33 C.F.R. § 95.020
Standard for under the influence of alcohol or a dangerous drug
An individual is under the influence of alcohol or a dangerous drug when:
(a) The individual is operating a recreational vessel and has a Blood Alcohol Concentration (BAC) level of .08 percent or more, by weight, in their blood;
(b) The individual is operating a vessel other than a recreational vessel and has an alcohol concentration of .04 percent by weight or more in their blood; or,
(c) The individual is operating any vessel and the effect of the intoxicant(s) consumed by the individual on the person's manner, disposition, speech, muscular movement, general appearance or behavior is apparent by observation.
Notes of Decisions
Cited in 6
cases, 1992–2015 · leading case: Exxon Shipping Co., a Delaware Corp. v. Exxon Seamen's Union, 11 F.3d 1189 (3rd Cir. 1994).
Exxon Shipping Co., a Delaware Corp. v. Exxon Seamen's Union, 11 F.3d 1189 (3rd Cir. 1994). “See 33 C.F.R. §§ 95.020 (b), 95.050(b), 95.055 (1993).”
Reynolds v. Sealift, Inc., 311 F. App'x 422 (2d Cir. 2009). “See 33 C.F.R. § 95.020 (referring to intoxication in the course of operating a vessel); 33 C.”
Exxon Shipping Co. v. Exxon Seamen's Union, 801 F. Supp. 1379 (D.N.J. 1992). “33 C.F.R. § 95.020 . 3 . The duties of an able bodied seaman include steering a vessel.”
Seiu Healthcare Pennsylvania, CTW, CLC v. Reg'l Hosp., 106 F. Supp. 3d 523 (M.D. Penn. 2015). “1993) (“ Exxon II”), Exxon discharged a seaman who, after returning to the ship and reporting for duty, was administered a breathalyzer test which revealed a blood alcohol content more than three times the maximum permitted by the Memorandum of Understanding between Exxon and…”
United States v. Water Quality Ins. Syndicate, 324 F. Supp. 2d 100 (D. Me. 2004). “Go-gola was aware that Davis’s blood alcohol level at the time far exceeded that allowed under the circumstances by 33 C.F.R. § 95.020 . At the time, the Jessica Ann was loaded with between 8,000 and 12,000 gallons of fuel oil.”
Reynolds v. Sealift, Inc., 311 F. App'x 422 (2d Cir. 2009). “See 33 C.F.R. § 95.020 (referring to intoxication in the course of operating a vessel); 33 C.”
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