the world, and the perils of the sea can be as dangerous as any other danger on roads or railways. At the same time, the law would be unjust to those who permanently live aboard their boats; there is nothing illegal about being over the legal limit while in your home, so why would it be illegal to do so in your floating home? Regardless, there is an inherent risk in transiting water, and adding alcohol to that risk only increases the likelihood of maritime casualty. If you are planning on boating and boozing, ensure that you have a clear division between those who navigate the boat and those who are there to partake in the drinking. It is always a good idea to err on the side of caution and make sure that the captain stays sober. The consequences of failing to do so could cost the lives of all on board.
