DfT launches second consultation on breathalyser laws

This is the second consultation on the application of the breathalyser provisions contained in the Railways and Transport Safety Act 2003 s.80 (RATS) to non-professional mariners. The papers were issued on 11 February 2009 and may be seen at http://www.dft.gov.uk/consultations/open/exceptionfromalcohol/. S.80 (which is not yet in force) applies where 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.e. not a professional mariner].

and creates an offence if the proportion of alcohol in his breath, blood or urine exceeds the prescribed limit.

The Minister has published draft regulations for consultation which would exempt any ship to which s.80 applies if its overall length is less than 7 metres and its maximum design speed is less than 7 knots. The accompanying papers assume that following R v Goodwin [2005] EWCA Crim 3184 a vessel which is not used in navigation, for example, in that case a personal water craft, is not a 'ship' for the purposes of the RATS Act 2003, s.80, with the consequence such vessels will not be caught by the proposed breathalyser law.

The consultation is open until 6 May 2009. CYCC will be responding on behalf of its member clubs.