13Person who has consumed alcohol not to operate commercial vessel

13 Person who has consumed alcohol not to operate commercial vessel

(1)  A person must not operate a commercial vessel if there is alcohol in the person's breath or blood.

Penalty:  The penalty provided for this offence by section 41 .

(2)  However, it is a defence in proceedings for an offence under subsection (1) if the defendant establishes that –

(a) at the time of the alleged offence, there was an emergency threatening the safety of the commercial vessel or persons aboard the commercial vessel; and

(b) the emergency was unrelated to the conduct of the defendant; and

(c) it was necessary for the defendant to operate the commercial vessel in a particular capacity at that time in order to deal with the emergency; and

(d) the defendant did not operate the commercial vessel in that capacity for any longer than was reasonably necessary to deal with the emergency.