Marine alcohol and drug laws

It is an offence for anyone operating or in charge of a vessel to exceed the drug and alcohol limits contained in legislation.

The legislation does not change the rules around where alcohol may be consumed.

If you are planning on operating a vessel, it is safest not to drink at all.

A person operating a vessel must hold appropriate qualifications for that type of vessel. For most motorised vessels this means that they must hold a valid RST. 

In some cases, a person without a RST can operate a vessel under the supervision of another person. 

A skipper who is over the limit will be breaking the law if they allow an unqualified person, who does not themselves hold a RST, to operate a vessel under their supervision. 

The situation is similar to a learner driver on the road. Road law prohibits a person with a driver’s licence from giving instructions to a learner, while the instructor is above the limit.

The skipper of a vessel must not allow any person who is under the influence of drugs or alcohol to operate the vessel.

Currently there is not enough evidence to suggest that there is a high prevalence of incidents involving skippers under 18 years of age who are skippering vessels while under the influence of drugs or alcohol, to warrant special blood alcohol content (BAC) limits. This position will be reconsidered if additional evidence emerges following introduction of the laws.

Under the Road Traffic Act 1974, a 0.00 BAC limit applies to learner and probationary drivers. There is currently no direct equivalent to a probationary or learner driver under marine legislation. 

However, skippers must still comply with the Liquor Control Act 1988, which prohibits the supply of alcohol to a child under 18 years of age. 

The laws apply to people navigating a vessel. If you are the skipper and knowingly allow someone who is under the influence of drugs and alcohol to operate a vessel under your supervision you could be committing an offence. 

As skipper you are always responsible for the safety and wellbeing of people on board your vessel (the passengers) and the safety of other water users.

In an emergency, the ability of a passenger to take life-saving action will be limited if they’re under the influence of drugs or alcohol. Excessive consumption of alcohol or use of illicit substances while on the water can pose additional risks to a person’s safety.

For men the guide is two standard drinks for the first hour and one standard drink for each hour after. For women it is one standard drink each hour.

However, this is only a guide. The body’s absorption of alcohol, and blood alcohol content is influenced by numerous factors.

A person’s blood alcohol content can be influenced by factors such as:

• body size
• whether food has been eaten or not
• percentage of body fat
• how fast an individual’s body processes alcohol
• gender
• how often alcohol is consumed.
• type of alcohol consumed (% al/vol).

Normal factors in the marine environment like the sun, wind, noise, vibration of the vessel and wave action can cause a kind of fatigue. These factors alone can reduce reaction times almost as much as being drunk. Adding consumption of alcohol or drugs to these factors intensifies their effects and multiplies the risk of an incident on the water.

The RST qualification does not currently include a demerit point system.

No.

A person who holds a recreational boating qualification issued by another state who is suspended or disqualified from operating a recreational vessel for drug or alcohol related offences, will be deemed to be ineligible to hold or obtain an RST in WA for the period of suspension or disqualification.

Yes.

The laws apply to all vessels, including commercial vessels and hire and drive vessels, regardless of whether an RST is required.

There are currently no plans for a marine alcohol or drug offence to result in disqualification of a driver’s licence.

It is an offence for a person who is disqualified to be operating a vessel for which a RST is required, even under another person’s supervision. 

This is the same situation as on the roads.

Yes, you can be tested at a boat ramp.

DoT and WA Police officers continue to use a coordinated approach to the enforcement of drug and alcohol laws on land and water.

The new on-water laws substantially reflect the laws on WA’s roads meaning that any officer can undertake testing on land or water, using the same equipment.

Under section 124FA(1) of the Western Australian Marine Act 1982, the Executive Director Maritime, as delegate of the Chief Executive Officer of the Department of Transport, has approved the following forms for use under the Western Australian Marine Act 1982 and the Western Australian Marine (Alcohol and Drug Testing) Regulations 2024.

Copies of the approved forms can be requested by emailing mspolicy@transport.wa.gov.au.