Drug and alcohol testing on Western Australian waters will be introduced in stages over the next year, according to a government media release.
The on-water drug and alcohol testing required amendments to the Western Australian Marine Act 1982 – and passing of new laws through WA Parliament – to allow implementation. The new laws will bring WA in line with most other states and territories across Australia, where on-water drug and alcohol testing is already carried out.
According to the WA Government, it will send a clear safety message to skippers and drivers of boats. It will also send a clear and consistent message to anyone who operates a vehicle or a boat in WA: If you take the risk, drug and alcohol testing will catch you.
New WA drug and alcohol testing laws
Under the new laws, skippers navigating a vessel will be subject to similar drug and alcohol limits and penalties as those in place for drivers on WA roads.
Department of Transport officers, supported by the WA Police Force, will have the ability to test skippers anywhere, at any time. If a positive drug and alcohol test is provided, officers will be able to prevent the vessel from being operated, removing a threat and improving water safety.
The first stage of the new laws includes offences to target unsafe operation of vessels. It will also include significantly increased penalties for skippers under the influence of drugs or alcohol.
Skippers who operate a vessel under the influence face a fine of up to $3,750 for a first offence. This increases to more than $7,500 and up to 18 months’ imprisonment for a third or subsequent offence. Those navigating while under the influence and causing death will face a maximum penalty of 20 years imprisonment and an unlimited fine.
As part of the staged implementation, new offences with prescribed limits for blood alcohol will follow next year. This will bring on-water drug and alcohol testing in WA in line with the rules on the road.
Evidence behind drug and alcohol testing implementation
According to the WA Government, a special working group reviewed local incident statistics, data-based evidence from states where marine drug and alcohol testing is already in place and local research before making the decision. They say there is also a strong community expectation that Government has a role to play in reducing the use of drugs and alcohol while boating.
The working group’s research found the use of drugs and alcohol could have been a contributing factor in many of the 88 deaths, 66 serious injuries and 167 hospital admissions reported in WA marine incidents between July 2011 and February 2022.
According to two WA ministers, the new laws will improve safety on WA’s waterways.
“While the majority of skippers are responsible on the water, this approach allows officers to test a skipper for drugs or alcohol and act to improve safety,” says Minister Assisting the Transport Minister David Michael.
While Police Minister Paul Papalia says, “The changes send a consistent message that driving under the influence of drugs or alcohol is not tolerated on the State’s roads or waterways.”
FEATURED IMAGE CAPTION:
On WA roads – and soon on WA’s waterways – police can catch you anywhere at any time with drug and alcohol testing. Credit Chris King https://unsplash.com/photos/six-blue-and-white-boats-on-body-of-water-during-daytime-AOy0hibZK0w
