Interesting Drink-Drive case!

Tilt

http://www.iwcp.co.uk/news/news/hovercraft-pilot-in-court-over-drink-charge-62044.aspx

Idiophreak

What's interesting about it?

Tilt

Would you class piloting a hovercraft over water as "drink-driving" (in the motor vehicle sense)? Surely the RTA won't apply so why are they calling it drink-driving?

Rover_Driver

If, where he 'landed' at Ryde was considered to be a public place, then s.5 RTA 1988 could apply. A hovercraft is a motor vehicle for road traffic matters - s.188, RTA 1988.

Idiophreak

Tilt wrote: »

Would you class piloting a hovercraft over water as "drink-driving" (in the motor vehicle sense)? Surely the RTA won't apply so why are they calling it drink-driving?

Ah, so the interesting thing is that they said "drink-driving" rather than "drink-piloting". When you put it like that, it *is* fascinating...

Aretnap

Apart from the alcohol level, the prosecution would have to prove two things

(1) That it was a motor vehicle. Normally that means a mechanically propelled vehicle designed or adapted for use on a road, and my first thought was that a hovercraft probably isn't. But it seems that the RTA makes special provision for hovercraft (and there's a sentence I never expected to utter).
(2) That he was driving it in a public place. The dock may or may not be a public place, but I'd have thought that further out to sea certainly would be a public place - anyone can take a boat out into the channel.

So bizzare as it sounds, it seems that the Road Traffic Act probably does apply.

(Rover Driver got there first)

Bantex_2

UsernameAlreadyExists wrote: »

.. and indeed anyone do it p11sed as a fart, and with no licence or training whatsoever, and at any age ... the RTA doesn't apply to the sea.


The hovercraft slipway at Ryde is certainly not public.
https://www.google.co.uk/maps/@50.7329508,-1.1586817,156m/data=!3m1!1e3




I am somewhat intrigued what would happen if you beached a boat on a public slipway whilst under the influence. Is that "driving"?

There is no provision in teh RTA for boats, there is for hovercraft.

Aretnap

UsernameAlreadyExists wrote: »

.. and indeed anyone do it p11sed as a fart, and with no licence or training whatsoever, and at any age ... the RTA doesn't apply to the sea.

Doesn't it? Section 5 applies in any public place. Can you show me the where it says the sea can't be a public place?

The difference is that most boats are not motor vehicles within the meaning of the Road Traffic Act, but a hovercraft is. So you can sail or drive a motor boat as drunk as you like - but not a hovercraft apparently.

atrixblue.-MFR-.

could it actually be the reporter is thinking in terms of his offences as "driving" when the charges could be infact operating a motor propelled vehicle whilst under the influence in a public space?, because you do not drive a hovercraft you operate it. I think its a case of bad reporting in his terminology of the case.

Tilt

Bantex wrote: »

There is no provision in teh RTA for boats, there is for hovercraft.

To save me spending hours looking for it, can you provide a link that confirms this?

To be clear, the hovercraft in question COULD NOT POSSIBLY be "driven" on a public road as it is far too big (it's about 10 metres wide). There is NO unrestricted public access to the landing pad, it is a "controlled" area.

Another thought is that as the hovercraft is operated by a 'pilot', it could be considered to be an aircraft (as I believe there used to be) and we do hear of airline pilots being over the drink-drive limit while being in charge of an aircraft. BUT AFAIK, they aren't prosecuted for drink-driving under the RTA.

System

The Hovercraft (Application of Enactments) Order 1972 allows a hovercraft to be treated as a ship, aircraft or motor vehicle depending on where and what it is doing.

Take about catch all