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Breath tests ahoy as pleasure boat sailors face drink-drive laws
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14 June 2007
The proposed law extends the drinking ban to skippers of boats over 7m
Boating enthusiasts are to face a "drink-drive" alcohol limit for the first time.
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.
But jet skis are exempt from the new alcohol limit. Ministers blame a "ridiculous" Court of Appeal ruling for this, and say they want to plug the loophole.
Critics say the Government is using "a sledgehammer to crack a nut", and fear that otherwise lawabiding citizens face being targeted by the new measures, while a hooligan element on jet skis remains above the law.
Speedboat driver Phillip Colver, who was drunk when he ran down and killed a friend, was cleared of manslaughter but could have faced a drink charge under the proposed law
Transport Minister Stephen Ladyman said the alcohol limit for "non-professional mariners" will be 80 milligrams per 100 millilitres of blood, 35 microgrammes of alcohol in 100ml of breath or 107 milligrammes in 100ml of urine. T
he limit, which already applies to professional seafarers and motorists, equates roughly to a pint and a half or two pints of ordinary strength beer or three pub-size measures of wine.
It will apply to anyone navigating a vessel more than seven metres (22.9ft) long and/or capable of a maximum speed of more than seven knots (about 8mph).
The Government is to recruit a new army of "marine officials" to police the new rules. They will have the power to detain a vessel, but must call the police to administer a breathalyser.
The Department for Transport said the crackdown is to discourage "gin palaces".
Dr Ladyman said: "Everyone has the right to enjoy themselves on the water, but in a way that does not put others at risk."
On the vexed issue of jet skis, Dr Ladyman said: "The Court of Appeal has ruled that jet skis are not ships and are not therefore within the scope of the existing legislation."
David Dunning, chairman of the Boating Association - which represents around 3,000 UK waterway users from individual members to clubs -said:
"They are using a sledgehammer to crack a nut. It's a nonsense and I do not understand how they are going to police it."
It has long been an offence to have the ability to navigate impaired because of drink or drugs.
But this was of limited use because no specific maximum blood/alcohol level was set and there were no powers to test sailors.
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