in relation to a vessel, includes vessel underway, S. 27(3) def. of any period when the vessel is being secured, vessel under way moored or retrieved from the water but does substituted as not include a vessel that is— def. of vessel underway by (a) at anchor; or No. 66/2012 s. 4(5)(b). (b) properly made fast to the shore or properly made fast at a registered mooring or at anchor at a registered mooring; or (c) aground; or (d) ashore. 28 Offences involving alcohol or other drugs (1) A person is guilty of an offence if— (a) the person operates a vessel or is the master S. 28(1)(a) amended by or pilot of a vessel underway or at anchor No. 65/2010 while under the influence of alcohol or any s. 379(1)(a), substituted by other drug to such an extent as to— No. 66/2012 s. 5(1). (i) in the case of a person operating a vessel, be incapable of having proper control of the vessel; or (ii) in the case of a master or pilot of a vessel, be incapable of directing the proper operation of the vessel; or (b) the person operates a vessel or is a master or S. 28(1)(b) amended by pilot of a vessel underway or at anchor while Nos 23/2001 the prescribed concentration of alcohol or s. 19(a), 94/2003 more than the prescribed concentration of s. 34(4), alcohol is present in his or her blood or 65/2010 s. 379(1)(a), breath; or 66/2012 s. 5(2). (ba) the person operates a vessel or is a master or S. 28(1)(ba) inserted by pilot of a vessel underway or at anchor while No. 66/2012 impaired by a drug; or s. 5(3).
S. 27(3) def. of vessel under way substituted as def. of vessel underway by No. 66/2012 s. 4(5)(b). vessel underway, in relation to a vessel, includes any period when the vessel is being secured, moored or retrieved from the water but does not include a vessel that is— (a) at anchor; or (b) properly made fast to the shore or properly made fast at a registered mooring or at anchor at a registered mooring; or (c) aground; or (d) ashore. 28 Offences involving alcohol or other drugs (1) A person is guilty of an offence if— S. 28(1)(a) amended by No. 65/2010 s. 379(1)(a), substituted by No. 66/2012 s. 5(1). (a) the person operates a vessel or is the master or pilot of a vessel underway or at anchor while under the influence of alcohol or any other drug to such an extent as to— (i) in the case of a person operating a vessel, be incapable of having proper control of the vessel; or (ii) in the case of a master or pilot of a vessel, be incapable of directing the proper operation of the vessel; or S. 28(1)(b) amended by Nos 23/2001 s. 19(a), 94/2003 s. 34(4), 65/2010 s. 379(1)(a), 66/2012 s. 5(2). (b) the person operates a vessel or is a master or pilot of a vessel underway or at anchor while the prescribed concentration of alcohol or more than the prescribed concentration of alcohol is present in his or her blood or breath; or S. 28(1)(ba) inserted by No. 66/2012 s. 5(3). (ba) the person operates a vessel or is a master or pilot of a vessel underway or at anchor while impaired by a drug; or
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