WA Radio Scanner Users' Group

Hey Guys,

A mate and I have a bet at the moment and I can't seem to find the answer anywhere.

Here's the statement:

It is illegal to Skipper a vessel if you are over .05 BAC. True of False?

Ie - Do the same laws apply on the water as they do on the road? I've looked everywhere from the Office of Road Safety to the Department of Transport to the WA Marine Act of 1982 and can't seem to find any prescribed limit.

Any help? Ps - I believe the same rules apply

Cheers

I think I heard on the radio the other day that the police are pushing to make this law in WA.
I think we're the only state that it's not illegal to be pissed when driving a boat.

Of course, I could be wrong. I did hear something about it though.

Of course you could call the Water Police Branch on 9442 8600. I expect they will know.

Watching the Police shows from over east on TV and they most certainly can get done for it.

Remember The Force episode from a while back from a Skyshow? They stopped a drunk skipper and he took off and his little dingy and they pursued? They caught up with him at a later date and I'm sure he was charged with something I can't remember what though.

yorky wrote:Watching the Police shows from over east on TV and they most certainly can get done for it.

Remember The Force episode from a while back from a Skyshow? They stopped a drunk skipper and he took off and his little dingy and they pursued? They caught up with him at a later date and I'm sure he was charged with something I can't remember what though.

Evading police?

Best I could find was this from a Department of Transport brochure, published December 2006.

It has always been an offence under the WA Marine Act to drive a boat while impaired by alcohol, and the Water Police are currently paying a great deal of attention to people infringing that rule. The police will be attending ramps throughout the state this summer, checking returning boats for safety equipment and assessing skippers for sobriety.

Section 59(2) of the Western Australian Marine Act 1982 states: "No person shall navigate or attempt to navigate a vessel while under the influence of alcohol or drugs to such an extent as to be incapable of having proper control of the vessel", with a penalty of $1,000.

So ... nothing that specifically says the limit is 0.05, but there is some legislation in place.

Cheers for that guys, I might give the Water Police a call and see what they have to say. It is an interesting oversight if there is no prescribed upper limit.

For those playing at home, the WA Police incident I mentioned earlier was on The Force Season 2 Ep 10. Marine Safety Act was what he was charged under. Was charged with several items but didn't include breath (because he took off hence no breath recording taken).