Crack down on drink-boating

[Phil Ambrose]

Over the bank holiday weekend the E.A together with the Broads Authority and the Police carried out a blitz on criminal activity, a number of boats got a pull over Toll evasion, a lot of fishing licenses were checked and fishing gear was confiscated from one individual who was fishing out of season.

The thing that effects us is the fact that Norfolk Police pulled 3 boats for alcohol offences so it seems that drinking at the helm is frowned upon in the eyes of the law.

 

 

Phil

[luctor et emergo]

Good.

[Ray]

My understanding is that any member of the "crew" actively engaged in the navigation or working of the boat is subject to similar drinking limitations to road drivers.

 

My guess is that "Not a lot of people know that"!

Edited May 14, 2013 by Ray

[Ex- Member]

It can be illegal to be in charge of any piece of machinery that's mobile weather it a boat or a tarmac laying machine, if it's mechanical and moves you can be charged with drunk in charge, it's even happened with a horse as well as pushbike.

 

The Norfolk Broads have had clampdowns like this before.

[GUMPY]

My understanding is that any member of the "crew" actively engaged in the navigation or working of the boat is subject to similar drinking limitations to road drivers.

 

My guess is that "Not a lot of people know that"!

 

Nope the law was never activated for leisure boaters it only applies to professional crew.

[gazza]

Torygraph article from 2009 http://www.telegraph.co.uk/news/uknews/4591613/Yacht-owners-to-be-subject-to-breathalyser-drink-drive-rules.html

I think loddon is right, it didn't go through.

 

That said, the river inspectors do a good job of sorting the knobheads out anyway. And rightly so, there's a big difference between having a pleasant brew whilst cruising and a drunk stag party causing mayhem..

Edited May 14, 2013 by gazza

[Ray]

I'm sure this was discussed on here a few years back and although the newer legislation didn't get passed it was thought that there was already legislation on the books that enabled the police to take appropriate action when necessary.

 

I'm sure I recall the boatyard where I worked being advised of this as they then had to draw the attention of their hirers to it.

[James6666]

Yeah, thats what I thought,

There arn't as many laws on the river as there are on the road, which used to be fine. However unfortinatly I think the lack of these laws is starting to show up with more and more people abusing the lack of these laws, mainly drink-boating. Once on the wey one "happy" drunk boater went straight though both gates at a lock. He was insured to the brim so he was fine, but that dosn't compensate the hire companies, fellow boat drivers etc. However believing it is not legal I don't think they should be told off for being drunk yet...

However my overall opinion is the law should be changed, to a simmerlar one that applys on the roads.

James

[Jerra]

It can be illegal to be in charge of any piece of machinery that's mobile weather it a boat or a tarmac laying machine, if it's mechanical and moves you can be charged with drunk in charge, it's even happened with a horse as well as pushbike.

Do you happen to have more detail on that? The best I can find is an 1872 act parts of which have not been superseded by modern law and it refers to "drunk in charge of a carriage, steam engine, a horse or a cow." I can see how this can be used to interpret almost any land based machine as a carriage (a recent case concerned a mobility scooter) but I can't see it applying to water borne machines.

 

 

[gazza]

Ny old man has always fancied being done for drunk in charge of a push bike, that and being done for knocking a coppers hat off. In 66 years he's done neither! I think he would be like Alan partridge trying to pinch a road cone anyway!

[Emerald]

Yeah, thats what I thought,

There arn't as many laws on the river as there are on the road, which used to be fine. However unfortinatly I think the lack of these laws is starting to show up with more and more people abusing the lack of these laws, mainly drink-boating. Once on the wey one "happy" drunk boater went straight though both gates at a lock. He was insured to the brim so he was fine, but that dosn't compensate the hire companies, fellow boat drivers etc. However believing it is not legal I don't think they should be told off for being drunk yet...

However my overall opinion is the law should be changed, to a simmerlar one that applys on the roads.

James

Similar maybe but not so strict as you cannot have a drink on a boat that is moored eh?

[Jerra]

Similar maybe but not so strict as you cannot have a drink on a boat that is moored eh?

Good point, I have often wondered about the motor homes I see overnighting in laybys they can't all be tea totalers, yet road law would make drinking in the vehicle illegal for somebody surely.

[Taslim]

Do you happen to have more detail on that? The best I can find is an 1872 act parts of which have not been superseded by modern law and it refers to "drunk in charge of a carriage, steam engine, a horse or a cow." I can see how this can be used to interpret almost any land based machine as a carriage (a recent case concerned a mobility scooter) but I can't see it applying to water borne machines.

 

 

Unless one drove the scooter into the cut when a bit tilly pom? I supose they could nick you for launching an un licensed craft at the same time.

[luctor et emergo]

Yes, strickly speaking drinking in, or being drunk in, a vehicle is breaking the law, because you are 'in charge off'. Unless you have no ignition key... I really pissed of a copper one night, , when I told him that the ignition key for my HGV was in the office (as I was parked in the yard that night). If I had told him that I had the ignition key, I would have been looking at a charge of 'under the influence in charge off..'

[Wanted]

My name is Rob, and I have broken the law...

[luctor et emergo]

No, I'm Spartacus

[ditchcrawler]

Over the bank holiday weekend the E.A together with the Broads Authority and the Police carried out a blitz on criminal activity, a number of boats got a pull over Toll evasion, a lot of fishing licenses were checked and fishing gear was confiscated from one individual who was fishing out of season.

The thing that effects us is the fact that Norfolk Police pulled 3 boats for alcohol offences so it seems that drinking at the helm is frowned upon in the eyes of the law.

 

 

Phil

Its against the Broads Navigation Byelaws 1995 No 83

 

 

A person shall not navigate a vessel whilst under the influence

of drink or drugs to such an extent as to be incapable of taking

proper control of the vessel.

BW Bylaw Intoxicated persons 44.

No person shall navigate any vessel on any canal or take any

part in the navigation, mooring or handling of any vessel on the

canal whilst under the influence of drink to such an extent as to

be incapable of having proper control of the vessel.

Edited May 14, 2013 by ditchcrawler

[Ex- Member]

Do you happen to have more detail on that? The best I can find is an 1872 act parts of which have not been superseded by modern law and it refers to "drunk in charge of a carriage, steam engine, a horse or a cow." I can see how this can be used to interpret almost any land based machine as a carriage (a recent case concerned a mobility scooter) but I can't see it applying to water borne machines.

 

 

Just as one can get charged with being drunk in charge of a push bike, or drunk in charge of oneself for that matter, I don't see why someone couldn't one couldn't be charged with being drunk in charge of a boat.

 

You can also be arrested for being drunk in charge of a cow. I assume it's a law that can be applied generally so a police officer can remove a drunk person from a possibly dangerous situation, if piloting a boat in a dangerous manner then that's a law the police could use, drunk and disorderly might be difficult if the person is on their own boat. There's also reckless endangerment though.

 

Drunk in Charge though has been used widely, even DIC of children. I can't find an actual account though admittedly.

[davidc]

It can be illegal to be in charge of any piece of machinery that's mobile weather it a boat or a tarmac laying machine, if it's mechanical and moves you can be charged with drunk in charge, it's even happened with a horse as well as pushbike.

 

The Norfolk Broads have had clampdowns like this before.

Only if the horse is pulling a mechanical device ie. a carriage

Or on a public highway but you can not be breathalysers.

Edited May 14, 2013 by davidc

[Jerra]

 

 

Just as one can get charged with being drunk in charge of a push bike, or drunk in charge of oneself for that matter, I don't see why someone couldn't one couldn't be charged with being drunk in charge of a boat.

 

You can also be arrested for being drunk in charge of a cow. I assume it's a law that can be applied generally so a police officer can remove a drunk person from a possibly dangerous situation, if piloting a boat in a dangerous manner then that's a law the police could use, drunk and disorderly might be difficult if the person is on their own boat. There's also reckless endangerment though.

 

Drunk in Charge though has been used widely, even DIC of children. I can't find an actual account though admittedly.

I totally agree with the sentiments and the logic I am just curious as to which law covers it. Basically I have always understood there was a cover all "drunk in charge of ........." until I tried to look it up then couldn't find it.

[wannabe]

Yes, strickly speaking drinking in, or being drunk in, a vehicle is breaking the law, because you are 'in charge off'. Unless you have no ignition key... I really pissed of a copper one night, , when I told him that the ignition key for my HGV was in the office (as I was parked in the yard that night). If I had told him that I had the ignition key, I would have been looking at a charge of 'under the influence in charge off..'

Was your yard private property? If so I think the officer might have had a problem with using that particular reason. I may be wrong of course

[Ex- Member]

Only if the horse is pulling a mechanical device ie. a carriage

Or on a public highway but you can not be breathalysers.

No carriage here. although on the steets LOL

http://news.bbc.co.uk/1/hi/england/tyne/7861406.stm

 

That's the point though DIC covers for where breathalysers aren't a requirement, it's an extra power/law the police could use in rarer situations.

 

Im sure if a boater caused damage with a boat and police were involved the DIC charge would be a high possibility. I'm surprised there's not an example of it anywhere though, so who knows?

Edited May 14, 2013 by Julynian

[Wanted]

No, I'm Spartacus

No! I'm sparked out arse!

[Jerra]

Only if the horse is pulling a mechanical device ie. a carriage

Or on a public highway but you can not be breathalysers.

The first line isn't correct the drunk in charge of a horse still stands from the 1872 act.

Why do you feel a breathalyser can't be used? After all it is merely being used to measure alcohol in the blood, as I understand it even a pedestrian can be breathalysed to check the level of alcohol.

[Graham Davis]

Breathalyser regulations only apply to those in charge of a motor vehicle. Any one else is subject to the opinion of the Police Officer and can still be made to undertake the old tests if need-be.

 

http://www.drinkdriving.org/drink_driving_information_uklawhistory.php