Current laws and regulation
The following links for laws and regulations which govern the Port of Jersey are taken from Jersey legal information board’s website.
Harbours (Administration) (Jersey) Law 1961 – revised 1 Jan 2024
Harbours (Inshore Safety) (Jersey) Regulations 2012 – revised 18 November 2024
Pilotage (Jersey) Law 2009 – revised 23 Nov 2023
Harbours (Jersey) Regulations, 1962 – revised 11 Jan 2024
Shipping (Jersey) Law 2002 – revised 11 Jan 2024
Shipping (MARPOL) (Jersey) Law 2002 – revised 11 January 2024
Harbours Inshore Safety Regulations
New offences and powers under the Harbours (Inshore Safety) Regulations 2012 came into force on 18 November 2025.
These regulations help to strengthen Jersey’s maritime laws, ensuring they are fit for purpose in protecting everyone who enjoys our waters while increasing the accountability of those who operate within them.
Is drink sailing a criminal offence?
No, operating a vessel under the influence of alcohol or drugs is not a standalone offence. However, it will be treated as an aggravating factor where a person operates a vessel dangerously or carelessly or causes death or serious injury by dangerous or careless operation.
What is the limit for sailing under the influence of alcohol?
The alcohol limit is:
- 35 micrograms of alcohol in 100 millilitres of breath; or
- 80 milligrams of alcohol per 100 millilitres of blood; or
- 107 milligrams of alcohol per 100 millilitres of urine
These limits apply when determining whether a person was under the influence at the time of an incident.
Who can require a breath test?
The Police and the Harbour Master have the authority to request a breath test.
Who can act as a Harbour Master?
Ports of Jersey have several duty officers which have been appointed as Acting Harbour Master (AHM) to carry out Harbour Master duties.
When can a breath test be required?
A Harbour Master or Police Officer may require a breath test in the following situations:
- Suspected Offence
If they have reasonable cause to suspect that a person:
- Is operating, attempting to operate, or in charge of a ship in Jersey’s territorial waters;
- Has alcohol in their body; and
- Has committed an offence under Regulation 9E, 9G, or 9I.
- After an Accident
If:
- An accident involving a ship occurs in territorial waters; and
- They reasonably believe the person was operating or in charge of the ship at the time.
Refusing to cooperate with a preliminary breath test is an offence.
My friend and I were out sailing. I oversaw the navigation, but while underway I let my friend steer the boat. Can both my friend and I be charged for sailing under the influence of alcohol as an aggravating factor?
Yes. As the master, you have the main responsibility for the navigation, and you must be able to perform your task in a fully safe manner. If you leave the helm to somebody else, you can also be charged for sailing a boat under the influence of alcohol though you have not taken physically part in the navigation of the ship because you are the person main responsible for the navigation.
The regulations apply to anyone sailing a ship or performing work on board in a position of considerable importance to safety.
I use a jet ski, am I exempt?
No. Every description of watercraft that is used, or is capable of being used, as a means of transportation on, in, or under water is subject to the same regulations. This includes Jet skis, paddleboards, and surf boards.
Does that mean I could be charged for swimming under the influence?
No. The regulations do not include swimmers and there is no offence for swimming under the influence. Ports of Jersey strongly recommend anyone wishing to swim in the sea to not do so after having consumed alcohol.
Does this mean I could be charged when anchored and had a few drinks the night before?
Yes. please keep in mind the need for the person operating/ in charge on the boat to be alert and clear-headed. You never know if you’ll have to make an emergency departure or deal with an unexpected situation, e.g. dragging anchor, drifting into danger.
What are the penalties for the new Alcohol and Drug related offences?
| Offence | Maximum Penalty |
| Careless operation of a ship when under influence of drink or drugs | Up to £10,000 fine and 2 years imprisonment |
| Causing serious injury by careless operation of a ship when under influence of drink or drugs | Up to £10,000 fine and 4 years imprisonment |
| Causing death by careless operation of a ship when under influence of drink or drugs | Up to £10,000 fine and 10 years imprisonment
|
Unserviceable or abandoned vessels and obstructions
Following completion of the process authorised under ‘Regulation 2 of the Harbours (Jersey) Regulations 1962’, the Harbour Master has agreed that unserviceable or abandoned vessels and obstructions left in our harbours and marinas can be offered to the public with bids to purchase or dismantle these vessels.