Editorial 04/04

April 1st, 2004 by JCB
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The last few years has seen an increasing tendency to criminalise the mariner and pilots should be aware of the latest piece of legislation to be slipped quietly in by the Government which makes “professional mariners” subject to the same alcohol limits as drivers. As of 30th March 2004 “professional mariners” will be declared over the limit if they have more than 80 milligrams of alcohol in 100 millilitres of blood. The testing regime is also the same as on the road which means that the police will be able to use the same equipment and follow the same procedures as they do with motorists.
The announcement means that the Government is fulfilling its pledge to implement Lord Justice Clarke’s recommendation in his report into the Marchioness disaster to introduce alcohol limits and tests for mariners. Marine officials have been given powers to detain vessels pending the arrival of the police if they have reason to suspect that an offence is being committed. In order that all may be clear as to whom the regulations apply the official DfT press release states: “The law will apply to professional mariners on UK registered vessels around the globe and to those serving on foreign vessels while in UK waters and on un-registered vessels in UK waters”. An early indicator that police and Magistrates will impose maximum penalties on mariners was revealed prior to the legislation being introduced when the Master of the dredger Donald Redford, which collided with Hythe pier in Southampton Water, was charged under the Merchant Shipping Act for the offence of conduct endangering ships, structures and individuals. In that case the Master was found to be 2.5 times over the road drivers’ limit and was sentenced to two eight month custodial terms to run concurrently which is a very severe penalty rarely, if ever, imposed on similarly “over the limit” road drivers involved in non fatal accidents. All pilots should therefore be fully aware of the implications of the new legislation and this court case which means that if a pilot is involved in any notifiable incident he will be arrested by the police, breathalysed and judged in court rather than the matter being dealt with internally by their CHA. You have been warned!
PS The legislation currently only applies to professional mariners. However there are plans to extend the legislation to leisure users as well but in this case the DfT are undertaking a consultation process and details are available on the DfT website (consultation) at: www.dft.gov.uk

John Clandillon-Baker