Sailing and alcohol

[Montanan]

Originally Posted by Pandor

Your statement about one drink putting someone who weighs more than 130lbs over that limit is also false. Perhaps you meant less than 130 lbs, but even so.

Reference: https://www.uscgboating.org/recreati...-influence.php USCG Boating - The U.S. Coast Guard's Boating Safety Division (CG-BSX-2) is dedicated to reducing loss of life, injuries, and property damage that occur on U.S. waterways by improving the knowledge, skills, and abilities of recreational boaters.

BUI is just as deadly as drinking and driving!

Did you know:

A boat operator is likely to become impaired more quickly than a driver, drink for drink?

The penalties for BUI can include large fines, revocation of operator privileges and serious jail terms?

The use of alcohol is involved in about a third of all recreational boating fatalities?

Every boater needs to understand the risks of boating under the influence of alcohol or drugs (BUI). It is illegal to operate a boat while under the influence of alcohol or drugs in every state. The Coast Guard also enforces a federal law that prohibits BUI. This law pertains to ALL boats (from canoes and rowboats to the largest ships) and includes foreign vessels that operate in U.S. waters, as well as U.S. vessels on the high seas.

Estimating Impairment

The table attached below gives a guide to average impacts of alcohol consumption. However, many factors, including prescription medications and fatigue, motion sickness, can affect an individual's response to alcohol, and impairment can occur much more quickly as a result. There is NO safe threshold for drinking and operating a boat, so do not assume you are safe just because you fall into the "rarely" or "possibly" influenced categories.

For commercial boaters and for drivers, a BAC of .04% can result in a DUI conviction nationwide. Consistency on land and water.

Additionally, for those who take a professional approach to boating, or have such as their livelihood.
§ 95.045 General operating rules for vessels inspected, or subject to inspection, under Chapter 33 of Title 46 United States Code.

While on board a vessel inspected, or subject to inspection, under Chapter 33 of Title 46 United States Code, a crewmember (including an officer), pilot, or watchstander not a regular member of the crew:

(a) Shall not perform or attempt to perform any scheduled duties within four hours of consuming any alcohol;

(b) Shall not be intoxicated at any time;

(c) Shall not consume any intoxicant while on watch or duty; and

(d) May consume a legal non-prescription or prescription drug provided the drug does not cause the individual to be intoxicated.

[boatpoker]

I thoroughly enjoy my rum & coke, sometimes a cold beer. I have never imbibed alcohol while the boat is under way. I don't need the hassle if ship happens and I have alcohol on my breath.

I have several friends who have a beer while underway. They tell me they know when enough is enough ... I believe the person imbibing is the least qualified to make that judgement.

[Sand crab]

That statement in post #16 about revocation of operator privileges for being over the limit is interesting. There is no licensing for most recreational boating operators in the US so how do you revoke something you never had and can't get?

[Uricanejack]

[QUOTE=Montanan;3337078

Did you know:

[B]A boat operator is likely to become impaired more quickly than a driver, drink for drink?[/B]

This makes no sense to me.
Is there some reputable source for this information.

I can’t see any reason why I or anyone else would become impaired more quickly on a boat.

My observation although Mal de Mer will turn people green and often incapacitate people.
Few of those suffering the effects want to drink alcohol.

[Uricanejack]

Originally Posted by Sand crab

That statement in post #16 about revocation of operator privileges for being over the limit is interesting. There is no licensing for most recreational boating operators in the US so how do you revoke something you never had and can't get?

Most of his post appears to refer to commercial operators.
Even so.

Not sure about US.

Other jurisdictions, eg Canada.
An impaired charge on a vessel and conviction.
Can affect your driving licence.

[Montanan]

[QUOTE=Uricanejack;3337089]

Originally Posted by Montanan;3337078

Did you know:

[B

A boat operator is likely to become impaired more quickly than a driver, drink for drink?[/B]

This makes no sense to me.
Is there some reputable source for this information.

I can’t see any reason why I or anyone else would become impaired more quickly on a boat.

My observation although Mal de Mer will turn people green and often incapacitate people.
Few of those suffering the effects want to drink alcohol.

https://www.wbir.com/article/news/lo...t/51-571081338

[boatpoker]

Originally Posted by Sand crab

That statement in post #16 about revocation of operator privileges for being over the limit is interesting. There is no licensing for most recreational boating operators in the US so how do you revoke something you never had and can't get?

In Ontario it goes against your driving license.

[Jammer]

Details vary from one jurisdiction to the next.


In Minnesota, state statute is written such that OWI laws do not apply to boats without motors, or to boats that are anchored, moored, or under sail; operator is defined as the person physically in control of the boat.


But you can get busted for OWI on a golf cart, lawn mower, or self-propelled recliner.

[Montanan]

Recreational boat operators could have their boating licenses suspended or revoked. Many states apply BUI offenses to a person's driving record and their insurance database records. Repeat offenders could face higher consequences, as do boaters convicted of BUI while minors were on board, or who gave alcohol or drugs to minors on the watercraft. In many states a BUI is similar to a DUI. Your automobile driver's license may also be suspended by a BUI conviction. Similarly a DUI can lead to loss of boating privileges.

Boating Under the Influence BUI and Operating Under the Influence OUI are considered "like offenses" - multiple like offenses may result in the suspension or revocation of a motor vehicle license. Refusal to take breath, chemical, or blood test upon arrest results in loss of m.v. license for 180 days. Up to an including loss of the motor vehicle.

Commercial boat operators could lose not only their license, but their livelihood. BUI convictions can also generate monetary fines and affect your boat and your car insurance rates.

A court or administrative judge may also require people convicted of boating while drunk or under the influence to get alcohol and drug counseling.

A felony conviction could mean you lose your right to vote.

[Montanan]

Boating, Drinking and Insurance Coverage


The purpose of boating insurance is very similar to car insurance. It provide coverage and financial recovery when the vehicle is damaged, stolen, or involved in causing damage to people or someone else’s property. Policies consider all types of contingencies, even disasters and unforeseen circumstances. However, one thing that insurance policies don’t typically pay for is damage caused when someone breaks a law.

Drinking alcohol has long been a favorite pastime when boating. Being on the water seems to be equated immediately with recreation and having fun. However, a boat is a licensed vehicle, regardless of being on the water instead of a road. And enough laws and restrictions have been passed in most states, making it clear that getting into a boating accident when drunk opens a person up to both criminal and civil actions. When a boating accident does occur and local authorities determine that driving the boat under the influence was a contributing factor, and insurer is eventually going to get a copy of the police and accident report.

Most insurance policies for boating, just like those for operating a car, have language in them preventing coverage when someone is the cause of damage due to a misdemeanor or felony. And the courts are very clear and unsympathetic in most states: ignorance of the law is no excuse for breaking it. The problem is, no one thinks about these complications when already on a boating trip for the day or weekend. Then the drinking starts and a problem occurs. Boaters are doing themselves a big favor taking the time to understand liabilities and exceptions to coverage before getting on the water.

https://www.theinsuranceoutfit.com/b...ance-coverage/

[Fore and Aft]

Uricanejack try drinking a six pack out in the hot Queensland sun while sailing. It's not hard to end up a blathering mess. Yet that same six pack hardly touches the sides when drunk at home or in a bar.
Cheers

[Mike OReilly]

I've seen it stated here that some American (and perhaps other?) jurisdictions do not allow anchored boaters to imbibe. Is this true?

In most Canadian provinces, alcohol may be legally consumed on an anchored boat as long as it has a galley, a permanent head and actual berths.

[TrentePieds]

Observing the venerated dictum: "48 hours from bottle to throttle" obviates any need to concern oneself with the niceties of the law relating to "operating while under the influence". "Throttle" in this context obviously includes "being in command" :-)

Nevertheless, recall the O'Leary incident on the Muskoga Lakes a year and a half ago. From Wiki: "

"On 24 August 2019, O'Leary and his wife Linda were involved in a fatal crash on Lake Joseph in Muskoka, Ontario when the two were on a boat owned by O'Leary and operated at the time by Linda. Their boat collided with another boat, and a 64-year-old man and 48-year-old woman on the other boat were killed. O'Leary said in a statement that he was cooperating with the police investigation, and that the other boat did not have its lights on and "fled the scene".[138] The police stated that both boats left the scene to "attend a location and both parties called 911."[139] On 24 September, Linda O'Leary was charged with "careless operation of a vessel" under the small vessel regulations of the Canada Shipping Act, a charge that carries a maximum 18 months imprisonment and a $1 million fine. The driver of the other boat, Richard Ruh of Orchard Park, New York, was charged with "failing to exhibit navigation light while underway."[140] On 11 October, the Public Prosecution Service of Canada ruled out any jail time for Linda.[141]"

Here is an article that is worth considering. It deals inter alia with the distinction twixt the law as applied to professional seafarers and as applied to amatoors like the O'Learys. Assertions notwithstanding, I, for one, am not persuaded that K O'L, the "celebrity", did not let his wife "take the fall" for him:

https://torontolife.com/life/what-re...sh-in-muskoka/

TrentePieds

[smj]

In Florida it is legal to consume alcohol while operating a boat as long as your not legally drunk.

[Uricanejack]

A tragic incident.
Eliminate the wealth a celebrity, which also eliminates high priced legal council.
The incident might be a typical boating accident involving two small fast boats.

Except as far as I know there was no alcohol was involved. Which would presumably have elevated the situation into a much more severe response.

Having now read the article, it is suggested she had been drinking

So if you have sufficient wealth to have a high priced lawyer on retainer, no need to worry about drinking and boating.