The checks focussed on the fitness to drive of boat drivers and possible impairment due to alcohol and drugs. The officers checked recreational and charter boats as well as anglers and passenger ships.
Criminal charges for drunkenness
The officers detected significant alcohol consumption in three of the skippers. In the coastal area off Warnemünde, a breath alcohol test on a 62-year-old man from Rostock revealed a level of around 1.5 per mille. On the Warnow, the police checked a 34-year-old boat driver from Rostock with a blood alcohol level of 1.4 per mille. The officers found the same level in a 40-year-old man who was travelling with two other people in a fishing boat on Lake Plau.
In all three cases, the water police filed a criminal complaint for drink-driving. They were prohibited from continuing their journey and blood samples were taken from the skippers responsible.
In addition to the criminal charges for drink-driving, the water police registered a further 25 administrative offences or criminal offences over the course of the day. The officers punished offences such as not having a recreational boating licence, missing fishing permits and a lack of safety equipment on board.
Drinking limits for boat drivers
There are clear alcohol limits for boat drivers on German waters. Section 3(4) of the German Maritime Waterways Regulations stipulates that no person may drive a vessel with 0.25 milligrams per litre or more of alcohol in their breath or 0.5 per mille or more in their blood. This regulation applies to all vehicles, including non-motorised sailing boats. The inland waterway regulations contain similar provisions. One exception is Lake Constance, where a higher blood alcohol limit of 0.8 applies.
Stricter regulations apply to certain areas of shipping. A zero alcohol limit applies when transporting passengers or dangerous goods. A level of 0.3 per mille or more may constitute relative unfitness to drive if symptoms of impairment occur.
Consequences of violations
Violations of the blood alcohol 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 signs of impairment. In the case of inland shipping, fines of between 350 and 2,500 euros may be imposed, and between 750 and 2,500 euros in the case of maritime shipping.
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. This applies regardless of the occurrence of symptoms of impairment. In such cases, there is a risk of fines or imprisonment as well as the ordering of a medical-psychological examination. Breaking the drink-drive limit while boating can also affect your driving licence for motor vehicles.
The offence of endangering shipping traffic under Section 315a of the German Criminal Code 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 criminal law consequences, there are also 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 insurance benefits. Above 1.1 per mille, absolute unfitness to drive is assumed, which generally releases the insurer from the obligation to pay benefits. Skippers may then be personally liable for damages.
Pascal Schürmann
Editor YACHT
