Drinking & Boating:The Rules You Need to Know

September, 2016By Matthew Carney, Criminal Lawyer

Legal DisclaimerThis presentation is offered for general information

purposes only. It does not constitute specific legal

advice or opinion. You should not act or rely upon any

of the information contained within this seminar

without seeking the advice of a qualified solicitor who

specialises in the particular area of expertise and

jurisdiction that you require.

Presentation Outline1. Introduction 42. What are the limits? 73. Who has to be under the alcohol limit? 104. What if the boat is moored or at anchor? 115. What are the penalties? 126. Does a boating PCA offence affect my car licence? 147. The Marine Safety Regulation 2016 158. Contact Us 17

Slide #

Introduction Am I allowed to drink alcohol if I am the skipper

of a boat?

What about if I am only a passenger?

Do skiers have to follow any rules relating to consuming alcohol?

Are the rules different if the boat is moored?

These are commonly asked questions which often are answered incorrectly.

Home

IntroductionWith summer fast approaching and with the Hunter's boat owners starting to take off their winter boat covers, it is an important time to remind boat owners of the rules relating to drinking when boating

Home

IntroductionDriving under the influence of alcohol is an offence when boating.

Breath testing, including random breath testing (RBT), can be conducted on the driver of a boat (the skipper) of a vessel while it is underway, even when the boat is drifting.

Home

What are the limits?Permissible concentration of alcohol limits are as follows:

1. 0.00 for recreational skippers aged under 18 years (youth range);

2. Less than 0.05 for recreational skippers over 18 years; and

3. Less than 0.02 for commercial skippers (special range).

Home

What are the limits?Being detected in excess of the permissible concentration of alcohol by way of a breath test may result in NSW Police issuing a Court Attendance Notice.

Home

What are the limits? A person will be charged with the offence of low-

range PCA if their blood alcohol concentration is between 0.05 and 0.79.

A person will be charged with the offence of mid-range PCA if their blood alcohol concentration is between 0.08 and 0.149.

A person will be charged with the offence of high-range PCA if their blood alcohol concentration is equal to or above 0.15.

Home

Who has to be under the alcohol limit?The operator of a vessel includes anyone steering or exercising control over the course or direction of a vessel. This includes:

1. The Skipper;

2. The observer in a ski boat or personal watercraft; and

3. Any person being towed (i.e. a skier, tuber or wakeboarder).

Home

What if the boat is moored or at anchor?RBT does not apply when a vessel is moored, berthed or at anchor.

However, a designated driver (skipper) should remain under the legal limit when out on the water in case you need to move your boat.

Home

What are the penalties?Penalties for PCA boating offences are serious an include losing your license, fines of up to $5,500 and/or two (2) years imprisonment.

Being detected in excess of the permissible concentration of alcohol by way of a breath test may result in immediate suspension of a boat driving licence and/or Police issuing a Court Attendance Notice.

Home

What are the penalties?The following table sets out the penalties for each offence:

Home

Does a boating PCA offence affect my car licence?No.

If you are convicted of a boating PCA offence, you will not lose your car/motorcycle license however it is a criminal offence and will show on any future criminal history checks.

Home

The Marine Safety Regulation 2016On 1 July 2016, the Marine Safety Regulation 2016 introduced changes to promote safety and included changes to:

1. Reforms to boat driver licensing, including streamlining licence classes and application requirements, simplifying the fee structure and the introduction of a 10-year boat licence;

2. Vessels no longer need to display a registration label or trade plate;

3. New lifejacket standards and simplified requirements for wearing lifejackets;

Home

The Marine Safety Regulation 20164. More rigorous safe distance and speed requirements;

5. Broader restrictions on bow riding;

6. Changes to some penalty levels and disqualification periods; and

7. Changes to streamline the administration of aquatic licences.

All boat owners should be aware of these changes and review the RMS Boating Handbook prior to hitting the water

Home

Turnbull Hill Lawyers – Contact UsIf you have any further questions about boating laws, or you'd like to discuss a related matter, call:Matthew Carney on 1800 994 279 or email him.

We will endeavour to respond to your enquiry within 24 hours.

Need Criminal Lawyers in NSW? Call UsWe service Newcastle & the Central Coast

Home