Boat Skippers Face Breath Tests in Jersey Waters

Jersey Introduces Breath Tests for Skippers Suspected of Careless Boating

People operating vessels in Jersey waters will now be required to take a breath test if suspected of careless or dangerous navigation, under new maritime safety rules approved by the States Assembly.

The updated harbour regulations aim to strengthen inshore safety and introduce penalties for individuals who cause harm within Jersey’s territorial waters. The legislation also creates aggravated offences for those found to be under the influence of drugs or alcohol while at the helm.

Under the new rules, both the Harbourmaster and police officers will have the authority to request a breath sample when a skipper is suspected of operating a vessel carelessly. However, the government has ruled out random breath testing.

Deputy Kirsten Morel, who introduced the changes, said the move was designed to ensure fairness while improving safety.

“This offence allows for breath testing based on suspicion of careless behaviour, without requiring evidence of injury or fatality,” he said.“The aim is to avoid penalising responsible operators. There is no consistent evidence of people dangerously operating vessels under the influence, so random testing would not be proportionate.”

The majority of States Members supported the reforms, describing them as a “measured approach”. The new rules mirror those used in other jurisdictions, including the UK and Guernsey, where breath testing is permitted only when there are reasonable grounds for suspicion.

To support enforcement, Ports of Jersey and the States of Jersey Police have signed a Memorandum of Understanding (MoU) to clarify their joint responsibilities during maritime investigations.

Deputy Morel said the agreement would “provide clarity on acceptable conduct at sea” and “promote greater accountability for all water users.”

Ports of Jersey has already purchased approved breathalyser devices — the Dräger Alcotest 7000 and 6820 — for future enforcement.

However, a scrutiny panel led by Deputy Montfort Tadier raised concerns about the legislation, arguing that key details about enforcement responsibilities remain unclear.

“We feel that the current MoU contains significant gaps, and despite several requests, these have yet to be addressed,” the panel said in its report.

The measures will come into effect following final approval and implementation by the relevant maritime authorities.