National Marine Law in relation to

intoxication
BEACH CONTROL REGULATIONS

8(1) No person shall drive a pleasure boat within the inshore waters of Seychelles whilst
he is under the influence of alcohol or a drug to such an extent as to be incapable of
having proper control of the motor boat.

(2) For the purpose of this regulation any person who is found to be in charge of a
pleasure boat the engine of which is running shall be deemed to be driving that pleasure
boat whether or not the boat is actually in motion.

(3) Any person who contravenes the provisions of sub- regulation (1) shall be guilty of
an offence.

PENALTY

21(1) Any person guilty of an offence under these regulations shall subject to
subregulation (3) be liable on conviction to imprisonment for a period not exceeding two
years or to a fine not exceeding R.5,000 or to both such imprisonment and fine.

(2) A court before whom a person is convicted of an offence under these Regulations
may, in addition to any penalty imposed under sub-regulation (1) of this Regulation,
cancel or suspend for such period as may be determined any licence to operate a boat or
a water sports activity under these or any other Regulations.

(3) The master or owner of any boat or craft moored or anchored other than to a
mooring buoy is guilty of an offence and shall be liable, on conviction, to a fine of R
10,000

MERCHANT SHIPPING ACT 2012

Discipline

152. (1) This section applies where a master or seaman

(a) does any act which causes, or is likely to cause

(i) the loss or destruction of, or serious damage to; or

(ii) the death of, or serious injury to, a person on board a ship;

(b) fails to do anything required to be done by him to preserve

(i) a ship from loss, destruction, or serious damage; or

(ii) any person on board the ship from death or serious injury.
 (2) Where the act, or failure to act by the master or seaman referred to in
subsection (1)

(a) is deliberate; or

(b) amounts to a breach or neglect of duty or disobedience to a

lawful command; or

(c) the master or seaman is under the influence of alcohol or a drug,

master or, as the case may be, the seaman is guilty of an offence.

156. It is a defence to a charge for and offence against section 152 if the person
charged proves that

(a) at the time of the alleged act or failure to act, he was under the
influence of a drug taken by him for medical purposes; and

(b) either

(i) he took a drug on medical advice and complied with any

directive given as part of that advice; or

(ii) he had no reason to believe that the drug might have the
influence it had

SECOND SCHEDULE
PENALTY

Section 152(2) R50,000 fine together with 9 years imprisonment (for 'master')