The Snake on alcohol abuse

Our slitherin correspondent ponders the UK Government's latest proposed legislation to stem our gin intake

Soon, the answer to the eternal question; “What shall we do with the drunken sailor? (Earl-y in the mor-ning)”, may well change from the traditional; “Put him in a long boat ‘til he’s sober (Earl-y in the mor-ning)” to; “Detain him until a police officer arrives to breath-test him and if he is found to have in excess of 80mg/100ml in alcohol/blood ratio, then arrest and charge him before fining and possibly imprisoning him (Earl-y in the mor-ning, or any other time).”

Britain’s Secretary of State for Transport is currently seeking advice and guidance concerning the forthcoming decision upon the framework of legislation for the misuse of alcohol and drugs in yachting. The Government and its ministers are aware that they cannot use many of the existing laws and practices currently employed with road traffic and an entirely new set of rules must be drawn up. Even a cursory glance at their ‘Consultation Document’ gives an idea of the complexity of the issue and also suggests the groups that are to be targeted. The very fact that such care is being taken with public opinion reflects that accidents, damage or injuries involving recreational boats due to impairment through excessive alcohol are minimal and that any legislation is likely to be deeply unpopular and unnecessary.

One obvious disparity between land and sea transport is the sheer variety of watercraft; a huge range in size, power capabilities and propulsion methods. On land anyone driving a vehicle powered by internal combustion experiences the full weight of the law if they exceed the legal limit of alcohol consumption. It is, though, permissible to drink heroic amounts and then attempt to walk, ride a bicycle or even saddle-up a horse as long as you don’t attempt to gallop the nag along a motorway. In the same vein the Government is considering an exemption for “rowing and paddle boats and sailing dinghies from the application of breath limits and the associated tests” while “those operating very large recreational vessels, high powered motorboats and personal watercraft (commonly known as jetskis or shotgun practice)” will not avoid the law.

Defining the types of boat subject to the new laws constitutes a major part of the Consultation Document. Qualification by displacement is considered, as are brake horse power figures and maximum speed calculations: “Vessels capable of exceeding a maximum design speed of 17 knots would include those posing a substantial safety risk and would include [unsurprisingly] personal watercraft.” Even hull shape may be utilised as a regulatory definition and “planing hull forms or semi-displacement hull forms” could be used to identify a potential safety risk. However, those holding their breath and keeping their heads below the parapet should realise that the Government is also prepared to exempt a large number of vessels in addition to dinghies, kayaks and rowing boats. This list includes sailing dinghies carrying a small outboard, “most sailing yachts with auxiliary motors,” and small motor powered boats used as tenders or fishing boats. It will not, though, exempt; “very large recreational vessels nor high powered speedboats (semi-displacement vessels) and fast motor yachts (including motorsailers) nor [wait for it!] personal watercraft.”

So, that’s alright then. It seems that the yachtsman’s historic right to sail about inebriated is preserved. Fortunately, this is not the case and although almost any behaviour is allowed when moored or at anchor; “The offence of being impaired in the ability to navigate because of drink or drugs will not be affected by any exceptions which may be made.” This does present a new set of disturbing problems as the Royal Yachting Association (RYA) pointed out recently in a rather cosy manner, suggesting the future disruption of Noel Coward’s lifestyle: “Cruising boaters who like to have a glass of wine in the cockpit at the close of the evening, but may need to move their boat to a different marina berth later, could find themselves on the wrong side of the law.”

Dear God, no! Storm the Houses of Parliament! Burn all the heretics! Release the fiends of Hell and remove all personal accountability.

Although The Snake has no fondness for personal watercraft (indeed, the sight of a group of their riders dripping along a waterfront eating chips while wearing wetsuits is really pretty grim) are these people to bear the entire responsibility for maintaining sobriety afloat? Who else, then, is deemed responsible for a vessel underway and therefore forbidden any overindulgence? This conundrum presents the Government with an opportunity for a further flurry of definitions. It seems that to be connected with the navigation of a boat an individual must be; “engaged in either steering the vessel or significantly affecting propulsion (presumably controlling a throttle, but how about trimming?) or both.” This does not relinquish a skipper from responsibility and when a vessel is underway he may be considered to be “exercising a navigational function” through his implied status, even though he may not technically be in control of the boat. Such restrictions do not apply to crewmembers and passengers: those “engaged in general crewing activities, such as rigging [sic] the sails on a yacht or hauling [sic] an anchor” are not deemed to contribute to navigation and this will continue to allow non-essential crew and charter or corporate guests the opportunity to drink enough alcohol to kill a whoop of gorillas without breaking the law.

Enforcement of the proposed laws is a fresh area for the legislators. It is certain that the existing numbers of police officers patrolling the British coastline will be unable to deal with the perceived workload that the new laws may present. To assist the police, a number of ‘Marine Officials’ may be appointed with the right to detain a vessel until a police officer arrives with a breath-test kit. The Secretary of State suggests that this group is drawn from harbour masters, assistant harbour masters, Customs and Excise officers, members of the Maritime and Coastguard Agency (MCA) and any commissioned naval or military officer (and, by extension, the Jehovah’s Witness rapid response unit and the anti-terrorist division of the Rotarians). Clearly, the only group who have any thorough experience or training in this field are the Customs and Excise officers, while it is highly unlikely that many of the other ‘Marine Officials’ will relish their new role and involvement in this scheme.

Whatever legislation the Government decides to implement, it is refreshing that they have not chosen to immediately copy the American model of regulation, BUI (Boating Under the Influence). This law imposes blanket penalties covering every craft from a canoe to a crude carrier and ‘impaired’ sailors risk large fines, suspension of boating privileges and imprisonment. The US Coast Guard helpfully advises; “If you want to make alcohol part of your day’s enjoyment, plan to have a party ashore at the dock, in a picnic area, at a boating club, or in your backyard…” Quite so, and Have A Nice Day. What the Secretary of State’s advisors appear to have missed is that there are no statistics to suggest that present levels of drinking in recreational yachting present a serious, future increase in danger to life or property. Although pre-emptive legislation is the mark of an intelligent government, introducing complex laws to an environment that will be extremely difficult to police when there is no challenging evidence of such a necessity seems totally pointless.

As the lines from a sea shanty quoted at the beginning of this column suggest, sailors have a traditional reputation for intoxication. This idea is perpetuated in film and literature; not least by Hergés cartoon character, Captain Haddock: a sailor with a pathological fear of whisky deprivation. Today, though, it is noticeable that most yachtsmen confine their drinking excesses to the shore and, consequently, the streets of many towns hosting a regatta or sailing event are paved with bodily fluids. At sea, however, modern codes of conduct combined with a grasp of social responsibility and the knowledge that one is sailing around on a considerable financial investment and a potentially deadly weapon, usually prevent any over enthusiastic drinking.

His Supreme Highness, The Secretary of State for Transport, will entertain suggestions until 30th July 2004.