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View Poll Results: Can you get a Boating Under the Influence while at anchor for the night?
Yes 10 26.32%
No 16 42.11%
Yes, but I'll get off after spending over $10,000 in legal fees. 4 10.53%
Just shoot me! 9 23.68%
Multiple Choice Poll. Voters: 38. You may not vote on this poll

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Old 01-03-2011, 15:48   #16
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Re: Boating Under The Influence??

Quote:
Originally Posted by thinwater View Post
a sensible drunk .

Gets my 'quote of the day.'
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Old 01-03-2011, 15:56   #17
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Re: Boating Under The Influence??

The poll as it stands when I just looked at it has 3 votes in each of 3 categories for a total of 9 votes,

3 37.5%
3 37.5%
0 0%
3 37.5%

and underneath it says there are 8 votes.

More than 100% and can't count how many voters, that's good math.

John
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Old 01-03-2011, 16:04   #18
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Re: Boating Under The Influence??

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Originally Posted by kenny chaos View Post
Gets my 'quote of the day.'
The bar of sensibility is set very low. A sensible drunk knows he is toasted and stays in his chair. He does not engage in conversation.
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Old 01-03-2011, 16:09   #19
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Re: Boating Under The Influence??

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The bar of sensibility is set very low. A sensible drunk knows he is toasted and stays in his chair. He does not engage in conversation.

And he drives slow.
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Old 01-03-2011, 18:13   #20
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Re: Boating Under The Influence??

I can get a Riding Under the Influence (RUI) riding my horse back from the local saloon ~ not kidding ~ I see no reason why one can't get a ticket/arrested for being intoxicated while at anchor.

If it sticks in court is a whole different matter. How much do you have stashed away in your legal fund, is a better question.
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Old 01-03-2011, 19:23   #21
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Re: Boating Under The Influence??

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No. That is like reasoning God exists because we have morals. One does not require the other, and the presence of one does not insure the quality of the other. It is legal to leave a properly anchored boat unattended or to be asleep. There is no requirement to maintain a watch. I don't have to do anything if it drifts and a sensible drunk could simply allow the situation to unfold.
Not true my man. Never (or rarely) practiced in the pleasure boating world but unless the vessel is tied off to a permanent object, you have to maintain a lookout.

http://www.navcen.uscg.gov/?pageName=Rule0405

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Every vessel shall at all times maintain a proper look-out by sight and hearing as well as by all available means appropriate in the prevailing circumstances and conditions so as to make a full appraisal of the situation and of the risk of collision.
There are no exceptions for an anchored vessel, and in fact there are sound signals that are required to be sounded by a vessel at anchor when another vessel might be approaching and risking collision (one short, one prolonged, one short) in reduced visibility.

And in regards to "red over red", that means a vessel that is broken because of an exceptional circumstance, not because the skipper is drunk or otherwise unable to execute their responsibilities.

I don't really drink much anymore so this is a non issue for me, but I won't lie and say that I haven't had a beer or two or three on the hook. But the thread starter asked about the rules, and they there are. You'll find nothing that excuses a lookout watch at anchor (the same does not apply for being "made fast to the shore", but that's not an anchor).
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Old 01-03-2011, 19:29   #22
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Re: Boating Under The Influence??

COLREGS was built to make the waterways safer primarily for people who earn their living on the water, not to be convenient for short handed pleasure boaters to sip a mhi ti's on the hook. I'm not arguing that this works terrific or that a drunk 36' sailing skipper is as bad as a drunk 1600 ton tanker ship captain. But the rules apply the same and depending upon who the enforcer is and how much leeway they feel like giving you, it helps to be familiar with the rules.
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Old 01-03-2011, 19:44   #23
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Re: Boating Under The Influence??

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Not true my man. Never (or rarely) practiced in the pleasure boating world but unless the vessel is tied off to a permanent object, you have to maintain a lookout.

http://www.navcen.uscg.gov/?pageName=Rule0405



There are no exceptions for an anchored vessel, and in fact there are sound signals that are required to be sounded by a vessel at anchor when another vessel might be approaching and risking collision (one short, one prolonged, one short) in reduced visibility.

And in regards to "red over red", that means a vessel that is broken because of an exceptional circumstance, not because the skipper is drunk or otherwise unable to execute their responsibilities.

I don't really drink much anymore so this is a non issue for me, but I won't lie and say that I haven't had a beer or two or three on the hook. But the thread starter asked about the rules, and they there are. You'll find nothing that excuses a lookout watch at anchor (the same does not apply for being "made fast to the shore", but that's not an anchor).

I know this is a hair splitting thread, I know I didn't specify a designated anchorage, I know that a boat full of drunks can be unimaginably stupid. However, I did not say that legally the vessel is not being operated (it is being "used") or that the laws do not apply.

What I should have stated more clearly was simply that the logic that a operator must be ready to move when he is even required to be on the boat or awake is fundamentally flawed.

Debating the law is a dry pursuit better and more accurately served by searching regs on-line. I certainly hope no one follows threads for that purpose. Too much missinformation and just plain lighthearted jousting for that.
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Old 01-03-2011, 20:11   #24
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Re: Boating Under The Influence??

I'm simply debating the law (which yes, is dry, and ends up being colregs and cfr's posted all over the place) because the thread starter's question was clearly whether or not it was possible to get a BUI while at anchor. And that answer is purely maritime law.

By the rules (which may be selectively enforced and again I know it is not at all common practice on a pleasure boat) you need to have an anchor watch posted at all times, and a watchstander cannot be impaired. Good article on lookouts not being posted at anchor, showing that it's absolutely required.

Lookout! ? issue 17, June 2010 - Maritime New Zealand

Done with this thread though; no disrespect to anyone and just wanted to reflect what I've learned about colregs via my license. I know a lot of it sounds absurd. Technically it's illegal to put a single drop of olive oil in the ocean as well. A lot of stuff in the rules is rather eye rolling.
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Old 01-03-2011, 20:21   #25
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Re: Boating Under The Influence??

Why do people suppose that "rules" on boats are differently adhered to or enforced than those on land?
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Old 01-03-2011, 20:47   #26
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Re: Boating Under The Influence??

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Originally Posted by rebel heart View Post
Not true my man. Never (or rarely) practiced in the pleasure boating world but unless the vessel is tied off to a permanent object, you have to maintain a lookout.

http://www.navcen.uscg.gov/?pageName=Rule0405
So, what about moored boats? They are anchored too. Me thinks you're making a "stretch."
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Old 01-03-2011, 20:50   #27
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Re: Boating Under The Influence??

ok, has anyone in Florida actually ever tried to get marine patrol or FWC to respond to an emergency or issue after it was dark out? We have due to a drunk jet skier yes jetskier at night colliding with boats. They said call the coastguard, well check back on you. They almost never run or patrol at night.
Dont get drunk too early and your safe. >:0
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Old 01-03-2011, 21:05   #28
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Re: Boating Under The Influence??

Come to think of it, I've never been "pulled over" while boating or anchoring. I'd think such events would be most likely where there are a bunch of yahoos horsing around, or perhaps in the vacinity of 30-or-something-boat raft up of Sea Rays.
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Old 01-03-2011, 21:10   #29
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Re: Boating Under The Influence??

I agree - why stir things up and even raise the issue unless you have actually been caught or warned ..... I say enjoy the sun-downers but keep out of mischief with the power crazy officials.
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Old 02-03-2011, 04:12   #30
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Re: Boating Under The Influence??

Having taught captains licensing for many years...I'd love to debate the "required to have an anchor watch... rule" and where you can't drink when at anchor, on a mooring (same thing) or at dock. While a skipper is always responsible in the eyes of maritime law...the world isn't such a black and white place...because the way legal systems work.

Can anyone actually show me the number of the rule that says a small craft (under 20m) has to have an anchor watch every/all the time or where it says a skipper can't have a few beverages?

Underway there is a "legal limit" no arguement... and BUI's can be issued while BAC is under that limit if warranted...but alcohol and "not underway" isn't usually directly addressed and I don't recall alcohol specifically mentioned in the NAVRULEs anyplace.
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