Losing Driver's Licence & Marine Licence

[oldboot]

Some of these issues we have had before.

We can not rely on finding everything in the QLD legeslation, because it is assumed that agreed national and international rules and standards apply even if they are not specificaly called.

As I understand it "in law" there are 4 main differing positions.

1. What it is wise to do to be immune from prosecution.

2. What a police officer or government official has the will and or the ability to prosecute in a given situation.

3. What a lawyer can manage to sucessfully argue in a court in relation to something prosecuted under the letter and intent of the law in a given situation.

4. What lawyer can manage to argue in a civil case where you are acted on by another party, where even if you win it could be very costly.

There is only 1 position that puts you in a position of strength in this matter, and that is not being intoxicated in the first place.

There are more than a few people who are cheerfull and vigorous consumers of alcahol, but they will neither consume nor have alcahol aboard their boats.

We have seen what happens when someone in power gets a bee in their bonnet over an issue, with the Navigation Lights Blitz of a while ago.
The water police wrote so many tickets their pens were running dry.

Imagine what would happen if someone got a bee in their bonnet over alchol and boats..... I recon the government could solve its debt crisis over a weekend and lots a blokes would be walking to work on Monday.

Non-compliance on soo many issues at a range of levels is indemic in recreational boating and everybody knows.......its like the recreational boating community is standing there bent over with its trousers down saying "spank me".

Some day, someone will and hard, all it will take, is someone close to a politician to get run down by a drunkard boatie and it will be on for young and old.

Meanwhile, get pissed and go boating, so many people seem to think it is a good idea.


cheers

[ozscott]

...

Meanwhile, get pissed and go boating, so many people seem to think it is a good idea.


cheers

I dont disagree with most of your post but as to this last bit I assume your acerbic comment at the end is aimed at others as opposed to anyone who has posted here. I dont see anyone on this thread advocating getting pissed while on a boat. It started with the question of loss of one affecting loss of another. Having said that knowing the position under the State Criminal law is a useful bit of info.

Cheers

[robsue]

bit of a different case, but i heard the ranger over straddie had his rod set, went back to his vechicle on the beach, opened a stubbie and along came a new copper to the island, breathtested him, couldnt get him there as it was his first beer, so booked him for drinking in a public place
who doesnt have a drink on the beach over the island while camping/fishing on the beach............

[TheRealAndy]

You wont get a clear answer from your mate Andy - its not capable of pigeon hole stuff...in comes down to an interpretation of "in charge of" the vessel. I'm a lawyer (albeit no crime any more) and Im not giving straight answers because it depends entirely on the interpretation of the facts which are usually different (even subtly in each case). I would be keen to hear what you mate says though assuming he practices in crime. I have made some enquiries about what the water police view is in QLD though which might provide some more general and practical guidance.

Cheers

Lol ozcott, you never get a clear answer from a lawyer! I have read a few first year law school books in an attempt to decide if I want to study law, so I kinda understand why. The books worked btw, doing my QTAC entry now!

Not really after a clear answer though, just after the relevent bits of legislation. All law is open to interpretation, and I guess until there is case law specific to the situation at hand one will never really have a better answer.

Anyhow, cant get hold of my mate, so tried another laywer friend, cant get hold of him either. I do have a contact for a guy at MSQ who I think is a lawyer, so will dig up his details and fire off the question.

[the baker]

Section 79 of the Transport Operations Act, it is all there and some common sense too.

http://www.legislation.qld.gov.au/LE...antOpRUA95.pdf

[ozscott]

Section 79 of the Transport Operations Act, it is all there and some common sense too.

http://www.legislation.qld.gov.au/LE...antOpRUA95.pdf

Mate I have referred to TORUM (the Act's acronym) as others have but the answer is not there - just part of the answer. Cheers

[oldboot]

I dont disagree with most of your post but as to this last bit I assume your acerbic comment at the end is aimed at others as opposed to anyone who has posted here. I dont see anyone on this thread advocating getting pissed while on a boat. It started with the question of loss of one affecting loss of another. Having said that knowing the position under the State Criminal law is a useful bit of info.

Cheers

Alas...... so few appreciate satire.

One thing I have learned in life......trouble and sorrow always accompanies alcahol......if you must indulge in alcahol....... best to do so at a time and in a place where you are able to cope with a little more trouble and sorrow.

cheers

[Pirate Pete]

no, no, it is NOT NSW, it is Australia/world wide, same is the lights and marker buoy system, I will dig out my text book and see if I can scan the page.

That is not entirely correct it is not the same worldwide, Australia operates in an IALA A Buoyage system which basically means Red (Can shape) to your port side when entering a harbour, however, IALA B (system used in Japan, America etc.) have a Green (Can shape) to port when entering a harbour.

Pete

[oldboot]

Yes it is the same world wide...almost the only difference is which direction of bouyage standard is chosen......both bouyage standards are specified in the international rules.... the rules do not change.

It is simply a matter of the bouage direction convention being entering or leaving port.

The bouyage convention has absolutely nothing to do with the concept of " being in charge of a vessel" and "being in a fit state to be in charge".....both are internationaly mandated...and very very long standing concepts.

the only difference is that in this country we have specified a specific level of intoxication by alcahol that someone is considered to be unfit at.

cheers