06-11-2005, 09:30 PM
May 11, 2005 - Boaters may have to reduce the amount of alcohol they consume on the water this summer if a package of bills lowering the legal blood alcohol content (BAC) level of recreation vehicle operators is passed.
The bills, which were passed by the House of Representatives on Wednesday, May 4, would lower the legal BAC from 0.10 grams to 0.08 grams of alchol for operators of all watercraft, snowmobiles and off road vehicles (ORV). The change would make the legal BAC the same for recreational vehicles and standard motor vehicles.
"I think that it makes sense to have them in line for a lot of reasons," said Oakland County Sheriff Michael Bouchard. "Certainly, simplicity of understanding the law is paramount so that when a person gets ready to drive a car or boat, there's a standard that they need to be aware of, and (they must) avoid getting very close to that limit."
Bouchard said it's also a good idea to change the law because many people go from operating a boat to operating a car.
"They may trailer their boat to another lake, piloting the boat for the afternoon, then hitching it back up to their car and driving a car," he said.
The legal BAC limit for vehicle operators on the road was changed in October 2003 from 0.10 grams to 0.08 grams due to pressure from the federal government.
By adopting the law in 2003, the state avoided a penalty that would have held back 2 percent of certain federal highway construction funds, which would result in about a $9.2 million loss for the 2003-04 fiscal year. The penalty would have increased 2 percent each year, until it reaching $36.7 million in 2007.
House Bills 4614, 4615 and 4616 were introduced on April 14 to bring the recreational vehicle drunk driving laws in line with the new road standard. The drunk driving laws for automobiles and recreational vehicles have traditionally been the same in Michigan.
The legislation would also increase the suspension of a person's right to operate a recreational vehicle from six months to a year for a first-time refusal to submit to a chemical test, and from one year to two years for additional refusals within seven years of the first refusal.
The bills passed the House by a vote of 106-3, with all lakes area representatives supporting the bill.
The Michigan Licensed Beverage Association opposed the legislation. The Michigan State Police and the Michigan Sheriff's Association have both given their support to the bills.
Opponents of the legislation argue the laws regarding recreational vehicles shouldn't be modified since automobile drunk driving laws were only changed because of federal pressure.
That argument was brought up in the House Judiciary Committee before being passed to the full floor for a vote, according to state Rep. John Stakoe (R-Highland, White Lake).
"I understand there were concerns when we lowered the standard (for auto operators) ... I don't know if it's a valid argument for not bringing everything into line," Stakoe said.
"Just because the federal government isn't pointing a gun at our head, I don't think that is a legitimate reason to sit back and say we shouldn't (lower the BAC standard for recreational vehicle operators)," Stakoe said. "If we are going to enforce the law, we should enforce it consistently."
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The bills, which were passed by the House of Representatives on Wednesday, May 4, would lower the legal BAC from 0.10 grams to 0.08 grams of alchol for operators of all watercraft, snowmobiles and off road vehicles (ORV). The change would make the legal BAC the same for recreational vehicles and standard motor vehicles.
"I think that it makes sense to have them in line for a lot of reasons," said Oakland County Sheriff Michael Bouchard. "Certainly, simplicity of understanding the law is paramount so that when a person gets ready to drive a car or boat, there's a standard that they need to be aware of, and (they must) avoid getting very close to that limit."
Bouchard said it's also a good idea to change the law because many people go from operating a boat to operating a car.
"They may trailer their boat to another lake, piloting the boat for the afternoon, then hitching it back up to their car and driving a car," he said.
The legal BAC limit for vehicle operators on the road was changed in October 2003 from 0.10 grams to 0.08 grams due to pressure from the federal government.
By adopting the law in 2003, the state avoided a penalty that would have held back 2 percent of certain federal highway construction funds, which would result in about a $9.2 million loss for the 2003-04 fiscal year. The penalty would have increased 2 percent each year, until it reaching $36.7 million in 2007.
House Bills 4614, 4615 and 4616 were introduced on April 14 to bring the recreational vehicle drunk driving laws in line with the new road standard. The drunk driving laws for automobiles and recreational vehicles have traditionally been the same in Michigan.
The legislation would also increase the suspension of a person's right to operate a recreational vehicle from six months to a year for a first-time refusal to submit to a chemical test, and from one year to two years for additional refusals within seven years of the first refusal.
The bills passed the House by a vote of 106-3, with all lakes area representatives supporting the bill.
The Michigan Licensed Beverage Association opposed the legislation. The Michigan State Police and the Michigan Sheriff's Association have both given their support to the bills.
Opponents of the legislation argue the laws regarding recreational vehicles shouldn't be modified since automobile drunk driving laws were only changed because of federal pressure.
That argument was brought up in the House Judiciary Committee before being passed to the full floor for a vote, according to state Rep. John Stakoe (R-Highland, White Lake).
"I understand there were concerns when we lowered the standard (for auto operators) ... I don't know if it's a valid argument for not bringing everything into line," Stakoe said.
"Just because the federal government isn't pointing a gun at our head, I don't think that is a legitimate reason to sit back and say we shouldn't (lower the BAC standard for recreational vehicle operators)," Stakoe said. "If we are going to enforce the law, we should enforce it consistently."
by [url "http://www.spinalcolumnonline.com/1editorialtablebody.lasso?-token.searchtype=authorroutine&-token.lpsearchstring=Kevin%20Elliott&-nothing"]Kevin Elliott[/url]
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