The 2016 Annual Report of the Irish Marine Casualty Investigation Board (MCIB) highlighted alcohol and drug consumption continue to be factors in marine incidents. As such, Ireland’s Department of Transport, Tourism and Sport issued a Marine Notice to remind of the law in relation to alcohol and drugs when operating or while onboard vessels within Irish waters.
In view of these, the Department of Transport, Tourism and Sport reminds:
- YOU must take personal responsibility for your actions on the water.
- YOU must avoid alcohol and drugs before or during a voyage.
- If you fail to operate safely and to comply with the law in relation to alcohol and drug consumption, YOU put your life and your vessel at risk as well as the lives of others, including members of the rescue services.
- It is against the law to consume alcohol and drugs in circumstances that could affect the safety of others on board or others using Irish waters, or create a disturbance on board or be a nuisance to others using Irish waters.
- Alcohol speeds up the rate of body cooling and thus increases the risk of hypothermia in the event that you fall into the water.
Sections 28 to 30 of the Maritime Safety Act 2005 contain a range of provisions relating to the prohibition on operating or being onboard a vessel in Irish waters while under the influence of alcohol or drugs, and the associated penalties. These include the following prohibitions:
- A person in command or in charge or another member of the crew of a vessel in Irish waters (or an Irish ship in waters anywhere) must not operate or control the vessel or carry out any task in relation to the operation or control of the vessel while he or she is under the influence of alcohol or a drug or any combination of drugs, or drugs and alcohol to such an extent as to be incapable of properly controlling or operating the vessel or carrying out the task or duty.
- A person onboard a vessel in Irish waters must not consume alcohol or drugs or both, while onboard the vessel in circumstances which could affect the safety of persons or create a disturbance or serious nuisance on board the vessel or affect the safety of other persons using Irish waters or constitute a nuisance to such persons.
- Failure to comply with the above requirements is an offence and the person is liable on summary conviction to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 3 months or both.
- If a person in command or in charge or another member of the crew of a vessel is, while on duty, under the influence of alcohol or a drug or any combination of drugs or drugs and alcohol to such an extent that his or her ability to discharge his or her duties is impaired, he or she commits an offence and is liable on summary conviction to a fine not exceeding €5,000.
- A person onboard a vessel in Irish waters who through any deliberate or reckless action or by reason of being under the influence of alcohol or drugs puts at risk or endangers the safety, security or seaworthiness of the vessel or the lives or safety of persons on board commits an offence and is liable on summary conviction to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 6 months or both, or on conviction on indictment, to a fine not exceeding €100,000 or to imprisonment for a term not exceeding 2 years or both.
