Coroner calls for boat law to deter drunk sailing

Laura Hodgetts

A coroner has raised concerns about the lack of legislation prohibiting the use of alcohol or drugs by those helming a vessel for private or pleasure use, following the death of a boat passenger in Poole Harbour.

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Senior Coroner for Dorset, Rachael Griffin has sent a ‘Prevention of Future Deaths’ Report to the Secretary of State for Transport and Royal Yachting Association (RYA) chief executive about concerns raised by the inquest of David John Haw.

The 24-year-old, drowned due to ‘unlawful killing’ when he was thrown from a rigid-hulled inflatable boat (RHIB) that collided with a buoy in Poole Harbour on 2 May 2022. The helmsman Morgan Smith ‘was under the influence of alcohol.’

RHIB Fargo left Poole Yacht Club following a Poole Regatta prize-giving event just after midnight, dropped off three other passengers at Poole Quay Boat Haven, then set off again at 0015 with Mr Haw sat in the bow area.

Three minutes later, travelling at 30 knots – three times the harbour speed limit – Fargo collided with the Diver Buoy. Mr Haw’s body was recovered on 14 May 2022, around 100m from the buoy.

Smith was sentenced to three years’ imprisonment at Winchester Crown Court on 21 November 2023, for gross negligence manslaughter, after failing to ensure the safety of those aboard his vessel.

Mrs Griffin’s report, issued on 20 December 2024, states that there was no pilotage plan, safety briefing or offer to passengers to use lifejackets.

Smith was using a navigation app on a phone which would negatively impact night vision.

Similar risks

The report highlights the disparity of safety mitigations between commercial and recreational craft, despite them “being used in a manner, and in conditions, that would be very similar.”

Mrs Griffin warns: “It is not illegal to helm a pleasure vessel under the influence of alcohol or drugs” which “could lead to a future death” given their “impact upon perception, control, judgement and decision making”.

She highlights that lifejackets or buoyancy aids are not legally required to be carried, or worn, on vessels under 13.7m long.

The report also raises concerns about the use of support boats, at sailing events or regattas, outside of the designated sailing time but in a way linked to the event, for example to transport people to and from the organised social events linked to the regattas, where often there is alcohol available.

Mrs Griffon said: “There is a culture of using such support boats as a form of taxi particularly at the social events, albeit not for pecuniary gain. This means they could come under the definition of a pleasure vessel and as those helming these vessels may be in drink, they may not take necessary precautions and safety measures given the lack of regulations.”

The RYA confirmed they would respond to the coroner by the 14 February deadline.

A Department for Transport (DfT) spokesperson said: “Our thoughts are with the family and friends of David Haw. We are considering the concerns raised by the coroner.

  • The maritime environment is extremely dangerous and drinking alcohol, or taking drugs, while in charge of a boat is completely irresponsible.
  • It is an offence for recreational mariners to cause loss, damage or injury through use of a powered watercraft while under the influence of alcohol or drugs.
  • Recreational mariners may also be prosecuted under local laws if these are in place.
  • We will continue to work with sector organisations to raise awareness and ensure public understanding of the risks.”
Couple of cyclists watching a boat sailing on the sea. Credit: blickwinkel/Alamy

The UKHMA and others believe anyone helming a leisure craft should have to adhere to the same national alcohol limits as commercial seafarers and cyclists. Credit: blickwinkel/Alamy

Avoidable fatalities

Members of the UK Harbour Masters Association (UKHMA) have long had serious concerns about the disparity of safety regulations between leisure craft and commercial vessels.

UKHMA executive officer, Captain Martin Willis, said: “At present there are no legislative or regulatory requirements for owners or users of under 13m non-commercial craft in the UK.

“The concerns and deficiencies highlighted in the coroners report refer to the lack of safety standards applied to those taking part in leisure craft activities whilst afloat. Whilst there are many good examples of best practice, voluntary training and Harbour Authority guidance for safe operations, culture and education can only benefit those who wish to find this information and who wish to adopt it whilst not mandatory.

“While the UK’s Statutory Harbour Authorities are obligated to regulate and apply Safety Management Systems and safe operating directions for all marine activities within their statutory Harbour Limits, this can only be achieved through limited powers, such as making Harbour bylaws and General Directions.

“Harbour byelaws can only be made by any authority that have the powers to do so, byelaws must be within the scope of the harbour authority’s byelaw-making powers. They are used to regulate activities in the harbour, reflecting local circumstances and enabling the operation of the harbour to be conducted efficiently and safely.

“Byelaw-making powers go beyond simple management to include a power to create criminal offences for breach of the bye-laws punishable on conviction in the courts by fines, with this in mind a bylaw can only be made if the underpinning laws and legislation exist as applicable.

“Harbour authorities are required to consult users before advertising draft byelaws and byelaws must be confirmed by the relevant Minister.

“Proposed new bylaws are often blocked by significant interest groups in regard to leisure craft activities, even when potential personal injury or a risk to life is assessed to be a possible outcome.

The UK Harbour Masters Association along with the UK Ports Trade Associations such as the British Ports Association and UK Major Ports Group have for many years been lobbying for the national alcohol limits applicable to road users and commercial seafarers amongst others to be applied to those in command or control of leisure craft of any size in UK waters.

“This sensible and reasonable lobbying for safe legislation to be made has consistently met with significant opposition from powerful organisations of interest, blocking the introduction of improved safety standards for all water users where ever in the UK.

“It is not possible for UK Statutory Harbour Authorities to legislate or regulate the non-commercial leisure craft sector without the underpinning legislation to be in place.

“It is therefore for the UK Government and its executive maritime agencies such as the DfT and the Maritime and Coastguard Agency to create the required legislation, policy, standards and regulatory enforcement where required to improve operational safety within the under 13m non-commercial craft sector.

“The UK’s Ports and Harbours associations shall continue to lobby the Government regarding introducing the required legislation to improve what is a tragic and reoccurring record of avoidable incidents and fatalities.”

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Drunk sailing ‘impairs judgment’

A Royal National Lifeboat Institution (RNLI) spokesperson said: “This was a tragic incident and the RNLI offers its sincere condolences to those involved. It is well documented that alcohol impairs judgement and reduces reaction time, so the RNLI would encourage anyone going afloat to avoid alcohol.

“We also remind those who enjoy boating and sailing to wear an appropriate floatation device whilst afloat, and to always carry a means of calling for help in case of emergency.”

A National Water Safety Forum spokesperson added: “The National Water Safety Forum extends its sincere condolences to those involved in this tragic incident.

“We strongly advocate that anyone taking part in boating, sailing or any other water-based activity follows recommended water safety advice; this includes wearing the appropriate floatation device and avoiding the consumption of alcohol.

“The use of alcohol or other substances affects judgment and reaction time, meaning it increases the chance of someone entering the water unexpectedly, and decreases the chance of surviving an incident when it does happen. We encourage everyone spending time on or near water to do so safely.

“If you see people in trouble in the water, call 999, tell the person to float on their back, and throw them something that floats to help them until help arrives.”

Read the Coroner’s ‘Prevention of Future Deaths’ Report in full at: www.judiciary.uk/prevention-of-future-death-reports/david-haw-prevention-of-future-deaths-report/