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Marine Safety (Misuse of Alcohol) Act 2006
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Turn the raw legal text into a practical explanation grounded in Marine Safety (Misuse of Alcohol) Act 2006.
(1) A person must not operate a vessel to which this Division applies if there is more than the permitted concentration of 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, at the time of the alleged offence –
(a) another person had overall control of the vessel's means of steering and propulsion; and
(b) that other person was an adult who was competent to exercise that control; and
(c) that other person did not have more than the permitted concentration of alcohol in his or her breath or blood.
(3) It is also 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 vessel or persons aboard the vessel; and
(b) the emergency was unrelated to the conduct of the defendant; and
(c) it was necessary for the defendant to operate the vessel in a particular capacity at that time in order to deal with the emergency; and
(d) the defendant did not operate the vessel in that capacity for any longer than was reasonably necessary to deal with the emergency.