{
  "url": "https://openlegislation.uk/railways-and-transport-safety-act-2003/section-78",
  "json_url": "https://openlegislation.uk/railways-and-transport-safety-act-2003/section-78.json",
  "legislation": "ukpga/2003/20",
  "legislation_title": "Railways and Transport Safety Act 2003",
  "legislation_url": "https://openlegislation.uk/railways-and-transport-safety-act-2003",
  "path": "section/78",
  "kind": "section",
  "number": "78",
  "heading": "Professional staff on duty",
  "text": "(1) This section applies to—\n(a) a professional master of a ship,\n(b) a professional pilot of a ship, and\n(c) a professional seaman in a ship while on duty.\n(2) A person to whom this section applies commits an offence if his ability to carry out his duties is impaired because of drink or drugs.\n(3) A person to whom this section applies commits an offence if the proportion of alcohol in his breath, blood or urine exceeds the prescribed limit.\n(4) For the purposes of this section a master, pilot or seaman is professional if (and only if) he acts as master, pilot or seaman in the course of a business or employment.\n(5) Where a person is charged with an offence under this section in respect of the effect of a drug on his ability to carry out duties on a fishing vessel, it is a defence for him to show that—\n(a) he took the drug for a medicinal purpose on, and in accordance with, medical advice, or\n(b) he took the drug for a medicinal purpose and had no reason to believe that it would impair his ability to carry out his duties.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "S. 78 in force at 30.3.2004 by S.I. 2004/827, art. 3(a)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2003/20/section/78",
    "retrieved_at": "2026-10-29T09:18:20.260952+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}