BWI laws

Nov 8, 2010
11,386
Beneteau First 36.7 & 260 Minneapolis MN & Bayfield WI
I once got "pulled over" by the State Park LEO while hosting some friend's on my old Catalina 25. It is a small inland reservoir, there was no wind, so we were just motoring, but three of us were in the cockpit, and two were forward of the cockpit on the cabintop roof. LEO stopped us, only a warning though, stating that EVERYONE had to be in the cockpit. I guess the rationale was that, even though sailboats are sailed often with people forward of the cockpit, since we didn't have the sails up, there was no need for anyone to be out of the cockpit, and to be such was unlawful. fortunately, no one had been drinking. It was a bit of a bummer tho, because the cockpit got quite cramped.
Similar law here, with same exclusion for non-motorized boats! Wonder what an 'adequate railing' means.

"ON THE WATER LAWS AND RULES: It’s against the law: To ride or sit on the gunwales, bow, transom, or decking over the bow, sides or stern of any motorboat while underway, unless it is equipped with an adequate railing. It is also illegal to operate a motorboat while any person is riding or sitting in a manner as just listed.

#PROTIP: A water-based LEO here told me this is the #1 reason for pullovers.
 

jviss

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Feb 5, 2004
6,745
Tartan 3800 20 Westport, MA
I have a close friend who was charged with "BUI" while sailing his Tartan 37 in the vicinity of the Thomas Point Light on the Chesapeake at the South River. He is the only guy I know who's been charged..
Can you share the details of this?
 
Jun 2, 2011
347
Hunter H33 Port Credit Harbour, ON.
I am surprised to hear that the rules in some of the states are similar to Ontario with regard to BUI being applicable to your drivers licence. I often wondered how this is possible in that the law and punishment can't be assessed equally among the people. That is, if one is convicted and the punishment is applied to the drivers license how is it possible to apply the same punishment to the other who does not have and never will have a drivers licence. In my small mind it would be a reason to fight, although I would rather not get into that fight.

Here, if the boat has sleeping facilities, toilet facilities and cooking facilities and is either tied to the dock or at anchor it is considered a residence for the purpose of drinking rules. I am not sure about the search warrant rules if the LEO wants to enter. When stopped while drifting in Lake Ontario the police told a buddy to drop the anchor in the water. He said that the lake is a couple of hundred feet deep and the officer told him they likely won't ask him to pull it up to check. My buddy figures that all you need is the appearance of a boat at anchor.

I suspect that attitude is important in how the rules are applied. There is lots of latitude for the LEO to make the call and let the judge work it out.

Technically the booze has to be locked up below when under way. This means a locked companion way door although I have never heard of it being enforced. If there is open liquor up top when stopped the LEO will likely give the ticket to one lucky volunteer. Again, attitude plays a part. This is an Ontario thing and I was surprised to see open booze on boats under way in Chicago.
 

Bob J.

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Apr 14, 2009
773
Sabre 28 NH
Here you lose not only your boaters license ( if you have one) but you also lose your drivers license.
They've taken away drivers licenses in NH for riding bicycles intoxicated. They even busted someone operating a riding lawn mower on their own property.
 
Nov 6, 2006
9,885
Hunter 34 Mandeville Louisiana
@jviss.. Party on board, 6-10 kt winds fine clear day, about 3 in the PM.. He had a beer in hand and never put it down as the patrol boat went by. They turned around and came along side with no care and bumped the boat a couple of times.. My buddy shouted at them to not bang into the boat.. they didn't like being shouted at and came aboard.. he tested at 0.09.. they took him to the station .. we sailed back to his house where his dock is.. then went and got him out of the tank.. Not a fun story.
The best part of that story is that it kinda woke him and gave him a reason to slow down his consumption; he was an abuser ..
 
Nov 8, 2010
11,386
Beneteau First 36.7 & 260 Minneapolis MN & Bayfield WI
I am surprised to hear that the rules in some of the states are similar to Ontario with regard to BUI being applicable to your drivers licence. I often wondered how this is possible in that the law and punishment can't be assessed equally among the people. That is, if one is convicted and the punishment is applied to the drivers license how is it possible to apply the same punishment to the other who does not have and never will have a drivers licence. In my small mind it would be a reason to fight, although I would rather not get into that fight.

Here, if the boat has sleeping facilities, toilet facilities and cooking facilities and is either tied to the dock or at anchor it is considered a residence for the purpose of drinking rules. I am not sure about the search warrant rules if the LEO wants to enter. When stopped while drifting in Lake Ontario the police told a buddy to drop the anchor in the water. He said that the lake is a couple of hundred feet deep and the officer told him they likely won't ask him to pull it up to check. My buddy figures that all you need is the appearance of a boat at anchor.

I suspect that attitude is important in how the rules are applied. There is lots of latitude for the LEO to make the call and let the judge work it out.

Technically the booze has to be locked up below when under way. This means a locked companion way door although I have never heard of it being enforced. If there is open liquor up top when stopped the LEO will likely give the ticket to one lucky volunteer. Again, attitude plays a part. This is an Ontario thing and I was surprised to see open booze on boats under way in Chicago.
Speaking of, getting a DUI/BUI in the states is a sure-fire way to get your Hall Pass for Canada revoked.
 
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jviss

.
Feb 5, 2004
6,745
Tartan 3800 20 Westport, MA
Speaking of, getting a DUI/BUI in the states is a sure-fire way to get your Hall Pass for Canada revoked.
Yea, and I think that sucks. I have written to Trump asking him to fix this!
 

jviss

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Feb 5, 2004
6,745
Tartan 3800 20 Westport, MA
@jviss.. Party on board, 6-10 kt winds fine clear day, about 3 in the PM.. He had a beer in hand and never put it down as the patrol boat went by. They turned around and came along side with no care and bumped the boat a couple of times.. My buddy shouted at them to not bang into the boat.. they didn't like being shouted at and came aboard.. he tested at 0.09.. they took him to the station .. we sailed back to his house where his dock is.. then went and got him out of the tank.. Not a fun story.
The best part of that story is that it kinda woke him and gave him a reason to slow down his consumption; he was an abuser ..
Thanks for the details. Wow. Shows what a bit of discretion might have provided.
 
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Mar 20, 2016
594
Beneteau 351 WYC Whitby
In Ontario, you can be charged in a row boat, kayak, canoe , sailboat ,it does not matter .In order to drink the boat must 1)Permanent cooking facilities 2) Permanent sleeping facilities 3)A permanent toilet 4) be anchored or at dock.
However they go after power boats and seem to ignore sailboats
 
Jan 19, 2010
12,362
Hobie 16 & Rhodes 22 Skeeter Charleston
Okay this has been a fun read but.... I hope the cops don't enforce laws for the sake of the laws. You know.... that "protect and serve" thing. If a person is sailing drunk and could endanger someone else, they should get busted regardless of the presence of an O.B. or not. And if a cop gave a citation to a guy at anchor for the night who wants to sip on a beer, then that cop is being an ass.

:cool:
 
Jan 19, 2010
12,362
Hobie 16 & Rhodes 22 Skeeter Charleston
They even busted someone operating a riding lawn mower on their own property.
That is a prime example of enforcing laws for the sake of the law. TIERNEY! It is hard for me to imagine how that could be legal. In a car there is an assumption that you will be leaving your driveway so that makes sense but a lawnmower is not leaving the lawn so there is no public to protect by that action. I think I will go home, crack a cold one and go mow my lawn.:yeah:
 
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Sep 20, 2006
2,912
Hunter 33 Georgian Bay, Ontario, Canada
Speaking of, getting a DUI/BUI in the states is a sure-fire way to get your Hall Pass for Canada revoked.
and vice versa.

Yep, up here you must be docked or anchored, have cooking facilities and a head. Doesn't matter the size of the vessel. They hammered one guy that was BUI in a canoe that caused a fatality and deserved it.

I think the have a beer underway, who's in control, would come down to who's boat is it, and what shape is he/she in and is there anyone else on board capable of being in control, and under what circumstances were you stopped. We were out last weekend with 6 people on board and I was the only one with the Boaters card, so made me the top of the list.

I've been stopped once in the dinghy in 12 years and have had the OPP buzz by me to have a look but never boarded. I also keep the occasional beverage out of sight while underway.
 
Nov 6, 2006
9,885
Hunter 34 Mandeville Louisiana
Just notes: 1 if ya don't show an obvious reason for them to stop you, they probably won't.. and 2.. If they do stop you, be pleasant and respectful.. (even when they may not be so much) .. yes, both of those are more difficult after some beers/rums..
 
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jviss

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Feb 5, 2004
6,745
Tartan 3800 20 Westport, MA
I am entirely opposed to presumptive enforcement. The presence of an alcoholic beverage, or an arbitrarily low BAC do not necessarily mean you are impaired, and a danger to yourself or others. Police states suck. The federal government sucks - they are the ones who have pushed this on the states.
 
Jan 19, 2010
12,362
Hobie 16 & Rhodes 22 Skeeter Charleston
Tyranny. It's a good thing the grammar and spelling police aren't monitoring this forum.
Haha yes! Purely coincidental but the surname Tierney comes from the Gaelic word tighearna which means "master" so it sort of fits anyhow.
 
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Sep 22, 2018
1,869
Hunter 216 Kingston
Interesting perspectives covering the full range or POV’s!

My 2 cents

I believe most if not all of the “impaired” legislation has/is been triggered by some tragic event where an innocent has been maimed or worse.

Rightfully so society reacts strongly and wants “action” so this doesn’t happen again.

Legislators seeking re-election react to that pressure by drafting laws that get altered through the review process usually to the point where the courts have to guess what the lawmakers “intent” was. IE the language in the “law” is open to “interpretation”

The enforcement officers have to use their discretion in applying the new laws in a knife edge balance between being called bully's or lazy. Somewhere along the way common sense usually prevails and the new law becomes the new standard of “behaviour”.

Wouldn’t it be wonderful if everyone in their world would treat each other like they react to newborns, protective, considerate and caring. Wouldn’t need any laws!!!

Wow I’ve had too much to drink.... I’m going to stop typing and go sleep it off on my boat:beer::beer::beer:
 
Aug 1, 2011
3,972
Catalina 270 255 Wabamun. Welcome to the marina
We would absolutely welcome more interaction, in the entire time on our little puddle, the only time there’s anything even close to oversight is when somebody drowns. Then it’s all hands on the six pm news.
Oh, once I saw the rcmp trailer on the back of a Suburban. We suspected they just parked it there to scare people.
 
Sep 22, 2018
1,869
Hunter 216 Kingston
We would absolutely welcome more interaction, in the entire time on our little puddle, the only time there’s anything even close to oversight is when somebody drowns. Then it’s all hands on the six pm news.
Oh, once I saw the rcmp trailer on the back of a Suburban. We suspected they just parked it there to scare people.
I’ve had many on water interactions with both USA and Canadian authorities, most pleasant and respectful where common sense amongst all parties prevailed and after a little chat or inspection we all went on our way. I’ve had a few not so pleasant ones (30’ police boat almost ran me over when I was on a windsurfer due to an overzealous effort to give out a PFD ticket) sadly that are so much MORE memorable than the good ones.

What was considered “acceptable” behaviour though seems to have changed. What I did as a young man I wouldn’t even think about trying now. I’ve concluded that the best place to consume any substance that could be considered “impairing” is in my home. Just not worth the potential for trouble anywhere else.
 
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