Chapter Two: Washington DC Laws and Safety Requirements

Practice safe and legal boating every time you are on the water. Boating is a highly regulated recreational activity, and there may be occasions when a law enforcement officer will inspect your boat for compliance with equipment and legal conformity. The boat operator has the responsibility of ensuring the safety of all passengers and this includes making certain all required safety equipment is onboard the boat and ready to use.

LAW ENFORCEMENT

It is the policy of the District of Columbia to promote safety for persons and property in connection with the use and operation of vessels in District waters.

The District’s Harbor Master shall regulate the operation, navigation, mooring, and anchoring of all vessels and amphibian aircraft in the District waters, and shall enforce all laws and regulations relating to those waters.

Any person who violates any provision of this chapter for which no specific penalty is otherwise provided, or who violates any provision of the regulations promulgated pursuant to this chapter, shall, upon conviction, be punished by a fine of not more than three hundred dollars ($300) or by imprisonment for not more than ten (10) days, or both.

Any person who violates any provision of this Article for which no specific penalty is otherwise provided or who violates any provision of the regulations promulgated pursuant to this Article shall, upon conviction, be punished by a fine of not more than $300.00 or by imprisonment for not more than ten days, or both.  The penalties imposed by this chapter shall be in addition to, and not in lieu of, any penalties imposed by any other law or regulation.

Enforcement

The Harbor Master is authorized to:

• stop and board any vessel subject to the provisions of this chapter for the purpose of inspecting or determining compliance with this chapter.
• empowered to make a summary arrest, or to issue a summons for appearance in court, for all violations of the boating laws.

Law enforcement vessels shall be marked so as to identify them as law enforcement vessels.

While underway and upon being hailed by the Harbor Master or Fire Chief, each vessel subject to the provisions of the boating laws shall stop immediately and lay to, or shall maneuver in such a way as to, permit the Harbor Master or Fire Chief to come aboard. All vessels shall yield and lay to any emergency law enforcement or fire vessel.

Definitions

Act - the District of Columbia Boat Titling Act of 1983.

Associated equipment - any of the following:

1. Any system, part, or component of a boat as originally manufactured, or any similar part or component manufactured or sold, for replacement, repair, or improvement of the system, part, or component;
2. Any accessory or equipment for, or appurtenance to, a boat; or
3. Any marine safety article, accessory, or equipment intended for use by a person on board a boat; but excluding radio equipment.

Boat   - any vessel that is:

1. Manufactured or used primarily for noncommercial use;
2. Leased, rented, or chartered to another person for the person’s noncommercial use; or
3. Engaged in the carrying of six (6) or fewer passengers.

Boat livery - any business that rents, leases, or charters any vessel, or that offers any vessel for rent, lease, or charter.

Channels - marked or unmarked waterways commonly used for navigation.

Charts - official scale maps that designate the anchorage areas, channels, and other areas and matters specified in this chapter.

Chief of Police - the Chief of the Metropolitan Police Department of the District of Columbia, or his or her authorized representatives.

Coast Guard - the United States Coast Guard, under federal department under which the Coast Guard is operating.

District - the District of Columbia

District Waters - the area of all navigable waters within the District of Columbia and the shores and structures adjacent to those waters.

Emergency law enforcement or fire vessel - any vessel that is operated under the authority of a government law enforcement agency or fire department with jurisdiction in District of Columbia waters, and which has its blue emergency lights activated or sirens sounding.

Fire Chief - the Fire Chief of the District of Columbia, or his or her authorized representatives.

Harbor lines - those limiting lines within the District of Columbia beyond which no piers, wharves, bulkheads, or other works shall extend or deposits be made as established by the Chief of Engineers, Corps of Engineers, U.S. Army, and the Mayor; approved by the Secretary of the Department of the Army; and on file with the Mayor.

Harbor Master - the official of the Metropolitan Police Department who commands the Harbor Unit or its successor, and his or her authorized representatives, including any police officer acting for the Harbor Master.

Hull identification number - the number assigned to the hull of a vessel by its manufacturer, home builder, or importer under 33 CFR § 181.

Identification number - the number assigned to a vessel by the Coast Guard, by a state or United States territory with a numbering system approved by the Secretary of the federal department in which the Coast Guard is operating, or by the District of Columbia under this chapter.

Mayor - the Mayor of the District, of Columbia or his or her authorized representatives.

Lien Holder - any person holding a security interest.

Manufacturer -  any person engaged in the business of manufacturing or importing new and unused vessels for the purpose of sale or trade.

Navigation rules - those federal laws and rules and regulations promulgated by the Secretary of the federal department in which the Coast Guard is operating relating to the navigation of vessels in navigable waters of the United States, including the “Pilot Rules for Inland Waters” 33 CFR § 80; and the “Navigation Rules for Inland Waters, Harbors, and Rivers Generally”, 33 USC 151 et seq.

Night - any time from sunset to sunrise and any other time when, due to insufficient light or unfavorable atmospheric conditions, persons, vessels, or other objects in the water or on the shore are not clearly discernible beyond a distance of five hundred feet (500 ft.). The term day means any time other than night.

Operator - any person who operates, or has charge, command, or control of the navigation or use of a vessel.

Owner - any person who claims lawful possession of a vessel by virtue of legal title, or who has an equitable interest in the vessel that entitles him or her to possession of the vessel.

Person - any individual, partnership, corporation, company, association, joint-stock association, firm, or governmental entity, and any trustee, receiver, assignee, or similar representative of the trustee.

Passenger - any person carried on board a vessel other than the following:

1. The owner or the owner’s representative;
2. The operator;
3.  Bona fide members of the crew engaged in the business of the vessel who have contributed no consideration for their carriage and who are paid for their services; or
4. Any guest on board a vessel that is being used exclusively for pleasure purposes who has not directly or indirectly contributed any consideration for his or her carriage.

Racing shell, rowing scull, racing kayak, or racing canoe - any manually propelled boat that is recognized by a national or international racing association for use in competitive racing; in which all occupants row, scull, or paddle with the exception of a coxswain, if one is provided; and which is not designed to carry and does not carry any equipment not solely used for competitive racing.

Undocumented vessel - any vessel that does not have and is not required to have a valid marine document as a vessel of the United States.

Use - to operate, navigate, or employ.

Vessel - every description of watercraft, other than amphibian aircraft or seaplanes on the water, used or capable of being used as a means of transportation on the water.

Vessel Principally Used - a vessel used mostly on District of Columbia Waters during a calendar year.