TRANSPORT Minister Stephen Ladyman has recently announced the Department of Trans-port is pressing ahead with the introduction of an alcohol limit for non-professional mariners.
This appears to be causing some conster-nation in leisure boat-ing circles, but is perhaps not a surpris-ing development.
The new legislation will apply to anyone navigating a vessel more than 7 metres (22.9 ft) long and/or capable of a maximum speed of more than 7 knots (about 8 mph).
However there is a potentially serious loophole in the proposals, which will not extend to cover jet skis. The regulations apply to “ships�, defined under the Act to include �every description of a vessel used in navigation�.
The DfT has express-ly acknowledged jet skis will not come with-in the existing rules because of a Court of Appeal ruling last year.
There have been a number of serious incidents involving jet skis in UK and foreign waters, and it would be most unfortunate if, in a future incident invol-ving alcohol, a culpable party escaped
prosecu-tion under the loop-hole. Leisure sailors should also bear in mind that the consump-tion of alcohol may jeopardise their insur-ance cover should they be involved in an accident.
Clearly, in a serious matter involving death or injury, the consequences for an uninsured individual could be severe.
TERRY DONAGHY is a partner at Weightmans