The Marine Casualty Investigation Board (MCIB) examines and investigates all types of marine casualties to, or onboard, Irish registered vessels worldwide and other vessels in Irish territorial waters and inland waterways. The Marine Casualty Investigation Board (MCIB) has made a number of Safety Recommendations addressed to the Minister for Transport and the vessel Owner to avoid similar marine casualties in the future.

P.11 2.3.10 Regulations 8 and 9 of the Pleasure Craft (Personal Flotation Devices and Operation) (Safety) Regulations 2005 S.I. No. 921 of 2005, as amended, set out the law regarding the consumption of alcohol or drugs while onboard a pleasure craft, including prohibitions on operating a pleasure craft while under the influence.

2.3.11 The CoP Section 1.2.6 outlines controls on alcohol and drugs and includes “Any person on board a pleasure craft must not consume alcohol or drugs or any combination of 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”.

2.3.12 Failure to comply with any of the Regulations can result in a fixed payment of €150 issued by an authorised officer7 and/or prosecution proceedings which, on summary conviction, can lead to a fine of up to €5,000.

2.3.13 Sections 28 to 30 of the Maritime Safety Act 2005 (No. 11 of 2005) 8 contain a range of provisions relating to the prohibition on operating or being onboard a vessel in Irish waters while under the influence of alcohol or drugs, and the associated penalties. These include the following prohibitions:
• A person in command or in charge or another member of the crew of a vessel in Irish waters (or an Irish ship in waters anywhere) must not operate or control or attempt to operate or control the vessel or carry out any task or duty in relation to the operation or control of the vessel while he or she is under the influence of alcohol or a drug or any combination of drugs, or drugs and alcohol to such an extent as to be incapable of properly controlling or operating the vessel or carrying out the task or duty (Section 28).
• A person onboard a vessel in Irish waters (or an Irish ship in waters anywhere) must not consume alcohol or take a drug or any combination of drugs or drugs and alcohol while onboard the vessel in circumstances which could affect the safety of persons or create a disturbance or serious nuisance onboard the vessel or affect the safety of other persons using Irish waters or constitute a nuisance to such persons (Section 30).
• Failure to comply with the above requirements is an offence and the person is liable on summary conviction to a fine not exceeding €5,000 or to imprisonment for a term not exceeding three months or both.
• If a person in command or in charge or another member of the crew of a vessel is, while on duty, under the influence of alcohol or a drug or any combination of drugs or drugs and alcohol to such an extent that his or her ability to discharge his or her duties is impaired, he or she commits an offence and is liable on summary conviction to a fine not exceeding €5,000 (Section 29)...