Drinking at the Helm

donnygeoff · July 10, 2014

Alternatively hows about carrying out your own "risk assessment" and getting on with enjoying life.

Well said that man

the young ones should not....

climb trees (cos you might fall out) and learn not to climb trees

touch a coal in an open fire that looks cold (cos you might burn yourself) and not do it again

kick a stone that looked like a football (cos it might hurt and break your toe) don't do that again

I could go on, but the Elf and safety, would have had a field day with me growing up....

One more

Don't argue with your mum.......she is harder than she looks......

:Stinky

Paladin · July 11, 2014

A person shall not navigate a vessel whilst under the influence

of drink or drugs to such an extent as to be incapable of taking

proper control of the vessel.

Now define "under the influence"

Now define "Proper control"

And now explain those two definitions to the hirer.

I despair, I really do.

It is no more unwise to helm a boat "under the influence" than to do anything else that holds any level of risk "under the influence"...So, no more booze when you are...

Having a barbeque.

Being a pedestrian (so no walking home from the pub now!)

Carving a joint.

Doing anything near water.

Alternatively hows about carrying out your own "risk assessment" and getting on with enjoying life.

Well, here’s one legal definition I found: “A person is under the influence of alcohol when, as a result of drinking any amount of alcohol, his mental or physical faculties are so impaired as to reduce his ability to think and act with ordinary care."

Pretty simple to understand, I would have thought.

Regarding "proper control", other legislation uses this expression – the Road Traffic Act and Dangerous Dogs Act, for example. This might seem like rubbing salt in, but section 30(1) of the Road Traffic Act says "A person who, when riding a cycle on a road or other public place, is unfit to ride through drink or drugs (that is to say, is under the influence of drink or a drug to such an extent as to be incapable of having proper control of the cycle) is guilty of an offence".

I think a point is being missed here. The examples regarding a barbecue, carving a joint etc, while under the influence, might put the individual concerned in jeopardy. Helming in the same state could put others in jeopardy.

It is not a question of the ‘nanny state’ interfering with an individual’s right to drink themselves into a stupor. It is about protecting the general public from the consequences of an individual being unable properly to control a vessel, due to the effect of alcohol or drugs.

It is all a matter of degree and evidence. Someone who has imbibed a quantity of alcohol, but still steers a steady course, at the right speed, is unlikely to attract attention. If that person then, for example, heads for a congested mooring, bounces off half a dozen boats before ramming the quay at speed and is found to be ‘under the influence’, a prosecution might be expected.