Maritime Transport Act 1994

Regulation of alcohol consumption by seafarers

40C: Contravention of specified breath or blood-alcohol limit

You could also call this:

"Drinking and working on a ship: know the alcohol limits"

If you are a seafarer, you commit an offence if you do certain safety jobs on a ship while you have too much alcohol in your body. You can be tested to see how much alcohol is in your breath or blood, and if it is too high, you can get in trouble. The test for your breath is done under section 40I, and the test for your blood is done under sections 40L or 40M.

If you have too much alcohol in your breath, it means you have more than 250 micrograms of alcohol per litre of breath. If you have too much alcohol in your blood, it means you have more than 50 milligrams of alcohol per 100 millilitres of blood. These tests help keep you and others safe while you are working on a ship.

If you are found guilty of having too much alcohol in your body while working on a ship, you could go to prison for up to 12 months or have to pay a fine of up to $10,000. This is a serious offence, and it is important to follow the rules to stay safe and avoid getting in trouble. You should be aware of the rules and the tests that can be done to check your alcohol levels.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on 25 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5689966.

40B: Seafarers not to exceed specified alcohol limits, or

"Seafarers must not work on ships if they have too much alcohol in their system."

40D: Failure or refusal to remain at specified place or to accompany enforcement officer, or

"Not staying or going with an officer when asked can be a serious offence"

Part 4ARegulation of alcohol consumption by seafarers

40CContravention of specified breath or blood-alcohol limit

A seafarer commits an offence if the seafarer performs, or attempts to perform, designated safety, security, or marine environmental duties while the proportion of alcohol in the seafarer’s breath, as ascertained by an evidential breath test subsequently undergone by the seafarer under section 40I, exceeds 250 micrograms of alcohol per litre of breath.
A seafarer commits an offence if the seafarer performs, or attempts to perform, designated safety, security, or marine environmental duties while the proportion of alcohol in the seafarer’s blood, as ascertained from an analysis of a blood specimen subsequently taken from the seafarer under section 40L or 40M, exceeds 50 milligrams of alcohol per 100 millilitres of blood.
If a seafarer is convicted of an offence against subsection (1) or (2), the maximum penalty is imprisonment for a term not exceeding 12 months or a fine not exceeding $10,000.

Compare

s 56

Notes

Section 40C: inserted, on 23 October 2013, by section 12 of the Maritime Transport Amendment Act 2013 (2013 No 84).