Part 4

Shipping: Alcohol and Drugs

Offences

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.
S. 79 in force at 30.3.2004 by S.I. 2004/827, art. 3(b)