What is the legal blood alcohol limit for operating a pwc by a person over 18 years of age?

Carrying the right safety equipment and knowing how to use it is essential.

Table of Contents Show

Life jackets
Current weather forecasts
Marine warnings
Trip preparation
Alcohol rules
What Is A Vessel?
What Is Operating A Vessel?
Will I Get A Criminal Record if I’m found guilty of Operating a Boat Under the Influence?
Operating a Boat Under the Influence:
Novice Range PCA
Operating a Boat Under the Influence:
Special Range PCA
Operating a Boat Under the Influence:
Low Range PCA
Operating a Boat Under the Influence:
Mid Range PCA
High Range PCA
Operating A Boat Under The Influence

Safety equipment requirements depend on the size of the ship, whether it requires registration and the areas of operation.

Life jackets

All boats must have life jackets or personal floatation devices for all passengers and crew.

You must wear a life jacket:

when crossing a coastal bar in an open boat less than 4.8m in length or
if you are under the age of 12 in a moving, open boat less than 4.8m in length.

Read more about life jacket types and requirements.

Weather

Always check the weather forecast before and during any trip on the water.

Maritime Safety Queensland's weather service provides weather information from the Bureau of Meteorology (BOM) for the cost of a local phone call.

Current weather forecasts

Visit BOM for weather updates. Alternatively call: All of Queensland—13 00 36 04 26 Marine warnings—13 00 36 04 27

South-east Queensland—13 00 36 04 28

Weather information is also regularly broadcast on VHF radio Channel 67 by local volunteer marine organisations.

Marine warnings

Maritime Safety Queensland circulates safety information detailing:

navigation warnings and hazards
changes to the uniform buoy age system
navigation depths.

Check current marine warnings by location online or call 13 00 36 04 27.

Trip preparation

Complete a trip preparation checklist to minimise the risks of injury on your next trip.

Alcohol rules

Drink-driving laws also apply to boats. The blood alcohol limit depends on the boat's use.

For recreational ships, the limit is 0.05.

For commercial ships, the limit is zero.

Note that:

These limits apply unless the boat is securely moored in a marina, to a jetty or wharf or on a swing mooring
If you are convicted of a drink-driving offence on the road, your marine licence can also be suspended or cancelled.

Gas safety

If you have gas appliances on-board, make sure you read about the safe use of gas appliances and cylinders.

You should have a fire extinguisher close-by and:

check appliances frequently for signs of leaks and wear
have any repairs or alterations done by a licensed gas installer
always follow the manufacturer’s instructions
never use a portable or unflued appliance in an unventilated space.

If you smell a gas odour, stay calm and:

ventilate the area
do not use lighters or matches
do not turn electrical appliances or lights on or off
turn your gas appliances off; if the gas is still leaking, call your gas distributor.

Last updated: 10 July 2018

Operating a boat under the influence of alcohol is a very serious offence under the Marine Safety Act 1998. As with driving a car, there are legal limits on the amount of alcohol that can be in a person’s system when operating a boat. The limit varies depending on the person’s age and whether the boat is being used for private or commercial use.

What Is A Vessel?

The law gives a very broad definition of the word ‘vessel’. It includes watercraft of any description that can be used as a means of transportation.

There are some craft that are excluded from the definition of a vessel. These include pontoons, airdocks, floating docks, any apparatus used as an accessory in surfing or bathing, or any apparatus used as flotation equipment by a person being towed in a vessel (not including kiteboards and sailboards).

What Is Operating A Vessel?

The definition of “operating a vessel” for the drink driving law is also very broad. It includes:

Determining or exercising control over the course or direction of the vessel (even if the vessel isn’t actually underway)
Determining or exercising control over the means of propulsion of the vessel (even if the vessel isn’t actually underway)
Piloting the vessel
If you are the owner, allowing or causing someone else to operate the vessel
Being towed on a vessel (for example while on water skis)
Being the observer on a vessel, for safety purposes, of any person being towed by the vessel.
Supervising a juvenile operator of a motor vessel.

Will I Get A Criminal Record if I’m found guilty of Operating a Boat Under the Influence?

Yes, operating a boat under the influence and boating PCA are serious offences. The starting point for the sentencing court is the recording of a criminal conviction, together with the imposition of a fine and disqualification of one’s boating licence.

In more serious cases the court can impose community service and even imprisonment.

Operating a Boat Under the Influence:

Novice Range PCA

All people who are under the age of 18 years must have a blood alcohol concentration of 0.00 when operating a vessel in any waters.

The offence of novice range PCA is committed by a person who is under the age of 18 years old and operates a vessel in any waters with a blood alcohol concentration from 0.00 to 0.019.

If a person who is under the age of 18 years operates a vessel with a blood alcohol concentration that is higher than 0.019, will be charged with the offence corresponding to the higher reading.

Operating a Boat Under the Influence:

Special Range PCA

The special range PCA offence applies to a blood alcohol concentration of 0.02 to 0.049. The offence can be committed by:

Operators of vessels for commercial purposes. These people must have a blood alcohol concentration of less than 0.02.
People who are under 18 years old. These people must have a blood alcohol concentration of 0.00.

If a person who is subject to the special range limits operates a vessel with a blood alcohol concentration that is higher than 0.049, they will be charged with the offence corresponding to the higher reading.

Operating a Boat Under the Influence:

Low Range PCA

The offence of low range PCA is committed by a person who operates a vessel in any waters with a blood alcohol concentration from 0.05 to 0.079.

Operating a Boat Under the Influence:

Mid Range PCA

The offence of mid-range PCA is committed by a person who operates a vessel in any waters with a blood alcohol concentration from 0.080 to 0.149.

High Range PCA

The offence of high range PCA is committed by a person who operates a vessel in any waters with a blood alcohol concentration of 0.150 or higher.

Operating A Boat Under The Influence

A person must not operate a vessel in any waters while they are under the influence of alcohol. This offence occurs when a person is noticeably affected by alcohol while operating a vessel such that they are incapable of having proper control of the vehicle. Unlike the PCA offences, for a charge of driving under the influence, the person’s blood alcohol concentration does not matter.

It is also an offence for the master of a vessel to permit a person who is under the influence of alcohol to operate the vessel in any waters. To be guilty of the offence the master must be aware, or have reasonable cause to believe, that the person is under the influence of alcohol.

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.

How many times have you heard someone say “My mate got done DUI on the weekend.”?

To be accurate, the term should actually be PCA an not DUI. PCA stands for Prescribed Content of Alcohol and relates to an offence which normally involves being breath tested out in the field and then being subjected to a test on a Breath Anaysis (BAS) machine. The BAS machine is highly accurate with a few redundancies built in so your reading is actually slightly lower than your actual blood alcohol level.

I always say there is a time and place for everything. When it comes to alcohol, that time and place is when you are finished up for the day and off the water.

NSW

Did you know that in NSW, the Driver/Master of the vessel as well as the Observer and any person being towed can all be subjected to a breath test? Yep, that is the Driver, Observer and the Skier or Aquaplaner can all be breath tested. Why? The Driver obviously has control of the vessel but the Observer and person being towed are deemed to also have some sort of control over the vessel in that they can instruct or ask the Driver to speed up, slow down, alter course and the like.

NSW Police Officers have the power to subject any of these persons to a breath test at any time.

The legal blood alcohol limits in NSW are –

Over 18 years of age – 0.05 grams of alcohol in 100 ml of blood or 0.05 grams of alcohol in 210 litres of exhaled air. So in short 0.05.

Under the age of 18 years – 0.00

Victoria

Vic Police Officers have the power to subject the Driver, Observer and anyone being towed to a random breath test at any time.

Whilst the actual limits of 0.05 and 0.00 are the same in Victoria, there are significant differences in the ages associated with these limits.

The legal blood alcohol limits in Victoria are –

Over the age of 21 – 0.05

Under the age of 21 – 0.00

Another very common question is, “Will I lose my car licence as well if I lose my boat licence for a drug or alcohol related offence?”

At the time of writing the answer is no in NSW. I will have to do some research in relation to other states. I believe it is only a matter of time before your car and boat licence are fully combined in NSW.

There always seems to be some relief when I tell people this which indicates that the consumption of alcohol on the water is still prevalent. Just remember, the driver, observer and person being towed are all obliged to stay under the legal limit. If you are charged with and found guilty of an alcohol or drug related offence, you will end up with an entry on your criminal record. If you are planning of going overseas to say America or Canada you will not get a Visa and will not be allowed into the country. You may find it difficult to gain employment. You will lose your boat licence for a considerable amount of time as well as incurring a heavy fine at the very least. In the event of an accident, your insurance will be null and void if alcohol was involved.

I love a beer as much as anyone else but as I mentioned, there is a time and place for everything and on the water is no longer a place for alcohol consumption.