Can passengers consume alcohol?

[brick75]

First off, please don't misinterpret this and start debating drinking and boating. I would never operate a boat while or after drinking.

My question is, can "passengers" legally consume alcohol in the boat? Not sure why I can't find the answer to this question online, but hoping some of you know the answer. I boat in Washington and Oregon if that matters. My guess is that it is legal, but want to be sure beforehand.

 

[a70eliminator]

Re: Can passengers consume alcohol?

Alcohol is prohibited in all Sate parks on or off water in my State anyhow.
The exception is Lake Erie where cunsumption is permitted in open waters (beyond the breakwall) although the operator must remain sober.

 

[Lrider]

Re: Can passengers consume alcohol?

I think in California the boat law is the same as the auto law no open containers

You should see the holidays here here the law doesn't exist in the water or the car

 

[GatorMike]

Re: Can passengers consume alcohol?

Not on my boat but that is just me. I made the rule when my sons became legal drinking age and started to act like beer and fishing go together. They were grown and I had little control over their lives but I did have control over what goes on on board my boat. The rule was made with them in mind but applies equilly to anybody who wants to board my boat.

I did make one exception, on a trip to Bimini I carried over more beer than 4 guys could ever consume in a week simply because beer in the Bahamas is outragious and even tho I don't drink I didn't want to see my buddies have to pay those prices.

 

[joed]

Re: Can passengers consume alcohol?

Here are the rules for Ontario

Transporting Alcohol (Alcohol and Gaming Commission of Ontario):
Under what circumstances is it illegal to transport beverage alcohol?
It is illegal to transport beverage alcohol in a motor vehicle, a motorized snow vehicle or a boat unless the beverage alcohol is in a container that is unopened and the seal unbroken, or unless the beverage alcohol is packaged in baggage that is fastened closed or is not otherwise readily available to anyone in the vehicle. In a boat, the beverage alcohol must be stored in a closed compartment.

What boats may carry alcohol (Ontario Liquor Laws Sec.3/7):
A boat with permanent sleeping accommodations and permanent cooking and sanitary facilities, other than a boat used to carry passengers for hire, is considered to be a private place while the boat is at anchor or is secured to the dock or land. ...

 

[capt sam]

Re: Can passengers consume alcohol?

man you guys live in tough states, there's nothing wrong with having a beer or two while on the water just don't be an idiot.

 

[BTMCB]

Re: Can passengers consume alcohol?

Not on my boat but that is just me. I made the rule when my sons became legal drinking age and started to act like beer and fishing go together. They were grown and I had little control over their lives but I did have control over what goes on on board my boat. The rule was made with them in mind but applies equilly to anybody who wants to board my boat.

I did make one exception, on a trip to Bimini I carried over more beer than 4 guys could ever consume in a week simply because beer in the Bahamas is outragious and even tho I don't drink I didn't want to see my buddies have to pay those prices.

+1 on all accounts - except never been to Bimini!

 

[Blk-n-Blu]

Re: Can passengers consume alcohol?

Since MOST STATES now require the operator of a watercraft to posses a safe boating certificate, I would suggest you look into it and get one. I am not trying to bemean anyone but laws from state to state are different and it couldn't hurt. IMHO
Safe boating

 

[findinghomer]

Re: Can passengers consume alcohol?

man you guys live in tough states, there's nothing wrong with having a beer or two while on the water just don't be an idiot.

ditto. in fact, here in indiana its what most people are doing on the lakes on a hot summer day, relaxing while hangin in the water drinking a few brewskies. like you said, dont act like an idiot and your fine.

 

[oldjeep]

Re: Can passengers consume alcohol?

You need to check your local regulations. In MN the driver is allowed to consume alcohol while driving, but cannot be over the legal limit. Passengers are free to drink what they like.

 

[lkbum]

Re: Can passengers consume alcohol?

In Georgia, everyone (inlcuding the captain) can drink. The captain cannot be over the legal limit (0.08) or it's BUI and you loose your auto drivers license also. An important note, if you are in an accident and have ANY level of alcohol you automatically are charged with BUI.

 

[Av8nBill]

Re: Can passengers consume alcohol?

From the boatus.org website...

In Washington:

It is illegal to operate a motorboat or vessel while under the influence or drugs or alcohol. State Operating under the Influence (OUI) laws are becoming more stringent. As on the roadways, on-water enforcement officers may administer sobriety tests and conduct tests to determine alcohol content.


No person shall operate any vessel or personal watercraft while under the influence of alcohol or drugs.
Boaters who have a concentration of alcohol of 0.08% or greater determined by breath or blood are considered to be operating under the influence (OUI).
Washington law prescribes fines, jail times, and loss of boat operating privileges for those who violate state BWI laws.

In Oregon:

No person shall operate any vessel, personal watercraft, water skis or similar device while under the influence of alcohol or drugs.
Boaters that have blood alcohol content (BAC) of 0.08% or greater are considered boating under the influence of intoxicants (BUII).
By operating your boat in the state of Oregon, you have consented to and must submit to evidentiary testing for drug and alcohol use if requested by law enforcement personnel.
Boaters convicted of BUII face a year of jail time and/or fines up to $6,250, loss of operating privileges for one year, boat registrations suspended for up to three years, and they must complete a boating safety course.


I would definitely check with local authorities about passengers since they are not directly addressed in either of these summaries and since laws change frequently.

Here in Texas I know that the rules are different for Corp of Engineers lakes, so you really have to know your regs if anyone if planning to partake.

 

[JimS123]

Re: Can passengers consume alcohol?

To answer your question, yes, for sure the state matters. Why don't you go to your local marine patrol and ask them. My state provides a free booklet that shows all of the laws, safety requirements, etc. Maybe yours does too.

As an aside, I grew up in a boating family. Dad and Grandpa always had a beer in the boat. Maybe even 2. But I never saw anybody drunk EVER, except for Otis in Mayberry on TV.

We also ran with scissors, swam in the neighbor's wading pool after we let the frogs swim in it, rode our bikes without helmets and ate burgers even if they fell on the floor.

Dad did, however, install aftermarket seat belts in the car even before they were offered as an option, MADE me take a safe boating course even though it was not mandatory and I had to be home by 10PM.

My point is that today the problem is that some (maybe even many) people take things to excess and they are the ones that spoil things for everybody else.

 

[fishdog4449]

Re: Can passengers consume alcohol?

Obviously I do not drink, however my rule is passengers yes, crew NO while underway. On my boat my passengers are usually also my crew, and they need to be as alert and functional as I do. Obviously when overnighting at anchor or moored that is a different story...

 

[rbh]

Re: Can passengers consume alcohol?

As I understand it here in BC, as long as you have a head, galley and a bearth you are considered a RV, and as long as you are not the operator you are good to go.

 

[dingbat]

Re: Can passengers consume alcohol?

I frequently boat in 4 different State. None of them prohibit the Captain, let alone the passenger or crew from drinking. Just can't be over the legal limit.

Just the other day we had the CG pull up next to us while drift fishing off the Bay Bridge in Annapolis. I?m standing at the transom with a fishing rod in one hand a beer in the other. They asked how the fishing was and left.

 

[Allbutwet]

Re: Can passengers consume alcohol?

brick75
So after looking at Multnomah County river patrol & Washington state's marine board web sites, both specify the operator, but does not say anything about passengers other than any rafter with an oar in hand is considered an operator. Here is the number for the Multnomah county river patrol.

Columbia River Office
4325 NE Marine Drive
503-988-6788

 

[samagy16]

Re: Can passengers consume alcohol?

To answer your question, yes, for sure the state matters. Why don't you go to your local marine patrol and ask them. My state provides a free booklet that shows all of the laws, safety requirements, etc. Maybe yours does too.

As an aside, I grew up in a boating family. Dad and Grandpa always had a beer in the boat. Maybe even 2. But I never saw anybody drunk EVER, except for Otis in Mayberry on TV.

We also ran with scissors, swam in the neighbor's wading pool after we let the frogs swim in it, rode our bikes without helmets and ate burgers even if they fell on the floor.

Dad did, however, install aftermarket seat belts in the car even before they were offered as an option, MADE me take a safe boating course even though it was not mandatory and I had to be home by 10PM.

My point is that today the problem is that some (maybe even many) people take things to excess and they are the ones that spoil things for everybody else.

Post of the day!!!

 

[Fisherball]

Re: Can passengers consume alcohol?

In Ohio, no! No open containers & any alcohol must be in original package. If you have 10 beers left from a 12 pack you can transport it but it better be in the box it came in. Ohio made all their water laws simple. All the water & all the fish belong to the State. If you dig a pond it's yours but the water in the pond belongs to the State, even if you paid for it. The same with the fish, they belong to the State. Property lines go to the middle of any body of water. The people on each side of the rivers own the land under the water. But we have no seasons for fishing, any fish can be fished at any time on any body of water. (Except for a few areas & species) If you can helicopter onto a private pond or ride a boat to it & not touch the ground it's legal to fish it. If you touch the bottom you are trespassing. Since they own the water they do not need any warrants to search anything on the water.

 

[hubbard53]

Re: Can passengers consume alcohol?

i think the Ohio law is vague, actually...

per ohio state park regulations:

No person shall overtly and publicly consume or display the presence of any beer or intoxicating liquor in any area administered by the Division of Parks and Recreation, except within the confines and privacy afforded in a cabin, lodge room, tent, or camping vehicle or in areas authorized by the Chief of the Division of Parks and Recreation.

that's pretty vague, eh? How is privacy defined? the cabin of a cuddy certainly counts as private? what about hunkering down behind the gunwales as you sip your beverage? What is "overtly displaying" it? What if it's in a Solo cup instead of a branded bottle?

It seems lax, at least where I boat, but I think if they wanted to make your day bad, the regulations would allow them to.