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Chapter 4

The Legal Requirements �of Boating

Classroom aid: This entire chapter can be done out of doors without PowerPoints.

Have a flotilla member trailer a boat to the class; hand out VSC form 7012s to each student, and have them take turns asking the boat “owner” for each item. The Instructor can facilitate this discussion by making sure pertinent points are all covered

A second option is to bring a selection of required safety equipment into the classroom, break the students into groups, and assign each a “boat” of 21’ (A table works nicely). Have each group decide on the appropriate gear for the boat.

The Coast Guard has responsibility for federal laws, equipment and requirements
The states may have additional requirements
The boat operator must be aware of and comply with all federal and state requirements
Anyone renting a boat is responsible to make sure all the required equipment is aboard!
The items in this chapter are legally required but is only PART of what you need for a safe and enjoyable boating experience!

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Key Topics

Numbering and Documentation
Hull Identification Number
Age and Education Requirements
Unlawful Operation
Alcohol and Drugs
Obstructing Navigation

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Key Topics

Homeland Security
Personal Flotation Devices
Fire Extinguishers
Flame Arrestors, Ventilation, and Mufflers
Navigation Lights
Visual Distress Signals
Sound-Producing Devices

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Key Topics

Other Equipment and Regulations
Personal Watercraft Laws
Laws Relating to Towing Persons
Waste, Oil, and Trash Disposal
Protecting the Environment
Reporting Accidents
Enforcement

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Objectives

You should be able to…

Tell which vessels need to be registered and how to do so.
Place certificate numbers and validation decals on a vessel correctly.
Find the hull identification number (HIN) on a vessel.
Explain the age and education restrictions on vessel or personal watercraft (PWC) operation.

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Objectives

List the reckless or negligent behaviors that should be avoided when operating a vessel.
Explain the dangers of consuming alcohol or drugs while boating and the penalties for doing so.
Tell the laws pertaining to obstructing navigation.
Explain your role in keeping waterways safe and secure.

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Objectives

Identify the classifications and uses of personal flotation devices (PFDs), and state the legal requirements.
Tell the legal requirements for fire extinguishers, backfire flame arrestors, ventilation systems, and mufflers.
Tell the legal requirements for navigation lights, visual distress signals, and sound-producing devices.

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Objectives

Tell the requirements for other equipment such as diver-down flags or state-required equipment.
List the legal requirements specific to PWC.
List the legal requirements for towing a person behind a vessel.
Explain how to dispose of waste, trash, and oil properly and how to use marine sanitation devices (MSDs) properly.
Tell when and how to report a boating accident.

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Certificate of Number and Decal

You must have a Certificate of Number and a validation decal(s) to operate your vessel legally.
Registration card must be carried on board whenever the vessel is being operated.

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Certificate of Number and Decal

State laws vary. Check with your state’s boating agency for specific requirements.

Placement of decals
Expiration

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Other Facts About Titling �and Registration

In your state:

Is a title required for a vessel?
Is a title required for an outboard motor?
When do the Certificate of Number and validation decal expire?
What should you do if a vessel is transferred, destroyed, abandoned, lost, stolen, or recovered?

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Other Facts About Titling �and Registration

In your state:
What should you do if a Certificate of Number or validation decal is lost or destroyed?
What should you do if your address changes?
How do you apply for a U.S. Coast Guard “Certificate of Documentation” for a larger recreational vessel?

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Hull Identification Number

The Hull Identification Number (HIN) is a 12-digit

number that uniquely identifies a vessel.

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Capacity Plate/Certificate of Compliance

The Capacity Plate specifies the maximum weight and/or number of people the boat can carry safely as well as the maximum horsepower allowed for the boat.

Federal Law mandates that all powerboats less than twenty feet in length (however, PWC and sailboat manufacturers are not required to attach a capacity plate) need to carry this information in the form of a Capacity Plate. Each Capacity Plate includes the maximum number of adult persons, the maximum gross load, and the maximum size of engine, in horsepower, that your boat can legally carry.

In many states it is a violation to exceed capacity.

Calculating Your Boat’s Capacity

On boats less than 20 feet in length with no capacity plate, use the following rule of thumb to calculate the number of persons (weighing 150 lbs. each, on average) the vessel can carry safely in good weather conditions.

Number of people = vessel length (ft.) x vessel width (ft.) ÷ 15

For example, for a vessel 18 feet long by 6 feet wide, the number of persons is 18 times 6 (or 108) divided by 15, which equals seven 150-lb. persons (or a total person weight of 7 x 150, or 1050 lbs.).

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Who May Operate a Vessel

In your state:

How old must a person be to operate a boat, personal watercraft (PWC), or vessel with a specific horsepower?
Which persons must take a boating safety education course?

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Who May Operate a Vessel

In your state:

Which persons must have an adult on board the vessel?
Are operators required to carry the boater education certificate on board?
Which persons are exempt from the boating safety education course?

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Unlawful Operation of a Vessel

Reckless operation means boating in a way that could endanger someone’s life, safety, or property.

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Unlawful Operation of a Vessel

In your state, does operating recklessly include:

Weaving through congested traffic?
Operating in swimming areas or other restricted areas?
Jumping wakes close to another vessel?
Swerving at the last moment to avoid collision?
Chasing or harassing wildlife?

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Alcohol and Drugs

In your state:

How is boating while intoxicated (BWI) defined?
What determines if a person is intoxicated, including the blood alcohol concentration percentage?
What are the penalties �for BWI?
When have you �consented to be tested?

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Obstructing Navigation

It is illegal to:
Operate in a way that keeps other vessels from navigating safely.
Anchor in a river or channel in a place that is in the way of other vessels passing through.
Moor or attach vessel to buoy, beacon, light, or any other navigational aid.
Move, damage, or destroy any navigational aid.
Block access to a pier, wharf, boat ramp, or facility.

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Homeland Security Restrictions

Slow to minimum speed within 500 yards of any U.S. Naval vessel. Do not approach within 100 yards.
Observe and avoid �all security zones.
Observe and avoid �restricted areas near dams, power plants, etc.
Do not stop or anchor beneath bridges or in channels.
Do your part to keep our waterways safe and secure.

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Personal Flotation Devices �(PFDs)

All vessels must have one wearable USCG–approved personal flotation device (PFD), sometimes called life jacket, of a proper size for each person on board.

Type I: �Wearable Offshore Life Jackets

Type II: �Wearable Near-Shore Vests

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Personal Flotation Devices

Type III: Wearable Flotation Aids

Type IV: �Throwable Devices

Type V: �Special-Use Devices

Classroom Aid: Bring a variety of PFDs to the class, and ask students to put them on and “model” them; have the rest of the class identify each type, it’s purpose, advantages and disadvantages.

Add the E-Directorate slides showing the new life jacket labeling system and discuss the new icon system.

Type III Flotation Aid: Minimum 15.5 pounds of buoyancy – calm, inland life jacket. Many special designs for water sports.

Type IV Throwable Device: Needed on vessels 16’ and over except canoe or kayak. Designed to be thrown, not worn. Must be immediately available

Type V: Special-Use Device: must be worn, use according to label. Our cold water survival suits (mustangs) are a good example.

Type III/V Inflatable PFD

Advantages of an inflatable
Disadvantages of an inflatable
Only for people older than 16
It must be worn

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New Icons

Choose the level of buoyancy for the type of activity.

The curved arrow indicates that it is likely to turn an unconscious wearer face up in the water.

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New Icons: Comparisons

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Personal Flotation Devices

In your state:

What are the laws regarding PFDs?
What types must be carried on board?
Which vessels must have a Type IV throwable device on board?

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Personal Flotation Devices

In your state:

What are the PFD requirements in these situations?

Children

People on PWC

People being towed

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Fire Extinguishers

Classification of Fires

Type A: combustible solids �like wood
Type B: flammable liquids �like gasoline or oil
Type C: electrical fires

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Fire Extinguishers

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Fire Extinguishers

Extinguishers should be placed where they are accessible and can be reached immediately.
Check the following on a regular basis.

Seals and tamper indicators are not broken or missing.
The extinguisher is fully charged.
There is no physical damage.

In your state, are any vessels exempt from the fire extinguisher requirement?

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Backfire Flame Arrestors

Prevent ignition of gasoline vapors if engine backfires.

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Backfire Flame Arrestors

Must be:

On each carburetor.
In good working condition.
USCG–approved.

Should be cleaned periodically and checked for damage.

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Ventilation Systems

Gasoline-powered vessels built to trap fumes must have a natural ventilation system.

If your vessel has a power ventilation system, let it run for at least four minutes before starting the engine.

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Carbon Monoxide

Odorless, colorless, and tasteless
Primary source: gasoline generators

Prevention: turn off all engines when activities are in progress at the stern of the boat

Another source is an open flame: Stoves, ovens, heaters, grills, etc.

Prevention: ensure good ventilation

Install carbon monoxide detectors

Carbon monoxide is a potentially deadly gas produced any time a carbon-based fuel, such as gasoline, propane, charcoal or oil, burns. Sources on your boat include gasoline engines, generators, cooking ranges, and space and water heaters.

CO that builds up in the air space beneath the stern deck or on and near the swim deck can kill someone in seconds. Traveling at slow speeds or idling in the water can cause CO to build up in a boat's cabin, cockpit, bridge, and aft deck, or in an open area.

The "station wagon effect," or backdrafting can cause carbon monoxide to accumulate inside the cabin, cockpit and bridge when operating the boat at a high bow angle, with improper or heavy loading or if there is an opening which draws in exhaust. This effect can also cause carbon monoxide to accumulate inside the cabin, cockpit, aft deck, and bridge when protective coverings are used and the boat is underway.

carbon monoxide can quickly build to dangerous levels. When there's too much carbon monoxide in the air, it can enter your bloodstream through your lungs. Once in your bloodstream, it replaces the oxygen you need to stay alive.

To protect yourself and others against CO poisoning while boating: Allow fresh air to circulate throughout the pleasure craft at all times, even during bad weather.

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Mufflers and Noise Level Limits

In your state:

What type of muffling system is required?
What are the noise level limits?
What modifications are prohibited?

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Navigation Lights

Vessel must be equipped with proper navigation lights.
Lights must be used:

Between sunset and sunrise
When visibility is limited

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Navigation Lights

Power-Driven Vessels Less Than 39.4 Feet

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Navigation Lights

Power-Driven Vessels Less Than 65.6 Feet

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Navigation Lights

Unpowered Vessels Less Than 65.6 Feet

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Navigation Lights

Unpowered Vessels Less Than 23 Feet

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Navigation Lights

All Vessels When Not Underway

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Visual Distress Signals

Visual distress signals (VDSs) are classified as:

Day signals
Night signals
Both day and night signals

VDSs are either:

Pyrotechnic
Non-pyrotechnic

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Visual Distress Signals

Vessels on federally controlled waters must carry USCG–approved VDSs.

All vessels must carry night signals when operating at night.
Most vessels must carry day signals also.

The Regulations

The requirement to carry visual distress signals requires all boats when used on coastal waters, which includes the Great Lakes, the territorial seas and those waters directly connected to the Great Lakes and the territorial seas, up to a point where the waters are less than two miles wide, and boats owned in the United States when operating on the high seas to be equipped with visual distress signals.

The only exceptions are during daytime (sunrise to sunset) for:

Recreational boats less than 16 feet in length

Boats participating in organized events such as races, regattas or marine parades

Open sailboats not equipped with propulsion machinery and less than 26 feet in length

Manually propelled boats

These boats only need to carry night signals when used on these waters at night.

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Visual Distress Signals

Pyrotechnic VDSs��

��

Non-Pyrotechnic VDSs


Orange Smoke Day Signal	Red Meteor Day & Night Signal	Red Flare Day & Night Signal


Electric Light Night Signal	Orange Flag Day Signal	Arm Signal

What are your state’s requirements?

While the arm signal is not USCG approved, use it if you have no other VDS aboard

USCG Approved Pyrotechnic Visual Distress Signals and Associated Devices include:

Pyrotechnic red flares, hand held or aerial

Pyrotechnic orange smoke, hand held or floating

Launchers for aerial red meteors or parachute flares

Non-pyrotechnic Visual Distress Signaling Devices

Must carry the manufacturer's certification that they meet Coast Guard requirements. They must be in serviceable condition and stowed to be readily accessible. This group includes:

Orange distress flag

Electric distress light

SOS Distress Light

The SOS Distress Light is an LED Visual Distress Signal Device that meets U.S. Coast Guard requirements to completely replace traditional pyrotechnic flares. Unlike traditional flares, this electronic flare never expires, which solves the challenge of flare disposal. The LED light flashes up to 60 hours, unlike traditional flares that last minutes or less. It flashes only the SOS sequence, per USCG requirements, and is visible up to 10 nautical miles.

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Visual Distress Signals

If pyrotechnic VDSs are used:

You must carry a minimum of three on board.
They must be dated. Expired�VDSs may be carried on board,�but a minimum of three�unexpired VDSs must be�carried in the vessel.

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Visual Distress Signals

Example Combinations

3 handheld red flares

1 handheld red flare

2 red meteors

3 orange smoke signals

1 electric light

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Visual Distress Signals

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Sound-Producing Devices

Are essential when visibility is limited.
Let other boaters know what you plan to do.

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Sound-Producing Devices

Types of Sound-Producing Devices

Whistle
Horn
Bell

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Sound-Producing Devices

Requirements for federally controlled waters:

Vessels less than 65.6 feet must carry a whistle, horn, or other effective sound signal device.
Vessels 65.6 feet or longer must carry a whistle or a horn, and a bell.

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Sound-Producing Devices

In your state:

Are sound-producing devices required on your state’s waters?
What types of devices are required based on the length of the vessel?
How far away must the sound signal be audible?

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Other Equipment and Regulations

Two types of flags may be used to indicate diving activity:

What flags are required in your state?
How far must a vessel stay from a diver-down flag?

Alfa Flag

blue-and-white

Divers Flag

red-and-white

Discuss your state’s restrictions and laws regarding boating near diver flags. How far away must you stay from a diver down flag?

International Rules- rigid “Alpha” flag
State or local may require red/white diagonal
Avoid areas with boating traffic
Avoid narrow waterways
A diver down flag, or scuba flag, is a flag used on the water to indicate that there is a diver below. ... Internationally, the code flag alfa/alpha, which is white and blue, is used to signal that the vessel has a diver down and other vessels should keep well clear at slow speed.
Two types of flags are used to indicate diving activity. A rectangular red flag, at least 12 inches x 16 inches, with a two-inch, white diagonal stripe if on state waters. A blue and white International Code Flag A (or Alfa flag) if on federally controlled or international waters.

Local laws regulate how close you have to stay to your flag. and how far boaters and skiers must stay- away. For areas where no laws stipulate these distances, the rule of thumb is for you to stay within 50 feet of your flag and for boats to stay at least 100 to 200 feet away.

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Other Equipment and Regulations

In your state:

Are permits required for marine events?
Are you required to license and/or register your vessel’s trailer?
Are you required to have certain equipment on your trailer?
Is any other equipment required?
What are the local regulations for specific waterways?

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Requirements Specific to PWC

In your state:

What are the requirements for PFDs?
Are you required to have a lanyard-type engine cut-off switch? What about a self-circling feature?
During what hours may you operate a PWC legally?
What are the age restrictions for operating a PWC?

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Requirements Specific to PWC

In your state, do illegal activities include:

Jumping another vessel’s wake?
Weaving through traffic?
Operating above “slow, no wake speed” in certain areas?
Chasing, harassing, or disturbing wildlife?
Any others?

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Towing a Person Legally

In your state:

What are the requirements for PFDs?
During what hours may you tow a person legally?
Are you required to have an observer on board? What about a wide-angle rearview mirror?

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Towing a Person Legally

In your state:

What activities are illegal?
Are you required to have a skier-down flag?

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Waste, Oil, and Trash Disposal

Discharge of Sewage and Waste

It is illegal to discharge waste, oil, or trash into any state or federally controlled waters.

Sewage carries disease.
Trash thrown into water can cause injuries.
Pollution is unsightly.

The Refuse Act prohibits throwing, discharging, or depositing any refuse matter into U.S. waters.

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Waste, Oil, and Trash Disposal

Discharge of Sewage and Waste

Recreational vessels with an installed toilet must have a marine sanitation device (MSD).

Types I and II MSDs treat waste.
Type III MSDs do not treat waste.

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Waste, Oil, and Trash Disposal

Discharge of Sewage and Waste

Vessels 65 feet or less in length may use a �Type I, II, or III MSD.
Vessels over 65 feet in length must install a �Type II or III MSD.
All MSDs must have USCG certification.
Are there other requirements in your state?

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Waste, Oil, and Trash Disposal

Discharge of Trash

It is illegal to dump garbage or plastics into any state or federally controlled waters.
Many forms of litter can kill birds, fish, and marine mammals.

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Waste, Oil, and Trash Disposal

Discharge of Trash

On federal waters, display a 4” x 9” garbage disposal placard on any vessel 26 feet or longer.

Federal Requirements
Boats 26’ and up must display this placard

Under federal law, it is illegal to toss ANY garbage from a boat while you are anywhere in lakes, rivers, bays, sounds, and offshore in the ocean less than 3 miles.

All boats 26 ft or more in length must have a written garbage placard "prominently posted" to remind you and your crew what can be thrown overboard and what can't. The placards must be permanently attached, be made of durable material, and must be at least 4X9 inches in size. Placards can be found at your local boating retail store.
Violations may result in civil penalties up to $25,000, a fine of up to $250,000 for an individual or up to $500,000 for an organization and/or a prison sentence of up to 6 years. State anti-littering laws may also apply on your boating waters.

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Waste, Oil, and Trash Disposal

Discharge of Oil and Other Hazardous Substances

Do not discharge hazardous substances into U.S. waters.
Do not dump oil into the bilge.
Store and dispose of oil waste properly.

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Waste, Oil, and Trash Disposal

Discharge of Oil and Other Hazardous Substances

Notify the National Response Center immediately if your vessel discharges oil or hazardous substances in water.

Call 1-800-424-8802 to notify the �National Response Center.
What is the contact information in your state?

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Waste, Oil, and Trash Disposal

Discharge of Oil and Other Hazardous Substances

On federal waters, vessels 26 feet or longer must �display a 5” x 8” placard.

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Waste, Oil, and Trash Disposal

Waste Management Plan

Oceangoing vessels 40 feet or longer must have written Waste Management Plan.
The plan should tell how to discharge:

Sewage and hazardous waste
Garbage and food waste
Plastics, bottles, and cans
Oil or diesel fuel

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Stop Spread of Nuisance Species

Aquatic nuisance species include zebra mussels, quagga mussels, milfoil, and hydrilla.
Introducing these species can upset the ecosystem and hurt the environment.

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Stop Spread of Nuisance Species

Prevent spread of aquatic nuisance species:

Inspect your vessel and trailer. Remove any plants and animals.
Drain your motor, live well, and bilge on land.
Empty your bait bucket on land.
Rinse your vessel, propeller, trailer, and equipment.
Air-dry your vessel and equipment.
Stop the spread of nuisance species by following the above points.

Here's what you can do to prevent spreading aquatic nuisance species.

Inspect your boat and trailer, removing any nuisance species (including zebra mussels and eurasian watermilfoil) you see before leaving the area.

Drain your motor, live well, and bilge on land before leaving the area.

Empty your bait bucket on land before leaving the area.

Never release live bait into a body of water or release aquatic animals from one body of water into another.

Rinse your boat, trailer, and equipment. It is best to use high-pressure, hot water. A garden hose will work if no other option is available.

Air dry your boat and equipment for as long as possible. Five days is optimal.

Flush the engine's cooling system with hot water.

Apply antifouling materials such as paint and films to boat hulls, trim tabs, water ports, transducers, and swimming platforms to discourage zebra mussel attachment.

Paddlecraft:

Inspect your paddlecraft before leaving a body of water. ...

Rinse your paddlecraft's hull and equipment before moving from one body of water to another.

Empty your bait bucket on land. ...

Use plain water or non-phosphate detergents to clean your paddlecraft. ...

Air-dry your craft and equipment for as long as possible.

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Boating Accidents and Casualties�What the Law Requires You to Do

If you are involved in a boating accident, you must:

Stop immediately and…
Assist injured persons, if it is safe to do so and…
Give your name, address, and vessel identification.

If you are involved in a boating accident and the boat is still afloat and you are aboard, then the first thing to do is to determine whether you or anyone else needs medical attention. If anyone has fallen overboard, then you should assist the victim back onto the boat when possible.

What do you do after a boat accident?

Determine Who Needs Medical Attention. After a boating accident, your first priority should be determining who needs medical attention.

Move Out of Harm's Way.

Notify the Coast Guard or local marine authority

Exchange Information.

Document Evidence From the Scene.

If you witness a boating accident:

By law, you must stop and render whatever assistance is necessary to any person involved in a boating accident unless the action would endanger your own boat, crew, or passengers.

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Boating Accidents and Casualties�What the Law Requires You to Do

In your state:

What types of accidents must be reported?
How do you report an accident?

How soon must it be reported?
Do you report it in writing or by some other means?
To whom do you report it?

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Boating Accidents and Casualties�What the Law Requires You to Do

Sample Boating Accident Report Form

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Enforcement

Law enforcement officers have the right to stop a vessel.

Who can stop your vessel on federal waters?
Who can stop your vessel on state waters?

In your state, what must boaters do if they are signaled to stop?

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Chapter 4 Review

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Review Exercises

What is most important when selecting the right PFD

for a passenger?

Total number of passengers on board.

Color of the PFD.

Passenger’s weight and chest size.

d. Passenger’s age and gender.

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What determines how many wearable PFDs are required on board a vessel?

Total number of people on board.

Number of seats on the vessel.

Ages of the people on board.

d. Length and width of the vessel.

Review Exercises

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Where is the best place to store a fire extinguisher on a boat?

In the engine compartment.

In a locked storage compartment.

Mounted on an accessible location.

d. Mounted in the bilge.

Review Exercises

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What effect does alcohol have when you are operating a vessel?

Makes it easier to pay attention.

Helps you perform multiple tasks.

Helps you avoid dehydration.

d. Increases the likelihood of accidents.

Review Exercises

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How does the effect of alcohol consumed while boating compare to the effect on land?

About the same effect whether on land or boating.

Much greater effect while boating.

Much greater effect when on land.

d. Slightly greater effect when on land.

Review Exercises

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What is true about operating a boat while intoxicated?

It is not considered to be a major danger.

Operating under the influence usually does not carry any penalties.

An operator with a blood alcohol concentration of 0.08% or higher is considered intoxicated.

d. A person paddling a canoe is more likely to be affected than a person operating a power boat.

Review Exercises

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A recreational vessel is approaching a U.S. Naval vessel. At what distance from the U.S. Naval vessel must the recreational vessel slow to minimum speed?

200 yards.

300 yards.

400 yards.

d. 500 yards.

Review Exercises

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When must navigation lights be displayed?

A night when there is risk of collision.

Only when adrift at night.

From sunset to sunrise and when visibility is restricted.

d. Only when you are anchored or in fog.

Review Exercises

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Visibility is restricted due to fog. What should the vessel operator do to avoid risk of collision?

Speed up as much as possible to go around other vessels.

Reduce speed to the minimum needed to stay on course.

Sound two long blasts with a sound-producing device.

d. Maintain the same speed until the other vessel is visible.

Review Exercises

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What is the best way to minimize the risk of drowning while boating?

Have everyone wear an appropriate PFD at all times.

Put on your PFD after you are in the water.

Allow on board only those persons who can pass a swim test.

d. Make sure you have a lifeguard on board.

Review Exercises

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End Chapter 4