חוק לתיקון פקודת הנמלים (מס' 6), התשפ"ד–2024Law to Amend the Ports Ordinance (No. 6), 2024 · automatic translation · suggest a correction

Official summary of the law (Knesset)

The law establishes, for the first time, a sweeping prohibition on operating a vessel and performing duties on a vessel while under the influence of alcohol or a dangerous drug, by adding a new chapter on the matter to the Ports Ordinance [New Version], 1971. In general, the arrangements established in the law are similar to the existing arrangements in the Traffic Ordinance and the Aviation Law, 2011, regarding driving a vehicle or performing duties on an aircraft while under the influence of alcohol or a dangerous drug. The law establishes that violating the prohibition on operating a vessel and performing duties on a vessel while under the influence of alcohol or a dangerous drug is a criminal offense. The prohibition applies to the actual operator of the vessel, to a pilot present on the vessel as part of their duties, to anyone performing a duty on the vessel as a condition of their qualification and of operating it under any law, and, due to the manner of its operation, also to a passenger on a jet ski. The criminal penalty for violating the prohibition is three years' imprisonment or a fine under Section 61(a)(3) of the Penal Law, 1977, or both. In addition, the law establishes that a court will impose on a person convicted of such an offense a minimum disqualification period of two years, under which they will not be able to hold or receive certificates to perform a duty on a vessel or to operate it under the Shipping (Seamen) Law, 1973, unless special circumstances exist justifying a shorter disqualification period. If a person was convicted of an offense of the same type also in the previous year, the minimum disqualification period will be four years. The court may also impose a suspended disqualification. In addition, in certain cases a police officer or police officer of rank may also impose such disqualification, for a limited time. The law establishes an additional offense, concerning a person who was given notice of their disqualification from holding or receiving such certificates, and who nevertheless performs a duty on a vessel or performs their duty in violation of conditions added to their certificate. The penalty for this offense will be three years' imprisonment, a fine under Section 61(a)(3) of the Penal Law, or both. The law also includes detailed provisions regarding the authority of police officers to conduct tests and take samples from a person about to perform a duty on a vessel, from a person performing a duty on a vessel, or from a person who has just finished performing such a duty, in order to examine whether alcohol or a dangerous drug is present in their body, including provisions regarding the manner of taking samples. The law establishes that a court, and under certain conditions also a police officer, may order a prohibition on the use of the vessel, if it is found that a person performed a duty on it while under the influence of alcohol or a dangerous drug, or after a person was convicted as described. The law further establishes that traffic court judges will be authorized to hear offenses under the law, due to their expertise in handling drunk-driving cases, which are similar to the cases expected to come before them under the law. The law's effective date is 1 April 2025.

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