Jump to content

Are there any laws restrictions against drink boating?


KirraMisha

Featured Posts

Is it illegal and are the rules any different for companies renting out dayboats?

Thanks.

 

You can now be prosecuted for being "drunk in charge" of a boat - same rules as for motorists.

 

Hire companies are free to make whatever rules they wish as part of their contract of hire.

 

Having seen how folk behave (sometimes) on day boats I'm not surprised....

Link to comment
Share on other sites

You can now be prosecuted for being "drunk in charge" of a boat - same rules as for motorists.

 

Hire companies are free to make whatever rules they wish as part of their contract of hire.

 

Having seen how folk behave (sometimes) on day boats I'm not surprised....

 

For some strange reason the boating/drinking law covers boats over 7m long, ......strange as most day boats are probably short of this mark.

I am quite sure that some rule or law could be inflicted against someone in charge of a smaller boat and causing damage/injury or worse, however, the drink/boating law doesn't specifically cover this. (unless it has changed recently)

Link to comment
Share on other sites

I would have thought the hire and reward insurance that the boatyards must operate would have something to say on this subject. (Mind I'd have to admit been squiffy on a punt on the Cam before now I guess)

Link to comment
Share on other sites

Thanks for the replies.

So is there no way of reporting a hire company that turns a blind eye to customers turning up with boxes of beer and handing over the keys?

 

No, and to be honest, if (say) 8 blokes turn up for a long weekend with a crate of beer each, it is a long leap to "piss up at the tiller"; they may be going to moor in the middle of nowhere and thus not going to the pub, and a crate, over three nights, isn't that much. Unlikely I know.

 

And I would say, as I have before, the most likely danger from alcohol is falling in the cut after mooring up.

 

What you do about a hire company that turns a blind eye to reports of drunken and dangerous behaviour whilst under way I don't know.

Link to comment
Share on other sites

Is it illegal and are the rules any different for companies renting out dayboats?

Thanks.

 

The law at present relies on BW Bye-laws, carrying a fine of up to £100, which would require a fairly serious degree of intoxication;

 

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.

 

There is a revised law on the statute books that isn't yet in force (s80 Railways and Transport Safety Act 2003), which would make the road DD limit apply to the canals for boats over 7m long (i.e. excluding many day boats), and would come with a maximum of £5,000 fine and 2 years in chokey.

 

So, we go from one set of rules that imposes a pitiful penalty on people who are outrageously drunk, to another that still only allows the same penalty for the only people who habitually cause a problem, but imposes a MUCh stiffer penalty with a much stricter cut-off on people who aren't causing a problem.

 

Madness!

Link to comment
Share on other sites

The law at present relies on BW Bye-laws, carrying a fine of up to £100, which would require a fairly serious degree of intoxication;

 

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.

 

There is a revised law on the statute books that isn't yet in force (s80 Railways and Transport Safety Act 2003), which would make the road DD limit apply to the canals for boats over 7m long (i.e. excluding many day boats), and would come with a maximum of £5,000 fine and 2 years in chokey.

 

So, we go from one set of rules that imposes a pitiful penalty on people who are outrageously drunk, to another that still only allows the same penalty for the only people who habitually cause a problem, but imposes a MUCh stiffer penalty with a much stricter cut-off on people who aren't causing a problem.

Madness!

 

Thanks for clearing that incorrect legality up for me Dave, I thought the 7m law had been passed already.

Link to comment
Share on other sites

But with DD the practical penalty feared most is loss of licence to drive.

 

If done for drunk navigating there is no licence to be revoked (other than perhaps the boat license) so it's just a question of affording the fine, meaning the law will have no teeth when it comes into force.

 

In addition, on a boat with multiple crew members, there is endless scope to quibble about who was aactually in charge and doing the navigating.

 

Mike

Link to comment
Share on other sites

But with DD the practical penalty feared most is loss of licence to drive.

 

Well when/if it does become law:

 

Penalty

 

A person guilty of an offence under this Part shall be liable—

 

(a)on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both, or

(b)on summary conviction, to a fine not exceeding the statutory maximum.

Link to comment
Share on other sites

No, and to be honest, if (say) 8 blokes turn up for a long weekend with a crate of beer each, it is a long leap to "piss up at the tiller"; they may be going to moor in the middle of nowhere and thus not going to the pub, and a crate, over three nights, isn't that much. Unlikely I know.

 

And I would say, as I have before, the most likely danger from alcohol is falling in the cut after mooring up.

 

What you do about a hire company that turns a blind eye to reports of drunken and dangerous behaviour whilst under way I don't know.

I saw a hire boat at the weekend that had a barrel on the back deck! and the beer was flowing

Link to comment
Share on other sites

I saw a hire boat at the weekend that had a barrel on the back deck! and the beer was flowing

 

There have been recent convictions for people drunk in charge of a pushchair, also a horse. Fortunately not at the same time. Nor on a canal! :rolleyes:

Link to comment
Share on other sites

Someone DID get caught drunk driving a boat in Devizes a year or two back, so I guess that the law IS in force!

 

Dave

 

It's not a case that you can be drunk in charge of a boat, just that the breathalyser doesn't apply. Indeed I'm unsure of the power of the police (or anyone else) to breathalyse a boater, although if they did, and the boater were well over the limit, this could be evidence.

 

Were they caught, or did a successful prosecution result?

 

Of course if I'm driving down the motorway with Juno on a trailer behind me then the law applies :rolleyes:

Link to comment
Share on other sites

Guest wanted

(Mind I'd have to admit been squiffy on a punt on the Cam before now I guess)

 

 

The May-Ball in Oxford we arrived in a punt.

(You fell down in the beer-tent, unashamedly drunk).

We were wrong, we were wrong, but so young and so in love.

 

- Viv Stanshall

Link to comment
Share on other sites

Of course if I'm driving down the motorway with Juno on a trailer behind me then the law applies :rolleyes:

How about if Val was driving and you were being towed behind on Juno, in the Captain's chair, necking your fourth Superbrew since breakfast and it is still not dinnertime?

Link to comment
Share on other sites

Someone DID get caught drunk driving a boat in Devizes a year or two back, so I guess that the law IS in force!

 

Dave

 

 

A law is in force (BW bye-laws, and possibly some other venerable legislation), which provides for lesser penalties.

 

THE law, which provides a more draconian punishment is not in force and anybody convicted under it should be having SERIOUS words with their Solicitor.

 

But with DD the practical penalty feared most is loss of licence to drive.

 

If done for drunk navigating there is no licence to be revoked (other than perhaps the boat license) so it's just a question of affording the fine, meaning the law will have no teeth when it comes into force.

 

Two years in Strangeways would have the effect of preventing you from driving the boat for that period.

Link to comment
Share on other sites

How about if Val was driving and you were being towed behind on Juno, in the Captain's chair, necking your fourth Superbrew since breakfast and it is still not dinnertime?

 

:lol: :lol: :lol:

 

Carl, you aren't supposed to make me spit my whisky coffee all over the keyboard!

 

Wouldn't be guilty of drink driving, but I've lost count of just what we might be guilty of in that scenario :lol:

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Recently Browsing   0 members

    • No registered users viewing this page.
×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.