Authorities in Jersey could soon have the power to test skippers for alcohol and drugs after a maritime incident – but new proposals to change the law stop short of making it explicitly illegal to be drunk while in charge of a boat.
Sustainable Economic Development Minister Kirsten Morel, who oversees air and sea transport policy, proposed changes to Jersey’s shipping laws and harbour regulations earlier this month.
If passed, these changes would allow alcohol and drug testing following a maritime incident, and being intoxicated could be considered an aggravating factor in charges of dangerous operation of a ship.
A new offence of causing death or serious injury through careless operation – whether under the influence or not – is also set to be introduced.
But, crucially, there will be no legal alcohol limit for skippers, meaning that unless an accident happens, the act of drinking and sailing or driving a motor boat would not constitute an offence in and of itself.
Why not just ban drunken sailing?
At a Scrutiny hearing on Thursday afternoon, Deputy Morel was pressed by a panel of politicians on why the proposed law doesn’t match road safety rules – where driving over the legal alcohol limit is a crime regardless of whether an accident occurs.
“What [the proposals] are saying is, if you have an incident, you can now be tested for alcohol or drugs. And should that be a positive test, then that will be your aggravating factor in dangerous operation of a ship,” the Minister explained.
“Previously, you could have an incident and you could refuse to be tested, and there’s nothing that can be done about that.”
But panel chair Deputy Monty Tadier wasn’t convinced.
“There’s something that doesn’t sit right with me philosophically, that you can drink as much as you like, get behind the wheel of a boat, and that’s okay, so long as you’re capable of steering that vessel. You can’t do that in a car,” he said.
Deputy Morel defended the approach, describing it as a “halfway house” and a “first step,” suggesting stricter rules could be considered later. He argued that the lower volume of traffic at sea meant a direct comparison with drink-driving laws wasn’t appropriate.
“I think there’s a fundamental difference between the amount of traffic on the road, the amount of people, the amount of children, the amount of pedestrians, the amount of cyclists, the amount of horses, the amount of tractors, the amount of busses, etc, on the roads compared to the amount of traffic on the sea. And I think that is fundamentally where the difference is.”
Does this send the wrong message?
Deputy Tadier warned that by not making intoxication an offence in itself, the law could imply that drinking and driving or sailing a boat is acceptable.
“I do want to give the message that people should not be inebriated while sailing,” Deputy Morel responded. “And they can now be tested. Previously, they couldn’t be tested.”
Responding, Deputy Tadier said: “The legal position is that you can be drunk in charge of a vessel, so long as it doesn’t impinge on your capability.”
What else is changing?
The proposed amendments would also expand the definition of vessels to include jet skis and other small watercraft.
They also clarify the responsibilities of police and harbour authorities when investigating maritime incidents.
While reports on accidents involving Jersey-registered vessels will continue to be published, incidents involving foreign-registered boats will remain the responsibility of their home jurisdictions.