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Boater Clobbered for Drink Driving

Geoff

By Geoff
in General Boating

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greywolf Community Regular

greywolf

Posted
Posted (edited)

given up on this one because could not get the link right

 

These were just proposed rules as of 13th June 2007 not really found anything to say it was brought into law.

 

under the new rules, those navigating yachts, speedboats, cruisers and canal boats in inland waters and within territorial waters at sea while over the limit could be prosecuted in the same way as motorists.

 

Drunken sailors face a maximum fine of £5,000 or two years in prison if convicted.

 

The measure could affect tens of thousands of enthusiasts who take to the water at weekends.

Edited by greywolf
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mayalld Veteran II

mayalld

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Anybody seen this on the NBW Website

 

http://www.narrowboatworld.com/index.php?o...h&Itemid=38

 

I know there was a consultation going on about bringing in "drink Boat" limits - has this come into effect?

 

OK, I've just checked....

 

The relevant legislation is s80 of the Railways and Transport Safety Act 2003.

 

subsections 4 and 5 of that section came into force on 30/3/04 (by virtue of the Railways and Transport Safety Act 2003 (Commencement No. 2) Order 2004 (SI827/2004)

 

Subsections 4 and 5 allow regulations to be made limiting the scope of subsections 1-3, which are the subsections which actually create an offence.

 

So far as I can tell, no order bringing subsections 1-3 into force has yet been made, and it would seem that this chap has been convicted of an offence that doesn't actually exist yet.

 

He should appeal!

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luctor et emergo Veteran II

luctor et emergo

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From the artice:

 

District Judge Simon Cooper summed up:

 

"This was clearly foolish to drive a narrowboat while your judgement was impaired. You posed a moderate degree of risk to others while in that state. I have, however, taken into account the guilty plea and the fact you have never been in trouble reduces the punishment even further."

 

Simon Hemper was ordered to pay a fine of £60, a statutory victim surcharge of £15 and costs of £85.

 

three times over the limit, and just a £60 fine. A total bill of £160 hmmm, not much of a deterent, especially considering the unlikelyhood of being caught and prosecuted. In a car they would have trown the book at him, and even when you are over the limit on a bicycle you can get a driving ban.

 

:lol:

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mayalld Veteran II

mayalld

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Posted
From the artice:

 

 

 

three times over the limit, and just a £60 fine. A total bill of £160 hmmm, not much of a deterent, especially considering the unlikelyhood of being caught and prosecuted. In a car they would have trown the book at him, and even when you are over the limit on a bicycle you can get a driving ban.

 

:lol:

 

Given that the limit is not yet in force, it is farcical that he was fined so much as a brass farthing!

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luctor et emergo Veteran II

luctor et emergo

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Given that the limit is not yet in force, it is farcical that he was fined so much as a brass farthing!

 

 

Technically that is true. What astaunds me is that the Judge reckoned that he was a "moderate risk"... three times over? He should have either not been fined at all, or have been heavily punished.

 

Is there something different about boating, that it is acceptable to be drunk, and bump into other boats?

 

:lol:

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mayalld Veteran II

mayalld

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Posted
Technically that is true. What astaunds me is that the Judge reckoned that he was a "moderate risk"... three times over? He should have either not been fined at all, or have been heavily punished.

 

Is there something different about boating, that it is acceptable to be drunk, and bump into other boats?

 

:lol:

 

Yes, there is something different about boating.

 

You are moving much more slowly, and the slowing of reactions is much less critical than when driving a car.

 

It is not acceptable to be drunk, and bump into other boats, but these issues should be dealt with using legislation that is actually in force.

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luctor et emergo Veteran II

luctor et emergo

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Posted
Yes, there is something different about boating.

 

You are moving much more slowly, and the slowing of reactions is much less critical than when driving a car.

 

It is not acceptable to be drunk, and bump into other boats, but these issues should be dealt with using legislation that is actually in force.

 

 

I won't go into the "slower than a car, so it's less critical" argument... :lol:

 

I wonder what the insurance will say when they realise that they have to pay out because the steerer was drunk? Or if somebody gets hurt?

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Geoff Contributor

Geoff

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OK, I've just checked....

 

The relevant legislation is s80 of the Railways and Transport Safety Act 2003.

 

subsections 4 and 5 of that section came into force on 30/3/04 (by virtue of the Railways and Transport Safety Act 2003 (Commencement No. 2) Order 2004 (SI827/2004)

 

Subsections 4 and 5 allow regulations to be made limiting the scope of subsections 1-3, which are the subsections which actually create an offence.

 

So far as I can tell, no order bringing subsections 1-3 into force has yet been made, and it would seem that this chap has been convicted of an offence that doesn't actually exist yet.

 

 

Agreed, thats as I understand it, but found this on the Waterscape website so has a fixed limit now been imposed?

 

http://www.waterscape.com/things-to-do/can...ing-and-driving

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Naughty Cal Veteran II

Naughty Cal

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I won't go into the "slower than a car, so it's less critical" argument... :lol:

 

I wonder what the insurance will say when they realise that they have to pay out because the steerer was drunk? Or if somebody gets hurt?

 

They wont pay out. If your read your policy you may well find there is a clause that says they wont if the driver is found to be under the influence

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Hazza Explorer

Hazza

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Agreed, thats as I understand it, but found this on the Waterscape website so has a fixed limit now been imposed?

 

http://www.waterscape.com/things-to-do/can...ing-and-driving

 

I think this incident has been badly reported as it suggests that there is a limit when there isn't. One argument for not setting limits is that there is already legislation to rely on in the event of endangering or injuring others when under the influence.

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Chertsey Veteran

Chertsey

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Posted
From the artice:

 

 

 

three times over the limit, and just a £60 fine. A total bill of £160 hmmm, not much of a deterent, especially considering the unlikelyhood of being caught and prosecuted. In a car they would have trown the book at him, and even when you are over the limit on a bicycle you can get a driving ban.

 

:lol:

In a car accident someone is far more likely to get killed. Drunken boaters tend to only kill themselves.

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Guest User Rising Star

Guest User

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Posted

Just adding some musings ....

 

As part of the strategy to reduce drink driving, it's Police policy these days to breathalize all drivers involved in notifiable road accidents to which they attend. Would a similar policy ever be possible, or desirable, on the waterways ? i.e would it even be possible to define what constitutes a notfiable accident on the waterways, let alone request Police attendance to these accidents ? Would it lead to the Police getting called out to a host of minor knocks and bumps and parties dubiously claiming for damage etc. .... and, if not the Police doing the breathalizing , then who else might be given the authority to do so ? ... but .. might it not shed a clearer light on the impact drinking has on boating accidents ?

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Naughty Cal Veteran II

Naughty Cal

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Posted (edited)
Just adding some musings ....

 

As part of the strategy to reduce drink driving, it's Police policy these days to breathalize all drivers involved in notifiable road accidents to which they attend. Would a similar policy ever be possible, or desirable, on the waterways ? i.e would it even be possible to define what constitutes a notfiable accident on the waterways, let alone request Police attendance to these accidents ? Would it lead to the Police getting called out to a host of minor knocks and bumps and parties dubiously claiming for damage etc. .... and, if not the Police doing the breathalizing , then who else might be given the authority to do so ? ... but .. might it not shed a clearer light on the impact drinking has on boating accidents ?

 

Yes officer, i had a few drinks whilst moored up awaiting your attendance :lol:

Edited by Phylis
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Guest TowpathTownie

Guest TowpathTownie

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Posted

Drinking and operating any vehicle should be against the law in my opinion so I'm very surprised the law doesn't encompass boats - in fact, shocked!

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