BUI at anchor... experiences?

[callmecrazy]

Originally Posted by cal40john

Appears that both federal and at least 2 states BUI only applies while operating a vessel underway. Unless statutes give their own definition, the one in the dictionary applies:

3. Nautical Neither anchored nor moored to a fixed object.



Here's what I looked up earlier for another thread found here:
http://www.cruisersforum.com/forums/...nce-55955.html


Florida's laws seem to be very similar to the laws I posted for Washington state in the other thread.

How they're actually applied by the police could be different.

Florida Statutes:

Statutes & Constitution :View Statutes : Online Sunshine

(27) “Operate” means to be in charge of or in command of or in actual physical control of a vessel upon the waters of this state, or to exercise control over or to have responsibility for a vessel’s navigation or safety while the vessel is underway upon the waters of this state, or to control or steer a vessel being towed by another vessel upon the waters of the state.

Statutes & Constitution :View Statutes : Online Sunshine

(1)
A person is guilty of the offense of boating under the influence and is subject to punishment as provided in subsection (2) if the person is operating a vessel within this state and:

From another thread:
http://www.cruisersforum.com/forums/...ter-55074.html

Definition of operating a vessel in the c.f.r. (federal law)

From:

Justia :: 33 C.F.R. PART 95—OPERATING A VESSEL WHILE UNDER THE INFLUENCE OF ALCOHOL OR A DANGEROUS DRUG -- US Laws, Codes, Statutes & Cases -- Justia
§ 95.015 Operating a vessel.

top
For purposes of this part, an individual is considered to be operating a vessel when:
(a) The individual has an essential role in the operation of a recreational vessel underway, including but not limited to navigation of the vessel or control of the vessel's propulsion system.
(b) The individual is a crewmember (including a licensed individual), pilot, or watchstander not a regular member of the crew, of a vessel other than a recreational vessel.


Definition in Washington State is essentially the same

From:

Washington Boating License and Boat Safety Course - Glossary

OPERATETo steer, direct, or otherwise have physical control of a vessel that is underway

I'm not going to look it up any further and I'd assume these definitions are true.

But, when I took the USCG safety course they seemed to emphasize that a boat at anchor is consider "underway" with a "restricted maneuverability" clause...

I suspect there is a difference between a boat anchored in an appropriate anchorage, and a boat anchored elsewhere....

It's a technicality at best. Nothing to fear unless you're the one being put in handcuff's

It would be interesting to see the correct (federal) legislation, though.

[rebel heart]

Originally Posted by goboatingnow

Are you still convinced you're free!, Im flabbergasted
Dave

Not to be a dbag about it, but I'm sort of glad people aren't "free" to drink and boat. If we could rely on everyone acting like responsible adults we wouldn't need drinking or drugs laws at all.

[rebel heart]

http://cfr.vlex.com/vid/95-010-defin...-part-19759658

cfr 33 95.010

" Underway means that a vessel is not at anchor, or made fast to the shore, or aground."

and then from http://law.justia.com/cfr/title33/33....1.6.44.0.20.3

" For purposes of this part, an individual is considered to be operating a vessel when:

(a) The individual has an essential role in the operation of a recreational vessel underway, including but not limited to navigation of the vessel or control of the vessel's propulsion system."

----------

In short, you have to be "operating" a vessel that is "underway", but according to the definition "underway" specifically excludes at anchor. There are state and local laws that can come into play as well, but I don't see how anyone can argue with that definition. All that being said, I think you're an idiot if you're sauced in any situation where you need seamanship skills regardless of what the laws say.

[callmecrazy]

Originally Posted by rebel heart

33 CFR 95.010 - Definition of terms as used in this part. - Code of Federal Regulations - Title 33: Navigation and Navigable Waters - PART 95: OPERATING A VESSEL WHILE UNDER THE INFLUENCE OF ALCOHOL OR A DANGEROUS DRUG - Id 19759658 - vLex

cfr 33 95.010

" Underway means that a vessel is not at anchor, or made fast to the shore, or aground."

and then from PART 95—OPERATING A VESSEL WHILE UNDER THE INFLUENCE OF ALCOHOL OR A DANGEROUS DRUG :: PART 95--OPERATING A VESSEL WHILE UNDER THE INFLUENCE OF ALCOHOL OR A DANGEROUS DRUG :: CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY :: Title 33 -

" For purposes of this part, an individual is considered to be operating a vessel when:

(a) The individual has an essential role in the operation of a recreational vessel underway, including but not limited to navigation of the vessel or control of the vessel's propulsion system."

----------

In short, you have to be "operating" a vessel that is "underway", but according to the definition "underway" specifically excludes at anchor. There are state and local laws that can come into play as well, but I don't see how anyone can argue with that definition. All that being said, I think you're an idiot if you're sauced in any situation where you need seamanship skills regardless of what the laws say.

Sweet.

Anchor party anyone? I have like 3 gallons of homemade wine

[cal40john]

Originally Posted by callmecrazy

Sweet.

Anchor party anyone? I have like 3 gallons of homemade wine

Interesting, Rebel posts the exact same CFRs as I did. Does posting them twice give them credibility, or do I come across as some sort of shady character?

John

[callmecrazy]

Originally Posted by cal40john

Interesting, Rebel posts the exact same CFRs as I did. Does posting them twice give them credibility, or do I come across as some sort of shady character?

John

Yours required actually clicking links.

Paste++

[cal40john]

Originally Posted by callmecrazy

Yours required actually clicking links.

Paste++

Ummm, Nope, Try again. Actual text with links above in each case.

John

[callmecrazy]

Originally Posted by cal40john

Ummm, Nope, Try again. Actual text with links above in each case.

John

I dunno... I skipped over yours, found RebelHearts easily readable (not going back to re-read it. Far too lazy for that!).

Draw your own conclusions

[SunDevil]

I've heard of people getting fined for drinking on the rivers here. I think it has more to do with drinking in public than on a watercraft.

Ohio

Intoxicating Beverage
(1501:41-3-22)
No person shall overtly and publicly consume or display the presence of any beer or intoxicating liquor in any area administered by the Division of Parks and Recreation

Pennsylvania

May I drink in my boat?
This answer depends on several variables including where you boat, how much you drink and other laws that pertain to alcohol. Alcohol is prohibited on land and water at all Pennsylvania state parks, U.S. Army Corps of Engineers property and on many other waterways in the Commonwealth. Check with the local authorities before bringing alcohol into an area. In some places it is legal to drink on a boat. However, laws such as public drunkenness, disorderly conduct and underage drinking apply both to the operator and the passengers.

It is a pretty far stretch to get to a BUI when on a innertube or at anchor...

But, the police have arrested people for DUI in parked cars...

[rebel heart]

Originally Posted by cal40john

Interesting, Rebel posts the exact same CFRs as I did. Does posting them twice give them credibility, or do I come across as some sort of shady character?

John

<--- master wordsmith

[Dulcesuenos]

You guys are all missing the point. It depends on what anchor they are using. The Manson supreme is a better anchor thus you will without a doubt avoid a bui. On the other hand if you break free due to your chinese Rocna. You are underway , making way and a Bui. Will ensue.

[Twotimer]

I have spoken on this subject before.....but when deputy dawg comes and wants to bust you he/she will. If you think because you white, older male, worth between .5 and 1.8 million is gonna save you ...you are effin; kidding. Any substance, be it legal prescription or illegal can and will be used against you in the pursuit of compliance or additional money for their agency. Reason why deputy dawg does not go after bigger rats.....is they have too many connections to judges (a larger form of scum).......
Drinking in a parked motor home in a motor home park is DUI. Drinking a "sundowner" while at anchor is DUI. Any drinking outside your front door can can lead to under the influence charge (yes cops will ask you to step outside your house to bust you)....any..... Now god forbid you are not white, fairly financially secure or connected....then boys, Deputy Dawg will bend you over....but I am sure that is not the experience of most of the sailing community.......It is very white out there..... Reason has nothing to do with law enforcement. Do not ever ever talk to or invite them for anything....ever........Do your yes sirs no sirs and then get the hell away from them..........

[jeremiason]

Originally Posted by callmecrazy

Technically speaking (As far as I know), at anchor is indeed considered "underway" and BUI is the same as a moving veseel (in the US).

The United States Coast Guard defines a vessel under way in Rule 3 as:

The word "underway" means that a vessel is not at anchor, or made fast to the shore, or aground

Navigation Rules Online

Most state courts, unless otherwise specified in their own codes would defer to this interpretation...

That does not meanthat you couldn't be arrested for something else, like Drunk in Public or a host of other state or federal laws.

[GordMay]

Greetings and welcome aboard the CF, Twotimer.

Sorry you have such a cynical/jaded view of law enforcement in America.

[sailorboy1]

seems for this thread people aren't willing to just apply "common sense"