Alcohol Limits

[Tinshack]

Hi All, just interested in the laws regarding being over the limit when you are either anchored or mored. I understand as you are the skipper you are responsible for the saftey of all onboard. Just curious if the limits are when you are just underway or is it all cases when you are on the water, full stop.

Thanks Dave.

[Triple]

For QLD -
Recreational ships

The skipper must have a blood alcohol limit of less than 0.05, the same rules as on the road. The skipper is also responsible for the safety of the passengers and should be responsible for their alcohol consumption. The effects of alcohol are enhanced while on the water due to the sun, wind, waves and constant motion. Reflexes and response times to emergencies are slowed and swimming ability deteriorates considerably.
Skippers of recreational boats should also be aware that, when their boat is anchored, it may still be considered to be used for navigation, and the blood alcohol limit applies. The limit does not change unless the boat is securely moored in a marina, to a jetty or wharf or on a swing mooring.
Commercial ships

The rules for commercial ships are different to those for recreational ships. The blood alcohol limit for a skipper whilst in charge of a class 1 commercial ship is zero.
Section 79 of the Transport Operations (Road Use Management) Act 1995 (PDF, 1.2MB) (http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/T/TrantOpRUA95.pdf) refers to driving and so on whilst under influence of liquor or drugs or with prescribed concentration of alcohol in blood or breath.
Suspension of a marine licence

If the holder of any marine licence has been convicted of a drink driving offence in a road motor vehicle, their marine licence can be cancelled or suspended.

From here - http://www.msq.qld.gov.au/Safety/Alcohol-rules.aspx

[Yellowjack]

Skippers of recreational boats should also be aware that, when their boat is anchored, it may still be considered to be used for navigation, and the blood alcohol limit applies. The limit does not change unless the boat is securely moored in a marina, to a jetty or wharf or on a swing mooring.



From http://www.msq.qld.gov.au/Safety/Alcohol-rules.aspx

[googarra]

Same law applies to vehicles or vessels, precisely, same limits, same everything, same common sense, not all that common:

This section of the Traffic Regulations says exactly that, vehicle or vessel, mostly applies to road users, and that is what most are charged with

Absolutely no different from being at the wheel of a car, or at the wheel of a boat, if anything, being _IN_ a Boat will mean the same thing.

'Did Drive' or 'In charge' means exactly the same thing as far as laws are applied.

5 points need to be thought about if police are to rbt, take further breath test if YOUR ARE NOT UNDER WAY.

The most important issue is that the keys are not in the ignition

Previous post just recently explained this, 5 points of law need to be fullfilled if you are found FOP in a boat or car.

Now we all can argue this or that, or what if, or what about this, but, IF YOU ARE THE SKIPPER OF A BOAT WITH THE KEYS IN THE IGNITION, YOU ARE IN CHARGE OF THE VESSEL.

I have been asked countless times in a previous career in the Justice/Legal system "How can I not be pinched for drink driving"

Its really simple, Dont drink anything if you are going to drive or be be 'In Charge' of a vehicle or vessel, not rocket science

[Tinshack]

Hi Triple,
thanks, that is very black & white, was thinking that was the case especially if you are self anchored.

I am not sure if the mooring points in Fitzroy Lagoon would they be considered as secure mooring points, I am not sure what a swing mooring is.

Most trips I am not the skipper but next trip I will be, so best to play it safe.

Cheers,
Dave.

[googarra]

Not being completely up to date with current Leglislation regarding boats, BUT, being moored, partly moored, under way, not under way, helping someone, anchored, running around inside the boat fishing, drifting, and any other scenerio you could think of puts you 'IN CHARGE OF THE VESSEL".

I cannot make this any clearer than this.

If you have a designated 'skipper' in the boat GIVE HIM THE KEYS if you want to have a beer

If not WEAR THE CONSEQUENCES

[PinHead]

I doubt where the keys are located on the boat make any difference..if anchored and you are the skipper and you are over then you will probably be booked.

To be honest, any skipper that goes out and goes over the limit deserves to be booked...same as on the roads.

[googarra]

Where the keys are located means ALL, dont give legal advice without some form of qualification

[googarra]

Do you want me to paste some legal matters on this????

[Aussie123]

There is recognized mooring areas/zones along the entire east coast and if you are anchored in one you can drink.

[Richo1]

I was secured to a mooring one night in a 42" yacht, we had a few beers and went to bed (was not drunk or over the limit - just a few beers). It was blowing about 20knots and as I was the skipper I decided to set my alarm and wake up every 2 hours just to make sure all was ok. After checking the mooring all night, at 4am, noting the wind had dropped off, i decided not to reset my alarm and have a sleep in. I woke roughly 2 hours later to a different motion and the sun shining in through the transom port hole. The mooring rope had parted and we were drifting over shallow reef 3 miles away from the mooring......:/ Turns out the mooring rope had been wrapped around the concrete block a few times and chaffed through.... Moral of the story, don't trust a mooring

[Rodpal]

Here is the charge, I have typed it thousands of times"""""""" should I expose myself - RETIRED

That on the 20th day of April 2012 one "you you you":, in the Magistrates Court District of somewhere in Qld in the State of Queensland you, a stupid, boat driver did drive, or was in charge of, a vehicle or vessel name a tinny on a road namely, or a ocean ,namely some near Cairns, with a blood alcohol concerntration namely blah blah ####in blah of .58 concerntration blah blah &^%^$#$

See you in Court



IF YOU CANNOT ADAPT TO GOING FISHING WITHOUT GETTING FOP, STAY HOME

For someone as intelligent as you .. you sure have a drama with your spelling .. or is it just your keyboard lol

Loved your post man .. anyway the weather looks great so i'm about to go hook one up (touch wood) not knock one down and its that simple

Funny thing is some may get away with knocking a couple down while boopin around the ocean but then you've gotta hook the boat up and return everyone home safely again .. 0.05 tough call .. so where does the responsibility of a skipper end ??

what if a crew member had a couple on board with you and has to drive 500m up the road or say 50km .. what would be the duty of care/ liability of the skipper in this scenario if that journey went south ?? (muliple fatalities, coroner etc) any insight on that one

cheers
Rod

[PinHead]

Not being completely up to date with current Leglislation regarding boats, BUT, being moored, partly moored, under way, not under way, helping someone, anchored, running around inside the boat fishing, drifting, and any other scenerio you could think of puts you 'IN CHARGE OF THE VESSEL".

I cannot make this any clearer than this.

If you have a designated 'skipper' in the boat GIVE HIM THE KEYS if you want to have a beer

If not WEAR THE CONSEQUENCES

googarra..you are pertaining to be giving out legal advice however it is flawed..you will not be booked or even tested if the boat is moored as per the link posted in another post: "The limit does not change unless the boat is securely moored in a marina, to a jetty or wharf or on a swing mooring."

People have also gone DUI when in a wheelchair and even last year an esky ..dunno what the keys have to do with anything. I also know a bloke that got booked coming back into Horizon Shores several years back..in a row boat.

I do agree..don't have a drink and nothing to worry about..when I went fishing in the tinny alone I never took any alcohol..on fishing trips in the Striper..ditto. When I had the cruiser I did drink at times when at anchor and was probably over 0.05 but I had my bases covered on that one.

[ozscott]

Do you want me to paste some legal matters on this????

Yep why not. Legislation and some common law decisions in relation to being in charge of a boat (not car) whilst having a prescribed BAC should do the trick and give a better understanding albeit one size will not fit all because a Magistrate will still be interpreting legislation and applying it to slightly different facts each time.

[WalrusLike]

There is recognized mooring areas/zones along the entire east coast and if you are anchored in one you can drink.

Dunno if this is right.... From the above posts my impression is that you are ok only if 'moored' or tied to a pontoon etc.

Anchored is not as secure as moored (despite the unlucky parting of a mooring line mentioned above.... Hope it didn't touch reef).

And basically it comes down to the copper..... If they decide to bag and book you, then you are in strife no matter what the legality is.

At that point you can cop the penalty or go to court.... and neither option is going to be fun.

[Mister]

Re keys in ignition has been discussed many times with water police and fisheries and has absolutely no bearing on anything if they are in the ignition or not, you are in charge regardless of where the keys are and quite frankly some should stop at trying to self justify themselves. Outside of a marina it is totally irrelvant and the only place I am aware of where a ligher view is taken is an anchorage called the "bedroom" but be assured there is nothing legal about it.

[Crunchy]

I navigate better when I'm pissed.

[Rodpal]

Well it looks like the post from googarra i quoted in post 12 was edited by the moderators at 0415 this morning, then the original post deleted (and rightfully so cos she was pretty full on altho a cracker of a read) nevertheless it drove his point home and got me thinking a couple of steps further down the line .....

[Horse]

I am yet to hear of anyone being boarded by police and tested in a recognised anchorage if they are minding their business. If conditions changed and a mishap occurs then skipper could easily be tested and found guilty if over 0.05.

[TheRealAndy]

Where the keys are located means ALL, dont give legal advice without some form of qualification

Not sure what you mean by this, but I was out sailing tonight on my yacht, and the only keys it has are for the companionway and cockpit locker! I still have to be under the limit, and you don't need keys to drive a yacht.


Common sense is more valuable than law on a boat if you are interested in self preservation. There are times at anchor that I will get pissed, and there are times that I wont. The times that I do a rare, and its usually in a well protected anchorage where I have a stern line to shore tied to a very large tree. I just don't have enough faith in anchors to do otherwise.

I am not sure about anyone else here, but I have never seen the cops on water at night in my 25 odd years of boating on moreton bay and other places But I don't really care. I enjoy life to much to put myself into stupid risky situations.

[TheRealAndy]

I navigate better when I'm pissed.

Lol. yeah nice once Crunchy! I bet you sing better when you are pissed to! :lolk:

[bigjimg]

I drink at home.I fish,wakeboard,ski, when on the water.Simple.Jim

[Blythy]

Just a thought...
If there are 5 blokes on a boat at anchor, all have licences, all are pissed, one of the guys has the keys in his pocket, guess which one gets booked?

[Corry]

Who owns the boat. We chased up this legality alot when we were hiring a houseboat at Hinchinbrook. Who is responsible, what were the rules as to who can drink and where. Basically, we kept one person under the limit at all times. We only had a drink when we were connected to a secure mooring point that they direct you to.
I do enjoy a drink when out in the boat, rarely do I get pissed, but reckon I've done some trips out when a bit under the weather from the night before.

Cheers
Corry