The new drink-sail legislation does not go far enough, says Terry Donaghy

Sep 11 2007 by Vicky Anderson, Liverpool Daily Post

TRANSPORT Minister Stephen Ladyman has recently announced the Department of Trans-port is pressing ahead with the introduction of an alcohol limit for non-professional mariners.

This appears to be causing some conster-nation in leisure boat-ing circles, but is perhaps not a surpris-ing development.

The new legislation will apply to anyone navigating a vessel more than 7 metres (22.9 ft) long and/or capable of a maximum speed of more than 7 knots (about 8 mph).

However there is a potentially serious loophole in the proposals, which will not extend to cover jet skis. The regulations apply to “ships”, defined under the Act to include ”every description of a vessel used in navigation”.

The DfT has express-ly acknowledged jet skis will not come with-in the existing rules because of a Court of Appeal ruling last year.

There have been a number of serious incidents involving jet skis in UK and foreign waters, and it would be most unfortunate if, in a future incident invol-ving alcohol, a culpable party escaped prosecu-tion under the loop-hole. Leisure sailors should also bear in mind that the consump-tion of alcohol may jeopardise their insur-ance cover should they be involved in an accident.

Clearly, in a serious matter involving death or injury, the consequences for an uninsured individual could be severe.

TERRY DONAGHY is a partner at Weightmans