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Boating is a popular pastime, but there are rules and regulations that must be followed to ensure the safety of everyone on the water. One of the most important considerations when it comes to boating is the consumption of alcohol and drugs. While it may be tempting to enjoy a drink while boating, it is important to be aware of the laws and the potential risks involved. In some places, such as Maryland, it is illegal to drink alcohol while operating a boat, and there can be serious consequences for those who do so.
| Characteristics | Values |
|---|---|
| Drinking alcohol | Not allowed in Maryland or New York |
| Operating a boat under the influence | Not allowed in Maryland |
| Driving a boat under the influence | Can be subject to legal action in Maryland |
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What You'll Learn
Drinking alcohol on a boat
Alcohol affects your judgement, vision, coordination and reflexes, increasing your risk of having a marine incident. The sun, heat, wind, waves and constant motion can enhance the effects of alcohol, slowing your reflexes and response times in emergencies. Alcohol also increases body heat loss, reducing your survival time if you fall overboard, and raises your pulse rate, leading to rapid exhaustion if you have to swim to safety.
It is important to plan ahead and stay safe when boating. Anyone operating a vessel or a member of the crew may be required by a police officer to submit to a drug or alcohol screening test. If you are found to be operating a boat under the influence of alcohol, you may be charged with a criminal offence, fined, and have your boating licence disqualified. In more serious cases, the court can impose community service or even imprisonment.
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Boating safety courses
Additionally, boating safety courses can teach boaters how to respond in the event of an accident. For example, if someone causes a boating accident while intoxicated, there may be legal actions that can be taken, such as filing a lawsuit or collecting compensation for losses related to the accident.
Overall, boating safety courses are an essential part of responsible boating. They can help boaters understand the risks and dangers associated with boating, and provide them with the knowledge and skills needed to stay safe on the water.
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Boating accidents
Drugs and alcohol are a significant problem on the water, with about half of all boating accidents involving their use. The more an individual drinks, the harder it becomes to multitask, which is essential when operating a boat. In the US, boating accidents have claimed over 800 lives and injured thousands more since 1961, with property damage well over $240 million annually.
To avoid accidents, it is important to operate a vessel responsibly, understand vessel law, and know how to keep oneself and one's passengers safe. This includes taking a boating safety course, which is required for all New York boaters by January 2025, regardless of age.
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Boating laws in Maryland
- Anyone born after 1 July 1972, who operates a boat on Maryland waters is required to carry a Certificate of Boating Safety Education, commonly called a "boating license", while operating a boat.
- Any person convicted of two violations within a year regarding vessel operation or required safety equipment must take and pass a boating safety education course.
- All motorized watercraft, including those powered with gasoline, diesel and electric motors, that are principally operated on Maryland waters must be registered.
- It is the duty of the owner or operator of any vessel involved in a boating accident to file a full written report with the Maryland Department of Natural Resources within 48 hours if the accident results in damage to the vessel or property of another, or injury or death.
- Any person operating a vessel on the waters of the state is required to bring their vessel to a stop after being requested or signalled to do so by a police officer. The operator must comply with the directives of that officer.
- When operating a watercraft in Maryland, you are required to have at least one wearable Type I, II, III or V PFD for each person on board, regardless of the length of the vessel. All PFDs must be Coast Guard approved, in good and serviceable condition, readily available and appropriately sized for the intended wearer. In addition, you must also have at least one U.S. Coast Guard-approved Type IV PFD, either a ring buoy or seat cushion, on recreational boats greater than 16 feet in length. Under Maryland law, you must also comply with the following PFD requirements. Persons being towed behind a vessel in any manner must wear a U.S. Coast Guard-approved Type I, II, III or V PFD.
- Drinking on a boat in Maryland is not allowed if you are also operating that vessel.
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Boating laws in New York
All vessels propelled by machinery, including gasoline, diesel and electric motors, and principally operated on New York waters must be registered and issued a New York Certificate of Registration by the New York State Department of Motor Vehicles. Vessels operating commercially with a U.S. or foreign document are exempt from state registration requirements, as are vessels legally registered in another state (up to 90 consecutive days maximum) and foreign registered boats temporarily using New York State waters.
New York requires all boats with a motor of more than 10 horsepower to be titled. The seller must provide the buyer with the boat's title, which is a legal document that proves ownership. The buyer must complete the back of the boat's title, including the purchase price, date of sale, and their contact information. The seller must sign the title to transfer ownership.
In New York, it is unlawful to operate a vessel (including PWC) or use water skis or a similar device while under the influence of alcohol or another impairing substance. New York law defines boating under the influence (BUI) as operating a vessel or manipulating water skis or a similar device while having a blood alcohol level of 0.08% or greater, or if the operator is rendered incapable of safely operating the vessel due to having consumed impairing substances. In the case of an accident, it is the vessel operator’s duty to immediately stop their vessel and give assistance to anyone involved or injured in the accident to the extent that they are able without endangering their own vessel or passengers.
All PWC operators, passengers, and anyone being towed must wear a USCG-approved PFD at all times. Inflatable PFDs are not permitted. Operators of PWC equipped with an ignition safety switch must attach the engine shut-off lanyard to his or her person, PFD, or clothing. PWC operation is only permitted during daylight hours (from sunrise to sunset), even if the vessel is equipped with navigation lights.
Boating safety courses are imperative for every New York boater. In fact, all New York boaters are required to be licensed by January 2025, regardless of age.
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Frequently asked questions
No, you are not allowed to drink alcohol on a boat in Maryland. This is because there is a high chance that alcohol will cause you to lose control of the vehicle and hurt yourself or others.
While some drugs have been decriminalised in New York, recreational use has not been legalised and this includes boating. All New York boaters are required to be licensed by January 2025, which means that every boater will have to take a boating safety course.
Drinking alcohol and driving a boat is illegal in many places. For example, in Maryland, it is illegal to drink alcohol while operating a boat.
If you cause a boating accident while intoxicated, you can be held legally responsible. For example, in Maryland, there is a law that states that you can file a legal action against the drunk driver within three years of the accident date.
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