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With the adoption of a government amendment by the French Senate, the French rules on alcohol on board have been extended. This time, the rules no longer apply solely to driving or watch positions, but to all on-board personnel carrying out a professional activity.
An extension beyond the driver's cab
Until now, the Transport Code has focused on functions directly linked to the nautical safety of the vessel. Blood-alcohol tests mainly concerned captains, watchkeeping officers, chief engineers, watchkeepers and marine pilots. The new text radically changes this logic. From now on, any person carrying out a professional activity on board a ship is potentially covered by the system. This includes salaried seafarers, but also certain technical personnel or service providers present on board.
For shipowners, this evolution changes the day-to-day management of crews. Obligations are no longer limited to navigation bridges or machinery. They concern the entire human chain on board. And on a modern vessel, this chain is becoming increasingly complex. Between hotel staff, offshore technicians, maintenance teams, specialized subcontractors and seasonal sailors, operational boundaries are less clear-cut than they used to be.
A response to the densification of maritime traffic
This reform comes at a time of great pressure on coastal maritime areas. Navigation zones are now home to cargo ships, ferries, service vessels, offshore units, commercial fishing, yachting and tourist activities. In several areas of the French coastline, CROSS units are seeing a steady increase in the number of incidents involving risky behavior, particularly during the summer months. Collisions, groundings and maneuvering accidents often involve human factors.
The government's aim is to bring the maritime sector into line with standards already applied in other transport sectors. The civil aviation, rail and road transport sectors have long had extensive provisions concerning blood alcohol levels in the workplace.
At sea, the issue remains more delicate. Crews live and work in the same space, sometimes for weeks at a time. On some ships, the boundary between duty time and rest time is not always easy to define. For shipping companies, this evolution also implies a review of internal procedures. Controls, prevention, onboard management training and command responsibility will all have to be clarified.
Boaters still missing out
The Senate debate also brought another sensitive issue to the fore: pleasure boating. After several recent accidents on the French coast, several elected representatives wanted to broaden the discussions to include recreational sailors. But the text adopted remains focused on on-board professionals.
However, cohabitation can sometimes be tricky in certain popular areas. French regulations on alcohol in pleasure boating are still relatively fragmented. They differ according to the type of boating, the power of the craft and the circumstances in which it is controlled.
And on the ground, control resources remain limited. Operations coordinated by the Affaires Maritimes and Gendarmerie Maritimes remain ad hoc, often concentrated on long summer weekends.
The subject of narcotics remains unresolved
Another limitation pointed out during the debates was that narcotics were not included in the extension adopted by the Senate. However, several recent investigations linked to maritime accidents have shown that the consumption of psychoactive substances is also becoming a subject of vigilance in certain professional sectors.
Shipowners sometimes have internal regulations that are stricter than the national legal framework. Some companies already impose random or systematic checks prior to embarkation, notably in offshore activities or passenger transport. However, the legal framework remains heterogeneous. Screening methods, applicable thresholds and disciplinary responsibilities differ from company to company and from flag to flag.
This absence from the adopted text also demonstrates the difficulty of rapidly adapting maritime law to new human safety issues.
