Alcoholic Beverages on-board...what is the law?

[Draggin Ballz]

All my fishing partners like there beer from time to time but I have been hesitant to allow beer on my boat.

What is New Yorks law regarding open containers and consumption on a boat?

Myself as operator, I would refrain from drinking but when you have a group of guys fishing for an entire day, some beer is bound to be consumed...I just want to stay within the guidelines of NY...

[FISHINMAN]

DB I would contact the US Coast Guard do make sure you get the "right answer" to be on the safe side. Here's the number for the Rochester Coast Guard station. (585) 544-4738

Good luck and either way be careful and don't be afraid to cut friends off for the good of the group :!: :!:

[Guest ReelDiel]

please post their reply

[jimski2]

There are Federal, New York State, other states and Canadian Ontario laws to be sure of checking.

[Landshark]

Im pretty sure you can have as much ber as you want. 5 kegs if you choose. Although the driver has to be sober. Containers can be open as well as long as the driver doesnt have 1.

[muskybob]

Im pretty sure you can have as much ber as you want. 5 kegs if you choose. Although the driver has to be sober. Containers can be open as well as long as the driver doesnt have 1.

I agree with Landshark. I was checked as I got off the water last year up in Henderson Harbor. A State Police Trooper was sitting in the launch area checking boats as they came in. Both of my buddies were snockered, empty cans were all over the bow, but I hadn't had a drink all day. I was checked for BWI but surprised the trooper when I didn't register anything on the alki-sensor. He smiled and said he couldn't believe it.

Be advised however that over indulgence by your guests can lead to problems out on the water, so to avoid problems, you should limit the amount they can bring onboard.

[BP Swing]

Ive often wondered myself. I cant believe nobody knows. How are we suppose to follow the law if we dont know it? I dont drink while boating anyways but it would be nice to know for buddies on board.

[poverty stricken II]

when I was doing maritime Law enforcement in Rochester while in the Coast Guard. There is no open container law (means people can drink on board), as long as the operator is sober (lower than the legal limit which I believe is .08 bac). The operator doesn't have to be the owner, You could have someone who is 18 driving the boat and everyone on board can be stunk drunk, it is not against the law.. however not safe but still not illegal.

One thing to remember though, if you are going to have someone who is not going to drink and you are planning to get buzzed, make sure they can handle the boat all the way to the trailer.

I made 3, boating while intoxicated arrests on the same boat because all three people took turns driving and attempted to dock it. (we were a little ticked off, while heading for a overturned vessel rescue they almost hit us and the sheriff's boat, then kept refusing to dock the boat. They were so drunk, they thought it would be funny to head straight at us full throttle and turn 20 ft away to try to splash us. Must be they didn't see all the flashing lights.

[FLXTroutman]

Not sure about the rule for Lake O, but on Canandaigua Lake at the North end boat launch there is a sign that reads "ZERO TOLERANCE", I have heard that in the afternoon on weekends the sheriff will sit at the dock area and check people as they get out of boats. I am usually off the water by the time the weekend cruising crowd is out so I have not seen them first hand. Also the sheriff will sit in the parking lot across from the entrance and look for expired tags and malfunctioning trailer lights. Best advice I would say is captain should not drink , as for the rest of the crew, just be smart, but have fun cuz that's what it's all about. EDIT, JUST FOUND THIS:

New York State has passed legislation to lower New York State's "Boating While Intoxicated" blood alcohol content (BAC) threshold from .10 percent to .08 percent. Under the law, a person found to have a BAC level of .08 or more while boating will lose the privilege to operate a boat for one year, and will also be subject to a fine of up to $500 and up to 90 days in jail. Under previous law, these penalties applied to the .10 BAC level.

New York State mandates a six-month suspension of operating privileges for the first finding of "Operating a vessel after having consumed alcohol;" and a suspension of one year or until the operator reaches the age of 21, whichever is greater, for a second or subsequent combination of consumed alcohol findings and/or alcohol-related convictions.

The law requires that operating privileges be suspended for one year if a person under 21 refuses to submit to a chemical test requested by a police officer who has "reasonable grounds" to believe that such person operated a vessel after consuming alcohol.

The law also directs that such suspension would be for at least one year or until the operator reaches the age of 21, whichever is greater, if there is a prior alcohol-related vessel offense or finding.

The law provides for a special hearing procedure in the Department of Motor Vehicles (DMV) to ensure prompt and efficient adjudication of the new offense before DMV hearing officers.

[Guest ReelDiel]

:?:

[Billy V]

Mike,

He DID mean to say 1 or 2 beers.............right?!?!?!?!? At least that's what I hope he meant to say...........

[motoman]

lets hope he has a small slow boat ! :roll:

[jason]

what about 18 packs i love beer

[Shade]

There is no place for alchohol on a boat. it is no different than a car. You have all kinds of time to drink after you operate your boat. The operator is responsible for the people on his boat. I do not allow drinking on my boat and I will not go on a boat where there is drinking. There are enough idiots on the water we do not need to add to the problem. I see alot of discussion on taking a boat safety course. I know they do not explain how to handle drinking during the course. It's just plain stupid.

[muskybob]

It's just a matter of moderation, like anything else. There's nothing wrong with a few cool ones on the water. Each captain has his own rules. I don't call them stupid if I disagree with them.

[waterlogged]

If you guys are fishing Canadian waters you better check the Canadian Regs!!! :shock:

It says you can't even have beer on the boat!! :shock: :shock:

[jimski2]

A BWI in NY is the same as a DWI, you lose your diver's license. If your job requires possession of a driver's license, you lose your job. In Canada it is even worse, you lose your boat.

[luv2fish]

NYS law allows consumption of alcohol on board a boat. There is no open container law. You may not operate a boat in an intoxicated condition. Same limits apply as driving a motor vehicle on the road. Any BAC .08 or higher is BWI. The biggest difference is that you do NOT lose your license or have points against your drivers license if you are convicted of BWI. The court can and will suspend your operating priveleges, meaning that you cant legally operate a vessel in NYS waters. Of course you dont have to worry about it if you dont consume alcohol while you are operating a boat!

[Shade]

Hold on. I did not say the Captains are stupid. MY OPINION is drinking on a boat is stupid. To each their own. To many things can go wrong. Again MY OPINION. MY OPINION and $1.00 can get you a coffee and donut at seven - elevan.

Fish safe, have fun and take a kid fishing.

[reel drag]

I do believe that the captain of every boat is responsible for all parties on board. I am not a drinker, but at the same time, if someone wants to tip a few while fishing, go ahead. The captain has the right to say what he allows on his vessel and what he doesn't. To say that no alcohol should be allowed on a boat is narrow minded. Responsible drinking these days is the rule whether in a car or a boat. However, the captain or the person driving the boat should not partake in the consumption of alcohol. Safety is a concern for all of us. Be safe and good fishing. I don't want to offend anyone with my post, but are we not adults capable of making responsible decsions? I think that the majority of boaters follow the rules. There will always be exceptions. How many more freedoms do we have to lose before we wise up and make a stand. Drink if you want, have fun and be safe.

[Yankee Troller]

Brand new Tiara 3900, will be sliding it in Tomorrow morning ...

Great boat! Please show some pics of her rigged.

[jimski2]

We replied to a query one day on Lake Erie on "how we are doing". Our reply was "we were just drinking beer". A few minutes later the Sheriff's Patrol pulled up along side and circled us carefully looking for our beer. These boats have Radio Direction Finders on board and anytime you broadcast they have a idea what direction you are at. So don't say something stupid. We didn't have any beer on board, thank God.

[tom146306]

any know if being anchored affects the drinking laws?

[ray koziatek]

should be safe ya just gotta convince the sheriff your gonna walk home...eyy eyy eyy

[Draggin Ballz]

ya just gotta convince the sheriff your gonna walk home...eyy eyy eyy

Ray, you're killin me!