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Old 26-11-2016, 21:18   #1
Heg
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Alcohol consumption whilst at anchor

Hi
Here in Queensland, Australia it is illegal for the captain of a boat to be over 0.05 Blood alcohol concentration whilst underway or at anchor. A mooring does not fall under this restriction.

I am somewhat confused by the many You Tube videos and blogs that abound ,that show folks at anchor for days or weeks, yet indulging in what can only be considered as an amount that would be a 'tad over the limit' Is this particular rule only applicable in Australia?
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Old 26-11-2016, 21:29   #2
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Re: Alcohol consumption whilst at anchor

It varies. Even in Australia the laws are different in each state - but you are correct for Queensland.
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Old 26-11-2016, 21:37   #3
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Re: Alcohol consumption whilst at anchor

Heg, really glad you raised the subject.
For years there has been a boat on it's mooring opposite & and 200m to the east of Birkenhead Point (syd, aus). Boat name "DRIFTWOOD"
The bloke who used to own it was know locally as "Harry Driftwood" Harry used to take pride in motoring his little dinghy home from the boozer, standing up whilst using a tiller ext.
One day Harry was found floating, long deceased.

Your question addresses the legality of being legless (or over .05) whilst at anchor. I think that the law sucks.
Again, iirc, Harry left a loving daughter and probably others who loved him.
In my strongly held view there is NO place on any boat, moored even, where the skipper could legally not drive a car. I.e. .05.
Some people, especially those with dope in their system, aren't even safe at .05.

One or two drinks works for me.

Thanks for the opportunity Heg, your question not answered by me but others maybe.
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Old 27-11-2016, 12:28   #4
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Re: Alcohol consumption whilst at anchor

Check out the rules for NSW, Heg, too. Ultimately the degree of alcohol consumption is not likely to be enforced unless there is some kind of problem, so it's back to being a health or safety choice for most people. Do you want to be impaired or have the risk of being impaired? Of course, if there were a collision, and your blood alcohol level was over the legal limit, you would be at fault, with all the sequelae for insurance and/or jail time and lawsuit that might imply.

In your own situation, with not a lot of experience, and facing a longish delivery in a new-to-you vessel, I would think a dry boat for the whole of the delivery would make sense. It is clear, everybody involved would agree beforehand. Celebratory champagne at post-delivery party. Maybe something like that would work for you guys.

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Old 27-11-2016, 12:44   #5
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Re: Alcohol consumption whilst at anchor

Basically the same law exists in most places in the US, though as long as one person is under the limit there is no problem. A designated helmsman so to speak.
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Old 27-11-2016, 13:21   #6
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Re: Alcohol consumption whilst at anchor

In Canada it is legal to drink while at anchor on a typical cruising boat (one that has a permanent sleeping facilities, permanent cooking facilities and a permanent toilet). Anchoring is equivalent to being fixed to land, so is treated the same as being moored or docked. It is illegal to operate a boat with more than .08 blood alcohol (same as driving), but it is perfectly legal to consume on a typical cruising vessel while at anchor.

The rule on our boat is that while we are underway there is no drinking by either of us (we are a two-person crew). But the beer comes out once the anchor is securely down, and assuming nothing ugly is predicted.
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Old 27-11-2016, 13:28   #7
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Re: Alcohol consumption whilst at anchor

This is why I and I's boat ain't in Australia.

The fun police in 6 months boarded me more times than the rest of the world in 8 years.

Here in the Caribbean you would be insulting the French Gendarmerie if you did not partake of a fine Bordeaux at anchor...

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Old 27-11-2016, 13:43   #8
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Re: Alcohol consumption whilst at anchor

Quote:
Originally Posted by Ann T. Cate View Post
Check out the rules for NSW, Heg, too. Ultimately the degree of alcohol consumption is not likely to be enforced unless there is some kind of problem, so it's back to being a health or safety choice for most people. Do you want to be impaired or have the risk of being impaired? Of course, if there were a collision, and your blood alcohol level was over the legal limit, you would be at fault, with all the sequelae for insurance and/or jail time and lawsuit that might imply.

In your own situation, with not a lot of experience, and facing a longish delivery in a new-to-you vessel, I would think a dry boat for the whole of the delivery would make sense. It is clear, everybody involved would agree beforehand. Celebratory champagne at post-delivery party. Maybe something like that would work for you guys.

Ann
Hi Ann
We have no intention of drinking alcohol whilst on delivery or while the boat is underway EVER. I don't ever touch a drop when driving , so don't intend to change that when sailing.
I am talking about instances when we are spending days or weeks at anchor in an anchorage.....
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Old 27-11-2016, 13:46   #9
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Re: Alcohol consumption whilst at anchor

I have assumed the at anchor rule is more for the fishing boat type event were it is clear the skipper will drive the boat from that spot and this then gives the police the right to book him/her knowing they were going to leave.

I would be surprised/disappointed if someone was booked who was clearly set up for the night anchored somewhere less crowded. The Canadian rule Mike above sets out seems fairer and gives the distinction.

I buy Hans Ultra - a sippy cup bear - less than 1%/volume. Tastes like real bear and you don't feel so left out when everyone else is having a drink.
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Old 27-11-2016, 13:47   #10
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Re: Alcohol consumption whilst at anchor

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Old 27-11-2016, 14:13   #11
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Re: Alcohol consumption whilst at anchor

Quote:
Originally Posted by Mike OReilly View Post
In Canada it is legal to drink while at anchor on a typical cruising boat (one that has a permanent sleeping facilities, permanent cooking facilities and a permanent toilet). Anchoring is equivalent to being fixed to land, so is treated the same as being moored or docked. It is illegal to operate a boat with more than .08 blood alcohol (same as driving), but it is perfectly legal to consume on a typical cruising vessel while at anchor.

The rule on our boat is that while we are underway there is no drinking by either of us (we are a two-person crew). But the beer comes out once the anchor is securely down, and assuming nothing ugly is predicted.
Bang on, Mike.

I'd only add that as skipper I am responsible for the boat and crew at all times, and need to moderate any alcohol use to fulfill that responsibility. Tied up to the dock, not so difficult - not many bad things that can happen. At anchor, more factors to consider and to be prepared to deal with - alcohol consumption much more moderate, even in protected anchorages.
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Old 28-11-2016, 08:29   #12
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Re: Alcohol consumption whilst at anchor

I really don't drink much anymore, but I have seen Canadians falling off their boats in Mexico. In 1976 I was anchored at Yellowbanks, on Santa Cruz Island, California, on Fourth of July, in my 26' double ended, wooden ketch. I was more of a pot smoker then and my wife and I smoked up a storm watching fireworks launched from boats. There were two 65'+ yachts just inland from us that had loud raucous drinking parties going until well after we retired. Sometime after midnight we were awoken by drunken revelers on both boats yelling obsenities at us because a strong breeze had come up and we had dragged anchor between those boats. It was too strong of a breeze to scull or row against so we raised the jib and the mizzen and tacked out far and reanchored. At dawn we were awoken by cannons going off, and rushed on deck. A full Santa Ana wind was blowing maybe 50 kts right into the anchorage, and one of those two big boats was in the surf. The booming was their keel pounding on the shore as it was dropped by the waves. No moral here, just remembering. Oh yeah, there is sort of a moral. We were at Santa Cruz because I had taken a month off work to try to save my marriage, it didn't work, and twenty years later I read an article in the travel section of the paper by a pschologist saying it won't ever work, save your money and go on a vacation to celebrate after you have ended that relationship. Woulda, coulda shoulda.
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Old 28-11-2016, 08:36   #13
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Re: Alcohol consumption whilst at anchor

When anchored, you can never be sure you won't have to operate the boat on short notice. It's not like being docked at a marina.

Law or no law, it's best to stay sober when anchored. And you might need another sober person as well to handle the anchor.
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Old 28-11-2016, 08:39   #14
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Re: Alcohol consumption whilst at anchor

I enjoy an adult beverage after a long day and finally at anchor but as a solo sailor I never know when I have to get back to work. Bad weather, shifting winds, current, sickness or accident. I do not think it is wise to ever be in a condition that would impact your ability to take the helm and get underway. If you have to get drunk go to shore and rent a room.
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Old 28-11-2016, 10:16   #15
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Re: Alcohol consumption whilst at anchor

A "proper watch" shall be kept at all times.....
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