s. 27 that that person intends to start or operate the vessel. (1A) For the purposes of an alleged offence against S. 27(1A) inserted by paragraph (e) or (f) of section 28(1) it must be No. 20/1993 presumed that the concentration of alcohol s. 4(1), amended by indicated by an analysis to be present in the breath No. 94/2003 of the person charged or found by an analyst to be ss 34(3), 35(1). present in the sample of blood taken from the person charged (as the case requires) was not due solely to the consumption of alcohol after being in charge of a vessel under way unless the contrary is proved by the person charged on the balance of probabilities by sworn evidence given by him or her which is corroborated by the material evidence of another person. (1AAA) A person is to be taken to be in charge of a vessel S. 27(1AAA) inserted by under way, if that person is accompanying a No. 23/2001 person who is in charge of the vessel, for the s. 18. purpose of enabling the person who is in charge of the vessel to comply with— (a) any condition of the person's licence; or (b) any requirement of regulations made under this Act— that the person be accompanied by a licensed operator while in charge of the vessel. (2) If a person who is convicted of an offence S. 27(2) substituted by against— No. 20/1993 s. 4(2). (a) any one of the paragraphs of section 28(1); or (b) section 31A(2) as in force from time to time— has at any time been found guilty or been convicted of— (c) an offence against the same or any other of those paragraphs or that section; or
that that person intends to start or operate the vessel. S. 27(1A) inserted by No. 20/1993 s. 4(1), amended by No. 94/2003 ss 34(3), 35(1). (1A) For the purposes of an alleged offence against paragraph (e) or (f) of section 28(1) it must be presumed that the concentration of alcohol indicated by an analysis to be present in the breath of the person charged or found by an analyst to be present in the sample of blood taken from the person charged (as the case requires) was not due solely to the consumption of alcohol after being in charge of a vessel under way unless the contrary is proved by the person charged on the balance of probabilities by sworn evidence given by him or her which is corroborated by the material evidence of another person. S. 27(1AAA) inserted by No. 23/2001 s. 18. (1AAA) A person is to be taken to be in charge of a vessel under way, if that person is accompanying a person who is in charge of the vessel, for the purpose of enabling the person who is in charge of the vessel to comply with— (a) any condition of the person's licence; or (b) any requirement of regulations made under this Act— that the person be accompanied by a licensed operator while in charge of the vessel. S. 27(2) substituted by No. 20/1993 s. 4(2). (2) If a person who is convicted of an offence against— (a) any one of the paragraphs of section 28(1); or (b) section 31A(2) as in force from time to time— s. 27 has at any time been found guilty or been convicted of— (c) an offence against the same or any other of those paragraphs or that section; or
88-52a080.docx