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-   -   legal to drink beer in a kayak? (http://www.bigwatersedge.com/bwevb/showthread.php?t=15341)

OutdoorAdvntr 09-27-2012 12:48 PM

legal to drink beer in a kayak?
 
not that i'm going to drink beer.. i'm just curious if it is legal?.. :cheers1:

thanks!

MrM 09-27-2012 12:56 PM

I remember this topic from a while back... I think the bottom line was "no".

Croaker Dave 09-27-2012 01:20 PM

It has to be local. No out of state megabrewery stuff or federal regulations come into play.
:reel:


As for this :canabis: you need a valid and current California Cannabis card.


My legal advice is worth what you paid for it.

jorluivil 09-27-2012 01:25 PM

Quote:

Originally Posted by Croaker Dave (Post 134559)
It has to be local. No out of state megabrewery stuff or federal regulations come into play.
:reel:


As for this :canabis: you need a valid and current California Cannabis card.


My legal advice is worth what you paid for it.

The problem with this stuff :canabis: :sifone: is that its not recognized by the federal government and since most of the waters are patrolled by the USCG you're better off leaving it in the car and smoking that doobie when you get home, or on the way home if someone else is driving.

Redeyejedi 09-27-2012 01:40 PM

i rarely miss a chance to crack a cold one out there. :D there is something about being out on a calm, sunny day....relax, watch the shore-circus, take in the coastline, and perhaps even :reel: get some line in the water.

also, there is a difference between getting drunk and having a few brews over a day on the water.

nitsuj 09-27-2012 01:42 PM

Dunno if it's legal or not but I can say for sure that putting it in Nalgene bottles make it look less beer-y to anybody that may care

Redeyejedi 09-27-2012 01:43 PM

apparently it is not legal, nor is tubing, rafting, SUP'n and drinking, unless otherwise specified.


http://www.dbw.ca.gov/Pubs/Alcohol/ba.pdf
and vessel is defined:

(aa) "Vessel" includes every description of watercraft used or capable of being used as a means of transportation on water, except either of the following: (1) A seaplane on the water. (2) A watercraft specifically designed to operate on a permanently fixed course, the movement of which is restricted to a fixed track or arm to which the watercraft is attached or by which the watercraft is controlled.</pre>

ful-rac 09-27-2012 01:56 PM

Just Drink your beer and smoke your weeed...no big deal...just don't be stupid! That's my opinion!

GR6RR 09-27-2012 01:56 PM

daym. been breaking the law all this time... :p

wbrewski 09-27-2012 01:57 PM

it's not legal only if they catch you, been doing it for years, just be discreet, get a Starbucks on the way keep the cup and pour beer into it. :linesnap:

Redeyejedi 09-27-2012 02:01 PM

juth dthrink your weed anth schmoke yer beer.
andth donth be sthuped.

jorluivil 09-27-2012 02:18 PM

Quote:

Originally Posted by Redeyejedi (Post 134568)
juth dthrink your weed anth schmoke yer beer.
andth donth be sthuped.

http://www.therundown.tv/wp-content/...oke9812218.jpg

ful-rac 09-27-2012 02:22 PM

Quote:

Originally Posted by Redeyejedi (Post 134568)
juth dthrink your weed anth schmoke yer beer.
andth donth be sthuped.

http://i169.photobucket.com/albums/u...p/e0d1105e.jpg

TJones 09-27-2012 02:29 PM

can you hook me up?
 
its all good until someone gets hurt. :eek:

tehburninator 09-27-2012 02:43 PM

all is ok in moderation..... as long as you dont get caught moderately.... haha!

todd one 09-27-2012 03:34 PM

I go to a lot of concerts at Humphrey's By The Bay, on my kayak. I'm going to Crosby Stills and Nash Saturday night. I sit out there and have a few beers and enjoy the free show. I never thought I was braking the law. it's not a motor vehicle. If I am, 80% of the boats out there are too.

jorluivil 09-27-2012 03:52 PM

Quote:

Originally Posted by todd one (Post 134576)
I go to a lot of concerts at Humphrey's By The Bay, on my kayak. I'm going to Crosby Stills and Nash Saturday night. I sit out there and have a few beers and enjoy the free show. I never thought I was braking the law. it's not a motor vehicle. If I am, 80% of the boats out there are too.

I got popped for a DUI driving home from a bar......It was actually a night club but I told my wife it was a bar, maybe that's why I got busted. Anyway, if I add up all the cost which includes court cost, lost time at work, insurance deductible, increase in my insurance rate, court ordered counseling classes, court ordered AA classes, the cost to travel to and from community service, the lost overtime on Saturdays which I couldn't work because I had to do community service, and so on and so forth...................$15k. That was 20years ago, can't imagine what it would cost today.

mtnbykr2 09-27-2012 04:06 PM

:iagree: IT AIN'T WORTH IT....

Besides it cuts into the kite flying time...

nitsuj 09-27-2012 04:09 PM

Quote:

Originally Posted by Redeyejedi (Post 134564)
apparently it is not legal, nor is tubing, rafting, SUP'n and drinking, unless otherwise specified.


http://www.dbw.ca.gov/Pubs/Alcohol/ba.pdf
and vessel is defined:

(aa) "Vessel" includes every description of watercraft used or capable of being used as a means of transportation on water, except either of the following: (1) A seaplane on the water. (2) A watercraft specifically designed to operate on a permanently fixed course, the movement of which is restricted to a fixed track or arm to which the watercraft is attached or by which the watercraft is controlled.

So if I'm reading the laws correctly I can drink a beer while piloting my seaplane*? :cheers1:








*I don't own a seaplane, but if I did I'd wear my beer helmet

jorluivil 09-27-2012 04:09 PM

I am soooooo ready

http://i997.photobucket.com/albums/a...g?t=1348790909

http://i997.photobucket.com/albums/a...g?t=1348790909

bus kid 09-27-2012 04:21 PM

Quote:

Originally Posted by jorluivil (Post 134583)

Wrong forum, please move you ad to the classified section!

DanaPT 09-27-2012 05:07 PM

I can't imagine the type of attention one would have to bring to themselves to get a cop to stop a kayaker on the water cause of a beer in their hand.

I'd bet $1.54 that no one on this site has ever been given a DUI while paddeling or peddeling on the water. UNLESS of course you and your kayak ended up washed out to sea and the USCG and local law enforcement/public safety were out looking for your drunken passed out ass. Or you get hit by a boat (your fault or not).

IF I'm wrong, and someone has been busted for drinking while, going to or coming from fishing, I'll pay the $1.54. Cold hard cash and coin.

You'll just have to come up here are get it. OR if you are near la jolla, just call when me when the bite is WFO and I'll meet you on the water down there.

:toetap05:

Redeyejedi 09-27-2012 05:23 PM

Quote:

Originally Posted by nitsuj (Post 134582)
So if I'm reading the laws correctly I can drink a beer while piloting my seaplane*? :cheers1:








*I don't own a seaplane, but if I did I'd wear my beer helmet

that's how i read it too. all's i need to now, add some wings and a prop to the yak and i think we're golden. :cheers1:

roby 09-27-2012 09:03 PM

Quote:

Originally Posted by ful-rac (Post 134570)

Just for the record I was not drunk and I was only "high" on camraderie.....

FlyFishinYakr 09-27-2012 10:17 PM

Careful, Seaplanes come under the FAA rules. My backround is from the U.S. Dept. of Transportation. Coast Guard & Harbor Patrol usually don't worry about Kayakers cause you are not likely to ram and sink a boat or kill a swimmer. As previously mentioned, unless you get messed up and don't return when scheduled and someone reports you missing, cause your passed out in your yak, then you'll have a problem and a large SAR (search and rescue) bill from the Coast Guard not to mention a free stay @ the local jail overnight.
Drinking while operating a motorized vessel is a different thing. That's treated like a motor vehicle DUI violation. Boat registration suspended and possibly DMV License, depending on Judge and probation.
Just my .02
FFY.

Drake 09-27-2012 10:46 PM

Quote:

Originally Posted by Redeyejedi (Post 134562)
i rarely miss a chance to crack a cold one out there. :D there is something about being out on a calm, sunny day....relax, watch the shore-circus, take in the coastline, and perhaps even :reel: get some line in the water.

also, there is a difference between getting drunk and having a few brews over a day on the water.

BUSTED

Quote:

Originally Posted by nitsuj (Post 134563)
Dunno if it's legal or not but I can say for sure that putting it in Nalgene bottles make it look less beer-y to anybody that may care

BUSTED


Quote:

Originally Posted by ful-rac (Post 134565)
Just Drink your beer and smoke your weeed...no big deal...just don't be stupid! That's my opinion!

BUSTED


Quote:

Originally Posted by GR6RR (Post 134566)
daym. been breaking the law all this time... :p

BUSTED

Quote:

Originally Posted by wbrewski (Post 134567)
it's not legal only if they catch you, been doing it for years, just be discreet, get a Starbucks on the way keep the cup and pour beer into it. :linesnap:

BUSTED

Quote:

Originally Posted by Redeyejedi (Post 134568)
juth dthrink your weed anth schmoke yer beer.
andth donth be sthuped.

BUSTED


Quote:

Originally Posted by todd one (Post 134576)
I go to a lot of concerts at Humphrey's By The Bay, on my kayak. I'm going to Crosby Stills and Nash Saturday night. I sit out there and have a few beers and enjoy the free show. I never thought I was braking the law. it's not a motor vehicle. If I am, 80% of the boats out there are too.

BUSTED

http://img.photobucket.com/albums/v1...AG2169-1-1.jpg

YOU'RE ALL BUSTED. Hands behind your backs.
Now, for safety and LEGAL reasons.... I'll be commandeering your beer. :cheers1::cheers1:

And, your :lobster::lobster:

Sorry. It's my job, nothing you can do about it.... :icon_bs::icon_bs:

Now I know who to look for on the water. Didn't anyone ever teach you, be careful what you post on the interwebs! :bigear:


:the_finger::the_finger:

:cheers::cheers::cheers:

tacmik 09-27-2012 11:14 PM

I'll be comendearing your beer.


And didn't anyone ever tell you to use spell check?
Guess I'll have to "commandeer" the B & B (beer and bugs) from you.

raffman55 09-28-2012 10:47 AM

I spent many a day on the bay, cracked many a beer, drank scotch and tequila (at diferent times), while enjoying a cigar, paddling about. Polce boat passed me on many occasions, never an issue. Navy boats, the same. Not an issue for me any longer anyways, as I gave up drinking a year ago. Enjoy.

Drake 09-28-2012 11:27 AM

Quote:

Originally Posted by raffman55 (Post 134669)
I spent many a day on the bay, cracked many a beer, drank scotch and tequila (at diferent times), while enjoying a cigar, paddling about. Polce boat passed me on many occasions, never an issue. Navy boats, the same. Not an issue for me any longer anyways, as I gave up drinking a year ago. Enjoy.

BUSTED

steveooo 09-28-2012 11:58 AM

There is no open container laws on a boat in the CA ocean. While it is not illegal to crack a cold one, it is illegal to operate the vessel while impaired or under the influence. Don't be drunk OTW, don't blow more than a .08, or act stupid enough to give them a reason to deem you "under the influence", and you will be fine.

Getting legal advice from strangers on the internet? #Winning!

http://i35.photobucket.com/albums/d1...r/file-101.jpg

Drake 09-28-2012 12:04 PM

Quote:

Originally Posted by steveooo (Post 134674)
There is no open container laws on a boat in the CA ocean. While it is not illegal to crack a cold one, it is illegal to operate the vessel while impaired or under the influence. Don't be drunk OTW, don't blow more than a .08, or act stupid enough to give them a reason to deem you "under the influence", and you will be fine.

Getting legal advice from strangers on the internet? #Winning!

BUSTED

But you put me on my first WSB so I'll let you off with a warning :cheers1:

maui jim 09-28-2012 08:50 PM

Lets go Jeorge!!!!!

jorluivil 09-29-2012 01:07 AM

Quote:

Originally Posted by maui jim (Post 134699)
Lets go Jeorge!!!!!

fo-shizzo-my-nizzo

Dannowar 09-29-2012 02:08 AM

Man, I was so stoned the first time I paddled out. Surf launch on an ocean 6 foot. Rods in scupper holes. Sittin in water. Didn't flip once. :kayak-surfer:


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