RECKLESS OPERATION OF A VESSEL

The boat operator is responsible for any action that has the potential of endangering life, limb or property. These actions may be deemed reckless, whether intentional or not.

• Bow riding.
• Damage caused by the wake of his/her boat.
• Not carrying the required safety equipment.
• Crossing hazardous inlets and bars.
• Excessive speed

Careless Operation Of A Vessel

Operation of any watercraft in a careless or heedless manner so as to be grossly indifferent to the person or property of other persons or at a rate of speed greater than will permit him in the exercise of reasonable care to bring the watercraft to a stop within the assured clear distance ahead shall be guilty of the crime of careless operation.

Negligent Homicide

Any person who by the operation of any watercraft at an immoderate rate of speed or in a careless, reckless, or negligent manner shall cause the death of another shall be guilty of the crime of negligent homicide.

Overloading

No watercraft shall be loaded with passengers or cargo beyond its safe carrying capacity taking into consideration weather and other existing operating conditions.

Overpowering

No watercraft shall be equipped with any motor or other propulsion machinery beyond its safe power capacity taking into consideration the type and construction of such watercraft and other existing operating conditions.

Riding On Decks And Gunwales

No person operating a motor boat of twenty-six or less feet in length shall allow any person to ride or sit on either the starboard or part gunwales thereof or on the decking over the bow of the vessel while underway unless such motorboat is provided with adequate guards or railing to prevent passengers from being lost overboard.
This activity makes it easy to fall from a boat and leads to serious injuries and death in many cases.

Restricted Areas

No person shall operate a watercraft within a water area which has been marked, in accordance with and as authorized by the laws of the state, by buoys or some other distinguishing device as a bathing, swimming, or otherwise restricted area.

Interference With Navigation

No person shall operate any watercraft in a manner which shall unreasonably or unnecessarily interfere with other watercraft or with the free and proper navigation of the waterways of the state. Anchoring under bridges or in heavily traveled channels shall constitute such interference if unreasonable under the prevailing circumstances.

Termination Order

There are certain conditions under which a USCG law enforcement agent may observe especially hazardous conditions aboard a vessel. The operator may be directed to take immediate steps to correct the condition, including returning to port.

Some examples where termination may be imposed are:

- Fuel in bilges.
- Fuel leakage.
- Insufficient number of USCG approved personal flotation devices.
- No or insufficient fire extinguishers.
- Improper navigation light display.
- Overloading beyond recommended safe loading capacity (Capacity Plate).
- Ventilation requirements for tank and engine spaces not met or up to standard.
- No or improper backfire flame arrestor.
- Manifestly unsafe voyage.
- Operating in regulated boating areas during permitted marine events.

Marine Waters South of I-10

In addition to the above examples of reckless or negligent operation, vessel operators must follow the 100-foot rule.

The 100-foot rule means you may not:

• Operate at an excessive speed within 100 feet of another occupied vessel except in a crossing situation or overtaking situation
• Jump, or attempt to jump, the wake of another vessel within 100 feet of the other vessel
• Follow within 100 feet of a water-skier
• Create a potentially damaging wake within 100 feet of:
• Anywhere vessels are typically docked (harbors, public marinas, etc.)
• All public boat launching ramps

You may not operate a vessel when any passenger blocks the operator’s view of other waterway traffic or of persons and objects in the water.