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CYCC News 31 March 2004

DfT consultation on breathalyser law.

New breathalyser offences for professional masters, pilots and seamen whether on and off duty came into force on 30 March 2004. A professional for these purposes is someone acts as such in the course of a business or employment.

The corresponding rule for non-professionals has not been brought into force, but the DfT has indicated it intends it shall be in force for the 2005 season. This rule will cover any person (other than a professional) on board a ship which is under way, and who is exercising, or purporting or attempting to exercise, a function in connection with the navigation of the ship.

However the Government has taken powers to limit this offence by excluding its operation by reference to the power of a motor; to the size of a ship; or to location, and has gone out to consultation on what these exemptions should cover.

The consultation papers are available on the DfT website. Responses have to be received by 30 July 2004.