Ascension Day attracts many water sports enthusiasts to the lakes and coasts. Traditionally, this holiday is celebrated in a convivial atmosphere, which is often accompanied by alcohol consumption. In recent years, however, this holiday has been associated with an increased number of accidents, with three times as many alcohol-related traffic accidents. However, skippers and crew are also subject to strict alcohol regulations, comparable to road traffic. The water police often carry out checks on such public holidays. Violations of the rules can result in heavy fines and the revocation of driving licences.
Ideally, a skipper should not drink alcohol. If this is not possible, a sober replacement with appropriate qualifications should be on board. Careful planning is crucial: clearly define the responsibilities on board. Also pay attention to the crew, as excessive alcohol consumption can pose a safety risk. Ensure that sufficient non-alcoholic drinks and snacks are available.
Alcohol limits for skippers
The legal basis for the alcohol limit on German maritime waterways is the German Maritime Waterways Regulations (SeeSchStrO). Section 3 (4) stipulates that no one with 0.25 mg/l or more alcohol in their breath or 0.5 per mille or more in their blood may drive a vessel or perform bridge, deck or engine duties as a crew member. This regulation applies to all vehicles, including non-motorised ones. Similar regulations apply to inland waterways, which are set out in the Inland Waterways Regulations (BinSchStrO). One exception is Lake Constance, where a higher drink-drive limit of 0.8 applies.
Special regulations
Stricter regulations apply to certain areas of shipping. A zero alcohol limit applies when transporting passengers or dangerous goods. Both the skipper and all crew members on bridge duty must be completely sober while on duty. In addition, a level of 0.3 per mille or more can constitute relative unfitness to drive if symptoms of alcohol impairment occur.
Consequences of violations
Violations of the drink-drive limit can be punished as an administrative offence or a criminal offence. As a rule, values between 0.5 and 1.09 per mille constitute an administrative offence, provided that there are no symptoms of alcohol impairment and no danger to others. In the case of inland shipping, fines of between €350 and €2,500 may be imposed, and between €750 and €2,500 in the case of maritime shipping. For skippers of passenger ships or those transporting dangerous goods, the offence starts at 0.01 per mille.
Breaking the drink-drive limit while boating can also affect your driving licence for motor vehicles. In the case of serious offences or a criminal offence, there is also a risk of revocation.
Criminal offences
A value of 1.1 per mille or more constitutes absolute unfitness to drive, which is punishable under Section 316 of the German Criminal Code (StGB). This applies regardless of the appearance of symptoms of impairment. In such cases, a fine or prison sentence may be imposed. In addition, a medical-psychological examination (MPU) may be ordered. The offence of endangering shipping traffic according to § 315a StGB is particularly serious. Anyone who is unable to drive their vehicle safely due to the influence of alcohol and thereby endangers health, life or significant property is liable to a prison sentence of up to five years or a fine.
Loss of insurance cover
In addition to the consequences under criminal law, there is also the threat of civil law consequences: In the event of alcohol consumption and a subsequent accident, the insurance company may reduce or refuse benefits, especially if alcohol consumption was the cause of the accident. A blood alcohol concentration of 0.3 to 1.09 per mille may constitute relative unfitness to drive, which can lead to a proportionate reduction in the insurance benefit. Above 1.1 per mille, absolute unfitness to drive is assumed, which generally releases the insurer from the obligation to pay benefits. Skippers are then personally liable for damages. In the worst case, a drink-drive can therefore jeopardise your financial existence.
Unclear situation for anchor berths
While alcohol consumption on board in the harbour should not be a problem, it becomes more complicated for anchored yachts. Yachts under twelve metres in length that are moored in designated anchorages are not explicitly required by law to keep an anchor watch, as is the case for yachts over twelve metres. It could be deduced from this: If there is no obligation to keep an anchor watch, even a drunken anchor watch could not be legally detrimental.
However, anchormen also take part in the traffic. The skipper must be able to act at all times in order to be able to intervene in the event of weather changes or currents, for example. This means that the alcohol limit should also be observed when lying at anchor.
Caution with residual alcohol
The skipper must be sober again the next morning before casting off or weighing anchor. It is essential to be aware of the problem of residual alcohol. If you cast off early after a night of drinking, you not only risk your health, but also legal consequences.
Procedure for alcohol checks
The water police like to carry out checks, especially on public holidays such as Ascension Day. The officers can order breath tests and, if suspected, blood samples. Skippers are obliged to undergo these tests. A refusal is treated as a positive sample. During the checks, the officers also check the required documents. These include the recreational boating licence, identity card and any other certificates of competence. The boat's equipment is also checked for completeness and functionality.
Per mille limits at a glance:
alcohol limit on the water:
- Limit value: 0.5 per mille
- Breath alcohol limit: 0.25 mg/l
Scope of application:
- Federal waterways: 0.5 per mille
- Inland waterways: 0.5 per mille
- Maritime waterways: 0.5 per mille
- Lake Constance: 0.8 per mille
Special regulations:
- Passenger shipping: 0.0 per mille
- Transport of dangerous goods: 0.0 per mille
- In case of signs of impairment: 0.3 per mille
Possible sanctions:
- Inland navigation (0.5-1.09 per mille): 350 to 2,500 euros
- Maritime shipping (0.5-1.09 per mille): 750 to 2,500 euros
- From 1.1 per mille: fines or imprisonment, MPU order
- Passenger shipping (from 0.01 per mille): at least 300 euros
Calculate per mille
The amount of per mille that is reached after consuming various drinks depends heavily on various factors, including body weight, gender, stomach fullness and the type of drink. There are various per mille calculators on the Internet that give an indication of the respective per mille value. For example the Per mille calculator of the ADAC.
However, the calculation of the blood alcohol level is only ever a rough estimate. The actual alcohol level in the blood can vary greatly from person to person.
8 Spirits and recipes
Historically, alcohol on board has a long tradition. The "manoeuvre drink" not only served to motivate the crew, but also had practical reasons. High-proof spirits such as rum kept better on long sea voyages than beer or wine. They were also supposed to help against scurvy and other illnesses.
Today, maritime cocktails enjoy great popularity. Gin and tonic, for example, arose from the need to make the bitter quinine drinkable as a malaria prophylactic. Rum-based drinks such as the Dark 'n' Stormy have their roots in the Caribbean. Many water sports enthusiasts uphold these traditions - naturally only in a safe harbour or at anchor.
We explain the maritime backgrounds for eight popular spirits and show delicious cocktail recipes.
