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A regulatory change that has been anticipated for several years
Safety at sea depends on prevention, crew training, and compliance with navigation rules. But until now, there has been a gap in French law. While breathalyzer tests are common on the road, authorities lacked a comparable legal framework for testing the operators of many motorized recreational vessels.
The adoption of the government amendment?now known as the ?Benjamin amendment??puts an end to this situation. The text was adopted by the National Assembly on July 9, 2026, as part of a bill aimed at strengthening responses to breaches of public order. It amends the Transportation Code to establish a comprehensive system of oversight and penalties regarding alcohol, narcotics, and, eventually, psychoactive substances.
This development comes more than a year after the collision that claimed the life of 8-year-old Benjamin Mano while he was sailing an Optimist off the Arcachon Sailing Club on May 21, 2025. The boat involved was being operated by a professional sailor who tested positive for alcohol and cocaine. Since this tragedy, the child?s family and Gironde Representative Sophie Panonacle have taken numerous steps to push for changes to the law. A petition that has gathered nearly 93,000 signatures, had been launched to support this initiative.
A legal loophole concerning motorboats requiring a license
One of the main consequences of this reform affects operators of motorboats that require a recreational boating license.
Until now, unlike the Highway Code, no specific provision in the Transportation Code had established a legal blood alcohol concentration limit applicable to these recreational boaters. Maritime authorities primarily carried out preventive operations, without a clear legal basis for conducting systematic checks followed by criminal penalties.
The amendment now creates two new offenses. The first concerns boating while under the influence of alcohol. The threshold is the same as that applied to the offense on the road, namely a blood alcohol concentration of 0.80 g/l or higher, or a breath alcohol concentration of 0.40 mg/l or higher.
The second offense involves operating a vessel after consuming substances or plants classified as narcotics, as detected by a saliva or blood test.
This text applies to motorboats whose operation requires a recreational boat license. Sailboats that do not require a license are therefore not directly subject to these new provisions, unless the regulatory framework changes in the future.
Penalties in line with those for traffic violations
The amendment does not merely authorize inspections. It also establishes a comprehensive criminal enforcement framework applicable to motorized recreational boating. A recreational boater found to have a blood alcohol concentration of 0.80 g/l or higher, or a breath alcohol concentration of 0.40 mg/l or higher, now faces up to three years in prison and a fine of ?9,000. The same penalties apply in cases where drug use is detected through a saliva or blood test.
When alcohol and narcotics are involved, the penalties are more severe. The maximum penalties in such cases are five years in prison and a fine of 15,000 ?.
The bill also strengthens the provisions applicable to seafarers. Until now, the penalties for driving under the influence were less severe than those under the Highway Code. They have now been increased from two to three years? imprisonment and from a ?4,500 to a ?9,000 fine. Professional seafarers are also subject to a new, specific criminal regime regarding the use of narcotics while on duty.
Inspections at sea have yet to be organized
Although the new violations are now included in the Transportation Code, their implementation will still require several regulatory steps.
The amendment authorizes the Government to issue an ordinance within six months of the law?s publication. The ordinance must specify the practical procedures for the inspections.
Several issues still need to be clarified. In particular, the regulations will need to specify which authorities will be authorized to conduct testing, under what circumstances such testing may be carried out, and what procedures will apply in the event of a refusal to undergo testing.
The order must also specify the precautionary measures necessary to ensure the safety of navigation when a driver is deemed unfit to continue on his or her route.
Another expected change is that the future regulations will not be limited to alcohol and narcotics. The government also plans to regulate the voluntary use of psychoactive substances that could impair a person?s ability to operate a vessel.
For recreational boaters, this regulatory phase will be crucial. It will specify the specific conditions under which units of the maritime police, the maritime affairs agency, or customs will be able to intervene during inspections.
The debate on homicides at sea is now underway
The adoption of the Benjamin amendment does not mark the end of this issue. Sophie Panonacle has announced her intention to introduce a bill establishing the offense of homicide at sea, modeled after the offense of vehicular homicide as defined in the Penal Code.
The goal is to adjust the criminal classification of the most serious maritime accidents when they are caused by the consumption of alcohol or narcotics.
The bill will still have to go through the standard legislative process before it is eventually adopted. For recreational boaters, this series of reforms reflects a broader shift in maritime regulations. Long focused on prevention, maritime safety policy is now shifting toward a system more akin to that used on roads, with inspections, clearly defined thresholds, and specific penalties.
The passage of the Benjamin Amendment serves as a reminder that a legal loophole?first identified as early as 2020?was not closed until after the death of eight-year-old Benjamin Mano. This timeline raises questions, given that alcohol and drug testing are safety measures that today seem like common sense to all those who use the water.
