The situation of the owner of a vehicle being detained for driving a small vessel while drunk raises questions among citizens. Many still believe that category B rights only apply on public roads and have nothing to do with the water spaces. However, the legislation of the Russian Federation has undergone significant changes that directly link behavior on the water with driver's licenses.
Question deprivation Driving a boat under the influence of alcohol has become a harsh reality for many violators, and GIMS inspectors now have broad powers to review documents and draw up reports that are automatically submitted to the court, and if a judge rules that a person be deprived of the right to drive, all categories of the person, including automobile categories, will be affected.
In this article, we will take a closer look at the legal subtleties, current court practice and the consequences for violators, and understanding these nuances will help you avoid serious legal problems and keep your driver’s license in your pocket, even if you are often on the water.
Legal basis: Administrative Code and concept of vehicle
The fundamental document regulating liability for violations on the water is Code of Administrative Offences (AFP) There has long been a legal conflict that allowed drivers to avoid the penalty of deprivation of rights, citing that a boat is not a car, but changes in legislation have clearly defined the status of small boats.
According to the current regulations, a small vessel equipped with an engine with a capacity of more than 3.7 kW (5 hp) is classified as power-drivenThis is key, because it's driving a mechanical vehicle while intoxicated that carries the most stringent sanctions, and even if your PVC boat has a weak engine, but it exceeds the specified power, you're at risk.
Inspectors of GIMS (State Inspectorate for Small-Sized Vessels) are guided by the same principles as the traffic police officers when drawing up the protocol. The basis for initiating a case is the presence of signs of intoxication, confirmed either by an on-site examination or by a medical institution. It is important to understand that refusal to undergo the procedure is equivalent to confirmation of intoxication.
What is the engine power considered critical?
The critical point is 3.7 kW or 5 horsepower, and if your boat's engine is more powerful than that, it is legally recognized as a power-driven vehicle with all the consequences.
Article 12.8 of the Administrative Code: when liability arises
The main article under which drunken boatmasters are prosecuted is the article. 12.8 RF administrative codeIt provides for the responsibility to drive a vehicle by a drunk driver, and it is noteworthy that this article applies to both drivers of cars and masters of small craft, if they meet the criteria for a vehicle.
The punishment under this article is combined and includes two main components: a large monetary fine and deprivation of the right to manage, the fine is 30,000 rubles, and the term of deprivation of rights varies from one and a half to two years, if repeated violation of the responsibility can become criminal, which threatens a real prison term.
Judicial practice shows that the courts rarely meet offenders in such cases: the presence of a valid driver's license for a car is a prerequisite for the application of a sanction in the form of deprivation.
Keep checks and documents: Always carry the proof of engine power (PTS, sales contract with specifications). This will help to avoid unreasonable claims if your engine is formally weaker than 5 hp, but the inspector is in doubt.
Procedure for water survey
The procedure for detecting intoxication in water bodies has its own technical and legal features: the inspector of the GIMS does not have the right to independently diagnose intoxication. His task is to record the external signs: the smell of alcohol, the violation of coordination, slurred speech, redness of the skin.
It's important that the device is certified and checked regularly, as evidenced by the appropriate sticker on the case, the results of the blowout are printed on a check that is signed by both parties, and if you disagree with the readings of the device, you have every right to demand a referral to the device. medical examination.
The medical examination is conducted in the nearest licensed institution, and the conclusion of the drug doctor is the final and indisputable evidence in court, and the refusal to go to the doctor or to give biological fluids (blood, urine) is equivalent to drunkenness with all the consequences that follow.
☑️ Rules of conduct for checking GIMS
Does the category of rights of deprivation affect
One of the most common myths is that the boating license is only for tractor driver's licenses or small boats, if any, but the law is the same for all categories, and if you have a valid B, C or any other driver's license, the license will affect all of them.
The debarment act does not differentiate between categories, and the wording in the court decision is usually “deprive the right to drive vehicles,” meaning that you will not be able to legally drive a car, a motorcycle, a snowmobile, or a boat for the duration of the sentence.
The only way a car license can survive is if the citizen does not have a driver's license at all at the time of the violation, then an alternative penalty of administrative arrest for up to 15 days is applied, and if the license is ever issued, even if they are overdue, the risk of deprivation remains high.
| Type of violation | Punishment (fine) | Deprivation of rights | The alternative |
|---|---|---|---|
| First violation (Article 12.8 para.1) | 30,000 rubles. | 1.5 - 2 years | No. |
| Repeated violation (Article 12.8 of paragraph 4) | Criminal liability | Up to 3 years. | Imprisonment |
| Transfer of the steering wheel to the drunk (Article 12.8 of paragraph 2) | 30,000 rubles. | 1.5 - 2 years | No. |
| Refusal to medical examination (Article 12.26) | 30,000 rubles. | 1.5 - 2 years | No. |
The table shows the main types of punishment that can be imposed on the offender, and it is worth noting that the amount of the fine and the length of deprivation can vary depending on the specific circumstances of the case and the presence of mitigating factors, although practice shows the severity of the courts.
Repeated infringement and criminal liability
Special attention should be paid to situations where the violation is repeated: If within one year after the end of the previous sentence (or the return of rights), a citizen is again caught drunk driving a boat or car, the case enters into force. Criminal Code of the Russian Federation (Article 264.1).
The consequences of such a move can be disastrous for ordinary life: criminal liability involves not only huge fines (up to 300,000 rubles), but also a real prison term of up to two years, and criminal convictions close the doors to many professions and can create problems when traveling abroad.
The traffic police and the traffic police database system are now combined, so the inspector will instantly see the history of your violations, even if the first time you were caught on the water and the second time on the road, it is pointless to hide such facts, so the only strategy is to completely abstain from drinking before getting on the water.
Judicial practice and statute of limitations
Administrative offences involving intoxication are tried by justices of the peace at the place of commission of the offence or at the place of residence of the offender, the statute of limitations for prosecution is three months, and if the court does not rule during this time, the case shall be closed, but the court shall not be liable to any charges.