39Police may direct certain persons not to operate vessels, &c.

39 Police may direct certain persons not to operate vessels, &c.

(1)  This section applies if a police officer reasonably suspects that –

(a) a person operating or apparently about to operate a commercial vessel has consumed alcohol; or

(b) a person operating or apparently about to operate a vessel to which Division 2 of Part 2 applies has more than the permitted concentration of alcohol in the person's blood.

(2)  The police officer may –

(a) direct the person not to operate the vessel for a period of time specified by the police officer; and

(b) give any person aboard the vessel such directions as the police officer reasonably considers necessary to ensure the safety of –

(i) the vessel and persons aboard the vessel; and

(ii) if applicable, other persons, other vessels or structures; and

(c) if it appears to the police officer that no person who may legally operate the vessel is available, take such steps as the police officer reasonably considers necessary to ensure the safety of the vessel and persons aboard the vessel including, if circumstances require –

(i) removing the vessel to a place of safety (if necessary by operating it or taking it in tow); or

(ii) temporarily preventing its further operation.

(3)  A person must not fail to comply with a direction under subsection (2) .

Penalty:  Fine not exceeding 30 penalty units or imprisonment for a term not exceeding one month, or both.

(4)  The Crown is not liable for any damage that may be caused to any vessel, cargo, structure or other thing as a result of an act or omission of a police officer exercising power under subsection (2)(c) in good faith.