There does not seem to be pressure from harbour authorities etc for extra powers, nor do they seem to make an issue of excessive drinking as a major cause of accidents involving boats. Harbour authorities can already establish bye laws equivalent to the proposed regulations if they wish (as the PLA has done) - but rarely uses the power.
I'd rather use existing law and not pass more laws that are out of proportion with the extent of the problem.
Given that the proposed limits in the drink boating legislation are the same as for drink driving, it is reasonable to assume that this would have been a sound basis for a successful prosecution. However, there is no definitive evidence that the cause of the accident was that the helmsman was drunk. However no prosecutions were brought because the two people concerned were dead.
If you look at most of the other cases (4 in total) out of the 35 that resulted in deaths or injuries you will find only one where drink is clearly a cause. In all the others (such as this one) there is only an association - in other words the casualties had been known to be drinking, but there was no evidence that drink was a direct cause of the accident. In one other case (Morphil) drink was shown as a contributory factor but not a cause, and there were no casualties.
BTW, the Ragwort Control Act -- same year as the Railway and Transport Safety Act. It's only two pages, most of which is taken up with coats of arms and preamble about her most excellent majesty and lords spiritual and temporal and such-like guff. [/QUOTE]
I didn't know about that.
That's now my /second/ favourite piece of legislation, after the Interpretation (Stating The Obvious) Act 1978:
References to distance.
In the measurement of any distance for the purposes of an Act, that distance shall, unless the contrary intention appears, be measured in a straight line on a horizontal plane.
References to time of day.
Subject to section 3 of the Summer Time Act 1972 (construction of references to points of time during the period of summer time), whenever an expression of time occurs in an Act, the time referred to shall, unless it is otherwise specifically stated, be held to be Greenwich mean time.
References to the Sovereign.
In any Act a reference to the Sovereign reigning at the time of the passing of the Act is to be construed, unless the contrary intention appears, as a reference to the Sovereign for the time being
"when the ship arrives in a wine country, there the master shall procure them wine to drink." Article XVII, Rules Of Oleron
July 28, 2016
July 28, 2016