SCHEDULES

SCHEDULE 2REGULATION OF THE ESTUARY

PART 4GENERAL

Navigation under influence of drink or drugs prohibited

25

1

This paragraph applies to a person who—

a

is on board a ship which is under way,

b

is exercising, or purporting to exercise, a function in connection with the navigation of the ship, and

c

is not a person to whom section 78 or 79 (offences committed by professional staff on-duty and professional staff off-duty) of the 2003 Act applies.

2

A person to whom this paragraph applies commits an offence if that person’s ability to exercise the function mentioned in sub-paragraph (1)(b) is impaired because of drink or drugs.

3

A person to whom this paragraph applies commits an offence if the proportion of alcohol in that person’s breath, blood or urine exceeds the limit prescribed for the purposes of Part 4 (Shipping: alcohol and drugs) of the 2003 Act.

4

In this paragraph, “the 2003 Act” means the Railway and Transport Safety Act 200326.

5

This paragraph ceases to have effect on the date that section 80 (offences committed by non-professionals) of the 2003 Act comes into force.