Marine Safety Act 1998 No 121
Current version for 1 December 2014 to date (accessed 19 December 2014 at 11:35)
Part 3Division 1

Division 1 Interpretation

20   Definitions

(1)  In this Part and in Schedule 1:

breath analysing instrument has the same meaning as in the Road Transport Act 2013.

breath test has the same meaning as in the Road Transport Act 2013.

drug has the same meaning as it has in the Road Transport Act 2013.

juvenile means a person who is not more than 16 years of age.

major offence means:

(a)  the crime of murder or manslaughter or an offence against section 33, 35, 53 or 54 or any other provision of the Crimes Act 1900, being a crime or offence by which the death of or bodily harm to another person was caused by or arose out of the operation of a vessel, or
(b)  an offence against this Part.

operate a vessel includes:

(a)  being towed by a vessel, whether on a water ski, aquaplane, paraflying device or other device, or
(b)  act as observer on a vessel, for safety purposes, of any person being towed by the vessel, or
(c)  supervise a juvenile operator of a motor vessel.

(2)  A reference in this Part to a major offence includes a reference to any such offence committed before the commencement of this Part.
Note. A reference to a major offence includes an offence against Part 2 of the Marine (Boating Safety—Alcohol and Drugs) Act 1991 committed before the repeal of that Act by this Act (see clause 3 of Schedule 4).
(3)  An offence against a provision of this Part or Schedule 1 is a second or subsequent offence only if, within the period of 5 years immediately before a person is convicted of the offence, the person was convicted of another offence against the same provision or of a major offence.
(4)  An offence against a provision of this Part or Schedule 1 is a first offence if it is not a second or subsequent offence.

21   Application of Part and Schedule 1

(1)  This Part and Schedule 1 apply to all vessels. However, this Part and Schedule 1 do not apply to a surfboard or similar device used by a swimmer or surfer to support the swimmer or surfer in the water (other than a sailboard or a device being towed by a vessel).
(2)  This Part and Schedule 1 apply to a vessel only while the vessel is underway.
(3)  This Part and Schedule 1 apply to all waters, whether or not they are navigable waters.

22   Prescribed concentrations of alcohol

In this Part and in Schedule 1:
(a)  youth range prescribed concentration of alcohol means a concentration of more than zero grammes, but less than 0.02 grammes, of alcohol in 210 litres of breath or 100 millilitres of blood, and
(b)  special range prescribed concentration of alcohol means a concentration of 0.02 grammes or more, but less than 0.05 grammes, of alcohol in 210 litres of breath or 100 millilitres of blood, and
(c)  low range prescribed concentration of alcohol means a concentration of 0.05 grammes or more, but less than 0.08 grammes, of alcohol in 210 litres of breath or 100 millilitres of blood, and
(d)  middle range prescribed concentration of alcohol means a concentration of 0.08 grammes or more, but less than 0.15 grammes, of alcohol in 210 litres of breath or 100 millilitres of blood, and
(e)  high range prescribed concentration of alcohol means a concentration of 0.15 grammes or more of alcohol in 210 litres of breath or 100 millilitres of blood.

23   Measurement of alcohol concentrations

(1)  For the purposes of this Part and Schedule 1, the concentration of alcohol present in a person’s breath or blood may be expressed as follows:
(a)  in the case of a sample of breath that is measured by a breath analysing instrument or other breath testing device that provides a reading or result by reference to alcohol present in the breath—the amount of alcohol in grammes in 210 litres of breath,
(b)  in the case of a sample of breath that is measured by a breath analysing instrument or other breath testing device that provides a reading or result by reference to alcohol present in the blood—the amount of alcohol in grammes in 100 millilitres of blood,
(c)  in the case of a sample of blood—the amount of alcohol in grammes in 100 millilitres of blood.
(2)  An amount of alcohol in grammes present in breath when measured by reference to 210 litres of breath is equivalent to the same amount of alcohol in grammes present in blood when measured by reference to 100 millilitres of blood.
(3)  Accordingly, any offence under this Part relating to the presence of a specified concentration of alcohol in a person’s breath or blood at the time of the occurrence of a particular event is a single offence regardless of whether the concentration of alcohol concerned is measured by reference to the amount of alcohol present in breath or in blood (or both).
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