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Charter Skipper Drinking - What's the Law?

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Category: Saltwater Fishing
Forum Name: The Briny Bar
Forum Description: The place for general chat on saltwater fishing!
URL: https://www.fishing.net.nz/forum/forum_posts.asp?TID=51661
Printed Date: 13 Jun 2026 at 3:53pm


Topic: Charter Skipper Drinking - What's the Law?
Posted By: MJ
Subject: Charter Skipper Drinking - What's the Law?
Date Posted: 13 Mar 2010 at 6:56pm
I understand that it is against the law for the skipper of a charter vessel to be drinking alcohol while on the job. Would somebody please confirm this for me and let me know what the actual regulation/law is and what it says? On a charter out of Auckland yesterday in winds up to 30knots plus and pretty much the first thing the skipper said to us was 'what about a beer for the skipper?" Wasn't the only one he consumed during a short charter.



Replies:
Posted By: 41south
Date Posted: 13 Mar 2010 at 7:16pm
Law or no law it sounds damn irresponsibleDisapprove

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"A computer lets you make more mistakes faster than any invention in human history - with the possible exceptions of handguns and tequila." -- Mitch Ratliffe


Posted By: ancient mariner
Date Posted: 13 Mar 2010 at 7:22pm
Your lucky, my one drinks rum!   


Posted By: Transformations
Date Posted: 13 Mar 2010 at 7:34pm
Whether you are driving a car, boat, plane, train or anything else that can potentially hurt or kill, the rules are the same. No drinking and driving, its just F###ing stupid Thumbs Down. Its not about the law, just good old common sense !!!

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We don't know what we don't need till we've got it


Posted By: tugboat
Date Posted: 13 Mar 2010 at 7:36pm
was that outa pine harbour??


Posted By: NZ_Nitro
Date Posted: 13 Mar 2010 at 8:14pm
Iresponsible but if it was just one or two over several hours he would be under the limit


Posted By: BeachedAsBro
Date Posted: 13 Mar 2010 at 8:45pm
That's terrible MJ - can't believe he had to ask Tongue

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Only when the last tree has died and the last river has been poisoned and the last fish caught will we realise we can't eat money.


Posted By: Busted!
Date Posted: 13 Mar 2010 at 9:08pm
A man is NOT a camel...
 
Seriously, there are sections of the maritime rules that cover operating a vessel while impaired - doesn't matter if the boat is private or commercial.
 
If you are concerned suggest taking it up with the operator as the preferred option or with the harbourmaster or MNZ as the risky option...  By risky I mean if there is to much of that being reported then we will all find that we have to blow in the bag before departing and upon return or we aren't allowed to go. 
 
The drowning rate is something they are looking at, hence the latest thing with lifejackets being compulsory on under 6m boats...
 
The guideline for most operators is "enjoy, with a beer" rather than "have a beer and enjoy" but there are operators out there that haven't quite caught up with the times.  Drunk people don't float, not a good look...


Posted By: Rotowarriors
Date Posted: 13 Mar 2010 at 9:12pm
I had a charter skipper smoke a spliff with the boys once, against the law, yes, irresponsible, maybe, but did I feel unsafe, No. Each person has their own thing that makes them feel uncomfortable I guess


Posted By: fozzie
Date Posted: 13 Mar 2010 at 9:19pm
Each to their owm I suppose, but my boat is a dry zone, dont give a rats arse if you want to get full of piss and run down the street naked once you are back at my house, but no alcohol on the boat, been caught out once, and never again, end of story.

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Dont take life too seriously.....no one gets out alive any way.
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Posted By: loxley
Date Posted: 14 Mar 2010 at 8:54am
Originally posted by Rotowarriors Rotowarriors wrote:

I had a charter skipper smoke a spliff with the boys once, against the law, yes, irresponsible, maybe, but did I feel unsafe, No. Each person has their own thing that makes them feel uncomfortable I guess


Isn't that a bit like saying its ok to drink and drive?

There are too many idiots on the water, we all see stupid things happen and close calls almost every time we go out, how would the skipper respond if a situation happened and he had a few beers inside him or smoked a fat one.
Mines a dry boat.


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Posted By: rocko
Date Posted: 14 Mar 2010 at 8:58am
Dont they have some sort of Health and safety policy in place...As a licenced operator i would assume alcohol and drugs comsumption would be inlcluded??

Please correct if im wrong?


Posted By: Big H
Date Posted: 14 Mar 2010 at 10:24am
I'd say so... bus drivers, taxi drivers, pilots & ferry operators or basically anyone thats liscensed to carry passengers have to be completely booze free when they're working... Only difference is a charter skipper is prob self employed so he can do what he wants, be in for a helluva skate if things went wrong tho wether it was strictly his fault or not.
 Bloody unproffesional no matter which way you look at it... I wouldnt jump in a taxi if the driver had a few under his belt...


Posted By: rocko
Date Posted: 14 Mar 2010 at 10:54am
Few charter opertors on site here...

Interesting to read there veiws for future reference..


Posted By: Busted!
Date Posted: 14 Mar 2010 at 11:37am
You just got mine on it, I personally don't drink very much regardless but there are a lot of clients that come out on the boat either hungover from the night before or intending to get skulled while they are out.
 
I've find that one or two pissed punters generally ruin it for the rest of the boat so have the rule if you are visibly pissed on the marina you don't come.  People are told before time, and if that happens there's no refund as we've lost the day for other bookings.  Same if we have to come back in early due to pissheads - no refund...
 
Boat H&S policy for crew is not to consume mind altering substances, but I don't have a problem with a couple of beers (not wine or spirits) at anchor, and over dinner at the end of the day.


Posted By: Brooook
Date Posted: 14 Mar 2010 at 11:52am
Happened to us a few years ago - skipper got visibly pissed. Thumbs Down 

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Give a man a fish and he will eat for a day.............Teach a man to fish and he will sit in a boat all day drinking beer,


Posted By: MJ
Date Posted: 14 Mar 2010 at 12:06pm
Still interested to know if someone can quote me chapter and verse.
 
Tugboat - not Pine Harbour.


Posted By: Uncle
Date Posted: 14 Mar 2010 at 12:18pm
Busted, I like your take on it.
If I were looking to charter, your outlook would ensure my interest.
 
I don't have any problem with guys having a few beers ( meaning FEW) but one or two pissed punters can ruin it for people who are a bit more serious about why they are out there.
 
As I see it, being a charter skipper is no different from being a bus or taxi driver when it comes to passenger safety so the alchohol or substance intake should be zero.
A little bit different at the end of the day thoughBig smile 


Posted By: Uncle
Date Posted: 14 Mar 2010 at 12:21pm
 a gentle reminder team~~~please, no naming names~~
thanks.
Big smile


Posted By: rocko
Date Posted: 14 Mar 2010 at 12:33pm
Originally posted by Busted! Busted! wrote:

You just got mine on it, I personally don't drink very much regardless but there are a lot of clients that come out on the boat either hungover from the night before or intending to get skulled while they are out.
 
I've find that one or two pissed punters generally ruin it for the rest of the boat so have the rule if you are visibly pissed on the marina you don't come.  People are told before time, and if that happens there's no refund as we've lost the day for other bookings.  Same if we have to come back in early due to pissheads - no refund...
 
Boat H&S policy for crew is not to consume mind altering substances, but I don't have a problem with a couple of beers (not wine or spirits) at anchor, and over dinner at the end of the day.
....

Just re read that appolgies busted...had to have a re read using 2 eyesEmbarrassed... no different any day on the water i spose then? use some bloody common sense??


Posted By: Rotowarriors
Date Posted: 14 Mar 2010 at 12:47pm
Originally posted by loxley loxley wrote:

Originally posted by Rotowarriors Rotowarriors wrote:

I had a charter skipper smoke a spliff with the boys once, against the law, yes, irresponsible, maybe, but did I feel unsafe, No. Each person has their own thing that makes them feel uncomfortable I guess


Isn't that a bit like saying its ok to drink and drive?


Where did I say that? 

If you feel your safety is being compromised, speak to the skipper. 

Idiots are gonna be Idiots regardless of alcohol or drug impairment, and you can't legislate against Stupidity. 

For the record drinking and driving is not OK

Mines a dry/spliff free boat, dry/spliff free house, dry/spliff free life, 


Posted By: Rock Fish
Date Posted: 14 Mar 2010 at 4:32pm
I wouldn't expect the skipper to be drinking while working. If he was to have A drink on the way back in then that's fine. That being said I don't drink when I'm on a charter.....you seen how small those toilets are, when your as wide as you are tall squeezing into a shoebox to take a piss every 5 minutes is not an option.

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Nothing makes a fish bigger than almost being caught.


Posted By: Bazzman58
Date Posted: 14 Mar 2010 at 4:48pm

We have a dry boat as well, who needs all them cans and bottles to lug off afterwards, best leave 'em at home keeping cold and tend to them later at the bbq.



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We all have one that got away..


Posted By: Muppet
Date Posted: 14 Mar 2010 at 5:06pm

Skippers should'nt really drink while on the job really should they. I would'nt mind passing him a cold beer on way home after a good day or something like that (thats just being a good sport) but you wouldnt expect the crew to drink to much either. What about driving home afterwards from the likes of Westhaven, Half Moon and Gulf Harbour!



Posted By: A C
Date Posted: 14 Mar 2010 at 5:17pm
I don't charter my little tub but I don't stop the crew form having a bevie or two just as long as they don't get rat arsed. I take it as my responsibility to ensure the crew safety as well as my own. If they want a sniff of Hong Kong smog then that's OK too, but not for me when I'm skipper. The team's I take all know that I need help with the boat to get it back on the trailer and I've never had a **** head yet.
 
While we're out I may have just one beer if the team have beer, but only if I'm invited as I never take alcohol on the boat - then that's it for me, I save the guzzle sesh for after the clean up when we're all safe and sound on the deck at home.
 
If I'm on a charter I make sure I know the skipper first, either by reputation or by knowing them personally, that way I know I'm in for a great charter. I've only ever had one poor charter and that wasn't because the skipper got pissed, it was because he was just bored with his job and he wasn't intrested in the clients whatsoever and just needed to retire.
 
It's not one of the guy's who frequent these hallowed pages either ......... crap boat, crap charter and crap skipper.    
 
It was three days at the Barrier too, we left from Sandspit and we all couldn't wait to bet back on dry land.
 
You get what you pay for and you pay for what you get. I take it as a good day out if the skipper has a beer or two at the end of the day with the crew, it shows he ( or she ) is interested in talking to you and the crew. If it's an overnighter I expect the skipper to have a damn good time and relax at the end of the day with a rum or a wine or a beer but be "all sorted " in the morning - and certainly be in control if the shoit hits the fan  in the middle of the night.                                                                   


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Aye-Aye cloth eyes.


Posted By: smudge
Date Posted: 14 Mar 2010 at 7:56pm
That's the shot AC.Thumbs Up


Posted By: CBrett
Date Posted: 14 Mar 2010 at 8:43pm
there is a clause in maritime law about being under the influence (alcohol & drugs), whilst in charge of a vessel whether it be recreational or charter.
 
you can be prosecuted if you get caught as well as cause serious harm or injury/death.
 
i know of two skippers who have had their tickets taken off them for good because of the above mentioned.
 
so yeah it is against the law. MARITIME LAW.
 
 


Posted By: tobez
Date Posted: 14 Mar 2010 at 9:01pm
"under the influence"  
 
is 1 or 2 beers under the influence? in court probably not as i dont consider myself under the influence after 2 at home


Posted By: Uncle
Date Posted: 14 Mar 2010 at 9:18pm
I don't mean to sound pedantic but is there any other profession where it would be considered ok for the driver to have a few beers?
 
If he's being paid to look after you, that means just that, I reckon.
The time for him to have a beer is at the end of the day when his job is done~~I reckon


Posted By: loxley
Date Posted: 14 Mar 2010 at 9:19pm
Originally posted by Rotowarriors Rotowarriors wrote:

Originally posted by loxley loxley wrote:

Originally posted by Rotowarriors Rotowarriors wrote:

I had a charter skipper smoke a spliff with the boys once, against the law, yes, irresponsible, maybe, but did I feel unsafe, No. Each person has their own thing that makes them feel uncomfortable I guess


Isn't that a bit like saying its ok to drink and drive?


Where did I say that? 

If you feel your safety is being compromised, speak to the skipper. 

Idiots are gonna be Idiots regardless of alcohol or drug impairment, and you can't legislate against Stupidity. 

For the record drinking and driving is not OK

Mines a dry/spliff free boat, dry/spliff free house, dry/spliff free life,


Sorry Roto
The point that I was trying to make is that you may not feel unsafe being a passenger but the drivers response to a situation could be impaired. I don't see why driving a car should be any different to a boat.
I used to drink and drive and thought I was a great driver, I realize now how stupid I was, no I didn't get caught or cause a crash just came to my senses.
 


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Posted By: Busted!
Date Posted: 14 Mar 2010 at 10:06pm
Originally posted by Uncle Uncle wrote:

I don't mean to sound pedantic but is there any other profession where it would be considered ok for the driver to have a few beers?
 
If he's being paid to look after you, that means just that, I reckon.
The time for him to have a beer is at the end of the day when his job is done~~I reckon
 
 
Agreed there, the awkward bit is overnight trips or multi-day stay away's - if you are at anchor is the day over?  That is one area that private skippers leave themselves open for a slapping regularly IMO, often see them or here them talking about the night before at anchor.
 
If they had to shift the boat through weather or some other idiot coming in, or had a failure onboard what use are they???


Posted By: Raging Bull
Date Posted: 15 Mar 2010 at 8:05am

There s a big difference between having a beer or 2 and getting ars*holed.

Id be more than happy for a charter skipper to have a few ales during the day.

As for the law, thats been covered but i would like to think if someone was worried enough to take it up with the authorities that they at least had the plumbs to tell the skipper they were not happy with them drinking at the time. Be a bit rough to sit there all day and say nothing and then run to the authorities when you get home and tell them the skipper was endangering your life!



Posted By: MJ
Date Posted: 15 Mar 2010 at 5:34pm

Thanks for all the posts but no-one yet has managed to tell me exactly what the law says. Either a skipper on the job is or he/she is not allowed to drink alcohol. If he/she is - how much?

Thing is, you dont want to say anything at the time as it will ruin the charter for the others who are there. Who wants to spoil it for everyone? Its not easy when you are out to have a good time. Giving the skipper a bollocking wouldn' be on. And no, I am not going to go off running to the authorities. I simply want to know what the law says.


Posted By: Brooook
Date Posted: 15 Mar 2010 at 5:55pm
MJ - ring OSH.

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Give a man a fish and he will eat for a day.............Teach a man to fish and he will sit in a boat all day drinking beer,


Posted By: Blue Asparagus
Date Posted: 15 Mar 2010 at 6:13pm
intead of asking the arm chair experts why not give MSA  call and get it 1st hand, at least a couple of operators have given there comments, it happens as does the use of drugs, its the way things are now mate.


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Ultimate GAME Fishing Adventures. Northland



Posted By: Transformations
Date Posted: 16 Mar 2010 at 12:10am
Originally posted by Busted! Busted! wrote:

Originally posted by Uncle Uncle wrote:

I don't mean to sound pedantic but is there any other profession where it would be considered ok for the driver to have a few beers?
 
If he's being paid to look after you, that means just that, I reckon.
The time for him to have a beer is at the end of the day when his job is done~~I reckon
 
 
Agreed there, the awkward bit is overnight trips or multi-day stay away's - if you are at anchor is the day over?  That is one area that private skippers leave themselves open for a slapping regularly IMO, often see them or here them talking about the night before at anchor.
 
If they had to shift the boat through weather or some other idiot coming in, or had a failure onboard what use are they???


ClapClapClapClap  OVER AND OUT !!!
ClapClap

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We don't know what we don't need till we've got it


Posted By: Bushpig
Date Posted: 16 Mar 2010 at 9:43am

God there are so up tight people around here



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I would rather laugh with the Sinners, than cry with the Saints


Posted By: mozz
Date Posted: 16 Mar 2010 at 12:42pm
Been on plenty of charters where the skipper has had a beer or 5.
Our boat in mexico we would have a few beers every now and then. I don't see any problem in it...... provided you don't get blind.  The Centre console I am running I don't drink but thats cause I have the bosses son onboard and I don't really have time for a beer....... once I am back on the mothership thoughWink


Posted By: JigNut
Date Posted: 16 Mar 2010 at 2:59pm
Originally posted by tobez tobez wrote:

"under the influence"  
 
is 1 or 2 beers under the influence? in court probably not as i dont consider myself under the influence after 2 at home
Either 1-2 beers or a puff on a J is Under the influence IMO... whether u are at home or not.
 
Im not up tight about people consuming beer on my waka as long as they bring 1 for me and also have somewhere to put the empties.... NO GLASS pleaseWink.
 
There is being responsible and being a dichead
 
 


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Posted By: JigNut
Date Posted: 16 Mar 2010 at 3:00pm
Originally posted by mozz mozz wrote:

Been on plenty of charters where the skipper has had a beer or 5.
Our boat in mexico we would have a few beers every now and then. I don't see any problem in it...... provided you don't get blind.  The Centre console I am running I don't drink but thats cause I have the bosses son onboard and I don't really have time for a beer....... once I am back on the mothership thoughWink
Sounds like a primo job MozzBig smile

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Posted By: of2fsh
Date Posted: 16 Mar 2010 at 8:11pm
i dont have an issue with this,1 or 2 beers near the end of the day or on the way home is all good..if its an overnighter the skipper drinking while anchored is all good as well...

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2009 and 2010 BERKLEY SOFTBAIT COMP CHAMPS,Runner up 2013 ( solo),winner 2013/14 longest kingfish nz fishing competition


Posted By: skidoggg
Date Posted: 16 Mar 2010 at 8:44pm
geez its only a beer ffs !!!!if someone came out with me and had a cry coz i cracked a brew or 20 id  be droppin them off on the nearest beach!!!thirsty work that fishing


Posted By: Uncle
Date Posted: 16 Mar 2010 at 8:48pm
Originally posted by MJ MJ wrote:

On a charter out of Auckland yesterday in winds up to 30knots plus and pretty much the first thing the skipper said to us was 'what about a beer for the skipper?" Wasn't the only one he consumed during a short charter.
 
This was part of the original post that started the thread.
Anyone pooh-hooing the concerns shown by many on here has rocks in his head.
A skipper "asking'' for a drink when it's 30knots+ is in need of serious councelling IMHO.
What's the bet that drink wasn't the first of his day?
& what value does he place on his human cargo?
 
30+ is serious wind to be going out in & I'd suggest our alcky skipper should have stayed with his  his mates at the park.
 
Enjoying a beer or two at the end of the day is a whole different ball game...
  


Posted By: Uncle
Date Posted: 16 Mar 2010 at 8:50pm
... ski, this wasn't aimed at you.


Posted By: Bossco
Date Posted: 16 Mar 2010 at 8:51pm
Eh, I think your missing the point that it was a charter skipper who they paid to take them out who was not only drinking but drinking the punters piss and copious amounts of it.

Your boat you do what you will and take the consequences, but if your paying someone your paying them to be a skipper and be competent & sober, imagine if Rick Pollock had been hard on the piss up at northcape when they went aground.












Posted By: CBrett
Date Posted: 16 Mar 2010 at 8:55pm
as its been said before, many charter operators in here have already commented. & pretty much explained the law with skippers drinking etc.
 
if in doubt ring Maritime NZ.   Their 0508 number is in the phone book.


Posted By: Blue Legend
Date Posted: 17 Mar 2010 at 1:42pm
Originally posted by skidoggg skidoggg wrote:

thirsty work that fishing
 
Amen to that mate, VERY thirsty workWink



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