Navigation of vessel while BAC is 0.05 or above
75D Navigation of vessel while BAC is 0.05 or above
A person commits an offence if the person navigates, or attempts to operate, a vessel while the person’s BAC is 0.05 g or above.
If a person is convicted of an offence against subsection (1) —
the person is liable to a penalty of a fine of not less than the minimum fine or more than the maximum fine specified in the Table; and
a court sentencing the person must order that the person is disqualified from holding or obtaining a WA marine qualification for not less than the period of disqualification specified in the Table.
Table — Penalties and disqualification
BAC | First offence | Second offence | Third or subsequent offence | |
|---|---|---|---|---|
≥ 0.05 g but < 0.07 g | Min: Max: Disq: | $1 250 | $1 250 $2 000 6 months | $1 250 $2 000 8 months |
≥ 0.07 g | Min: Max: Disq: | $1 250 | $1 500 $2 000 8 months | $1 500 $2 000 10 months |
Note for this Table:
≥ signifies of or more than
< signifies less than
Disq signifies the minimum period of disqualification
Max signifies the maximum fine
Min signifies the minimum fine
In determining whether an offence against subsection (1) is a first, second or subsequent offence —
a previous offence against subsection (1) is to be taken into account regardless of the person’s BAC when committing the previous offence; and
a previous offence against a provision specified in the Table must be taken into account as if it were a previous offence against subsection (1).
Table — Offences
Section no. | Section heading |
|---|---|
s. 75C(1) | Navigation of vessel while under influence of alcohol or drugs |
s. 75CA(1) | Navigation of vessel while under influence of both alcohol and drugs |
s. 75DA(1) | Navigation of vessel while BAC is 0.08 or above |
s. 75DC(1) | Navigation of vessel while BAC is 0.05 or above and prescribed illicit drug present |
s. 75DD(1) | Navigation of vessel while BAC is 0.08 or above and prescribed illicit drug present |
s. 75HB(1) | Failure to comply with requirement: breath analysis, blood sample or stop vessel or navigate to specified place |
s. 75HC(1) | Failure to comply with requirement: incident occasioning death, grievous bodily harm or bodily harm |
s. 75HG(1) | Failure to comply with drug testing requirement: BAC of 0.05 or above |
s. 75HH(1) | Failure to comply with drug testing requirement: BAC of 0.08 or above |
s. 75HI(1) | Failure to comply with drug testing requirement: BAC of 0.15 or above |
[Section 75D inserted: No. 31 of 2023 s. 14(2).]
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