How many times have you heard someone say “My mate got done DUI on the weekend.”? Show
To be accurate, the term should actually be PCA an not DUI. PCA stands for Prescribed Content of Alcohol and relates to an offence which normally involves being breath tested out in the field and then being subjected to a test on a Breath Anaysis (BAS) machine. The BAS machine is highly accurate with a few redundancies built in so your reading is actually slightly lower than your actual blood alcohol level. I always say there is a time and place for everything. When it comes to alcohol, that time and place is when you are finished up for the day and off the water. NSWDid you know that in NSW, the Driver/Master of the vessel as well as the Observer and any person being towed can all be subjected to a breath test? Yep, that is the Driver, Observer and the Skier or Aquaplaner can all be breath tested. Why? The Driver obviously has control of the vessel but the Observer and person being towed are deemed to also have some sort of control over the vessel in that they can instruct or ask the Driver to speed up, slow down, alter course and the like. NSW Police Officers have the power to subject any of these persons to a breath test at any time. The legal blood alcohol limits in NSW are – Over 18 years of age – 0.05 grams of alcohol in 100 ml of blood or 0.05 grams of alcohol in 210 litres of exhaled air. So in short 0.05. Under the age of 18 years – 0.00 VictoriaVic Police Officers have the power to subject the Driver, Observer and anyone being towed to a random breath test at any time. Whilst the actual limits of 0.05 and 0.00 are the same in Victoria, there are significant differences in the ages associated with these limits. The legal blood alcohol limits in Victoria are – Over the age of 21 – 0.05 Under the age of 21 – 0.00 Another very common question is, “Will I lose my car licence as well if I lose my boat licence for a drug or alcohol related offence?” At the time of writing the answer is no in NSW. I will have to do some research in relation to other states. I believe it is only a matter of time before your car and boat licence are fully combined in NSW. There always seems to be some relief when I tell people this which indicates that the consumption of alcohol on the water is still prevalent. Just remember, the driver, observer and person being towed are all obliged to stay under the legal limit. If you are charged with and found guilty of an alcohol or drug related offence, you will end up with an entry on your criminal record. If you are planning of going overseas to say America or Canada you will not get a Visa and will not be allowed into the country. You may find it difficult to gain employment. You will lose your boat licence for a considerable amount of time as well as incurring a heavy fine at the very least. In the event of an accident, your insurance will be null and void if alcohol was involved. I love a beer as much as anyone else but as I mentioned, there is a time and place for everything and on the water is no longer a place for alcohol consumption.
Alcohol increases body heat loss which reduces your survival time if you fall overboard. It also increase your pulse rate which leads to rapid exhaustion if you have to swim to safety. Prescription medications and any other drugs can cause problems. In particular, medications for sea-sickness, hay fever and other allergies can make you feel drowsy or easily confused. Check with your doctor or chemist on the possible side effects of any medications you're taking before you go boating. Drug and alcohol testing on vesselsAnyone operating a vessel, or a member of the crew of a vessel, may be required by a police officer to submit to a drug or alcohol screening test. The test may involve screening saliva or blood samples for:
There are penalties when drugs or a blood alcohol limit of 0.05 or over are detected in the:
The penalties can include large fines and/or imprisonment. The court may impose an additional penalty and suspend or cancel a certificate of competency, including a boat operator's licence. Penalties can also apply for refusal to submit to a drug screening test or blood test. Operating a boat under the influence of alcohol is a very serious offence under the Marine Safety Act 1998. As with driving a car, there are legal limits on the amount of alcohol that can be in a person’s system when operating a boat. The limit varies depending on the person’s age and whether the boat is being used for private or commercial use. What Is A Vessel?The law gives a very broad definition of the word ‘vessel’. It includes watercraft of any description that can be used as a means of transportation. There are some craft that are excluded from the definition of a vessel. These include pontoons, airdocks, floating docks, any apparatus used as an accessory in surfing or bathing, or any apparatus used as flotation equipment by a person being towed in a vessel (not including kiteboards and sailboards). What Is Operating A Vessel?The definition of “operating a vessel” for the drink driving law is also very broad. It includes:
Will I Get A Criminal Record if I’m found guilty of Operating a Boat Under the Influence?Yes, operating a boat under the influence and boating PCA are serious offences. The starting point for the sentencing court is the recording of a criminal conviction, together with the imposition of a fine and disqualification of one’s boating licence. In more serious cases the court can impose community service and even imprisonment. Operating a Boat Under the Influence:Novice Range PCAAll people who are under the age of 18 years must have a blood alcohol concentration of 0.00 when operating a vessel in any waters. The offence of novice range PCA is committed by a person who is under the age of 18 years old and operates a vessel in any waters with a blood alcohol concentration from 0.00 to 0.019. If a person who is under the age of 18 years operates a vessel with a blood alcohol concentration that is higher than 0.019, will be charged with the offence corresponding to the higher reading. Operating a Boat Under the Influence:Special Range PCAThe special range PCA offence applies to a blood alcohol concentration of 0.02 to 0.049. The offence can be committed by:
If a person who is subject to the special range limits operates a vessel with a blood alcohol concentration that is higher than 0.049, they will be charged with the offence corresponding to the higher reading. Operating a Boat Under the Influence:Low Range PCAThe offence of low range PCA is committed by a person who operates a vessel in any waters with a blood alcohol concentration from 0.05 to 0.079. Operating a Boat Under the Influence:Mid Range PCAThe offence of mid-range PCA is committed by a person who operates a vessel in any waters with a blood alcohol concentration from 0.080 to 0.149. High Range PCAThe offence of high range PCA is committed by a person who operates a vessel in any waters with a blood alcohol concentration of 0.150 or higher. Operating A Boat Under The InfluenceA person must not operate a vessel in any waters while they are under the influence of alcohol. This offence occurs when a person is noticeably affected by alcohol while operating a vessel such that they are incapable of having proper control of the vehicle. Unlike the PCA offences, for a charge of driving under the influence, the person’s blood alcohol concentration does not matter. It is also an offence for the master of a vessel to permit a person who is under the influence of alcohol to operate the vessel in any waters. To be guilty of the offence the master must be aware, or have reasonable cause to believe, that the person is under the influence of alcohol. If you require legal advice or representation in any legal matter, please contact Armstrong Legal.
There are few things more enjoyable than having a nice, relaxing drink whilst out on your boat. However, none of this should come at the expense of safety, as the authorities in Central Queensland and other areas are out to prove. In September of 2016, a new operation targeting people under the influence of drugs and alcohol on the water kicked off across the area. In addition to random breath tests, vessels are also being monitored for speed detection, making sure that children are wearing personal floatation devices and that vessels are carrying the required equipment.
 Before you head out on the water this summer for some fun and excitement of your own, it's important to understand the rules that you must adhere to in order to look out for not just your own safety, but for others as well. Many people are confused as to the amount of alcohol they can legally consume when boating, so education is paramount to avoid potential tragedy and criminal prosecution. QueenslandIn Queensland, if you're in charge of a class 1 commercial vessel, it is important for you to understand that you are legally required to have a blood alcohol limit of ZERO at all times. This means even finishing a half of a drink in a short period of time will put you over the limit, creating a dangerous situation for everyone around you and subjecting you to severe fines and other penalties. People in charge of all other recreational vessels must have a blood alcohol limit of less than 0.05. The skipper of all other boats must not only maintain the same blood alcohol limit, but are also responsible for monitoring the safety of passengers in their presence. Recreational boats are subject to the same limits - even if you're anchored, unless you are properly moored in a marina. As far as drugs are concerned, police can ask at any time for a saliva sample to determine if you are under the influence of illegal substances such as THC, Methyl amphetamine, MDMA and more. New South WalesIn NSW waters, alcohol limits are the same on the seas as they are on the roads. Anyone in charge of a vessel must keep his or her blood alcohol limit below 0.05. If you are operating a vessel and happen to be under the age of 18-years-old, you are forbidden from consuming alcohol. Maritime Training Courses Help Keep You SafeIn addition to helping you obtain your boat licence, the types of maritime training courses offered by Maritime and Safety Training can help make sure you always know where you stand with regards to drug and alcohol limits on the water. Remember, when you choose to ignore these rules and increase your consumption, you are not only at a higher risk of drowning should you fall into the water - you're endangering the lives of everyone around you at the same time. If you'd like to find out more about the maritime training courses available in NSW and Victoria, please contact Maritime and Safety Training today. Drug and Alcohol Limits On The Water was last modified: March 22nd, 2019 by |
What is the maximum blood alcohol content when operating a vessel?
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