Part 4

Shipping: Alcohol and Drugs

Offences

Professional staff on duty
78
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.

Professional staff off duty
79
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.

Non-professionals
80
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.
4
The Secretary of State may make regulations providing for subsection (3) not to apply in specified circumstances.
5
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.

Prescribed limit
81
1
The prescribed limit of alcohol for the purposes of this Part is—
a
in the case of breath, 25 microgrammes of alcohol in 100 millilitres,
b
in the case of blood, 50 milligrammes of alcohol in 100 millilitres, and
c
in the case of urine, 67 milligrammes of alcohol in 100 millilitres.
2
The Secretary of State may make regulations amending subsection (1).
S. 78 in force at 30.3.2004 by S.I. 2004/827, art. 3(a)
S. 79 in force at 30.3.2004 by S.I. 2004/827, art. 3(b)
S. 80(4)(5) in force at 30.3.2004 by S.I. 2004/827, art. 3(c)
S. 81 in force at 30.3.2004 by S.I. 2004/827, art. 3(d)
Word in s. 81(a) substituted (20.10.2015) by The Merchant Shipping (Alcohol) (Prescribed Limits Amendment) Regulations 2015 (S.I. 2015/1730), regs. 1(2), 2(2)
Word in s. 81(b) substituted (20.10.2015) by The Merchant Shipping (Alcohol) (Prescribed Limits Amendment) Regulations 2015 (S.I. 2015/1730), regs. 1(2), 2(3)
Word in s. 81(c) substituted (20.10.2015) by The Merchant Shipping (Alcohol) (Prescribed Limits Amendment) Regulations 2015 (S.I. 2015/1730), regs. 1(2), 2(4)