The .05 limit when boating

[MulletMan]

At a Skippers meeting last night at VMR Vicky Point, we had two of the the Water Police guys come along to act as our Liaison Officers and we bought up the subject of how they interpret the legislation for having a few drinks on board your boat. Although I haven't found the actual legislation, they told us that it clearly states that "drinking whilst NAVIGATING a vessel............" means that if you are anchored up then you are not deemed to be navigating and therefore the .05 does NOT apply to you. If you are over the limit whilst anchored, pull the pick up and then head off somewhere, then of course you are now navigating and can be pulled over and charged accordingly. This marine legislation is completely different to driving a vehicle where if you pull over and have a sleep whilst over the .05 then you can still be charged!!! Maybe somebody with time on their hands can find this actual bit of legislation to confirm the "navigating" wording..........

[mini696]

From the RTA site -

"Blood alcohol limit

The blood alcohol concentration (BAC) limit for recreational boat operators and PWC operators under 21 years of age is 0.00mg/100 ml. For all other operators the BAC limit must be under 0.05mg/100 ml."


Try here - http://www.transport.sa.gov.au/pdfs/...av_act1993.pdf


And here - http://www.findlaw.com.au/Legislation/docs/36878.doc
Says absolutely nothing about a blood alcohol limit.


I found this interesting (but it is nearly 14 years old)
http://www.parliament.nsw.gov.au/pro.../LC19911211007

Mick

PS As usual its difficult to find the laws when we are interested in finding out about them. And when we cant find them , and then get caught by the Police, we cant use the "ignorance" excuse. Or we interprete them in a different way to the cops. I hate the system. [smiley=thumbsdown.gif]

[Bosunsmate]

Just pulled this off the Qld Transport site......

" Safety - Alcohol rules
Recreational ships
The skipper must have a blood alcohol limit of less than 0.05, the same rules as on the road. The skipper is also responsible for the safety of the passengers and should be responsible for their alcohol consumption. The effects of alcohol are enhanced while on the water due to the sun, wind, waves and constant motion. Reflexes and response times to emergencies are slowed and swimming ability deteriorates considerably.

Skippers of recreational boats should also be aware that, when their boat is anchored, it may still be considered to be used for navigation, and the blood alcohol limit applies. The limit does not change unless the boat is securely moored in a marina, to a jetty or wharf or on a swing mooring."

Pretty much sums it up for me....unless you're tied off to a mooring or marina any stiff face young H2O coppa can book you for DUI if your over .05.

[Kerry]

This one has always been a bit of a misconception and obviously not even the water police have a consistent understanding or application of it, does appear they have individual interpretations.

If there's a possible intent then that is generally enough and especially if one is simply anchored as opposed to moored as one should always assume that when anchored for some unknown reason there could be a requirement to up anchor (at anytime) and move be it weather or for whatever reason.

Skippers should adopt the 8 hours bottle to throttle policy.

Cheers, Kerry.

[Dug]

Individual officers may interpret the law differently.

My information was that it is "being in charge of a vehicle" that is the problem.

Moving or stationary you are still in charge of the vehicle and therefore responsible.

[subzero]

I have just spent the last couple of hours reading the legislation regarding alcohol on all forms of transport including boats, non powered transport etc and it is extremely wide open to interpretation. The legislation appears to have been written that way intentionaly.
The act basicaly says that you are in control of your vehicle if an Official reasonably decides that you are. Surprisingly this includes if you are within 3 metres of your vehicle, you dont have to actualy be in it.
This document outlines proceedures, rights, methods, arrest, confiscation and a whole raft of other interesting info.
Not light reading, 302 pages, it is downloadable and printable but for any bush lawyer out their who has the time, a good study of the Act in it's entirety will clear things up to a certain degree. Unfortunately you can not just look at the BAC section alone as definitions based in other sections on the vehicles can clarify or muddy the waters. This is why solicitors make the big bucks looking for loopholes in the legislation.
Good luck, my OPINION is drink on a boat and go over the limit and you are a bloody fool, anchored or not.
Heres the link to the legislation.
http://www.legislation.qld.gov.au/LE...antOpRUA95.pdf
Cheers Lloyd

[subzero]

By the way, please be aware that this topic is being comented on with legislation being quoted from DIFFERENT STATES.... make sure that the legislation you are reading applies to you in your State, it is likely to be entirely different.

Dug, you are 100% right, 1 cop will charge you with an offence based on HIS interpretation, a Judge will convict or discharge you on his interpretation, the Prosecutor or Defendant can then appeal that decision and an entirely different Judge can then reverse that order on his interpretation and so on.
When legislation is written as poorly as this, their will be a wide variation in how the result is reached and what that result will be...

Simple, dont get pissed on a boat.

[adrian]

i know it could be fun to have a few while fishing . but as a bus driver the limit is 0.00000000000000000000000000000 blood limit i've just don't drink 12 hrs before getting behind the wheel of anything it's not worth it.

anzac

[tideline_two]

i've got a question . .05 is yall"s legal limit for DUI? how much does that take? i mean if you smell a beer you'll blow that.they just lowered the limit here in south carolina , usa . to .08 they still have to prove you were impaired. i mean 3 beers in a hour ,to drunk to operate a vessel or a automoblie? give me a break.

you can drive old, you can drive stupid but you can't smell a beer and drive? something is wrong with that.

[devocean]

Just jump overboard and tell em you are swimming and you dont know who owns the boat

[mini696]

LOL

[Bosunsmate]

As Kerry said.......

<<<<< 8 Hours bottle to Throttle >>>>>

Its quite simple, drink drive youre a bloody idiot (and deserve to get caught).....

[Derek Bullock]

The relevant legislation in Queensland is - http://www.legislation.qld.gov.au/LE...antOpRUA95.pdf

The relevant section is

79 Driving etc. whilst under influence of liquor or drugs or
with prescribed concentration of alcohol in blood or
breath

(1) Any person who whilst under the influence of liquor or a
drug—
(a) drives a motor vehicle, tram, train or vessel; or
(b) attempts to put in motion a motor vehicle, tram, train or
vessel; or
(c) is in charge of a motor vehicle, tram, train or vessel;

is guilty of an offence and liable to a penalty not exceeding
28 penalty units or to imprisonment for a term not exceeding
9 months.

The key word here is "is in charge of a motor vehicle, tram, train or vessel"

Cheers


Derek

[bungie]

tideline_two,

Think it works out at two drinks in the first hr then one every hr after.

Yours was just lowered to .08, what was it before ?

[tideline_two]

ours was .10 in south carolina. it was lowered to .o8 to meet federal standards. BUT they also put in a stipulation that the results of the breathalizer were not the only criteria. they put vedio tapes in the breathlizer room and a jury can also use that when deliberateing.