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Old 29-04-2013, 16:57   #1
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Sailing and Alcohol

Hi, Can I drop the sails & anchor for the night in a protected bay in australia, and enjoy a few drink?
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Old 29-04-2013, 17:01   #2
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Re: Sailing and alcohol

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Hi, Can I drop the sails & anchor for the night in a protected bay in australia, and enjoy a few drink?

My personal opinion (not legal) is that someone should still be the designated driver, because stuff happens.
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Old 29-04-2013, 19:11   #3
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Re: Sailing and alcohol

If you are solo, no. If you are the only person on board that can operate the boat, no. It's draconian but that is the law, at least in Queensland, and i do know of folks being booked for it. They also lose points on their vehicle drivers license as well.

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Old 29-04-2013, 19:14   #4
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Re: Sailing and alcohol

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If you are solo, no. If you are the only person on board that can operate the boat, no. It's draconian but that is the law, at least in Queensland, and i do know of folks being booked for it. They also lose points on their vehicle drivers license as well.

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Old 29-04-2013, 19:19   #5
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Re: Sailing and alcohol

As far as I am aware, in Tasmania you cannot be booked for being drunk at anchor. Neither can you be booked for being drunk under sail. You can definitely be booked for being drunk under motor.
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Old 29-04-2013, 19:41   #6
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Re: Sailing and alcohol

For Queensland, see Alcohol rules (Maritime Safety Queensland) I am pretty sure the rules are the same in NSW. The DUI rules in Queensland have not been tested in the courts, I believe. I have read several articles in the papers by solicitors who think the legislation is flawed, and would not stand up to challenge. Needs someone to test it out. Someone with lots of money.

I have been breathalysed 3 times at anchor, so it does happen. Typically, the police, or MSQ + police will swoop into an anchorage, go from boat to boat, breathalyse and check safeties. Only the police have the power to breathalyse.

Lee
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Old 29-04-2013, 19:56   #7
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Re: Sailing and alcohol

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As far as I am aware, in Tasmania you cannot be booked for being drunk at anchor. Neither can you be booked for being drunk under sail.



Certainly not the case in Queensland. You are regarded as operating a "vehicle" no matter what the form of propulsion.

A yachtie friend of mine was charged and convicted of DUI, for pushing a pushbike while intoxicated. I suspect he gave the coppers a bit of lip, because he spent the night in jail, and was brought before the magistrate in handcuffs. He got a $400 fine for his effort. I picked him up from the courthouse, a wiser and poorer man. That was in Gladstone, about 5 years ago.

Lee
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Old 29-04-2013, 20:03   #8
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Re: Sailing and alcohol

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My personal opinion (not legal) is that someone should still be the designated driver, because stuff happens.
I concur! Always want to be prepared and responsible if you are sailing solo.
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Old 29-04-2013, 20:03   #9
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Re: Sailing and alcohol

Its an offence to control a boat intoxicated here in WA, but I think the cops still dont have the right to breathalyse you onboard. I've never seen it. As a consequence the Swan is full of drunk boaties breaking the speed limit.
On 2nd thoughts maybe they should make this place more nana state like QLD.
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Old 29-04-2013, 20:28   #10
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Well, I can assure you that here in NJ, USA.. You will not only get the breathalyzer, you will get to walk a strait line as well. And you better have deep pockets as well, 1st offense will more than likely run you 10k when it's all said and done.
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Old 30-04-2013, 01:13   #11
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Re: Sailing and alcohol

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Well, I can assure you that here in NJ, USA.. You will not only get the breathalyzer, you will get to walk a strait line as well. And you better have deep pockets as well, 1st offense will more than likely run you 10k when it's all said and done.
I'd fail that test sober. Walking a straight line on a rocking boat.. how loaded is that?
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Old 30-04-2013, 01:34   #12
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Re: Sailing and alcohol

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Originally Posted by scottyjo View Post
Hi, Can I drop the sails & anchor for the night in a protected bay in australia, and enjoy a few drink?
It really depends on the individual state and the relevant legeslation. I am sure it is QLD where the skipper must remain under the limit even when anchored overnight? Maybe I remember reading about it becoming a bit of a heated debate in The Coastal Passage? It does not seem to be a problem in NSW, but make sure you display the proper anchor light.

A mate who is a merchant seaman told me a trick to get around this sort of issue is to drop two anchors, which makes you "moored"? Still, the Magistrate might not agree!
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Old 30-04-2013, 01:37   #13
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Re: Sailing and alcohol

In QLD tied up to a mooring or dock is fine but on the hook you can be nabbed for DUI and lose you car license too which sucks. I've been breathalysed once when fishing in my tinny (and I was sucking on a beer at the time!) but never in the yacht at anchor.
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Old 30-04-2013, 01:55   #14
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Re: Sailing and alcohol

I realize the OP was asking about Oz, but I would add that in the US, although it also varies by state, generally the skipper needs to meet the same DUII standards as auto drivers when underway and at anchor, but not tied up at the marina. Enforcement varies - not something to be tested however. And here in Oregon riding a bicycle (pushbike to some of you) is covered by the same traffic laws as automobiles, with the same DUII standards and fines (about $10k). I would doubt that applies to simply pushing the bike down the sidewalk, but I wouldn't want to test that either.

Greg
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Old 30-04-2013, 02:03   #15
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It's the same here in NC. No different than driving a car. You can be up to .08% BAC. I must add though that if you have a captains license you can't blow over .06% BAC at any time! Not even driving a car regardless of when your next outing is. They will revoke your license.
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