Articles

As the weather warms up more people will be taking to the water over summer, but many don’t know the laws regarding drink driving on a boat. Drink driving laws apply to any ‘vessel’ which includes not only boats but jet skis, kayaks, sailboards and kite boards.

The Law on Drink Driving on A Boat In NSW

In NSW the laws regarding drink driving on a boat are governed by the Marine Safety Act and the Marine Safety Regulations. These laws are very similar to the rules covering breath testing and alcohol limits for drivers of motor vehicles under the Road Transport Act.

Testing is basically identical. Random breath testing can be conducted on anyone reasonably suspected of being the operator of a vessel within a two-hour period. Blood samples can be taken in some situations and sobriety assessments can also be conducted by police. You cannot be tested if you are at your home or if the vessel is moored, berthed or anchored.

Being the operator of a vessel extends beyond the driver of a boat. It also includes the observer of a ski boat; anyone being towed by the vessel and anyone supervising an operator who is under the age of 16. The operator of a vessel must ensure that they remain under their applicable limit which is:

Category of driver	Applicable Limit:
All operators under 18	0.00
Commercial operators over 18	0.02
Recreational operators over 18	0.05

Penalties for drink driving on a boat in NSW

Offence	Who it applies to	Reading	1st Offence	2nd Offence
Novice range PCA	Operators of a vessel under 18	Above 0.00 but below 0.02	$1100 3mths disqualification	$2200 6mths disqualification
Special range PCA	Operators of a vessel under 18 and commercial operators	0.02 to 0.049	$1100 3mths disqualification	$2200 6mths disqualification
Low range PCA	Any person operating a vessel	0.05 to 0.079	$1100 3mths disqualification	$2200 6mths disqualification
Mid range PCA	Any person operating a vessel	0.080 to 0.149	$2200 9mths imprisonment 6mths disqualification	$3300 12mths imprisonment 12mths disqualification
High range PCA	Any person operating a vessel	0.150 and above	$3300 18mths imprisonment 12mths disqualification	$5500 2yrs imprisonment 2yrs disqualification

Will a conviction for drink driving on a boat affect my car or bike licence?

When the RTA and NSW Maritime Authority merged to become the RMS it became possible to get a combined licence. So, your boat or personal watercraft qualifications are also on your drivers licence. People often ask if the loss of a driver’s licence will affect their boat licence and vice versa. Although the qualifications are held on the one licence the loss, cancellation or disqualification of one will not affect the other. Similarly, a prior conviction for drink driving in a car within the last five years does not count as a prior offence if you were caught drink driving on a boat or other vessel.