A vessel underway, when hailed by a Coast Guard vessel is
required to heave to, or maneuver in such a manner that permits a boarding officer to come
aboard.
Other federal, state and local law enforcement officials may board and examine your
vessel, whether it is numbered, unnumbered or documented. Coast Guard law enforcement
personnel may also be found aboard other vessels.
The Coast Guard may impose a civil penalty up to $1,000 for
failure to: comply with equipment requirements; report a boating accident; or comply with
other Federal regulations. Failure to comply with the Inland Navigation Rules Act of 1980
can result in a civil penalty up to $5,000.
Improper use of a radio-telephone is a criminal offense. The use of obscene, indecent or
profane language during radio communications is punishable by a $10,000 fine, imprisonment
for two years or both. Other penalties exist for misuse of a radio, such as improper use
of Channel 16 VHF-FM.
Channel 16 is a calling and distress channel. It is not to be used for conversation or
radio checks. Such traffic should be conducted on an authorized working channel.
Boating Under the Influence (BUI)
Operating a vessel while intoxicated became a specific federal
offense effective January 13, 1988.
The final rule set standards for determining when an individual is intoxicated. If the blood alcohol content (BAC) is .10% (.08% in some states) or
higher for operators of recreational vessels being used only for pleasure, violators are
subject to a civil penalty not to exceed $1,000 or criminal penalty not to exceed $5,000,
one year imprisonment or both.
Negligent Operation
Negligent or grossly negligent operation of a vessel which
endangers lives and/or property is prohibited by law. The Coast Guard may
impose a civil penalty for negligent operation. Grossly negligent operation is a
criminal offense and an operator may be fined up to $5,000, imprisoned for one year, or
both. Some examples of actions that may constitute negligent or grossly negligent
operation are:
- Operating a boat in a swimming area.
- Operating a boat while under the influence of alcohol or drugs.
- Excessive speed in the vicinity of other boats or in dangerous waters.
- Hazardous water skiing practices.
- Bowriding, also riding on seatback, gunwale, or transom.
Termination of Use
A Coast Guard boarding officer who observes a boat being operated
in an UNSAFE CONDITION, specifically defined by law or regulation, and who determines that
an ESPECIALLY HAZARDOUS CONDITION exists, may direct the operator to take immediate steps
to correct the condition, including returning to port.
Termination for unsafe use may be imposed for:
- Insufficient number of CG Approved Personal Flotation Devices (PFDs).
- Insufficient fire extinguishers.
- Overloading beyond manufacturer's recommended safe loading capacity.
- Improper navigation light display.
- Ventilation requirements for tank and engine spaces not met.
- Fuel leakage.
- Fuel in bilges.
- Improper backfire flame control.
- Operating in regulated boating areas during predetermined adverse conditions. (Applies
in 13th CG District only).
- Manifestly unsafe voyage.
An operator who refuses to terminate the unsafe use of a
vessel can be cited for failure to comply with the directions of a Coast Guard boarding
officer, as well as for the specific violations which were the basis for the termination
order. Violators may be fined not more than $1,000 or imprisoned not more than one year or
both.
Reporting Boating Accidents
All boating accidents (or accidents which meet the criteria below) must be reported by the
operator or owner of the vessel to the proper marine law enforcement authority for the
state in which the accident occurred.
Fatal Accidents
Immediate notification is required for fatal accidents.
If a person dies or disappears as a result of a recreational boating accident, the nearest
state boating authority must be notified without delay. The following information must be
provided.
- Date, time and exact location of the accident;
- Name of each person who died or disappeared;
- Number and name of the vessel; and
- Name and address of the owner and operator.
If a person dies, or there are injuries requiring more than
first aid, a formal report must be filed within 48 hours.
A formal report must be made within 10 days for accidents involving more than $500.00
damage or complete loss of a vessel.
If you need further information regarding accident reporting, please call the Boating
Safety Infoline, 800-368-5647.
Rendering Assistance
The master or person in charge of a vessel is obligated by law to
provide assistance that can be safely provided to any individual in danger at sea.
The master or person in charge is subject to a fine and/or imprisonment for failure to do
so.
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