"We recognise government's concerns about large, fast, powered craft and personal watercraft. But for sailing craft, dinghies, narrowboats and smaller craft in general, unnecessary regulation will only damage recreation and tourism for no real public benefit, " he told BB.

"The government is aware of the concerns of industry and users and we look forward to discussing this further during the consultation period, " he added, highlighting widespread concern in the marine industry that increased regulation should not prevent the majority of people safely enjoying time out on the water, nor should it have a negative effect on the water based tourism industry.

Shipping minister David Jamieson launched the consultation at the beginning of April, in order to seek views from the industry and other interested parties on the introduction of an alcohol limit for recreational mariners.

The limit of 80 milligrams of alcohol in 100 millilitres of blood that Jamieson is proposing will be set at the same level as those for professional mariners and the same as limits governing drink driving on the UK's roads.

The testing regime will also be the same (the relevant provisions are to be found in Part 4 of the Railways and Transport Safety Act 2003 which received Royal Assent on 10 July 2003 (Chapter 20))*.

However, over the next four months leisure mariners are being given the opportunity to comment on who they think should be subject to these alcohol limits within the leisure boating industry.

"It's important that we focus on safety and I urge everyone who has an opinion to participate in the consultation, " said Jamieson. "It's your chance to have your say and make your voice heard."

It's important, he added, that we strike the right balance between the impact of the alcohol limit on those in charge of rowing boats, paddle boats and sailing dinghies as well as those in charge of very large recreational vessels, high powered motorboats and personal watercraft, or jet-skis.

The challenge is to make any exceptions easily understood by those who will be subject to the limits, as well as by those who enforce them.

"We promised to consult before taking these decisions and until this has been done the new limits will only apply to professional mariners, " Jamieson explained, noting that the government aims to have the necessary regulations in place for leisure mariners by the 2005 boating season.

When introduced, the limits will only apply to recreational mariners when their vessel is underway and then only to those who are navigating the vessel. The limits will not apply to passengers.

The consultation also seeks views on whether there are additional groups of marine officials who should be given the power to detain vessels pending the arrival of the police, if they have reason to suspect that an offence is being committed. These powers are already available to harbour masters and authorised officers of the Maritime and Coastguard Agency (MCA).

Police will be able to use the testing equipment and follow the same procedures as for roadside testing, but they will not be allowed to conduct random tests.

The relevant provisions are to be found in Part 4 of the Railways and Transport Safety Act 2003 which received Royal Assent on 10 July 2003 (Chapter 20). Police presence on the water is not as common as it is on the roads. That is why marine officials who are likely to be more experienced in recognising unsafe navigation have been given the power to detain a vessel if they reasonably suspect that an offence is being committed.

RYA says have your say In its response to the government's consultation, the RYA also highlighted the fact that, in the most extreme scenario, the new law would bring in the same alcohol limit we currently have on UK roads for all mariners, along with penalties for offenders could range from fines to up to two years in jail.

In a statement issued shortly after the DYI announced details of the consultation, the RYA commented that part of the act fortunately allows for further amendments to the legislation by the secretary of state, particularly to the types of recreational craft it will cover and the circumstances in which the craft is being used. The Department for Transport is inviting the views of leisure boaters as part of a consultation exercise on these areas of the legislation as an online form on their web site.

The RYA is recommending that all boaters should have their say on these areas of the legislation, as these are the parts that could potentially impact on responsible boaters.

For example, cruising boaters who like to have a glass of wine in the cockpit at the close of evening, but may need to move their boat to a different marina berth later, could find themselves on the wrong side of the law.

The RYA said it does not condone the excessive consumption of alcohol by the skipper of a boat whilst a vessel is underway, but does not believe it to be an issue that has led to a significant number of incidents.

Like most activities, there are a small minority who behave irresponsibly on the water and further legislation will not stop them, said the RYA. However, no evidence has been collated to support the claim that being under the influence of alcohol whilst skippering a recreational boat is a widespread problem.

As a responsible organisation, with a strong safety ethos, the RYA says were it to be shown a reliable body of evidence that showed drink driving to be a significant issue, it would support reasonable means to address the problem.

The RYA says it strongly believes that the education of boaters rather than government legislation is a more effective solution. An integral part of our training courses is emphasis on the duty of care of the skipper as the sole person in charge of the boat.

The RYA, in common with the BMF, recommends the law be limited to craft with a design speed over 17 knots, or those over 22m in length.

These are the boats that could cause injury in the wrong hands, they say.

Again in common with the BMF, The RYA is recommending that the law should only apply to harbour and beach areas, avoiding the absurdity of tests being applied to private boats in offshore waters.

* The consultation can be viewed at www.dft.gov.uk/stellent/groups/dft_shipping/documents/page/dft_shipping_ 028069.hcsp IWA calls for exemption The Inland Waterways Association (IWA) has called for the Secretary of State for Transport to exempt the vast majority of inland waterway users from some of the more draconian measures of the Rail-ways and Transport Safety Act 2003.

The association believes there need to be safeguards against irresponsible and drunken behaviour that might spoil the enjoyment, or threatening the safety, of waterway users, but that such measures need to be seen to be reasonable and not over-regulatory to the point where they would be widely disregarded.

Roger Squires, chairman of IWA's navigation committee, said, "IWA believes that some exceptions to the limits and testing regime for non-professional mariners are necessary to avoid the new legislation being unnecessarily burdensome and open to ridicule. Even where the crew of a vessel is excepted from the alcoholtesting regime, other safety provisions exist, since those navigating the vessel still commit an offence if their ability to navigate safely is impaired by drink or drugs."

IWA's, summarised the situation: "The rules for alcohol regulation on the inland waterways need to be seen as justified, fair and workable - and capable of being effectively policed, " said IWA national chairman John Fletcher. "There is no point in having rules that are unnecessary and unenforceable."