Wayne.B wrote:
On Sun, 08 Jul 2007 18:18:07 -0400, "Reginald P. Smithers III"
wrote:

Harry,
Why have you decided to change your name from Harry Krause to HK? Did
you decried it does make sense to follow the advice of internet security
experts and use a handle instead of your name?

Reginald,

Why do you insist on reposting every single bit of previous drivel
instead of snipping to something half way relevant?


Reggie is a troll, nothing more.

On Sun, 08 Jul 2007 21:00:20 -0400, Gene Kearns
wrote:

On Sun, 08 Jul 2007 10:48:21 -0400, Wayne.B penned the following well
considered thoughts to the readers of rec.boats:

On Sun, 08 Jul 2007 03:38:23 -0700, Chuck Gould
wrote:

Still, that said, busting people for having an open can of beer
anywhere aboard a boat seems extreme.

Especially on a canoe which is in no possible way a "motor vehicle".

Depends on how the local law is written of course but I'd like to see
them fight it out in court.

No point in trying to fight the tax collectors.... that is really 98%
of the intent of that sort of law.

Heh - as much as I would like to debate this with you, I would do so
from a position of extreme weakness.

I once asked a local legislator just how much time was spent on
debating the necessity of any particular piece of public safety
legislation vs considering the financial aspect of any particular
piece of public safety legislation.

He said the revenue portion (that's exactly how he put it - not
penalty/fine portion) is about 50% of any legislative debate when it
comes to public safety.

I'd lose the argument before we even got started. :)

On Mon, 09 Jul 2007 05:27:50 GMT, "Clams Canino"
wrote:

I have no problem with little boats (and pontoons) running at "headway
speed" with a load of beer and good old boys with fishing poles aboard.
HOWEVER... I'm all for throwing the book at BUI's up on plane. All the
Marine Patroll has to do is look for "strange behavior" in order to get the
real assholes off the water. Not some bull**** PR stunt, a "sweep" like that
is waste or resources and money. (but it looks good in print)

Ah - I get it.

Slow drunk boaters are better than fast drunk boaters.

Unbelievable.

On Sun, 08 Jul 2007 20:03:59 -0700, Chuck Gould
wrote:

I offer again my example from earlier in this thread. Joe Doaks has a
party of guests out for an afternoon cruise. Joe isn't drinking, and
in fact he's piloting the boat from the flybridge. Down below in the
salon, Mrs. Doaks is serving Margaritas to a couple guests of legal
drinking age. Is Joe Doaks a criminal? Should he be hauled into court
and made to answer for his behavior? In many states, certain boating
offenses cross reference to your vehicular driving license, so should
stone sober Joe's car insurance be cancelled or his premiums be
doubled because somebody else on his boat (well out of reach of the
skipper) had an alcoholic beverage?

How do you make the distinction between passengers and Captain? Do
the passengers have a sign on their backs that says "Passenger"?

Look, I'm not totally convinced that the situation that originated
this discussion was reasonable - there is a point where enforcing the
law requires descretion and balance - I totally agree.

However, if there is a history of abuse in a particular area and the
users and bordering neighbors complain about same, then drastic
enforcement may be required as a warning.

I'm sure the cops would much rather be out doing other things than
bsting some poor stiff who had a Bud while paddling down the river.

On Mon, 09 Jul 2007 03:27:08 -0400, Wayne.B wrote:


http://en.wikipedia.org/wiki/United_...container_laws

Note that the federal guidelines apply to:

1. Motor vehicles

2. Vehicles on a public highway or the right-of-way (i.e. on the
shoulder) of a public highway

Depending on the state, the definition of "public highway" can be considerably broader, including parking
lots, and private driveways. The following is for New York:

http://www.legalsurvival.com/dwilink/nov02.html

However, the federal definition of motor vehicle seems to exclude boats.

"MOTOR VEHICLE - Includes an automobile, automobile truck, automobile wagon, motorcycle, or any
other self-propelled vehicle designed for running on land but not on rails. 18 USC"

From:
http://www.lectlaw.com/def2/m048.htm

On Sun, 08 Jul 2007 18:15:43 -0400, "Reginald P. Smithers III"
wrote:

HK wrote:


What's interesting is that the flaming asshole known here for the moment
as Reggie Smithers *still" directs questions and comments to me.

Harry,
While all of my question and comments are civil, yours always seem to be
the exact opposite, why is that?

And with nary a word from those so quick to jump on others for an
inappropriate remark!
--
John H

Short Wave Sportfishing wrote:
On Sun, 08 Jul 2007 20:03:59 -0700, Chuck Gould
wrote:

I offer again my example from earlier in this thread. Joe Doaks has a
party of guests out for an afternoon cruise. Joe isn't drinking, and
in fact he's piloting the boat from the flybridge. Down below in the
salon, Mrs. Doaks is serving Margaritas to a couple guests of legal
drinking age. Is Joe Doaks a criminal? Should he be hauled into court
and made to answer for his behavior? In many states, certain boating
offenses cross reference to your vehicular driving license, so should
stone sober Joe's car insurance be cancelled or his premiums be
doubled because somebody else on his boat (well out of reach of the
skipper) had an alcoholic beverage?

How do you make the distinction between passengers and Captain? Do
the passengers have a sign on their backs that says "Passenger"?

Look, I'm not totally convinced that the situation that originated
this discussion was reasonable - there is a point where enforcing the
law requires descretion and balance - I totally agree.

However, if there is a history of abuse in a particular area and the
users and bordering neighbors complain about same, then drastic
enforcement may be required as a warning.

I'm sure the cops would much rather be out doing other things than
bsting some poor stiff who had a Bud while paddling down the river.

SWF,
There are many states where it is legal to have an open container in a
boat, as long as the driver is below the legal limit. If they come up
to the boat while it is underway, it is easy to see who is behind the
wheel, if they are at anchor, they just ask who is the driver.

I have been stopped for a safety check after having a beer, and have
never had them ask me to blow into anything, I guess I either didn't
have any smell of alcohol on my breath, or they can tell the difference
between one beer and 6.

Today, I don't bring any beer on board, but would allow a passenger to
bring some as long as they limited their consumption so they will be
below the legal limit at the end of the day. I don't want anyone to be
driving home drunk. I figure a beer an hour will keep someone below .08.

People SUCK! Remember?

Try hanging around with a better class of people. Or are you part of what
they'd consider the "suck" part?

On Mon, 09 Jul 2007 07:44:10 -0400, "Reginald P. Smithers III"
wrote:

Today, I don't bring any beer on board, but would allow a passenger to
bring some as long as they limited their consumption so they will be
below the legal limit at the end of the day. I don't want anyone to be
driving home drunk. I figure a beer an hour will keep someone below .08.

Now there's another consideration.

When I was running SWS semi-full time, the rule was no alcohol onboard
- period. I even turned around and returned to the dock when one
client brought some orange juice on board spiked with vodka. (By the
way, don't believe it when they tell you vodka doesn't smell - its
does).

Now when we returned to the dock, that was another story. Break out
the case of beer kept on ice in the slip's storage locker and let's
sit back and talk over the trip. I always kept an eye on that though
because of the very reason you stated - I didn't want anybody driving
home intoxicated.

It seems to me that there are a number of different ways of looking at
this open container law.

Stupid fu**in" pigs only protecting their budget probably, trying to
show folks they are doing their job and not chasing girls and rolling
pimps all night. When you see an operation like this it is probably
because someone is putting pressure on them to slow down a little. So
they come out to a big public event, with lot's of media, and bully a
few people around, make the papers. Bull****, that's all it is. Like
around here, they come out once a year, usually near October (right
before elections) or so and do a big bust where they make a lot of
noise and take a few kids smoking joints off the street, but they
carefully work around anyone who is moving any quantity, would not
want to really shut off the gravy train!

Imagine what that effort could have done to the drug business in the
area, if they really wanted to bust pushers, but they don't do blue on
blue enforcement!