The question of whether it is possible to drive a small boat while drunk is often raised by water lovers who mistakenly believe that the water has different laws than the road, and many people believe that if the engine does not work or the boat moves slowly, then violation is impossible. Code of Administrative Offences of the Russian Federation There are no exceptions for boatmasters under the influence of alcohol.
Management small-boat Drinking is equivalent to driving a car and has serious consequences, including heavy fines and disqualification, and the legislation clearly defines the permissible alcohol content standards and the inspection procedure, which can cost you not only money, but also the ability to own equipment in the future.
In this article, we will discuss in detail the legal aspects, the actual size of penalties and the technical nuances of the examination. PVC boats or boats for safe and legal rest on the water.
Legislative framework and definition of violation
Article 20.21 defines the state of intoxication as the presence of absolute ethyl alcohol at a concentration of 0.3 or more milligrams per liter of exhaled air, which is the same as the permissible error for drivers of cars. Any exceeding this threshold gives the inspector GIMS the legal right to draw up a report.
It's important to understand that steering a boat is not just about driving a motor. steering-stage or transom-wheel Even a drifting boat with a mounted motor can be considered as a control, the law does not separate the types of engines: whether it is a powerful engine. Yamaha low-powered TohatsuThe requirements for boatmaster sobriety are uniform.
⚠️ Attention: The inspector of the GIMS has the right to stop your boat at any time to check documents, and refusing to stop or attempt to escape can be considered a separate offense and incur additional sanctions.
There is a common misconception that if the boat is anchored, you can't steer it, but if the engine is started or the boat is not securely anchored and can be driven by wind or current while under your control, you are formally in control. skipperSo it's best to put off drinking until you're safely docked and the engine is turned off.
Fines and types of liability
Financial penalties for driving a small vessel under the influence of alcohol are substantial and are designed to discourage the desire to take risks. According to part 2 of article 20.21 of the administrative code of the Russian Federation, the fine is from 30 000 to 50 000 rubles.
In addition to the monetary penalty, the measure of deprivation of the right to operate small craft varies from 1.5 to 2 years, which means that during this period you will not be able to legally operate any of the vessels. boat, yacht Or a motorboat, even if it belongs to your friends.
For comparison with other violations and understanding the seriousness of the situation, consider the table of responsibility:
| Violation | Fine (rupe) | Deprivation of rights |
|---|---|---|
| Drunk driving | 30 000 – 50 000 | 1.5 - 2 years |
| Refusal of medical examination | 30 000 – 50 000 | 1.5 - 2 years |
| Transfer of control to the drunk | 30 000 – 50 000 | 1.5 - 2 years |
| Management without registration | 1 500 – 2 000 | No. |
If you give a friend a drink and then let him drive your boat, you are both fully responsible, and a fine of up to 50,000 rubles can be imposed on the owner of the boat and the actual owner of the boat. managerThe owner is obliged to monitor the condition of the persons to whom he trusts his equipment.
⚠️ Attention: Repeated violation of the rules of management under the influence of alcohol during the year can lead to criminal liability under article 264.1 of the criminal code of the Russian Federation, which threatens not with a fine, but with a real restriction of freedom.
Keep your cheques and purchase documents if you plan to drink alcohol after fishing, which can indirectly confirm the time of purchase, although it does not relieve you of management responsibility.
Procedure for water survey
The water sobriety test is different, but it is based on the same principles as on the roads, and if the inspector of the GIMS has reason to believe that the skipper is intoxicated (mouth odor, inappropriate behavior, speech disorders), he must offer to undergo the examination.
The initial inspection is carried out using technical means - breathalyzerThe instrument must be certified and entered in the State Register of Measurements, the inspector must present you with a certificate for the instrument and the valid stamp of verification, the inspection is carried out in the presence of two witnesses or using video recording.
If you do not agree with the results of the initial inspection or refuse it, you may be sent to the medical examinationIt is conducted in a specialized medical institution, and refusal to undergo medical examination is equivalent to confirmation of intoxication and carries the same penalties.
- 🚫 Refusal to blow into the tube automatically leads to the protocol of refusal of examination.
- ⚖️ The results of the breathalyzer are recorded in the protocol, which is signed by all participants in the procedure.
- 🏥 Medical examination is more accurate and takes into account not only exhaled air, but also biological fluids.
It is important to know that the inspector does not have the right to withdraw from you. navigational rights Until the court decision is made, you formally have the right to drive the boat, but in practice, the inspector can prohibit movement until the reason for detention (sober crew member or towing) is eliminated.
What if the breathalyzer shows zero, but you are still detained?
If the device is 0.00, but the inspector insists on violation, request a medical examination. Blood test is the most reliable evidence. Also, carefully monitor the completion of the protocol: any inconsistencies (time, place, readings of the device) can be grounds for cancellation of the fine in court.
Technical aspects and types of vessels
The law doesn't differentiate between the types of small boats. PVC, aluminium boat The requirements for the boatmaster are the same, but the physical specifications of different vessels may influence the inspector's assessment of the situation.
Driving a heavy metal boat with a powerful motor requires high concentration and rapid reaction. Alcohol dulls the sense of danger and slows the reaction, which is especially critical on the water due to the lack of brakes and inertia of movement. boat At full speed, when colliding with an obstacle or a person can cause serious injuries.
There is a myth that a rowing boat without a motor is more lenient. This is not true. If a rowing boat is registered with the GIMS (which is required for boats with a carrying capacity of more than 100 kg or an engine capacity of more than 8 kW, although this is rare for rowers, but the safety rules are the same), then the boatmaster must comply with the same rules. If the boat does not require registration, administrative liability under the Administrative Code may not apply in terms of deprivation of rights to operate a small vessel, but the responsibility for violation of safety rules (creating an emergency) has not been canceled.
Special attention should be paid hydrocycleIt's a high-risk, high-fitting, high-grade, high-grade jet ski, and drunk driving statistically leads to the highest number of injuries, and the penalties and penalties are applied in full, because the jet ski is classified as a small boat.
☑️ Checking the water-readiness
Psychology and safety on the water
Water is an aggressive environment that doesn't forgive mistakes. The combination of alcohol and water amplifies the negative effect. On the shore, a person may feel normal, but on a rocking boat, under the influence of the sun, wind and engine noise, intoxication comes faster and is more difficult to tolerate.
Alcohol disrupts the vestibular apparatus, can lead to wobbly gait on land, and can lead to loss of balance and falling overboard on water, and even experienced swimmers intoxicated can run the risk of choking due to seizures or loss of orientation. Life jacket In such a situation, it is the only guarantee of survival, but it does not always help if a person is unconscious.
Alcohol also dulls the feeling of cold, and when you get out of the water, you may not notice hypothermia, which leads to heat stroke or loss of motor activity, and a responsible boat owner will never allow himself or his passengers to drink alcohol until the end of the navigation.
- 🌊 Water reflects the sun’s rays, enhancing the effects of ultraviolet light, which, when combined with alcohol, leads to heat stroke more quickly.
- 🤿 Underwater currents and waves may be invisible to the sober, but a drunk person will not be able to react to a change in the situation.
- 🆘 Distress signals from other boats may be missed or misinterpreted by the drunken master.
⚠️ Attention: Remember that in the event of an incident (overturn, collision) insurance companies have the right to refuse to pay compensation if it is proved that the skipper was intoxicated.
Safety on the water depends not only on the technical condition of the boat, but also on the psychological readiness of the crew.
Frequently Asked Questions (FAQ)
Can I drink alcohol on a boat when it is at anchor?
Technically, if the engine is shut down and the boat is securely anchored, it is not considered to be the control, but the inspector may consider the situation differently if the engine is warmed up or the boat begins to drift, it is better to refrain from alcohol until completely disembarking.
Do I face a car licence for driving a boat drunk?
No, the disqualification of the right to drive vehicles (cars) and small boats are different procedures. rights to operate a small vesselHowever, information about the violation can be transferred to other departments.
What is the maximum alcohol allowable for a boatmaster?
The allowable limit is 0.3 mg/l of exhaled air, which is a technical error of the device, and any conscious use of alcohol before going out on the water is risky, because even a small dose can affect the reaction.
What happens if I refuse to sign the protocol?
The inspector will make a mark on the document in the presence of witnesses, the protocol will be sent to the court, where the violation will be considered on the basis of available evidence (video, testimony of witnesses, test results).
Do these rules apply to SUP boards?
Inflatable SUP boards (supboards) longer than 3 meters belong to the floating-waterHowever, the rules of conduct on the water and the responsibility for creating emergency situations (Article 20.20 of the Administrative Code) apply to all. A drunk person on a sappord can be fined for violation of public order or safety rules.