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Old 09-02-2015, 01:08 PM   #44
Ski in NC
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City: Wilmington, NC
Vessel Name: Louisa
Vessel Model: Custom Built 38
Join Date: Jan 2014
Posts: 6,194
Quote:
Originally Posted by denverd0n View Post
Check this page, Chapter 327.02, paragraph 30.
Statutes & Constitution :View Statutes : Online Sunshine

"(30) 'Operate' means to be in charge of, in command of, or in actual physical control of a vessel upon the waters of this state, to exercise control over or to have responsibility for a vessel’s navigation or safety while the vessel is underway upon the waters of this state, or to control or steer a vessel being towed by another vessel upon the waters of the state."

Regarding the comments about COLREGS, being underway, and that sort of thing... Doesn't matter. This is a state law, and the state legislature in Florida has defined the terms. If you are "in charge of" the vessel then you are "operating" it. It does not have to be moving at all. The comment about "underway" is an OR, not an AND. So, if you are in control while underway, OR you are in charge of the vessel (even when not underway), you are operating. And if operating, subject to charges of BUI.


Absolutely. I was pointed towards one account where someone may have gotten a ticket for this when legally anchored for the night in Florida (although that's not really clear). The key to that incident (in my mind) is that the person who got the ticket admits to having been seriously drunk, and completely obnoxious with the officer. Yeah, well, that's ALWAYS a good way to get a ticket!

This is just not a problem that any reasonable person needs to worry about.
Sounds like that definition of "operate" could also be applied to a boat tied up in a marina.
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