14Person who has consumed alcohol not to be allowed to operate commercial vessel

14 Person who has consumed alcohol not to be allowed to operate commercial vessel

(1)  The owner of a commercial vessel must not cause or allow a person who has alcohol in his or her breath or blood to operate the commercial vessel.

Penalty:  In the case of –

(a) a first offence, a fine not exceeding 50 penalty units; and

(b) a second offence, a fine not exceeding 100 penalty units; and

(c) a third or subsequent offence, a fine not exceeding 200 penalty units.

(2)  The person in charge of a commercial vessel must not cause or allow another person to operate the commercial vessel if that other person has alcohol in his or her breath or blood.

Penalty:  In the case of –

(a) a first offence, a fine not exceeding 50 penalty units; and

(b) a second offence, a fine not exceeding 100 penalty units; and

(c) a third or subsequent offence, a fine not exceeding 200 penalty units.

(3)  However, it is a defence in proceedings for an offence under subsection (1) or (2) if the defendant establishes that, at the time of the alleged offence, the defendant did not know and could not reasonably have been expected to know that the person who the defendant caused or allowed to operate the commercial vessel had alcohol in his or her breath or blood.

(4)  It is also a defence in proceedings for an offence under subsection (1) or (2) 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 or the person who the defendant caused or allowed to operate the commercial vessel; and

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