Boating under the influence

Bouba

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If you are the living compartment with the vehicle keys not in the ignition lock and preferable put away, then you are 'at home', not driving and can drink what you like short of drunken rowdiness. If in driving seat, with bottle in hand and keys in ignition then you are an idiot in charge of a vehicle and heaven help you. The Law is not vague but the understanding of it by the forces of Order can be unclear.
For example....you have A class motorhome (bus like in style)..the main seats are the driver and passenger seats but swiveled around...perhaps you are drinking listening to the radio CD player (that requires key in ignition)...I don’t know if the law has been clarified since I researched it many years ago.
The whole key in the ignition is a bit dated these days...my Tesla doesn’t have an ignition key...I use my iPhone...so technically the iPhone can be anywhere in the car or on my person
 

Irish Rover

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If you are the living compartment with the vehicle keys not in the ignition lock and preferable put away, then you are 'at home', not driving and can drink what you like short of drunken rowdiness. If in driving seat, with bottle in hand and keys in ignition then you are an idiot in charge of a vehicle and heaven help you. The Law is not vague but the understanding of it by the forces of Order can be unclear.
Is that actually the law or someone's imagination working overtime?
 

Juan Twothree

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Is that actually the law or someone's imagination working overtime?
Someone can be charged with drunk in charge if they are in or near a vehicle, with the keys or any other means of driving it in their possession, whilst over the prescribed limit.

However it is a valid defence if they can satisfy the court that there was no likelihood of them driving whilst still over the limit.

That's much easier to prove if they're in a motorhome, tucked up in bed, than if they're sitting in a car at the side of the road having a smoke or eating a takeaway.

Unlike drink driving, drunk in charge doesn't carry a mandatory 1 year minimum disqualification. That is an option ( although not necessarily for a year), but so is 10 points and fine. (There are no points for DD, as a ban is mandatory, except in exceptional circumstances).
 
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Chiara’s slave

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Hopefully such a thing isnt going to make it as far as court, unless there are circumstances to lead police to think you are going to drive.

in the case of boats, everyone knows sailors are drinking people in general terms. But police patrols of marinas ate unknown, never happens. And unless you have some sort of big accident, maybe like the one in Totland Bay, you’ll never be questioned about drink. As long as you’re not three sheets to the wind on board, nobody cares. As I've said, I don’t think it’s a good idea, just that you won’t have any hassle unless there are serious consequences from the drinking
 

Bouba

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I think that we should separate what is illegal from what is the likelihood of getting caught. The first makes you a law abider the other a criminal.
What makes you a good citizen is if you only drink when your boat is safely secured and you make that judgment while still sober
 

Chiara’s slave

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I think that we should separate what is illegal from what is the likelihood of getting caught. The first makes you a law abider the other a criminal.
What makes you a good citizen is if you only drink when your boat is safely secured and you make that judgment while still sober
With leisure boating, it’s only illegal if you prove yourself unfit through drink. The reason you don’t get caught otherwise is that you’ve done nothing illegal. Utterly crass and stupid, maybe, just not against the law.
 

Bouba

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With leisure boating, it’s only illegal if you prove yourself unfit through drink. The reason you don’t get caught otherwise is that you’ve done nothing illegal. Utterly crass and stupid, maybe, just not against the law.
If that is English and Welsh law then good ?? All I think that we want is the definitive answer ??
 

dslittle

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Whenever you see US based sailors talking about racing, especially club based "casual" racing, it is clearly considered completely normal to drink beer whilst racing. And almost every advert for crew on Anarchy will include some reference to who supplies the beer.

I was invited to do a bit of club racing in Trinidad - beers and rum was in great evidence at silly o’clock in the morning!!!
 

Bouba

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I think that we have a responsibility to say and do the right thing...first of all we are the forum...that means we are regarded as the voice of experience...secondly, while there might be a thousand deaths a year on the road, it only takes one on the water to make politicians bob up and down like muppets demanding something must be done. And none of us wants that
 

dslittle

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We have a club member who used to race his white boat with a glass of red wine in one hand , a big cigar in the other, the mainsheet in one hand and the tiller in another . Don't ask me how he did it, but he used to win races..

A large proportion of tourists hire boats on the broad, spend there week rushing from pub to pub, and drining cans in between..

James Hunt used to do that in a F1 car (well not the main sheet and tiller bit - he had pedals, a gearstick and a wheel…)
 

johnalison

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I think that we have a responsibility to say and do the right thing...first of all we are the forum...that means we are regarded as the voice of experience...secondly, while there might be a thousand deaths a year on the road, it only takes one on the water to make politicians bob up and down like muppets demanding something must be done. And none of us wants that
There are always people who want to push their weight around by telling others what to do. None of us condones reckless intoxication, but boating when done sensibly is not a high risk activity, or I for one would not engage in it. In some people’s imaginary world we would be breathalysed every time we went on deck even in harbour, but in the real world where millions are permitted to commit suicide by tobacco, personal safety is largely a matter for the individual, even if we have come to accept or endorse some measures such as seat-belt legislation.
 

doris

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Whilst I’m not a boozing sailor, I am also a motorcyclist, and see almost no comparison between sailing a cruising yacht and riding a bike. It might be more apt with a high performance dinghy or catamaran.
I couldn't disagree with you more. The wind pipes up a tad and there's a reason to go forward, balance and coordination will have deterioated but you will not realise it. Thats when accidents happen.
We will agree to disagree.
 

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