WA legislation does not allow officers to breath test skippers of boats

 I'm not suggesting that I'm going to go out and get drunk on my boat but I didn't know that the Police can not breath test you on your boat... Other states certainly can. 

 

http://www.abc.net.au/news/2015-01-22/wa-laws-dont-allow-breath-testing-of-boat-skippers-police-say/6034282

 

 

 

 

 


GGs's picture

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Nope thats why they wait just

Thu, 2015-01-22 12:25

Nope thats why they wait just past the boat ramp and get you when you drive off. Have seen it happen many times in Freo when coming back from rotto.

carnarvonite's picture

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Like

Thu, 2015-01-22 12:49

Though a lot of skippers will disagree with me but I would like to see breath testing introduced. It would save sea rescue groups a lot of time and trouble finding and towing them in after they have got themselves in the shit.

Mayfly's picture

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 I wouldn't disagree

Thu, 2015-01-22 13:26

 I wouldn't disagree carnarvonite, even though I don't have my own boat but I think you're stupid if you want to get drunk and drive a boat.

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Thu, 2015-01-22 19:49

 

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I had an interesting experience with this

Thu, 2015-01-22 13:27

 A couple of years ago my boat exploded at the fuel jetty in Hillarys.  - Not a fun experience I can assure you.

After everything had settled down with the press, helicopters etc etc I was approached by the police and asked if I had been drinking. My response was yes, had one beer in the pen before tying up at the fuel jetty.

Police said they would need to breath test me and were nice enough to say they would find a private spot away from the press etc etc. They went away and came back about ten minutes later to say it "wasn't necessary"

The test itself was not going to be a concern for me however I guess they may have been advised that there was not much they could do.

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Yes, although it is an

Thu, 2015-01-22 13:53

Yes, although it is an offence to be in charge of a vessel while affected by alcohol it is logistically very difficult to administer the law. Preliminary breath tests and any follow up tests, securing boats, ensuring passengers are safely conveyed to shore....etc would tie up a police crew for half a day.

So at the moment it is placed in the too hard basket!

As others have mentioned, once you have retrieved you boat at the ramp most of these logistical hurdles no longer exist.

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 It's not a logistical

Tue, 2015-01-27 09:55

 It's not a logistical problem, they don't have the power to conduct on-water breath tests, and there is no prescribed alcohol limit.

My understanding is that this loophole was about to be changed a few years ago but was forgotten when the government changed.  I've heard it's back on the agenda to be rectified.

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sunshine's picture

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I for one wouldn't consider drinking

Thu, 2015-01-22 14:04

When skipper of my boat or any other for that matter - have skippered others boats back from Rotto when they were blotto on several occasions - bloody lethal weapon in the hands of someone who is not fully in control.  Have the same view driving a motor vehicle but having been hit by drunk drivers on several occasions including a very serious accident and being involved in the insurance industry in claims you do quickly get strong views on such matters 

rigpig's picture

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Each State doing something different..

Thu, 2015-01-22 14:20

 I find it amazing in this country that everything is different when it comes to vehicles and boats. Road rules, licensing, registrations, road worthy certificates and third party insurance and even the speed limits. What a confusing mess it is. Imagine never having been to Australia before and then setting off on an around the country road trip towing a boat!!!!!!!

Iceman's picture

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Sea Rescue

Thu, 2015-01-22 14:56

 As Carnarvonite said it would save us (sea rescue) a lot of time in dealing with intoxicated skipper who get themselves in trouble and risk the lives of those on board.

Had to call the police down to Hillarys one day when I was abused over the radio when I woukld not put his boat back in the pen. Was clearly drunk. 2 police cars where waiting for us.

Politicians son got away with it after he crashed on the river and badly injured his passengers and was clearly drunk.

I have also called the police to ensure the are waiting near the ramp when we have towed a vessel back and can clearly see by the people onboard they are drunk to ensure they kill no one on the way home.

I don't agree on alcohol on vessels period and never allowed it on my boat. The ocean is not flat like to road and mother nature can kick you in the ass if you get in trouble.

I have been on a boat at the skyworks but never again after seeing the antic on some of the skippers, particularly when it finishes.

 

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Woollards son didnt actually

Thu, 2015-01-22 15:46

Woollards son didnt actually "get away with it", he got 18 month suspended sentence and they paid compensation to the injured.

Pretty light really but hopefully he learnt a lesson.

We'll likely be on the river for Skyshow, hopefully close to the bank somewhere so we can stay put til the morning!

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 Causeway or narrows?  we'll

Thu, 2015-01-22 19:54

 Causeway or narrows?  we'll be over the causeway side.  wave!

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buggered if I know Randell,

Thu, 2015-01-22 22:22

buggered if I know Randell, is causeway side better? Do they close off Perth Water altogether and what time??

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 Give a man a mask, and he'll show you his true face...

 

 

The older you get the more you realize that no one has a f++king clue what they're doing.

Everyone's just winging it.

 

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Thu, 2015-01-22 20:46

Thumbs up for icemans thread

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Grog and launching/retrieving ramps

Thu, 2015-01-22 16:12

I have seen some truly amazing and dangerous things at ramps done be skippers who were as drunk as hell. Just how people were not killed has only been through the grace of god, sadly there have been some serious injuries because the skipper and his passengers have been out in the sun on the water and consuming alcohol in large quantities which has greatly affected their judgment, which has resulted in boats coming in hitting jetties rocks other boats and every other thing imaginable.
Breath tests for skippers on water and land - no problem imo.

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Never had a boat and know

Thu, 2015-01-22 18:42

Never had a boat and know fuck all about them.

Staggered to hear you can't be breath tested. Amazed.

Brock O's picture

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Thank Phuk

Thu, 2015-01-22 18:51

 

 For that!!..there's a differnece between having a few beers and going overboard! 

 One thing we can be greatful off in this nanny state! If it got brought in this would be the longest post running in FW history in IMO

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(No subject)

Thu, 2015-01-22 18:56

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 Give a man a mask, and he'll show you his true face...

 

 

The older you get the more you realize that no one has a f++king clue what they're doing.

Everyone's just winging it.

 

jarrid's picture

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 Agree 100%. I enjoy having a

Thu, 2015-01-22 20:25

 Agree 100%. I enjoy having a couple of beers on the boat on a good day and generally have to drive home. There would be points in the day where I would probably be over 0.05 by a bit but obviously back under before driving. Doesn't mean I will drive over my deckies head. Ps it is a different story in rough weather or if things aren't spot on

Lastchance's picture

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Yep, nothing better than a

Fri, 2015-01-23 16:43

Yep, nothing better than a few cdoldies out on the water.

Useless pricks are going to be everywhere and half of them will get into trouble whether they are drunk or not, so it would be a pisser to have something like this introduced state wide and ruin it for us folk that can drink responsibly and may not be towing a boat home that day. ie Overnighter at the shack or something.

0.05 and under on the Swan would be an option?

 

troy fuller's picture

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 I remember one day my old

Thu, 2015-01-22 19:06

 I remember one day my old man and I were launching our tinny when 2 blokes rocked up, both smashed, one had real deep cuts from the back of his head and to his back, he explained that the boat ran over him and the prop had cut him up big time, he was in no rush to get to the hospital.. Lucky he didn't die they were deep cuts 

Mayfly's picture

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 Troy, I was fishing near

Thu, 2015-01-22 19:52

 Troy, I was fishing near guildford a few years back and saw some guy jump or fall off the boat. It drove right over him and the prop hit him, he came up with a bloody head. Wonder if it was the same person?

southcity104's picture

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They can give you...

Thu, 2015-01-22 19:09

They can give you a sobriety test according to the water police ive spoken to. I'm not sure how this is done though.

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It will be

Thu, 2015-01-22 19:29

 done as part of an investigation. I.e if an incident results in injury that requires medical attention it will be investigated similar to dangerous driving causing bodily harm. As part of the investigation the could ask for consent from the skipper to do a breath test or take a blood sample as part of a forensic examination.

basically if an incident results in serious injury alcohol factor will be examined. As part of normal policing, no powers to do random breath tests. 

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meersy's picture

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I have a few drinks every

Sat, 2015-01-24 08:54

I have a few drinks every time I go out for a fish, dont get smashed , but would definately blow over at some stage throughout the day. As i have to drive home,load the boat etc, I make sure that but the time we get back to the ramp im under the leagal limit. Alot more accidents happen on the water due to inexperiance and stupidity than alcohol.In my opinion there is nothin better than being 30nm out,no phone range,driftin around for dhuies suckin on a cold one

Cruise Control's picture

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I dont drink on a boat when I

Tue, 2015-01-27 12:33

I dont drink on a boat when I am skippering but if I have deckies on board they are restricted to 2 beers each. Too much can go wrong on a boat, let alone sharp things, pointy things and things with teeth !

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 I have only recently (read:

Tue, 2015-02-03 13:15

 I have only recently (read: last week) changed my licence over from QLD to here and i was gobsmacked to hear that you couldn't be breath tested.  I have been teasted dozens of times by the water Police in the Brisbane River and Moreton Bay and have never had an issue with it.  Another good thing with skippers tickets over there is that they are linked to your drivers licence - loose either and you loose both.  It tends to weed out the d!ckhe@ds pretty quick.  

sandbar's picture

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Bullsh!T

Tue, 2015-02-03 21:23

 I always have a beer or few on my boat. Never drive home drunk and have been pulled over and bretho'ed plenty of times on the way home. I have helped people stranded who have not had a beer at all and those who have. I have rescued myself when the batteries went flat and I used a length off the anchor rope to pull start a 115hp merc. This is 1 off the privilages left on this planet that "big brother" hasn't got a hold of yet and it will soon be "controlled"!

 

Now I am not saying that I agree with drunk skippering at all but I am sure that not all sea rescues are due to drunk skippers. I can recall an old pensioner slamming his boat into a jetty seriosly injuring his grandkids in sydney harbour. He did not get fined or a conviction on his licence recorded.  I know alot of "stoned" skippers who will voice their opinion on this subject and then swear that its fine to be stoned.

 

This is a can of worms.

 

Enjoy!

 

 

devhay's picture

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 I'm with you on this one All

Wed, 2015-02-04 09:00

 I'm with you on this one 

All comes down to common sense at the end of the day

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rigpig's picture

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100% agree

Wed, 2015-02-04 12:22

 I too enjoy a coldie when I'm out crabbing or fishing and the girlfriend likes a glass or two of wine. I don't drink when I have been diving until I get home but that's just a precaution I like to personally take. When I put this post up I forgot to add that the Minister for Police has not intention of changing the rules based on a couple of incidents of drink driving while operating a boat. I like her attitude and common sense approach. Lets hope it stays the way it is..

cheers