400: Live aboard at anchor drinking?

[Oeanda]

More specifically, since I happened to look this up last week out of random curiosity, while docked next to the cops…

Boat passengers may legally consume alcohol on board a boat in Canada if the boat:

- Has permanent cooking facilities.
- Is equipped with permanent sleeping facilities.
- Has a permanent toilet; and
- The boat is anchored or secured alongside a dock.

Of course this has little relationship with what actually happens.

[Anders]

Originally Posted by Mike OReilly

Canadian definition of being affixed to land includes being at anchor, so drinking is not illegal as long as the boat has a head.

What's the reason for the head? If there is any...

[CatNewBee]

You or your crew shouldn't be intoxicated anyway. But out of curiosity, what about boonedocking in a RV?

[Mariefred]

Originally Posted by Anders

What's the reason for the head? If there is any...

I believe it's so the authorities can claim that you were totally out of your head when they slap the bracelets on

[Talk Story]

I've been told you really have to be asking for it to get one at anchor and have not heard of it happening. You are probably are more volunerable in your dinghy zipping home from happy hour, than you are enjoying dinner in the cockpit with friends.

[Lodesman]

Originally Posted by Anders

What's the reason for the head? If there is any...

Notionally, it makes the boat a residence, and therefore the rules that allow you to drink in a residence apply.

[Mike OReilly]

Originally Posted by Anders

What's the reason for the head? If there is any...

Not exactly sure, but I suspect it is as others have said. Point is, we cruising Canucks can drink at anchor. But of course, it’s never a good idea to get plastered on a boat.

On our vessel there is zero drinking while underway, and that includes multi-day passages. But once the anchor is securely down, and no nasty weather is expected, the beer and wine start flowing.

[CaptTom]

The Canadian law is clear, thanks for posting. And plenty of thoughtful opinions have been posted. I'd still be curious to read any specific state laws and, especially, definitions of "operating."

Around here the water LE seem to apply the same rule as automobiles to small boats - hands on the wheel.

However, on commercial vessels the master is not always - sometimes never - at the wheel. But I haven't actually found the definition of "operating" in the state statutes. Finding that would answer a lot of questions.

[RaymondR]

Originally Posted by CaptTom

The Canadian law is clear, thanks for posting. And plenty of thoughtful opinions have been posted. I'd still be curious to read any specific state laws and, especially, definitions of "operating."

Around here the water LE seem to apply the same rule as automobiles to small boats - hands on the wheel.

However, on commercial vessels the master is not always - sometimes never - at the wheel. But I haven't actually found the definition of "operating" in the state statutes. Finding that would answer a lot of questions.

Try the OH&S regulations.

[Lodesman]

Originally Posted by CaptTom

I'd still be curious to read any specific state laws and, especially, definitions of "operating."

I posted the Texan rules and definition of "operate" up-thread fwiw. It's really up to the individual to search for the specific rules for the state(s) they intend to "operate" in.

For Maine: https://www.maine.gov/ifw/docs/maine-boating-laws.pdf

The definition of "operate" seems to cover any use of a boat, underway or not.

[NorthPacific]

In some ways Canadian law is tougher than most. If you are stopped and they see or suspect drinking you can be given a breath test. Same law as driving a car. 2 beers will put you over. Also it is a criminal offence, so you have a criminal record which will hamper travel outside of canada. Also you go to court, mandatory a years ban including driving a car and a very large fine.

As to drinking never when in transit, but since we almost always anchor out, have a beer or 2 once safely at anchor. All depends on the weather and anchorage, self preservation is key for me.

[RaymondR]

In some Australian states a boat driving license is connected to your land vehicle license so lose one and you lose both.

However, you could then sail a china clipper as long as it does not have a propulsion engine in it.

[Chotu]

How times have changed. When I started sailing, we used to get absolutely wasted. Day drunk. And go sailing. this was about 30 something years ago?

there weren’t any cops on the water. It was a nice place. The only person that was near the harbor was the harbormaster. And they had nothing to do with what was going on once you left the mooring field. Even in the mooring field they really didn’t do much. They just settled disputes about who might be on someone else’s mooring. they also let you know if you have gotten to the top of the 20 year waiting list for a mooring that they had going on.

Drinking was part of what made sailing fun back then. It added the extra dimension to it. we also used to try not to drive drunk. But we did not always succeed. And in fact, I had the reputation is the best driver of everyone, so anytime everybody was drunk, I was the one ended up having to drive because they didn’t want to crash. Ha ha.

Thankfully I don’t drink anymore at all so I don’t have to worry about any of this stuff in the thread. Times have really changed though. It’s somewhat a shame that there are so many cops everywhere out on the water now. Just another new source of revenue for them.

[Oeanda]

I always knew we were 30 years behind up here...

Edit. Not that I’m personally very fond of the heavy drinking scene, to say the least. It seems like drunk people are strongly affected by gravity and naturally flow downhill to end up at water level. But whatever. It’s traditional. No one here crying out for more legislation.

[Rivatar]

The master of any vessel must be sober. Irrespective of whether the vessel is underway, anchored or moored. Failing that, if moored the vessel’s agent ust be sober.