Drunk behind the boat wheel...
Submitted by Joodles on Thu, 2011-05-26 14:19
We had the discussion earlier about people drinking on your boat and your opinions on it, but what's the law regarding the skipper drinking? Can you be fined for being over .05 whilst in control of a boat in WA. I don't usually think twice before swiggin a few beers on my boat. Only take into regard the drive home!
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The_Wanderer
Posts: 735
Date Joined: 24/09/08
Jooles I would be
Jooles I would be carefull.... esspecially if something went wrong and the "victim" sued for negligence. Best to keep to the legal requirement I reckon.
Joodles
Posts: 362
Date Joined: 19/11/10
which is my question!
which is my question!
cudbfishn
Posts: 1311
Date Joined: 06/04/09
I think you can get fined on
I think you can get fined on the swan. Dunno about the open ocean.
slam
Posts: 168
Date Joined: 09/09/09
Court case
Court case going on at present on the news where a passenger on a rec boat got badly injured & i think the skipper was under the influence. I think they were also talking about third party insurance being compulsory on boats as cars. Then again if you are pissed the insurance would bail anyway!
Wouldn't have a problem if they could fine you whilst in charge of a boat under the influence. I certainly wouldn't want to be on a boat with a pissed skipper!!
Lastchance
Posts: 1273
Date Joined: 02/02/09
There is no legal limit
There is no legal limit whilst driving a boat. Also, there is no come back on insurance is an event occurs whilst under the influence - the only way is to prove negligence (correct me if Im wrong)
In regards to indemnity, liability or civil court actions, they can happen anywhere and under any circumstance - the old story of the wakeboarder sueing the skipper when he hit a channel marker, who is really at fault? Dont pass the blame. If you arent prepared to accept all potentials, get out ot the game - basically, shit happens and when it does you have to be prepared to accept the consequences.
Drinking whilst on the boat is no worries. If there are any dramas with pissed idiots, sort it out. Simple!
Nothing better than having a beer out on the water.
Ringy35
Posts: 138
Date Joined: 30/04/11
I know they got .05 over east
I know they got .05 over east on boats.... not sure bout over here, but im with you, I love frothies!!! and they taste even better on the water reelin em in.
NOHA
Posts: 914
Date Joined: 24/06/07
There is a law..
Section 59(2) of the Western Australian Marine Act 1982 states: "No person shall navigate or attempt to navigate a vessel while under the influence of alcohol or drugs to such an extent as to be incapable of having proper control of the vessel", with a penalty of $1,000.
BUT..
http://au.news.yahoo.com/thewest/a/-/breaking/8076525/random-tests-likely-for-boaties/
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synthos
Posts: 522
Date Joined: 23/06/07
love it noha
I love the actual legal quote from noha "to such an extent as to be incapable of having proper control of the vessel" its actually a fair assesmet mind you for me that would be 1/2 bottle of vodka and I am still in controll of my vessel its very open ended but up to each induviduals judgment but then who sasy you were to drunk to operate properly ?
Tony Halliday
Posts: 2500
Date Joined: 14/06/07
exactly, in other words they
exactly, in other words they can't have you up unless you are totally out of control and a paralytic drunk!
more than once has the water police had to stop a chap on the river and let him go because he is " in control still", then have the chap bust as he trailers his boat home for DUI!
You can blow 0.15 on the water and still be allowed to skipper, if you can “show control”…..
Talk about an arse-faced law wording if there ever was one!
Tony Halliday: ~Meals on Reels ~
It takes a strong fish to swim against the current. Even a dead one can float with it
"It is always in season for old men to learn." Aeschylus (525-456 BC)
"In a mad world only the mad are sane." Akira Kurosawa (1910-1998)
Vander72
Posts: 433
Date Joined: 20/10/06
and over east
if you get caught over the limit on your boat and you're the skipper you can also lose your car licence so it pays to be careful......so technically if you got done on the water you might not be able to even drive home!!!! makes you think twice about havin that drink!!!!
Tony Halliday
Posts: 2500
Date Joined: 14/06/07
the point is there is no
the point is there is no limit on the water, not like the road where 0.05 is the limit, on water no legal blood alcohol limit has been made law yet in WA, we the not like the East Coast where it's the same as the road.
Rod is right in that they can only do something about you once you have shown you can not be in safe control of your boat, ie you crashed it or passed out!
The tool that hit the marker at night got away with a very light sentence and with the luck the law will change soon
Tony Halliday: ~Meals on Reels ~
It takes a strong fish to swim against the current. Even a dead one can float with it
"It is always in season for old men to learn." Aeschylus (525-456 BC)
"In a mad world only the mad are sane." Akira Kurosawa (1910-1998)
Rod P
Posts: 725
Date Joined: 20/05/08
I think it is they can't
I think it is they can't breath test you on the water. BUT if you have an accident and are admitted to hospital or checked over they can breath test you then. The law in WA will be changing soon to come on line with the rest of Aus..
just dhu it
Posts: 1081
Date Joined: 14/05/09
laws changing
As rod said the driving under the influence is coming in, also most boat insurers dont provide any cover if the skipper is under the influence of alcohol or drugs , check your own insurance as iam sure a insurance company will dive for cover at any chance