Sailing and alcohol

[doctorbill]

Please understand with this post I am quite aware of the risks of boating while intoxicated. I just feel like I don't fully understand the law and it's sort of hard to "look up" an answer to this question, so I am just wanting to understand the law better and be in compliance.

When I have passengers aboard I always considered myself as responsible for everyone's safety while aboard (consider myself as the owner also therefore 'captain"). I have also thought that even if I wasn't "the operator at the helm" that if stopped I could be cited for BUI since I was the "owner / captain." Not sure if this is correct. Can you elect a "designated helmsman" and allow the owner / captain to have a drink?

This is particularly interesting on a sailboat because at least on my boat I use an autohelm 80% of the time and may be in front of the helm or working sheets, or just sitting in cockpit while navigating and maintaining situational awareness. My wife is also capable of taking over at any time.

So anyway, is it as simple as "the person who was driving the boat" at the time of the stop?

[nwdiver]

You’re not at evening anchor, you don’t drink or consume cannabis period, in much of the world.......that’s the law in Canada, if different where you are I would take the above as a norm......

[Montanan]

As I understand maritime law, there is only one master of a vessel, the rest of the persons are crew or passengers.

BASICS of Maritime: Any and all alcohol [or drugs induced] impairment endangers All Hands.

Reference: https://www.fishermensvoice.com/arch...sAllHands.html

"Coast Guard Section Northern New England recently issued a press release stating that, “Vessel Masters and crew members have the responsibility to operate in a safe manner. Federal law makes it illegal for ANY crew member of a commercial vessel, including commercial fishing vessels, to be under the influence of drugs or alcohol. The blood alcohol content (BAC) limit that applies to all crew members on a commercial vessel is 0.04%. Marine employers and vessel Masters who permit crew members to be under the influence of drugs or alcohol while working on their vessels can be held civilly liable under federal law.”

Note that Operating Under the Influence (OUI) on a fishing vessel applies to all hands, not just the “driver” of the vessel, again reinforcing the idea that fishing vessels are considered work sites, not cars. Reaching the 0.04% BAC is surprisingly easy. Almost anyone over 130 pounds can reach this level after one drink of 12 ounces of beer, 4 ounces of wine, or 1-1/4 ounces of 80-proof hard liquor (www.ohsinc.com). At the 0.04% BAC level, coordination is impaired as are judgment and thinking. Moreover, research on pilots has found that the hangover period that follows drinking of three or four drinks (to the level of 0.10% BAC) can range from 8 to 14 hours. Thus crew members indulging in drinking on board or in port and returning to the vessel can be impaired through a good part of the next day."
"Civil penalty proceedings may be initiated against impaired crew, fines up to $7,000 can be imposed, and the Coast Guard could terminate the trip. In the spirit of mutual assistance that characterizes the maritime cultures and maritime law, crew members should help fellow crew keep a safe distance from alcohol impairment to ensure that “all hands” are safe and available to assist in an emergency on their vessel or another’s." It is not just about your boat, it is about your vessel's capability to render assistance at all times to other vessels.

A master may delegate duties to crew [tasks that are functional to the operation of a boat] and responsibilities / obligations to passengers, but delegation does not convey away the master's responsibility. There is no designated driver concept under COLREGS.

By way of example: A lookout must be maintained at all times, ALL times, and a person that is competent and capable must be in command.

There is having A drink, then there is having too much to drink. A single beer or glass of wine might not be an impairment of one's capabilities but may induce a BAC above the limit.

The captain is responsible for the safe and efficient operation of the ship*—*including its seaworthiness, safety and security, cargo operations, navigation, crew management, and legal compliance*—*and for the persons and cargo on board. There is never a time when the captain / master is allowed to shirk those responsibilities.

[boatman61]

You've opened a can of worms here..
A lot of folks are going to be indignant about having a drink underway and some even carping about a drink while anchored.
Personally the only folks I know who do neither are tee totalers.. the rest either have a drink on the hook or.. like me will crack a tube or have an evening sniffter with their meal.
Getting rat arsed however is playing with fire.

[thinwater]

The USCG uses the term "operator," which for recreational vessels means:


Operator means a person who is an owner, a demise charterer, or other contractor, who conducts the operation of, or who is responsible for the operation of, a vessel. A builder, repairer, scrapper, lessor, or seller who is responsible, or who agrees by contract to become responsible, for a vessel is an operator.


Obviously, this wording is intentionally broad. If it is your boat or you are responsible for the boat, expect acountability.



I'm not a zero-alcohol person, but I will not allow anyone on board to cross over the legal limit while underway, because that will likely increase the chance of them doing something dumb, like falling down or overboard. If they want a beer, that means one every 3 hours or so. Certainly, the helmsman must be well under the limit. This also depends on the weather and conditions. If they are challenging, no drinking. You shouldn't need it, if the sailing is that good!


Though I will admit to some college drinking sprees, I would not let anyone go beyond a few drinks in a shorter period, even at anchor or dock. Again, just too many ways for something bad to happen. There's just no point, and drunks are borish anyway.

[japawil]

According to uscgboating.org:

Enforcement and Penalties
The Coast Guard and every state have stringent penalties for violating BUI laws. Penalties can include large fines, suspension or revocation of boat operator privileges, and jail terms. The Coast Guard and the states cooperate fully in enforcement in order to remove impaired boat operators from the waters.

In waters that are overseen solely by the states, the states have the authority to enforce their own BUI statutes. In state waters that are also subject to U.S. jurisdiction, there is concurrent jurisdiction. That means if a boater is apprehended under Federal law in these waters, the Coast Guard will (unless precluded by state law) request that state law enforcement officers take the intoxicated boater into custody.

When the Coast Guard determines that an operator is impaired, the voyage may be terminated. The vessel will be brought to mooring by the Coast Guard or a competent and un-intoxicated person on board the recreational vessel. Depending on the circumstances, the Coast Guard may arrest the operator, detain the operator until sober, or turn the operator over to state or local authorities.

And:

If you want to make alcohol part of your day's entertainment, plan to have a party ashore at the dock, in a picnic area, at a boating club, or in your backyard. Choose a location where you'll have time between the fun and getting back into your car or boat.

If you dock somewhere for lunch or dinner and drink alcohol with your meal, wait a reasonable time (estimated at a minimum of an hour per drink) before operating your boat.

Having no alcohol while aboard is the safest way to enjoy the water intoxicated passengers are also at risk of injury and falls overboard.

What I get from the above is that anyone “operating” a vessel (which I would include crew) is legally obligated to remain un-intoxicated until such time as the vessel docked.
And, while they suggest it is wise for passengers to refrain from becoming intoxicated for reasons of safety, it is not illegal per se .

[Saleen411]

I've seen people argue that even on the hook the "captain" or designated operator shouldn't imbibe.

Reason is..... what if you HAVE to move the boat for whatever reason......anchor drag etc.

Sorry I can't cite chapter or verse if true.

[Pandor]

Originally Posted by doctorbill

Please understand with this post I am quite aware of the risks of boating while intoxicated. I just feel like I don't fully understand the law and it's sort of hard to "look up" an answer to this question, so I am just wanting to understand the law better and be in compliance.

When I hve passengers aboard I always considered myself as responsible for everyone's safety while aboard (consider myself as the owner also therefore 'captain"). I have also thought that even if I wasn't "the operator at the helm" that if stopped I could be cited for BUI since I was the "owner / captain." Not sure if this is correct. Can you elect a "designated helmsman" and allow the owner / captain to have a drink?

This is particularly interesting on a sailboat because at least on my boat I use an autohelm 80% of the time and may be in front of the helm or working sheets, or just sitting in cockpit while navigating and maintaining situational awareness. My wife is also capable of taking over at any time.

So anyway, is it as simple as "the person who was driving the boat" at the time of the stop?

Rather than take forum members opinions on the matter, the US federal regulations for operating a vessel are contained in 33 CFR 95 (below). As to your specific questions:

Q: Can you elect a "designated helmsman" and allow the owner / captain to have a drink?
A: Yes. However, even if you have a designated helmsman, an operator of a recreational vessel is defined as an individual that has an essential role in the operation of a recreational vessel underway, including but not limited to navigation of the vessel or control of the vessel's propulsion system. Note that even if you are the owner and never relinquish the helm, you may still legally consume alcohol (even while steering). The requirement is that you do not drink to the point of being under the influence.

Q: How is under the influence defined?
A: The individual is operating a recreational vessel and has a Blood Alcohol Concentration (BAC) level of .08 percent or more, by weight, in their blood; The individual is operating a vessel other than a recreational vessel and has an alcohol concentration of .04 percent by weight or more in their blood; or,The individual is operating any vessel and the effect of the intoxicant(s) consumed by the individual on the person's manner, disposition, speech, muscular movement, general appearance or behavior is apparent by observation.

§95.015 Operating a vessel.
For purposes of this part, an individual is considered to be operating a vessel when:

(a) The individual has an essential role in the operation of a recreational vessel underway, including but not limited to navigation of the vessel or control of the vessel's propulsion system.

(b) The individual is a crewmember (including an officer), pilot, or watchstander not a regular member of the crew, of a vessel other than a recreational vessel.

[CGD 84-099, 52 FR 47532, Dec. 14, 1987, as amended at USCG-2006-24371, 74 FR 11211, Mar. 16, 2009]

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§95.020 Standard for under the influence of alcohol or a dangerous drug.
An individual is under the influence of alcohol or a dangerous drug when:

(a) The individual is operating a recreational vessel and has a Blood Alcohol Concentration (BAC) level of .08 percent or more, by weight, in their blood;

(b) The individual is operating a vessel other than a recreational vessel and has an alcohol concentration of .04 percent by weight or more in their blood; or,

(c) The individual is operating any vessel and the effect of the intoxicant(s) consumed by the individual on the person's manner, disposition, speech, muscular movement, general appearance or behavior is apparent by observation.

[CGD 84-099, 52 FR 47532, Dec. 14, 1987; CGD 84-099, 53 FR 13117, Apr. 21, 1988, as amended by USCG-1998-4593, 66 FR 1862, Jan. 10, 2001]

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§95.025 Adoption of State blood alcohol concentration levels.
(a) This section applies to operators of recreational vessels on waters within the geographical boundaries of any State that has established by statute a blood alcohol concentration level for purposes of determining whether a person is operating a vessel under the influence of alcohol.

(b) If the applicable State statute establishes a blood alcohol concentration level at which a person is considered or presumed to be under the influence of alcohol, then that level applies within the geographical boundaries of that State instead of the level provided in §95.020(a) of this part.

(c) For the purposes of this part, a standard established by State statute and adopted under this section is applicable to the operation of any recreational vessel on waters within the geographical boundaries of the State.

[Pandor]

Originally Posted by Montanan

As I understand maritime law, there is only one master of a vessel, the rest of the persons are crew or passengers.

BASICS of Maritime: Any and all alcohol [or drugs induced] impairment endangers All Hands.

Reference: https://www.fishermensvoice.com/arch...sAllHands.html

"Coast Guard Section Northern New England recently issued a press release stating that, “Vessel Masters and crew members have the responsibility to operate in a safe manner. Federal law makes it illegal for ANY crew member of a commercial vessel, including commercial fishing vessels, to be under the influence of drugs or alcohol. The blood alcohol content (BAC) limit that applies to all crew members on a commercial vessel is 0.04%. Marine employers and vessel Masters who permit crew members to be under the influence of drugs or alcohol while working on their vessels can be held civilly liable under federal law.”

Note that Operating Under the Influence (OUI) on a fishing vessel applies to all hands, not just the “driver” of the vessel, again reinforcing the idea that fishing vessels are considered work sites, not cars. Reaching the 0.04% BAC is surprisingly easy. Almost anyone over 130 pounds can reach this level after one drink of 12 ounces of beer, 4 ounces of wine, or 1-1/4 ounces of 80-proof hard liquor (www.ohsinc.com). At the 0.04% BAC level, coordination is impaired as are judgment and thinking. Moreover, research on pilots has found that the hangover period that follows drinking of three or four drinks (to the level of 0.10% BAC) can range from 8 to 14 hours. Thus crew members indulging in drinking on board or in port and returning to the vessel can be impaired through a good part of the next day."
"Civil penalty proceedings may be initiated against impaired crew, fines up to $7,000 can be imposed, and the Coast Guard could terminate the trip. In the spirit of mutual assistance that characterizes the maritime cultures and maritime law, crew members should help fellow crew keep a safe distance from alcohol impairment to ensure that “all hands” are safe and available to assist in an emergency on their vessel or another’s." It is not just about your boat, it is about your vessel's capability to render assistance at all times to other vessels.

A master may delegate duties to crew [tasks that are functional to the operation of a boat] and responsibilities / obligations to passengers, but delegation does not convey away the master's responsibility. There is no designated driver concept under COLREGS.

By way of example: A lookout must be maintained at all times, ALL times, and a person that is competent and capable must be in command.

There is having A drink, then there is having too much to drink. A single beer or glass of wine might not be an impairment of one's capabilities but may induce a BAC above the limit.

The captain is responsible for the safe and efficient operation of the ship*—*including its seaworthiness, safety and security, cargo operations, navigation, crew management, and legal compliance*—*and for the persons and cargo on board. There is never a time when the captain / master is allowed to shirk those responsibilities.

It seems pretty silly that you are referring to rules for commercial operators when the question asked was clearly about recreational vessels. I certainly wouldn't interfere with anyone putting in place any rules on their own boat. But 0.04 BAC is meant only to apply to those merchant mariners that are professionally operating a vessel. The truth is that all crew (deckhand, mate, or engineer) operating a commercial vessel are not even prohibited from drinking aboard while underway as long as they don't drink within 4 hours of standing watch and as long as they don't exceed 0.04 BAC.

Your statement about one drink putting someone who weighs more than 130lbs over that limit is also false. Perhaps you meant less than 130 lbs, but even so.

[Uricanejack]

Originally Posted by Montanan

As I understand maritime law, there is only one master of a vessel, the rest of the persons are crew or passengers.

BASICS of Maritime: Any and all alcohol [or drugs induced] impairment endangers All Hands.

Reference: https://www.fishermensvoice.com/arch...sAllHands.html

"Coast Guard Section Northern New England recently issued a press release stating that, “Vessel Masters and crew members have the responsibility to operate in a safe manner. Federal law makes it illegal for ANY crew member of a commercial vessel, including commercial fishing vessels, to be under the influence of drugs or alcohol. The blood alcohol content (BAC) limit that applies to all crew members on a commercial vessel is 0.04%. Marine employers and vessel Masters who permit crew members to be under the influence of drugs or alcohol while working on their vessels can be held civilly liable under federal law.”

Note that Operating Under the Influence (OUI) on a fishing vessel applies to all hands, not just the “driver” of the vessel, again reinforcing the idea that fishing vessels are considered work sites, not cars. Reaching the 0.04% BAC is surprisingly easy. Almost anyone over 130 pounds can reach this level after one drink of 12 ounces of beer, 4 ounces of wine, or 1-1/4 ounces of 80-proof hard liquor (www.ohsinc.com). At the 0.04% BAC level, coordination is impaired as are judgment and thinking. Moreover, research on pilots has found that the hangover period that follows drinking of three or four drinks (to the level of 0.10% BAC) can range from 8 to 14 hours. Thus crew members indulging in drinking on board or in port and returning to the vessel can be impaired through a good part of the next day."
"Civil penalty proceedings may be initiated against impaired crew, fines up to $7,000 can be imposed, and the Coast Guard could terminate the trip. In the spirit of mutual assistance that characterizes the maritime cultures and maritime law, crew members should help fellow crew keep a safe distance from alcohol impairment to ensure that “all hands” are safe and available to assist in an emergency on their vessel or another’s." It is not just about your boat, it is about your vessel's capability to render assistance at all times to other vessels.

A master may delegate duties to crew [tasks that are functional to the operation of a boat] and responsibilities / obligations to passengers, but delegation does not convey away the master's responsibility. There is no designated driver concept under COLREGS.

By way of example: A lookout must be maintained at all times, ALL times, and a person that is competent and capable must be in command.

There is having A drink, then there is having too much to drink. A single beer or glass of wine might not be an impairment of one's capabilities but may induce a BAC above the limit.

The captain is responsible for the safe and efficient operation of the ship*—*including its seaworthiness, safety and security, cargo operations, navigation, crew management, and legal compliance*—*and for the persons and cargo on board. There is never a time when the captain / master is allowed to shirk those responsibilities.

Be that as it may, interesting ect.

It applies to commercial fishing vessels. Not recreational vessels.

[Mike OReilly]

My understanding of the law (in Canada) is that the operator must be below the legal limit while the boat is underway. We cruise as a couple, so we just don't drink booze while the boat is moving.

Once the anchor is securely down, or we're tied up to a dock, the beers come out.

[Uricanejack]

Originally Posted by doctorbill

Please understand with this post I am quite aware of the risks of boating while intoxicated. I just feel like I don't fully understand the law and it's sort of hard to "look up" an answer to this question, so I am just wanting to understand the law better and be in compliance.

When I have passengers aboard I always considered myself as responsible for everyone's safety while aboard (consider myself as the owner also therefore 'captain"). I have also thought that even if I wasn't "the operator at the helm" that if stopped I could be cited for BUI since I was the "owner / captain." Not sure if this is correct. Can you elect a "designated helmsman" and allow the owner / captain to have a drink?

This is particularly interesting on a sailboat because at least on my boat I use an autohelm 80% of the time and may be in front of the helm or working sheets, or just sitting in cockpit while navigating and maintaining situational awareness. My wife is also capable of taking over at any time.

So anyway, is it as simple as "the person who was driving the boat" at the time of the stop?

My understanding. This comes up with small fast runabout motor boat.
It’s not always clear, and operator can just mean the person at the controls.

Larger vessels more traditional expectations of roles applies.
The skipper, Master. Captain or operators would be the person in charge of the boat.
The person in charge could also be the person on watch. Eg the skipper is taking a break.

As a Canadian who wanders into US waters. I perhaps foolishly think the rules are similar.
The quote 004 is a bit of a surprise I expected 008 not that I know how much this is.
004 even as a 200 pounder could be an issue. If I have more than 1.

Public consumption of alcohol is not permitted in My Province BC, not sure about WA or OR. presumably not.
My boat is considered my “Home” similar to a campsite, So when at anchor or tied to a dock, “I am considered to be at home”

underway even though my boat may be my home, As skipper, I would have to remain sober just like driving, under the prevailing limit.

crew more complicated,
Are my guests crew or passengers.

This may not be reliable in court, just makes common sense to me.
If someone is actively helping me to sail the boat. They are crew,
Particularly if they keep a watch on deck when I go down bellow.

If they are just a guest along for the ride. They are not.

It’s not something I worry much about, while I do enjoy an occasional drink.
It’s not something I do much off. Often not drinking at all.

Some of my friends enjoy more than I do. Some less.
Those who’s judgment I trust and am comfortable with may come sailing with me and suite themselves.

I don’t worry much about the law.
My biggest concern is the ride in the tender back to the boat.

[Pandor]

The quote 004 is a bit of a surprise I expected 008 not that I know how much this is.

The level in US is 0.08 for all recreational craft. No worries there.

[Montanan]

Y'all putting too much emphasis on the BAC which is a chemical test result wherein a sobriety test result is much more likely the reason for your arrest.

Also, of keen note that there are often more than one person that is involved in operating a vessel, particularly a sailboat, unless that one person [marine equivalent of a designated driver] is fully capable of singlehanding the vessel while underway.

Of important distinction as to the applicability of BUI, there is the legal definition:
"Underway means that a vessel is not at anchor, or made fast to the shore, or aground."

§ 95.015 Operating a vessel.
For purposes of this part, an individual is considered to be operating a vessel when:

(a) The individual has an essential role in the operation of a recreational vessel underway, including but not limited to navigation of the vessel or control of the vessel's propulsion system.

(b) The individual is a crewmember (including an officer), pilot, or watchstander not a regular member of the crew, of a vessel other than a recreational vessel.

§95.020 Standard for under the influence of alcohol or a dangerous drug.
An individual is under the influence of alcohol or a dangerous drug when:

(a) The individual is operating a recreational vessel and has a Blood Alcohol Concentration (BAC) level of .08 percent or more, by weight, in their blood;

(b) The individual is operating a vessel other than a recreational vessel and has an alcohol concentration of .04 percent by weight or more in their blood; or,

(c) The individual is operating any vessel and the effect of the intoxicant(s) consumed by the individual on the person's manner, disposition, speech, muscular movement, general appearance or behavior is apparent by observation

33 CFR § 95.030 - Evidence of under the influence of alcohol or a dangerous drug.
CFR
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§ 95.030 Evidence of under the influence of alcohol or a dangerous drug.
Acceptable evidence of when a vessel operator is under the influence of alcohol or a dangerous drug includes, but is not limited to:

(a) Personal observation of an individual's manner, disposition, speech, muscular movement, general appearance, or behavior; or,

(b) A chemical test.

§ 95.035 Reasonable cause for directing a chemical test.
(a) Only a law enforcement officer or a marine employer may direct an individual operating a vessel to undergo a chemical test when reasonable cause exists. Reasonable cause exists when:

(1) The individual was directly involved in the occurrence of a marine casualty as defined in Chapter 61 of Title 46, United States Code, or

(2) The individual is suspected of being in violation of the standards in §§ 95.020 or 95.025.

(b) When an individual is directed to undergo a chemical test, the individual to be tested must be informed of that fact and directed to undergo a test as soon as is practicable.

(c) When practicable, a marine employer should base a determination of the existence of reasonable cause, under paragraph (a)(2) of this section, on observation by two persons.

§ 95.040 Refusal to submit to testing.
(a) If an individual refuses to submit to or cooperate in the administration of a timely chemical test when directed by a law enforcement officer based on reasonable cause, evidence of the refusal is admissible in evidence in any administrative proceeding and the individual will be presumed to be under the influence of alcohol or a dangerous drug.

(b) If an individual refuses to submit to or cooperate in the administration of a timely chemical test when directed by the marine employer based on reasonable cause, evidence of the refusal is admissible in evidence in any administrative proceeding.


§ 95.045 General operating rules for vessels inspected, or subject to inspection, under Chapter 33 of Title 46 United States Code.
While on board a vessel inspected, or subject to inspection, under Chapter 33 of Title 46 United States Code, a crewmember (including an officer), pilot, or watchstander not a regular member of the crew:

(a) Shall not perform or attempt to perform any scheduled duties within four hours of consuming any alcohol;

(b) Shall not be intoxicated at any time;

(c) Shall not consume any intoxicant while on watch or duty; and

(d) May consume a legal non-prescription or prescription drug provided the drug does not cause the individual to be intoxicated.

[doctorbill]

Great discussion and appreciate the answers, especially your inputs Pandor.

The funny thing is if you approach your local coast guard guys and ask them these questions you will likely get varying answers.

And to clarify my question was specifically about recreational "sailing vessels."

It seems more clear to me that on a power boat "runabout" style day vessel it is the person driving the boat at the time. (Similar to a car, if I as the owner am not driving and my friend is driving and intoxicated, it's only him who is getting a DUI, not the owner / occupant, regardless of their sobriety or intoxication).