|
|
|
Boativated is on Windows Live. Visit us there. Click Here.
Contact us: info@boativated.com Information herein is for general purposes only and cannot be used or applied to any specific situation or relationship. Any use of information provided herein is subject to individual responsibility to verify accuracy and applicability. This Web presentation is not a legal, financial or accounting service, nor legal, financial or accounting advice. If legal advice or other expert assistance is desired or required the services of a specific professional advisor must be obtained. Links to outside websites are provided for convenience only. We cannot and do not represent or warrant that information provided by outside websites is correct or accurate.
Some information may be submitted by you to receive updates or to order products. Click Here to View our Privacy Policy.
| Back to Home Page Back One Page This page contains selected questions and answers from the past. I am going to buy a new dinghy for my 42' sailboat. I am thinking it will be about 10' long and I will use a 9.9hp engine. What are the licensing and registration requirements for a dinghy in Washington State? This is a good question that is coming up more frequently because of increased law enforcement and inspections in Washington State, especially by local authorities at marinas in cities around Puget Sound. The answer is a little complex but here are the basic requirements. 1. In Washington State, "no person may own or operate any vessel on the waters of this state unless the vessel has been registered and displays a registration number and a valid decal...". RCW 88.02.020. That's the law. Then come the exceptions stated in RCW 88.02.030. A. A USCG documented vessel does not have to display a registration number. A documented vessel must still be registered but it only needs to display a valid decal. B. A vessel equipped with less than 10 horsepower is not required to be registered if: The non-registered vessel is owned by the owner of a vessel for which a valid number has been issued, and the non-registered vessel displays the number of that numbered vessel followed by the suffix "1", and the non-registered vessel is used as a tender for direct transportation between the numbered vessel and the shore and for no other purpose. If your dinghy has more than 10 hp you need to register it. If your dinghy has less than 10 horsepower you do not have to register it with the state of Washington so long as you only use it to go back and forth to shore. If you use it for sightseeing, fishing for finfish, or crabbing (for example) you need to register the dinghy. 2. Whether it's registered or not your dinghy needs to have numbers. (3' high letters clearly visible along the bow.) If the parent vessel has Washington numbers displayed then use those numbers followed by "1" (or "2" or "3", etc. if you have more than one dinghy). If the parent vessel is USCG documented then you still use the Washington registration numbers (not shown on the parent vessel) followed by "1" (or "2" or "3" etc.). (Note: Even if your vessel is USCG documented it still must be "registered" in Washington State. However, if it is a USCG documented vessel you will not have a Washington State title and you will not be required to display the Washington numbers on the side of the documented vessel.) Note to persons visiting Washington: If you are a non-resident of Washington boating in Washington for less than 6 months in any continuous 12 month period (and your vessel is USCG documented or registered in another state) you are not subject to any Washington registration for up to 60 days. If you will be in Washington for more than 60 days, before the 61st day you must get an ID document from the Washington Department of Licensing, valid for 2 months. A second ID document can be purchased on or before the 121st day of your visit, valid for another 2 months. (Thus, six months total.) (See the Washington Administrative Code, WAC 308-93-055). One last point: If you register your dinghy (whether it is required or not) you will receive a title certificate and a state number for the dinghy. You will then put the state number on the bow. The good news about this is that if your dinghy is lost (breaks loose at night or during rough weather) you are much more likely to get it back. Any law enforcement officer can easily identify you as the rightful owner as can any honest person who finds it. This fact alone may be good reason to go through the registration process.
What are the basic boater education requirements for Washington and British Columbia? Washington: Washington State has mandatory boater education requirements. No person under 12 years old may operate a boat with 15 horsepower or more. The following rule will be phased in beginning 1/1/2008: All persons operating a boat with 15 horsepower or more must have completed a boating safety course approved by the Washington State Parks and Recreation Commission and must have a boater education card. The phase-in periods are as follows:
January 1, 2008: All operators 20 years and younger. January 1, 2009: All operators 25 years and younger. January 1, 2010: All operators 30 years and younger. January 1, 2011: All operators 35 years and younger. January 1, 2012: All operators 40 years and younger. January 1, 2013: All operators 50 years and younger. January 1, 2014: All operators 60 years and younger. Exceptions: The following chart is copied from the website of the Washington State Parks Commission. Please visit that website for more information. Persons Exempt from Washington State boater education requirements:
To see options for Washington State boater education courses click here: http://www.parks.wa.gov/boating/boatered/?subject=courseoptions Canada: Canada has mandatory boater competency requirements. Except for non-residents operating a vessel in Canadian waters for less than 45 consecutive days, all persons operating a pleasure craft fitted with an engine must have proof of competency and proof of age on board at all times. For Canadian residents this means possession of a Pleasure Craft Operator Card. (PCOC). For U.S. residents, this means you must have a state boater Card (even if you are exempt inside your State) if you will be in Canada waters for 45 days or more or if you plan to operate a Canadian licensed or registered vessel. There is no age exemption in Canada. For more information consult the Transport Canada boating safety website, or the Pleasure Craft Operator Card FAQ page. Non-residents may prove competency as follows: Canada issued pleasure craft operator card. Completed boat rental safety check-list. An operator card or equivalent card that meets the requirement of their state or country.
Persons under 12 years not directly supervised by someone 16 years or older may operate a recreational vessel with 10 HP or less. Persons 12, 13, 14 & 15 not directly supervised by someone 16 years or older may operate a recreational vessel with 40 HP or less. Only persons 16 or over may operate a personal watercraft, regardless of supervision.
There are subtantial federal and provincial fines for violations.
To read the Canadian law, visit the Canada Department of Justice webpage.
I have read several news articles recently about false distress calls and arrests and prosecutions. What constitutes a false distress call and what are the consequences and penalties? Under USC Title 14, section 88, the Coast Guard is directed to render aid to "distressed persons, vessels, and aircraft on and under the high seas and on and under the waters over which the United States has jurisdiction...". Subsection (c) of section 88 provides that, "An individual who knowingly and willfully communicates a false distress message to the Coast Guard or causes the Coast Guard to attempt to save lives and property when no help is needed is—
(1)
guilty
of a class D felony;
(2)
subject
to a civil penalty of not more than $5,000; and
(3)
liable
for all costs the Coast Guard incurs as a result of the individual’s action."
Persons may also be charged under state and local laws for crimes such as disorderly conduct. The Coast Guard is making efforts to prevent false distress calls and signals by publicizing the costs and impacts of hoaxes and by seeking to recover response costs. Hoaxes are increasingly being prosecuted under federal law. Recent cases include arrests in Oregon for falsely reporting a surfing accident and for setting off two emergency flares in a parking lot. The Coast Guard estimates that there are 600-700 hoaxes each year. Some false calls are unintended and may result from children playing with radios, accidentally pressing the red distress button on a DSC equipped VHF radio, improperly using VHF channel 16 to make "radio check" calls, and even shooting off flares for entertainment. Since the Coast Guard responds immediately and aggressively to all distress signals and calls such incidents can result in misallocation of resources (personnel and equipment) and large costs for responding and searching. In some situations, rescuers' lives are put in jeopardy. The Coast Guard estimates that it costs about $4,200 an hour to operate a C-130 aircraft, about $4,400 and hour for helicopters, about $1,500 an hours for a C.G. Cutter, and about $300 - $400 an hour for a small boat. In addition, there are costs for local and state responders. New technology (called Rescue 21) allows the Coast Guard to pinpoint and track the source of all radio calls. In many cases this can cut hours off the time required to find a vessel in distress. It will also allow accurate determinations when some calls are false. However, even with advanced technology there will be instances when response must be made even though a call for help may not be real. The penalties for false calls and hoaxes can include time in prison (5 - 10 years), a civil fine up to $5,000, a criminal fine up to $250,000, and reimbursement of costs incurred in response. Although the Coast Guard does not pursue recovery of costs for legitimate assistance and rescue, false calls and hoaxes will be prosecuted. Intentional hoaxes are criminal offenses. If you have knowledge of a hoax it can be anonymously reported by calling the Coast Guard at 1-800-2NO-HOAX. Unintentional false calls can be prevented by making sure everyone knows how to properly operate the VHF radio and keeping radios secured from children.
We are getting ready for another summer cruise of Washington and British Columbia inland waters. What should I know about consuming alcohol while we are boating? Alcohol consumption and cruising go hand in hand for many people. A cold beer on a sunny day or a cocktail or glass of wine in the evening can enhance a nice day on the water. But beware, there are specific laws that prohibit operating a boat while intoxicated and the penalties can be severe. Washington State and British Columbia have similar laws. It is not illegal to consume alcohol on board your boat and in Washington even the vessel operator can consume alcohol while driving a boat. However, the penalties for intoxication are different. An important fact to remember is that alcohol may affect you differently while you are boating. Operating a boat requires constant attention to your surroundings and is more than just steering your craft. Wind and waves can challenge your physical performance and exacerbate the normal effects of alcohol. The marine environment can accelerate impairment because of the motion, vibration, engine noise, and elements of sun, wind and spray. These, and other stress factors may impede coordination and exagerate fatigue, lack of judgment, and impared reaction times. In some situations only about one-third of the amount of alcohol that makes a person legally impaired while driving a car is enough to make a person equally impaired while operating a boat. In Washington State it is illegal to operate a vessel in a reckless manner or while under the influence of intoxicating liquor. RCW 79A.60.040. A person is considered to be under the influence if the person has .08 grams or more of alcohol per two hundred liters of breath, (breath test) or .08% or more by weight in the blood (blood test). You are also considered intoxicated if you are under the influence of alcohol or any drug or under the combined influence of alcohol and drug(s). Violation of RCW 79A.60.040 is a misdemeanor. Penalties are provided in RCW 9.92.030 inlcuding incarceration up to 90 days and a fine fixed by the court. In Washington, the law may be enforced by local or state officers or by the U.S. Coast Guard. In state waters the Coast Guard may request that local law enforcement take the person into custody. Additionally, law enforcement officers can terminate the voyage. If so, the vessel will be brought to a mooring and the intoxicated person may be arrested, held until sober, or turned over to local officers. If a serious marine accident occurs the Coast Guard is required by Federal Law to file a report of chemical drug and alcohol testing by urinalysis, blood test, or breath test. The following chart is copied from the USCG Boating Safety website and can be used to estimate intoxication.
Restrictions on alcohol consumption aboard a boat are more strict in British Columbia. It is only legal to consume alcohol beverages on a vessel if the vessel has permanent sleeping facilities, the vessel has permanent cooking facilities, the vessel has a permanent toilet, and the vessel is anchored or secured alongside a dock. The Criminal Code of Canada imposes penalties if an operator has more than 80 milligrams of alcohol per 100 milliliters of blood. The penalties are $600.00 fine for 1st offence, at least 14 days incarceration for 2nd offence, and at least 90 days incarceration for a 3rd offence. Taking all factors into consideration, the prudent choice is to leave consumption of alcohol beverages to non-operators while a vessel is underway and to limit consumption overall to be sure no one on board becomes intoxicated. The U.S. Coast Guard and local law enforcement officers are coordinating efforts to minimize problems resulting from alcohol consumption and greater enforcement is occurring as the effort proceeds.
I purchased a used trawler for cruising in Puget Sound and the San Juan Islands. Its a U.S. documented boat, moored in Everett, WA. How can I check to make sure I have all the required equipment before I leave for a cruise this summer? That's a good question. You should start with a checklist and a self inspection of your boat. Then you should contact your local Coast Guard Auxiliary for a free courtesy inspection. Here's how to begin. 1. Gather information. The easiest way to get free information is to attend a boat show and visit the Coast Guard Auxiliary booth, the U.S. Coast Guard booth, and the Customs and Border Protection booth. Between them, you can get brochures that explain the various equipment and operating requirements. If you missed the boat shows the best thing to do is visit various websites. a. Federal Requirements: Start with the U.S. Coast Guard. For Federal Requirements & Safety Tips go to www.uscgboating.org. From that web page you can get all the information you need about federal requirements. An easier way to do your own inspection is to visit the USCG Auxilliary National Dept. of Vessel Safety Checks. www.vesselsafetycheck.org. This is a great resource. You can download a form to do a vessel safety check from http://forms.cgaux.org/archive/a7012.pdf. This 2 page form has an easy to use checklist with information and instructions. You can also review a list of questions and answers. www.vesselsafetycheck.org/pub_qanda.asp. b. State Requirements. Individual states may have requirements in addition to the federal rules. Washington State boating regulations are enforced by the Washington State Parks and Recreation Commission. Boating information is at www.parks.wa.gov/boating. The Commission provides a booklet titled "Adventures in Boating Washington". This booklet is also good to keep on board your boat for easy reference. You can read it at www.boat-ed.com/wa/handbook/ or get a copy: http://www.boat-ed.com/wa/handbook/pdf_index.htm. On page 48 there is a "Required Equipment Checklist" showing regulations for various size boats. You can print this checklist and keep it on your boat. For an excellent online summary of Washington State requirements visit BOAT US. http://www.boatus.org/onlinecourse/statelaws/Washington.html 2. Do a self inspection. Once you have reviewed the various requirements it's time for a self inspection. Use the USCG Vessel Safety Check form and the Washington required checklist to do your self inspection. You may find a variety of things to repair or replace. For example, many boats lack the state required carbon monoxide sticker . For more info go to the following: www.dol.wa.gov/vehicleregistration/costicker.html. Other frequent violations are failure to have registration or documentation papers on board, expired or missing visual distress signals (flares), and lack of one or more placards (oil pollution, MARPOL trash disposal). 3. Have a Coast Guard Auxiliary courtesy inspection. Once you have done your own inspection and remedied any defects it's best to have an inspection by the Coast Guard Auxiliary. You can locate a volunteer near you by using the search system at the safety check web-page. www.vesselsafetycheck.org/GetVSC/. Go to the web-page and use your zip code to find a volunteer in your area. If you are planning to cross the border between Washington and Canada you will need to have identification and citizenship documents for every person on board, required documents for any pets, and be in compliance with restrictions and prohibitions on food and other items such as firearms. To read our information about crossing the border click here.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
Boativated and Boativated.com. are trademarks of Land and Sea Charters, Ltd. All contents, copyright, 2008. Land & Sea Charters, Ltd., P.O. Box 627, Manson, WA 98831. |
