For immediate release

Government Must Close 'Drink and Boat' Loophole When Toughening Drink-Drive Laws

The Railways and Transport Safety Act became law on 10 July 2003 but the provision introducing alcohol limits for non-professional mariners was never brought into force.

The Government should move to close the two-decade-long loophole allowing non-professional mariners to navigate vessels under the influence of alcohol alongside proposed changes to tighten drink drive laws that were announced today (7 January 2026) for England and Wales.

The Railways and Transport Safety Act 2003 allows Ministers to place limits on the amount of alcohol that professional and non-professional mariners may have in their system whilst navigating a vessel in UK waters or on UK flagged ships. However the provisions relating to non-professional mariners was left out of the order and has not bee rectified for over two decades since. The same legislation sets limits for road users.

This anomaly has left harbour authorities without clear legal backing to deter or prosecute dangerous behaviour on the water. Evidence gathered by the Department for Transport, the Maritime and Coastguard Agency and the Marine Accident Investigation Branch has repeatedly highlighted the role of alcohol in serious marine incidents, including fatal accidents and near misses.

Drink driving was made illegal a century ago and it has now been 23 years since powers were introduced to ban recreational boaters from operating vessels whilst under the influence of alcohol. This just needs an  order from Ministers to bring existing provisions into force.

We have seen serious and fatal accidents on the water where alcohol has been a factor in recent years. Harbours should not have to wait for an accident to be able to take action against irresponsible users who put themselves and others at risk.

This change would not mean people could not enjoy a drink whilst on the water - although they should be responsible given the dangers - it's just the person navigating the vessel that would be subject to the law. It is not unreasonable to have a 'designated driver' on the water.

Richard Ballantyne, Chief Executive at the British Ports Association

The BPA has been calling for these changes for over two decades, working with partners such as the UK Harbour Masters Association to make the case for closing the loophole.