Changing the Open Container Law on a Vessel

[sunbyrned]

I have this idea and am wondering if it has any merit. I assume we’re all aware of the drink and sink rule with beer cans on the water. This of course is so there are no open containers on the boat. However, this goes against everything we stand for in terms of conservation, pollution, etc.

Is there any merit in actually trying to change the open container law on a vessel in an effort to preserve the waters? Perhaps allowing for open containers but not while driving? Allowing for empty containers found in a garbage bag or cooler?I know some will say there shouldn’t be drinking on a boat, period. I get that, but that’s not the reality. I would be interested in heading up this effort but wanted to get some feedback first to see if it is even worth it. Thanks for considering!

 

[Julian]

I have this idea and am wondering if it has any merit. I assume we’re all aware of the drink and sink rule with beer cans on the water. This of course is so there are no open containers on the boat. However, this goes against everything we stand for in terms of conservation, pollution, etc.

Is there any merit in actually trying to change the open container law on a vessel in an effort to preserve the waters? Perhaps allowing for open containers but not while driving? Allowing for empty containers found in a garbage bag or cooler?I know some will say there shouldn’t be drinking on a boat, period. I get that, but that’s not the reality. I would be interested in heading up this effort but wanted to get some feedback first to see if it is even worth it. Thanks for considering!

I am not aware of the drink and sink rule with beer cans on the water? Going to have to google this now!

 

[haknslash]

Must be a Kentucky thing. You can drink beer on waters in Alabama so long as you're not in a dry county (yes we still have a few of those here).

Here are our laws regarding alcohol:

Boating Under the Influence

No person shall drive or be in actual physical control of a vessel or manipulate any water skis, aquaplane, or any other marine transportation device while:

• there is 0.08% or more by weight of alcohol in the blood.
• under the influence of alcohol.
• under the influence of a controlled substance.
• under the combined influence of alcohol and a controlled substance.
• under the influence of any substance which impairs the mental or physical faculties of the person.

Refusal to submit to a field breath test or other approved testing shall result in the same punishment as provided for operators of motor vehicles on the state highways (automatic suspension of vessel license).

That being said we have a volunteer program on our Lake Martin where people can help keep the lands and waters clean. There are many dives at the popular spots to help retrieve trash from the bottom. It sucks the lake is near Auburn college which naturally means many of them don't give two craps about doing the responsible thing and taking their trash with them.

 

[sunbyrned]

I am not aware of the drink and sink rule with beer cans on the water? Going to have to google this now!

It’s an unspoken rule amongst drinkers in the water to sink your cans after drinking.

 

[Troch1]

It’s an unspoken rule amongst drinkers in the water to sink your cans after drinking.

This is literally the first time I’m hearing of this insane practice. Clearly a regional issue.

 

[sunbyrned]

Must be a Kentucky thing. You can drink beer on waters in Alabama so long as you're not in a dry county (yes we still have a few of those here).

Here are our laws regarding alcohol:



That being said we have a volunteer program on our Lake Martin where people can help keep the lands and waters clean. There are many dives at the popular spots to help retrieve trash from the bottom. It sucks the lake is near Auburn college which naturally means many of them don't give two craps about doing the responsible thing and taking their trash with them.

Wow! I like that law. That makes sense. A few things on the river is that we have three forces at play. Fish and Wildlife, Police and the Coast Guard. All of which say no open containers. However, interestingly enough, the Fish and Wildlife guys are the most proactive at enforcing this. (Or so I’m told.) Another area where I think a change in policy would help is on waters in State Parks. No alcohol allowed there.

War Eagle by the way! (I used to be one of the band directors there back in the day.)

 

[sunbyrned]

This is literally the first time I’m hearing of this insane practice. Clearly a regional issue.

Ha! Maybe so. Welcome to KY!

 

[sunbyrned]

This already has been great feedback. Helps me be informed.

 

[F.M.]

I actually asked a marine police officer on Wheeler Lake (TN River) about drinking on a boat.

No law against drinking while boating in AL, only against being intoxicated. You can even be arrested/removed from a boat as a non-operator/passenger if they believe you're a danger to yourself or others. He didn't say anything about dry counties though.

War Eagle by the way!

And Roll Tide!

 

[sunbyrned]

I actually asked a marine police officer on Wheeler Lake (TN River) about drinking on a boat.

No law against drinking while boating in AL, only against being intoxicated. You can even be arrested/removed from a boat as a non-operator/passenger if they believe you're a danger to yourself or others. He didn't say anything about dry counties though.


And Roll Tide!

Roll Tide! (Got one of my degrees there in ‘98 believe it or not.)

 

[rrmidden]

It’s an unspoken rule amongst drinkers in the water to sink your cans after drinking.

That is seriously fucked up. If someone did that on my boat, that would be the last time they were on the boat, and probably the last time I ever talked to them.

 

[PeterB]

When I served in the USCG there were no violations for open containers on board - the only thing we could enforce were intoxication of the operator- this was a long time ago but I am unaware of any changes. That doesn’t mean that local inland waters don’t have restrictions beyond federal and most state rules I am aware of. Most states specifically exempt water craft from their vehicle open container rules. This is not an endorsement to get drunk on the water, and be aware you can lose your driver’s license for a drunk boating violation.

 

[2kwik4u]

This is 100% a KY thing. Almost all of the lakes in the state are on Army Corps of Engineers land, and also located within dry counties. Most places it's both illegal to purchase and to posses alcohol on the water.

The "Drink and Sink" mentality has been around for decades. I first heard it from my grandfather in the 80's and he was in his 50's at the time and said he had done it as long as he could remember. The idea being if you do get boarded by the water patrol (conservation officers in KY, more on that in a minute) you won't have any open containers. Truth if the matter is that you can get a public intoxication charge regardless of container status.

The only place you find actual officers on the water is the Ohio River and a few lakes that boarder other states. The rest of the waterways are patrolled by conservation officers. These are game wardens in KY and have more power than the state police. They can impound your equipment and send you to jail at will for any perceived infraction. The good side is there is a significant vetting process to be a CO, and that vast majority of the CO's are great very understanding people.

The truth of the matter, and the reality of the situation here is that if you're not acting like a dope, they'll most likely leave you alone. I've been on the water and drink on the water often over the last 25yrs. I've been boarded numerous times by CO's, Louisville Metro Police, and the Coast Gaurd. They were all early season safety checks and they didn't batt an eye at a few empty beer cans in a trash bag and a few more cold ones in the cooler. We once had to move FULL trash bags of beer cans out of the way so a coast Gaurd officer could see our fire extinguisher, and we could retrieve our registration. So long as there is a sober person at the helm (we always have a DD) and they take responsibility for the other not-idiots, we've never had a problem.

So......with all that said, I've never sunk a beer can. The boy scout and environmentalist in me won't let it happen. I'm pretty clear with my passengers as well, we leave no trace as best we can when boating. Take only pictures, leave only footprints.

 

[sunbyrned]

It is so common here. I just assumed it was everywhere. Glad to know it’s not. By the way, I’m not labeling KY. boaters. I’m one of them and we’re a great community. Just trying to make things even better.

 

[sunbyrned]

This is 100% a KY thing. Almost all of the lakes in the state are on Army Corps of Engineers land, and also located within dry counties. Most places it's both illegal to purchase and to posses alcohol on the water.

The "Drink and Sink" mentality has been around for decades. I first heard it from my grandfather in the 80's and he was in his 50's at the time and said he had done it as long as he could remember. The idea being if you do get boarded by the water patrol (conservation officers in KY, more on that in a minute) you won't have any open containers. Truth if the matter is that you can get a public intoxication charge regardless of container status.

The only place you find actual officers on the water is the Ohio River and a few lakes that boarder other states. The rest of the waterways are patrolled by conservation officers. These are game wardens in KY and have more power than the state police. They can impound your equipment and send you to jail at will for any perceived infraction. The good side is there is a significant vetting process to be a CO, and that vast majority of the CO's are great very understanding people.

The truth of the matter, and the reality of the situation here is that if you're not acting like a dope, they'll most likely leave you alone. I've been on the water and drink on the water often over the last 25yrs. I've been boarded numerous times by CO's, Louisville Metro Police, and the Coast Gaurd. They were all early season safety checks and they didn't batt an eye at a few empty beer cans in a trash bag and a few more cold ones in the cooler. We once had to move FULL trash bags of beer cans out of the way so a coast Gaurd officer could see our fire extinguisher, and we could retrieve our registration. So long as there is a sober person at the helm (we always have a DD) and they take responsibility for the other not-idiots, we've never had a problem.

So......with all that said, I've never sunk a beer can. The boy scout and environmentalist in me won't let it happen. I'm pretty clear with my passengers as well, we leave no trace as best we can when boating. Take only pictures, leave only footprints.

Interesting! Well, maybe this answers my inquiry. I’ll assume there is no merit in the effort, at least nationally. May keep thinking about the KY side of things though.

 

[2kwik4u]

Interesting! Well, maybe this answers my inquiry. I’ll assume there is no merit in the effort, at least nationally. May keep thinking about the KY side of things though.

I think it really depends on the CO, and how you're acting about it. If you're just floating and sipping, they've always looked the other way in my experience.

It's still technically illegal and your mileage may vary (like the No Wake Mode at Taylorsville thing), so there is still some merit if modifying the laws to be more clear about what is and isn't allowed.

 

[mwalker4]

I've spent a few summer trips on Lake Cumberland. If there is any open container laws in Kentucky, they do a great job of looking the other way down there. I think half the lake is in a dry county, but when the Ohio Navy is on the water there is plenty of alcohol.

 

[KC-AR240]

It’s an unspoken rule amongst drinkers in the water to sink your cans after drinking.

This doesn't happen on my boat

 

[Adrian @ JB Solutions]

Drink and Sink..... sounds like a good way to get your ass kicked at the sand bar. 100% unacceptable here and you will have a bad day if someone sees you do it, especially if glass.

 

[haknslash]

Drink and Sink..... sounds like a good way to get your ass kicked at the sand bar. 100% unacceptable here and you will have a bad day if someone sees you do it, especially if glass.

Same here. It would be highly frowned upon if someone saw you willingly do it. Sure people do it otherwise there wouldn't be trash but people don't want to see others just openly litter. I know I wouldn't.