Drunk in charge of a canal boat

[The_Yellow_Ardvark]

Just finishing a fantastic afternoon on a canal boat, just got to wash down, clean up. Then a meal before home.

I was wondering what the rules or laws regarding drinking and being in charge of a boat.


Are afternoon was almost spoiled by a boat being steered by a bloke who was staggering drunk. We watched him:
Hit the bank 4 times,
The rubbing strikes on 4 bridges, he course was as wobbly as I was last night.
Hit 4 boats, one craft had to do an emergency reverse to avoid impact.

We past him, as he was again in the trees.

What are the laws about this, I assume there must be some.

Any answers?

 

[Rannsachair]

Potentially the merchant shipping regulations:
https://www.legislation.gov.uk/ukdsi/2015/9780111133293

RYA advice:

Alcohol and boating law in the UK
Merchant Shipping Act 1995
Boaters may be prosecuted under the Merchant Shipping Act 1995 if their actions on the water are seen to be endangering other vessels, structures or individuals and they are under the influence of alcohol.

Harbour byelaws
Locally, most harbour authorities have harbour byelaws under which they can prosecute if boaters are found to be under the influence of alcohol when in charge of a vessel. The RYA encourages harbour authorities to enforce those rules.

 

[Ashley Burton]

We were drinking all day moving a boat miles & all went well

 

[Migmac]

I’m pretty sure that when an Irish skipper ran his fishing boat onto the rocks here, he got done for drunk and in charge.

 

[addjunkie]

Potentially the merchant shipping regulations:
https://www.legislation.gov.uk/ukdsi/2015/9780111133293

RYA advice:

Alcohol and boating law in the UK
Merchant Shipping Act 1995
Boaters may be prosecuted under the Merchant Shipping Act 1995 if their actions on the water are seen to be endangering other vessels, structures or individuals and they are under the influence of alcohol.

Harbour byelaws
Locally, most harbour authorities have harbour byelaws under which they can prosecute if boaters are found to be under the influence of alcohol when in charge of a vessel. The RYA encourages harbour authorities to enforce those rules.

Many of the harbour by laws were written many years before the pleasure boat industry, some dont cover the non tidal / non navigable areas of river networks.

This worked in my favour many years ago when I was charged with careless navigation on the river Tyne, in a water skiing incident. No drink was involved though.

 

[sardine]

Potentially the merchant shipping regulations:
https://www.legislation.gov.uk/ukdsi/2015/9780111133293

RYA advice:

Alcohol and boating law in the UK
Merchant Shipping Act 1995
Boaters may be prosecuted under the Merchant Shipping Act 1995 if their actions on the water are seen to be endangering other vessels, structures or individuals and they are under the influence of alcohol.

Harbour byelaws
Locally, most harbour authorities have harbour byelaws under which they can prosecute if boaters are found to be under the influence of alcohol when in charge of a vessel. The RYA encourages harbour authorities to enforce those rules.

Don't apply to canals.

You need the 1965 general canal bylaws. No breach of bylaws can revoke a licence though.

But the canal and river trust do not enforce any of its bylaws so irrelevant really. They have promoted the dubious idea that the statutory boat licence is a contract, and will only enforce what they call the " licence terms and conditions" which they have invented. Though if challenged in court they decline to push it, and have this examined by a judge. There is certainly no legislation that permits them to create their own licence terms, a fact their QC admitted to parliament in 1994.

 

[Rannsachair]

Don't apply to canals.

You need the 1965 general canal bylaws.

But the canal and river trust do not enforce any of its bylaws so irrelevant really.

Ahh should have picked up on "canal boat" my experience is only in the Sea.

 

[sardine]

I spent a year or so getting my licence back after they illegally revoked it by lying about the law. I had to read up on it, so I'm now a right bore on the subject.