In NY, BUI as a passenger?

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Originally Posted by Lake Fan

So the "designated driver" idea is inoperable when in a boat? Isn't he captain (operator) of a boat the one driving it? Especially if the "owner" is incapacitated due to alcohol consumption? Interesting....

The designated driver, if given that responsibility by the "Captain", has to be able to take full responsibility for the vessel including any licensing and competency issues.

I would ask that everyone go back and read the CFR & the RSA. The "Captain" of the vessel is the person excercising control over it's operation. That does not mean that it is always the one with the hand on the wheel and throttle.

Don't confuse maritime law with the motor vehicle code. In many cases there are clear differences.

In reality in almost all instances that an intoxicated boat owner gives the wheel to a sober adult, it would be extremely difficult for the State to prove that the operator was totally incompetent and that the drunk was in command. That is why this case is so rare that it is making headlines across the nation.

But if the authorities pull up to the scene and have the drunk "Captain" admit he was in control, and the operator indicates incompetence, then these regulations do pertain.

It's called having your case handed to you on a silver platter.

The State really isn't asking a lot hear folks. They are simply requiring that if you, as the owner, want to get intoxicated and hand control of the boat over to a third party....great for you (and all of us). Just make sure your operator can drive the boat! It's as simple as that....