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.
S. 78 in force at 30.3.2004 by S.I. 2004/827, art. 3(a)