AUTHORITIES could soon have the power to test skippers for alcohol and drugs in the event of an incident at sea, a Scrutiny panel has heard.
Economic Development Minister Kirsten Morel, who oversees air and sea transport policy, proposed changes to Jersey’s shipping laws and harbour regulations earlier this month.
If passed, these changes would allow alcohol and drug testing following a maritime incident, while being intoxicated could be considered an aggravating factor in charges of dangerous operation of a ship.
A new offence of causing death or serious injury through “careless operation” – whether under the influence or not – is also due to be introduced.
However, there will be no legal alcohol limit for skippers, meaning that, unless an accident happens, drinking and sailing or driving a motor boat remains legal.
At an Economic and International Affairs Scrutiny Panel hearing this week, Deputy Morel was pressed by politicians to explain why the proposed law did not match road safety rules, which stipulate that driving while over the legal alcohol limit is a crime regardless of whether an accident occurs.
The minister said: “What [the proposals] are saying is that if you have an incident, you can now be tested for alcohol or drugs.
“And should that be a positive test, then that will be your aggravating factor in dangerous operation of a ship.
“Previously, you could have an incident and you could have refused to be tested, and there was nothing that could be done about that.”
But panel chair Deputy Montfort Tadier responded: “There’s something that doesn’t sit right with me philosophically, that you can drink as much as you like, get behind the wheel of a boat, and that’s okay, so long as you’re capable of steering that vessel. You can’t do that in a car.”
Deputy Morel defended the approach, describing it as a “halfway house” and a “first step”, suggesting stricter rules could be considered at a later date. He argued that the lower volume of traffic at sea meant a direct comparison with drink-driving laws was not appropriate.
He said: “I think there’s a fundamental difference between the amount of traffic on the road, the amount of people, the amount of children, the amount of pedestrians, the amount of cyclists, the amount of horses, the amount of tractors, the amount of buses etc on the roads compared to the amount of traffic on the sea. And I think that is fundamentally where the difference is.”
Deputy Tadier warned that by not making intoxication an offence in itself, the law could imply that drinking and driving or sailing a boat was acceptable.
“I do want to give the message that people should not be inebriated while sailing,” Deputy Morel responded. “And they can now be tested. Previously, they couldn’t be tested.”
Responding, Deputy Tadier said: “The legal position is that you can be drunk in charge of a vessel, so long as it doesn’t impinge on your capability.”
The proposed amendments would also expand the definition of vessels to include jet skis and other small watercraft. And they clarify the responsibilities of the police and harbour authorities when investigating maritime incidents.
While reports on accidents involving Jersey-registered vessels will continue to be published, incidents involving foreign-registered boats will remain the responsibility of their home jurisdictions.
