NSW drink sailing laws

NSW drink sailing laws

Postby Jeremy » Wed Feb 27, 2013 11:36 pm

The forum has been a touch quiet, maybe this will stir things up...

I am trying to understand the 'drink driving' laws that apply when sailing.

http://www.geoffharrison.com.au/Operate ... of-Alcohol
the above link is for a NSW barrister who sums the laws up pretty well, however, I have some interesting hypotheticals....

1. If you dont have a boat licence, and you are on a vessel that doesnt require you to have one, ie a small privetly operated yacht, how can the licencing laws apply to you? (I let my licence lapse a couple of months ago :lol: - yes I will renew as they are a pain to get now)

2. At anchor, my understanding is that you can legally be over the limit, as anchoring is not covered by the definition of 'operating' a vessel, however it is strongly recommended you stay under the limit in case you need to move the boat.

Does anyone have any info on the above or RMS advice?

I will admit to enjoying slightly more than 2 standard drinks in the first hour, and 1 every hour after during the friday twilight races and social cruises.

I kind of get the feeling that the waterways guys dont really focus on yachts, I have been on the water nearly every weekend since I could walk and have only been pulled up once, when I was about 8 years old, in a Northbridge Junior on Lake Macquarie, when I was so keen to get on the water I forgot my lifejacket. :oops:

To clarify, I think drink driving (automotive) laws are fair. I think there is a significant difference between a car and a yacht limited to 6.5 kts, where there are no pedestrians, you have right of way with regard to power boats, and your experience counts for a lot. The automotive laws should however apply to power boats which frequently bump into things at speed often resulting in fatalities.
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Re: NSW drink sailing laws

Postby Brainless » Thu Feb 28, 2013 6:54 am

I am to believe that you need to have someone under the legal limit whilst at anchor, however if on mooring go for it

Whilst yachts are slow moving and have right of way for power vehicles they also don't have breaks or reverse gear and accidents at any speed are life threatening not just as high speed
there are also a lot of things that can go wrong whilst under sail.

Now I dont mind a nice refreshing drink whilst on the water I will generally contain myself if I am skippering the boat, if someone else is at the helm and in control then its all good however remember you are on a boat in the water and being under the influence is not going to assist in your survival if you get thrown overboard or injured as a result of something going wrong

It was not that long ago that a man died getting back to his yacht in a tender at Wangi, now i dont know if he was intoxicated or not but either way it is notice all that being on the water can be very dangerous and not to take light heatedly.

I'm not anti drinking but one needs to have situational awareness
Regards

Ryan
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Re: NSW drink sailing laws

Postby Phillip » Thu Feb 28, 2013 7:10 am

Jeremy,

I believe the law also says that if you are in control of a moving vessel and you are actually drinking, but sober, thats an offence, just like in a car!
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Re: NSW drink sailing laws

Postby Jeremy » Thu Feb 28, 2013 12:34 pm

Brainless wrote:there are also a lot of things that can go wrong whilst under sail...

I'm not anti drinking but one needs to have situational awareness


Don't get me wrong, I don't condone getting hammered at sea, if a gale is blowing, or if you are teaching people to sail.

Phil, that's crazy, next time I wont cheers by beer at the RMS guy as he drives past and waves hahaha.
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Re: NSW drink sailing laws

Postby Phillip » Thu Feb 28, 2013 3:14 pm

Jeremy,

Saw it on one of those cop shows where a police boat pulled this guy up and booked for having a beer in his hand!!! :oops:

How close to home was it, it was just off Church Point behind Scotland Island.
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Re: NSW drink sailing laws

Postby Oberon11 » Fri Mar 01, 2013 3:58 pm

Really alcohol and water dont mix ! Just alcohol please :D :D :D But seriously they do not mix i remember that guy who drowned at wangi, and according to the guys who recovered the body, and he was pissed, :cry: :cry: Cheers jl
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