Chapter Two: South Carolina 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.

SOUTH CAROLINA LAW ENFORCEMENT

 SOUTH CAROLINA BOATING AND SAFETY ACT OF 1999

It is the policy of this South Carolina to promote safety for persons and property in and connected with the use, operation, and equipment of vessels and to promote uniformity of laws relating thereto

Authority to stop and board vessels, make arrests and issue summonses.

Any person employed or elected by South Carolina or a political subdivision thereof, whose duty it is to preserve the peace or to make arrests or to enforce the law, including, but not limited to, members of the sheriff's departments, state police, enforcement officers, or deputies or other qualified persons may, upon recommendation of the appropriate agency, be empowered to enforce the provisions of the boating laws. The department shall be primarily responsible for enforcement of the boating laws. Any such person shall also have the authority to stop and board any vessel subject to the provisions of this chapter or to any rule or regulation for the purpose of inspection or determining compliance with the provisions of this chapter and is empowered to issue a summons for appearance in court or before a magistrate or make arrest for violations of the boating laws.

Every vessel subject to this chapter if underway and upon being hailed by a designated law-enforcement officer shall stop immediately and lay to, or shall maneuver in such a way as to permit such officer to come aboard.

• The operator and crew of any watercraft operating in state waters are required to heave to when signaled or hailed and allow boarding by law enforcement officers or U.S. Coast Guard personnel.
• The operator, crew, and passengers of any watercraft operating in state waters are required to cooperate with law enforcement officers or U. S. Coast Guard personnel.

Conditions for operation of vessel displaying blue light; operating procedure in presence of such vessel; violations.

• No person shall operate any vessel displaying, reflecting or flashing a blue light unless a duly commissioned law enforcement officer is on board.
• The operator of any vessel being approached by a vessel flashing a blue light shall stop or maneuver in such a way as to permit boarding, so far as possible without endangering his own vessel, and not begin normal movement again until directed by the law enforcement officer or until the vessel flashing a blue light has cleared the immediate area.
• The operator of any vessel approaching any area where a vessel flashing a blue light is located or patrolling shall slow his vessel to a no wake speed and shall maintain such speed until clear of the area.

Towing of watercraft by department

• The department may tow away and store at the nearest commercial marina or any other suitable facility any unattended watercraft, a watercraft the operator of which is ill, intoxicated, or under a disability which renders him incapable of functioning safely, or other object which constitutes a hazard to navigation and which is not within an anchorage area approved by the United States Coast Guard.

Definitions

"Associated equipment" does not include radio equipment and means:

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

"Boat" means a vessel:

(a) manufactured or used for recreational or commercial use;
(b) leased, rented, or chartered for recreational or commercial use; or
(c) used to carry any passengers either for recreational or commercial purposes.

"Certificate of number" means the registration.

"Department" means the South Carolina Department of Natural Resources.

"Hull identification number" means the letter and number combination required by the United States Coast Guard or its successor agency on all watercraft manufactured after November 1, 1972.

"Marina" means a facility which provides mooring or dry storage for watercraft on a leased or rental basis.

"Motor boat" means a vessel equipped with propulsion machinery of any type whether or not the machinery is the principal source of propulsion.

"No Wake--Idle Speed" means a boating restricted area established to protect the safety of the public and property. "No Wake--Idle Speed" means that a vessel cannot proceed at a speed greater than that speed which is necessary to maintain steerageway.

"Operate" means to navigate, steer, or drive. It also includes the manipulation of moving water skis, a moving aquaplane, a moving surfboard, or similar moving device.

"Operator" means the person who operates or has charge or command of the navigation or use of a vessel or watercraft.

"Outboard motor" means a completely self-contained propulsion system, excluding the fuel supply which is used to propel a watercraft and which is detachable from the watercraft as a unit. No outboard motor of less than five horsepower or its equivalent is required to be titled.

"Owner" means a person, other than a lienholder, who claims lawful possession of a vessel by virtue of legal title or equitable interest in it which entitled him to possession.

"Passenger" means every person carried on board a vessel other than:

1. the owner or his representative;
2. the operator;
3. bona fide member of the crew engaged in the business of the vessel who has contributed no consideration for their carriage and who is paid for his services; or
4. a guest on board a vessel, which is being used exclusively for pleasure purposes, who has not contributed consideration, directly or indirectly, for his carriage.

"Person" means an individual, a partnership, a firm, a corporation, an association, or other legal entity.

"Reportable boating accident" means an accident, collision, or other casualty involving a vessel subject to this chapter which results in loss of life, injury which results in loss of consciousness, necessity for medical treatment, necessity to carry a person from the scene, disability which prevents the discharge of normal duties beyond the day of casualty, or actual physical damage to property including vessels in excess of five hundred dollars.

"Serial number" means the identifying manufacturer's number affixed to a watercraft before November 2, 1972, and to outboard motors before, on, and after that date. The serial number of watercraft manufactured after November 1, 1972, is part of the hull identification number.

"Temporary certificate of number" is a temporary registration assigned to a vessel to allow operation for a limited purpose.

"Undocumented vessel" means a vessel which does not have and is not required to have a valid marine document issued by the United States Coast Guard or federal agency successor to it.

"Use" means operate, navigate, or employ.

"Vessel" means every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water.

"Water device" means a motorboat, boat, personal watercraft or vessel, water skis, an aquaplane, surfboard, or other similar device.

"Waters of the State" means waters within the territorial limits of the State but not private lakes or ponds.

"Water craft" means any motorboat, boat, personal watercraft or vessel. It does not include water skis, aquaplanes, surfboards, rowboats, canoes, kayaks, or other similar hand-propelled devices.