1.2.7 Inconsiderate, careless and dangerous operation of vessels

1.2.7 Inconsiderate, careless and dangerous operation of vessels

drugs or of drugs and alcohol in circumstances that could affect the safety of persons on board or others using Irish waters, or create a disturbance on board the craft or be a nuisance to others using Irish waters.

Legislation

Under the Maritime Safety Act 2005, authorised persons or a member of the Garda Síochána have powers to take enforcement action in a range of circumstances, including when a person is operating a craft in a manner that poses a risk or danger to other persons. It is also an offence to operate a craft in Irish waters without reasonable consideration of other persons using those waters or at a speed that is unreasonable having regard to the circumstances and the place where the craft is operating.

▪Any person being towed or

on board a vessel or object of any kind that is being towed by a pleasure craft shall not consume alcohol or drugs or any combination of drugs or drugs and alcohol.

Violation of any of the provisions of the Pleasure Craft (Personal Flotation Devices and Operation) (Safety) Regulations 2005 may result in a fixed payment notice for €150 issued by an Authorised Officer, or prosecution in the District Court and, on summary conviction, a fine of up to €5,000.

A person who commits offences relating to the navigation or operation of a vessel without due care and attention to other persons is liable on summary conviction to a fine not exceeding €5,000 or to imprisonment for a term not exceeding one month or to both. Offences also exist where a person navigates or operates a vessel in a manner, including at a speed, which, is dangerous to other persons in or on those waters. (See section 1.7).

Authorised Officers include members of the Garda Síochána, Naval Service, Harbour Masters and members of the Irish Maritime Administration who are authorised by the Minister.

The Maritime Safety Act 2005 (No. 11 of 2005), as amended, also contains prohibitions on operating a vessel in Irish waters while under the influence of alcohol or drugs (see section 1.7).

A member of the Garda Síochána who reasonably suspects that a person is committing or has committed an offence under Part 2 of the Maritime Safety Act 2005 or section 23 or 24 of that Act involving careless or dangerous navigation or operation of a craft may arrest without warrant the person.