The question of what is provided boat-drinkingMany boat owners mistakenly believe that the water element implies less control by law enforcement agencies than roads. However, the statistics of the GIMS of the Russian Ministry of Emergency Situations suggest the opposite: the number of inspections and raids to identify citizens operating small boats in a state of intoxication is growing every year.
Russian law clearly classifies drunk driving as a high-risk administrative offence, which is not just a formality but a necessary measure, given that alcohol significantly reduces reaction speed, disrupts coordination and dulls the sense of self-preservation. Floating instrument under the control of a drunken person turns into an unguided projectile, capable of causing serious harm to both the boatmaster and others.
In this article, we will discuss in detail the actual amount of fines, the procedure for examination on the water, the peculiarities of deprivation of rights and the consequences of repeated violations. Understanding these nuances will help you avoid serious financial losses and problems with documents.
Legislative framework and concept of “small craft”
Before we get to the figures, you need to clearly define which boats are subject to the provisions of the Code of Administrative Offences. According to the legislation, small boats include rowing boats with a carrying capacity of more than 100 kg, inflatable boats, kayaks, scooters and motor boats with an engine capacity of less than 8 kilowatts (or about 10 hp).
The main legal act regulating liability is Article 12.8 of the Administrative Code of the Russian Federation. It is important to understand that this article is the same for all types of vehicles, whether it is a multi-ton truck, a passenger car or a small inflatable boat with an outboard motor. The law does not make exceptions for “small forms” of water transport, equating the risks posed by a drunken boatmaster with the risks posed by the driver of a car.
The key moment The operation of any small vessel, including those that do not require registration (for example, boats with a motor up to 5 hp or rowing boats), is subject to this article.
There is a common myth that if a boat is not registered, then there is no need to have rights to it, and therefore there is no need to pay penalties. This is a dangerous misconception. GIMS inspectors have every right to check the identity documents and rights to run a small court, and if they are absent or drunk, the protocol will be drawn up with all the ensuing consequences.
Even if your boat does not require registration, having an M category and being sober is a legal requirement for any motor boat.
Fines and types of liability
The penalty for driving a boat while intoxicated depends on whether a person is first brought to justice or commits the offence again, and the financial component of the fine is significant and is intended to serve as a serious warning to offenders.
For citizens driving a small vessel in a state of intoxication, if their actions are not criminal, a fine of thirty thousand rubles is provided. In addition, as an additional measure, the deprivation of the right to drive vehicles of all categories and subcategories for a period of one and a half to two years is applied.
The situation is aggravated if the offence is committed again, and repeated violation is understood as the case when a citizen again gets behind the wheel (or a rample) under the influence of alcohol within one year from the end of the term of execution of the previous order, in which case the fine increases to fifty thousand rubles, and the term of deprivation of rights increases to three years.
According to the note to article 12.8 of the Administrative Code, refusing to undergo such a survey is equivalent to driving while intoxicated, which means that if you refuse to “breathe into the tube” or take tests, you will automatically face a fine of 30,000 rubles and deprivation of rights, even if the actual state of intoxication has not been proven.
| Type of offence | The amount of the fine (ruble) | Deprivation of rights | Regulatory act |
|---|---|---|---|
| Primary administration under the influence of alcohol | 30 000 | 1.5 - 2 years | part 1.1 of Art. 12.8 of the Administrative Code of the Russian Federation |
| Repeated administration under the influence (within a year) | 50 000 | 3 years | Part 4 of Art. 12.8 of the Administrative Code of the Russian Federation |
| Refusal of medical examination | 30 000 | 1.5 - 2 years | part 1 of Art. 12.26 of the Administrative Code of the Russian Federation |
| Transfer of control to a drunk person | 30 000 | 1.5 - 2 years | Part 2 of Art. 12.8 of the Administrative Code of the Russian Federation |
A fine for drunkenness on a boat automatically entails deprivation of motor rights, since Article 12.8 of the Administrative Code is the same for all vehicles.
Procedure for water survey
The procedure for detecting the state of intoxication on water has its own peculiarities due to the specifics of the environment. The inspector of the GIMS does not have the right to draw up a report on the offense based solely on visual signs (shaky gait, smell of alcohol, slurred speech).
The first stage usually becomes spot-testing The inspector must show the device, show that it is in good condition, has a valid certificate of verification and sealed, the mouthpiece must be disposable and open in front of you, if you do not agree with the readings of the device or the inspector can not provide documents for the breathalyzer, you can be sent for medical examination.
The medical examination is conducted in a specialized medical institution or a doctor of the relevant specialty, it is the doctor's opinion that is the main evidence in court, the protocol records not only the presence of alcohol, but also its concentration, the permissible norm is 0.16 mg / l in exhaled air or 0.3 ppm in blood, exceeding these values is considered to be evidence of intoxication.
It is important to note that the inspector of the GIMS has the right to bring you ashore for procedures if you are afloat. Resistance to the legal requirements of the State Inspectorate employee can be qualified under article 19.3 of the Administrative Code of the Russian Federation, which entails a fine or administrative arrest.
What if the breathalyzer shows zero, but you are still being taken for medical examination?
The inspector may insist on medical examinations if he has reason to believe that you are under the influence of narcotic or psychotropic substances that are not determined by a conventional breathalyzer, in which case refusal is also equated with intoxication.
Deprivation of rights: nuances and consequences
Many boatmasters underestimate the risk of deprivation, considering that boat and car licenses are different documents and different categories, but since 2014, the category “M” has appeared in driver’s licenses, and the rights to operate a small vessel issued by GIMS are integrated into a single system of accounting for violations. Forfeiture of your boat drinking license means the withdrawal of all your driving licenses, including your car, tractor and motorcycle licenses.
The trial proceeds through the courts. Once the report is drawn up by the GIMS inspector, the case file is submitted to the court at the place of the offence or the offender's residence. The trial examines evidence, including the administrative offence report, the results of the examination and the testimony of witnesses.
If the court decides in your favor, the rights remain with you. If the court finds you guilty, the decision enters into force, and you are obliged to surrender the rights within three days. During the period of deprivation, driving any vehicle is prohibited. Attempt to drive a car during this period threatens criminal liability under article 264.1 of the Criminal Code of the Russian Federation.
The term of deprivation begins only after you have surrendered your rights to the traffic police. If you do not pass the certificate, the term of deprivation will not begin, and you will be listed in the database as a person who has no right of management, but formally not serving a sentence, this can lead to problems when trying to obtain new rights in the future.
Responsibility for the transfer of management
A separate line in the legislation is the responsibility for transferring control of the boat to a person who is intoxicated, the owner of the boat or boat must make sure that the person whom he trusts the tiller or steering wheel is adequacy, if you hand over control to a friend who has drunk a "couple of beers" and stopped by GIMS, a fine of 30,000 rubles and deprivation of rights threaten both.
Proving that you were unaware of the intoxication of the person being handed over to the control is extremely difficult, courts generally assume that the transferor must have made sure the boatmaster was sober, so when you organize a water trip, carefully monitor the crew and keep out those who consumed alcohol.
If you rent a boat and let a drunken acquaintance drive, bearing responsibility as the actual owner at the time of management, you also risk falling under article 12.8 of the administrative code.
Practical advice and safety
Driving a small vessel requires concentration and a quick response, especially in open water, where risk factors (excitement, wind, oncoming boats) are increased, and alcohol, even in small doses, reduces the ability to assess distance, speed and danger of a situation. Security On the water is not just about following the rules, it is about saving the lives of your passengers.
If you're planning a water holiday with the possibility of drinking alcohol, you should pre-determine who will be driving the boat. It's best if it's a sober crew member who is not part of the feast. It's also worth considering using a parking anchor if you want to relax while you're afloat. But remember that driving while you're in traffic is a key to qualifying a violation.
Keep in mind that GIMS inspectors conduct raids not only on weekends, but also on weekdays, often in the evening, and that life jackets, boat IDs and rights are mandatory requirements that are checked first, and that the absence of vests also carries a fine, but under another article of the Administrative Code.
☑️ Checklist before getting on the water
Frequently Asked Questions (FAQ)
Can you drive an inflatable boat with a 2 hp engine without a license and what kind of drunkenness will it be?
For a boat with a power of less than 5 hp (approximately 3.7 kW), category M rights are not formally required if the boat is not registered. However, article 12.8 of the Administrative Code applies to the management of any vehicle. Driving under the influence of alcohol will still be fined 30,000 rubles, since the law refers to a “vehicle” in general, not only to registered units.
What happens if I drink in the parking lot, turning off the engine?
If the engine is silenced, the boat is anchored or moored and you do not control (do not hold the tiller / steering wheel for the purpose of movement), then there is no offence. However, if the inspector decides that you are preparing for movement or the boat is drifting because of your actions, there may be disputes.
Is it criminally illegal to drink on a boat?
Criminal liability (Article 264.1 of the Criminal Code) occurs if you have previously been deprived of your rights for drunkenness (and the term of deprivation has not yet expired or less than a year after graduation) and again caught driving under the influence of alcohol. In this case, regardless of the type of vehicle (boat or car), you face a fine of up to 300 thousand rubles or imprisonment of up to 2 years.
Can the penalty be replaced by a penalty?
According to the note to article 12.9 of the administrative code of the Russian Federation, the replacement of deprivation of rights to a fine is possible only if the violation is recorded by automatic recording cameras, which is technically impossible for driving a boat under the influence at the moment. In the case of stopping the inspector GIMS and drawing up a protocol, deprivation of rights is a mandatory punishment along with a fine.
How long is the information about the violation stored in the GIMS database?
Information about the committed administrative offense is stored in the databases of the State Police and the traffic police indefinitely (indefinite) in the form of history. However, to qualify the violation as “repeated” (which entails a fine of 50,000 rubles.) only one year from the end of the execution of the previous decree is taken into account.