It is possible to commit what is (somewhat misleadingly) called “drink-driving” offences in a variety of ways. For example, it is possible to be convicted for driving with alcohol in your system, or while trying to get your car started, or while merely “in charge” of your car. Similarly, it is possible to commit “drink-driving” offences on other types of transport such as horses, bicycles, trains, trams, Lime scooters, and boats.
When a person commits a drink-driving offence while driving a “motor vehicle”, Queensland’s traffic legislation dictates to the court for how long the person must be disqualified from driving. The legislation states that both low-range (ie, 0.05 – 0.99 BAC) and mid-range (0.10 – 0.14 BAC) drink-driving offences have minimum and maximum periods of disqualification. The court must take away that person’s licence for a period somewhere between the minimum and maximum. High-range drink-driving offences (0.15 BAC and above) only have minimum periods of disqualification. The court cannot override these periods dictated by the legislation.
Furthermore, the period of disqualification must commence from the date of conviction. The court cannot “back date” the period of disqualification to the date of the offence, nor set the date of disqualification to a future date.
However, as stated, these mandatory periods of disqualification from driving only apply to offences committed “in relation to a motor vehicle”. Here is where it gets technical. The transport legislation gives certain words and phrases used in the legislation specific definitions. These definitions do not necessarily conform to the ordinary meaning of these words and phrases.
What about Boats and Other Watercraft?
A “motor vehicle” is defined as “a vehicle propelled by a motor that forms part of the vehicle and includes a trailer attached to the vehicle …” A “vehicle” includes “any type of transport that moves on wheels and a hovercraft but does not include a train or tram”. It is clear from this definition that boats, and other watercraft, are not covered by the definition of a “motor vehicle”.
Therefore, the mandatory periods of licence disqualification do not apply to offences committed on boats.
However, the legislation that deals with marine licences does give the court power to disqualify a person’s “licence” for any drink-driving offence committed that involved the use of a “ship”. It is important to note that the “licence” that is subject to the disqualification is the person’s marine licence, not their drivers licence.
The definition of “ship” is unusually expansive and includes “any kind of boat or vessel used, or intended to be used, in navigation by water or for any other purpose on water”. It also includes “a boat or vessel – whatever its size; and however it is propelled or moved; and whether it is on land or in water”. A recreational boat clearly falls within this technical definition of “ship” used for the purposes of the licencing legislation.
Unlike “motor vehicle” offences, the court’s power to disqualify is discretionary: it is not required to take away the person’s licence. If the court does choose to disqualify the person’s licence, it may decide how long the disqualification is for, and when the disqualification is to start. In deciding whether to disqualify the person’s marine licence, the court must be satisfied that doing so is “in the interests of marine safety”.
Should the Court decide that the interests of marine safety are served by imposing disqualifying the person’s marine licence, the court must make the disqualification having regard to “the nature of the offence; the circumstances in which the offence was committed; and the real or potential danger to other persons operating or aboard ships and the public generally;” and whether the person committed any drink-driving offences on a “ship” in the last 5 years.
Marine Safety Queensland may Suspend or Cancel Marine Licences Anyway
Nevertheless, even if the court does not disqualify the person’s licence, Marine Safety Queensland may suspend or cancel the person’s marine licence on conviction of a drink-driving offence involving a boat or ship. In this case, the person must be given notice and is permitted to make written reply to the proposed suspension or cancellation explaining why their marine licence should not be cancelled or suspended.
Once disqualified, the person must surrender their marine licence or marine licence indicator within 7 days of receiving formal notice that they have been so disqualified. This applies to both court-ordered disqualifications and to suspensions or cancellations by Marine Safety Queensland.
“Work” Marine Licences are Available
If the person convicted requires their marine licence for work purposes, it is possible to apply for a restricted marine licence. Applications for restricted marine licences are heard and dealt with similarly to “work licence” applications for drivers licences.
If the application is granted, the person will be issued with a restricted marine licence that limits the person’s operation of boats, etc to their means of earning a living, the times that they may operate, and the waters in which they may sail.
Conclusion
In short, if a person is convicted of a “drink-driving” offence while operating a boat, ship, or other watercraft, the court can only disqualify the person’s marine licence, and not their drivers licence. The court is not compelled to disqualify the person’s marine licence but, if it does, may decide how long to disqualify for and when the disqualification is to start.
A Word of Warning
In practice, few people are charged with drink-driving offences involving boats, ships or other marine vessels. It is more common for police to intercept people when they are at the boat ramp, hitching the boat to their car’s trailer, or towing the boat out of the water. In these circumstances, the police will invariably charge the person with a drink-driving involving a motor vehicle, rather than involving a boat (even if the person had a prohibited concentration of blood alcohol at the time they drove the boat). This is usually because the person was either driving the motor vehicle (to put it up to the boat ramp, etc) or “in charge” of the motor vehicle (in order to attach the boat to the trailer).
In cases such as these, convictions will result in mandatory periods of disqualification of the persons drivers licence.
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Need more information?
We have a range of articles on drink driving on our traffic law blog. Some of the most recent have included:
