DRINKING AND BOATING / WHAT ARE THE LAWS Canada United States UK Australia Comparison

 

 

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Some Facts You Need to Know

 

 

Do you know what your local laws are about the consumption of alcohol on a pleasure boat. Most boaters think they do but are they right, I recently spoke to a local law enforcement officer who works marine patrol. He enlightened me to the facts and that most boaters are actually wrong when it comes to the laws on drinking on a boat.

 

 

 

 

 

I think we assume that drinking on a boat is ok for our visitors as long as the captain is sober and there is a head of some kind on the boat. Or we can drink on the boat no matter what as long as we are at anchor or not moving. Either one of these statements is not necessarily true. It is important that as a boat owner or boat operator that you are aware of your local state, province or territorial laws.

 

Canadian Boating and Drinking Laws

Here is a serious of True and False questions for you to test your knowledge:

 

TRUE or FALSE Quiz

 

1. The penalties for drinking and driving are different than for drinking and boating          T  or F

2. If your blood alcohol level is below 0.08 (80 mg/100ml of blood), you can't be charged with impaired driving of a vessel                                                                                               T or F

3. Judgment, balance and reaction times are not affected until blood alcohol levels rise above 0.08(80 mg/ 100 ml of blood)                                                                                            T or F

4. A bottle of beer contains less alcohol than a glass of wine                                          T or F

5. The captain is responsible for the safety of all passengers, even if they have consumed alcohol.                                                                                                                             T or F

6. A first conviction of impaired operation of a vessel carries a $ 100 fine                       T or F

 

..... 37% of boaters in Canada admit to consuming alcohol every time they boat. 66% report they drink alcohol sometimes when boating. Many people think it's okay to drink and boat- but it's not!

 

.... Alcohol is a factor in over 40% of recreational boating fatalities.

 

The rules in Canada are as follows:

In most provinces and Teritories you may have open alcohol on a boat if all of the following conditions exist:

 

Docked - Vessel is at anchor or secured to a dock, land or mooring

 

Berth - Vessel has permanent sleeping accommodations

 

Galley - Vessel has a permanent kitchen

 

Head - Vessel has a permanent bathroom ( no portapotty)

 

 

I know many boaters who would never drink and drive their car who think nothing of drinking and boating!

 

In Ontario if you get pulled over or caught drinking and boating the police will tow your boat, I have been informed that the marine patrols in Ontario will be cracking down even more this year.

 

US Laws on Boating and Drinking

 

Operating a boat anywhere in the U.S. while impaired by alcohol or drugs is illegal and extremely dangerous. Boat operators who have a blood alcohol concentration level (BAC) in excess of 0.08, or 0.10 in some states, are subject to a civil penalty of up to $1,000 and a criminal penalty of up to $5,000. Remember, this fine is applicable to all boat operators—from the single fisherman to the captain of a ship.

 

If a boat operator under the influence of drugs or alcohol kills or seriously harms another person on the water, the penalty can be up to five years in prison and a fine of $5,000.
Note: Some states have additional penalties for boating under the influence and the maximum BAC level will vary depending on the state in which you are boating.

 

 

Alcohol and Boating Law in the UK

Merchant Shipping Act 1995

Boaters may be prosecuted under the Merchant Shipping Act 1995 if their actions on the water are seen to be endangering other vessels, structures or individuals and they are under the influence of alcohol.  

Harbour byelaws

Locally, most harbour authorities have harbour byelaws under which they can prosecute if boaters are found to be under the influence of alcohol when in charge of a vessel.  

Railways and Transport Safety Act 2003

A law to introduce drink driving offences (including specific alcohol limits) for non-professional mariners was included in the Railways and Transport Safety Act 2003. This provision has not been brought into force


The UK is currently working on a new set of laws putting the blame mainly on PWC, you can now face a 5000 British pound charge under the old system. These laws also apply to the UK Territorial waters.


Australian Drinking and Boating Laws

 

Whether you are going fishing, skiing, diving or just cruising, when you mix alcohol with your boating activity the consequences can be fatal.
In a boat, the combination of wind, waves and the sun can all magnify the effects of alcohol and really affect your judgement and skills. This goes for everyone; the skipper, the passengers and the crew.

Remember to drink responsibly when boating

It is an offence to operate a vessel while affected by alcohol or drugs to such an extent as to be incapable of having proper control of the vessel, Section 59(2) of the Western Australian Marine Act 1982.
Drivers of vehicles leaving boat ramps, yacht clubs and marinas can be prosecuted under the Road Traffic Act 1974.

	AustLII: Road Traffic Act 1974
	AustLII: Western Australian Marine Act 1982 (WA)The general guidelines for standard alcohol consumption are: Men: No more than two standard drinks in the first hour and one standard drink every following hour. Women: No more than one standard drink every hour.     Answers to quiz above: 1- F  2- F  3- F  4- F  5- T  6- F     How did you score?       Support your local MADD Chapter/ Don't Boat Impaired   MADD Canada has adopted a comprehensive approach in assessing the impairment-related (alcohol/drugs) crash problem in Canada. MADD Canada has attempted to obtain a complete picture which encompasses: alcohol and drugs; all types of vehicles and vessels; the full range of harms and losses (fatalities, injuries, property damage, and their social costs); and crashes that occur on public and private roads and property, and on the water. This broad approach is mandated by MADD Canada’s mission, which is to assist all victims of impaired crashes and to reduce the total number of fatalities, injuries, and property damage crashes. Copyright 2015 © Boat Nut Media, Toronto, Ontario. All rights reserved. No part of this information/publications may be stored in a retrieval system, transmitted, or reproduced in any way, including but not limited to photocopy, magnetic, or other record, without prior agreement and written permission of the publisher, Boat Nuts Media ©™ No liability is assumed with respect to the information provided