Marine drug and alcohol legislation
New drug and alcohol laws came into effect in Victoria on December 1, 2012The new laws have given Victoria Police powers to conduct random drug testing of ship, boat and personal watercraft (PWC) operators for illicit and illegal drugs including ice, speed, ecstasy and cannabis. The laws also saw the introduction of a 0.00 blood alcohol concentration limit (BAC) for commercial and government vessel operators, masters and pilots of passenger trading and fishing craft.
The legislation is also designed to improve transport safety officers’ marine safety powers including the capacity to check that vessels have appropriate safety equipment on board and give Victoria Police powers to inspect vessels, enter a vessel without consent or warrant and direct the provision of information about an owner or master.
A 0.00 limit is retained for operators of recreational vessels under 21 years of age and 0.05 limit for those aged 21 years and over.
The drug tests will be administered in the same way that motorists are tested. Drug testing may also be used in the follow-up to incidents, where masters can be required to accompany police to shore.
On-water drug testing is not currently feasible as the hand-held devices require both a stable and level platform and an absence of moisture.
Random drug testing operations at boat ramps is possible. For random testing for amphetamines (speed and ice), ecstasy and cannabis, police officers will direct a vessel to a testing station. The operator will then be asked to provide an oral fluid sample.
If the sample tests positive to one of the three illicit drugs, the person may then be taken to a police station and required to undergo another oral fluid test.
Penalties for operating a vessel under the influence of drugs or alcohol are comparable to road offences.
The new marine drug and alcohol laws bring standards for operators of ships, boats and PWC's into line with other Victorian road and railways laws.
The restrictions on use of illicit and illegal drugs are the same as those that apply to drivers on Victorian roads.
Heavy vehicle drivers including, truck, bus, train, tram and taxi drivers have been subject to zero blood limit for many years.
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