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Chapter Four

Chapter Four. The Legal Requirements of Boating. Key Topics. Numbering and Documentation Hull Identification Number Age and Education Requirements Unlawful Operation Alcohol and Drugs Obstructing Navigation. Key Topics (cont.). Homeland Security Personal Flotation Devices

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Chapter Four

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  1. Chapter Four The Legal Requirements of Boating

  2. Key Topics Numbering and Documentation Hull Identification Number Age and Education Requirements Unlawful Operation Alcohol and Drugs Obstructing Navigation

  3. Key Topics (cont.) Homeland Security Personal Flotation Devices Fire Extinguishers Flame Arrestors, Ventilation, and Mufflers Navigation Lights Sound-Producing Devices Visual Distress Signals

  4. Key Topics (cont.) Other Equipment and Regulations PWC Laws Laws Relating to Towing Persons Waste, Oil, and Trash Disposal Protecting the Environment Reporting Accidents Penalties and Enforcement

  5. Objectives know which vessels need to be registered and how to do so. be able to correctly place the Certificate of Number and validation decal on vessel. know where to find the HIN number. know the age and education restrictions for vessel operation. You should …

  6. Objectives (cont.) be able to list reckless and illegal behaviors that should be avoided when operating a vessel. be able to explain dangers of consuming alcohol or drugs while boating, and penalties for doing so. know the laws pertaining to obstructing navigation. know you role in keeping waterways safe and secure.

  7. Objectives (cont.) be able to identify classifications and uses of personal flotation devices and state legal requirements. know legal requirements for fire extinguishers, flame arrestors, ventilation systems, and mufflers. know legal navigation light requirements. know legal requirements for visual distress signals and sound producing devices.

  8. Objectives (cont.) • know the requirements for other equipment, such as diver-down and skier-down flags. • understand the legal requirements specific to PWCs. • know the legal requirements for towing a skier with a vessel. • understand how to properly dispose of waste, oil, and trash and properly use MSDs. • know when and how to report a boating accident.

  9. Registration and Decal Sailboats under 14 feet long Non-motorized vessels Vessels registered in other states using Texas waters for 90 days or less. You must have a Texas Certificate of Number and validation decals to operate a vessel legally on public waters. The only exceptions are:

  10. Registration and Decal (cont.) Certificate of Number and validation decals obtained by submitting proper applications, titles, and fees. Certificate or a copy of it must be on board and available for inspection by an enforcement officer whenever vessel is operated. If your vessel requires registration, illegal to operate it or allow others to operate it unless it is registered and numbered.

  11. Registration and Decal (cont.) Number must be affixed to both sides of bow. Number shall read from left to right. Number must be at least 3" high BLOCK letters. Display number and decals as follows:

  12. Registration and Decal (cont.) Number’s color must contrast with background. Letters must be separated from the numbers by a space or hyphen. No other numbers can be displayed on either side of bow. Decal must be affixed on both sides of bow 3" behind and in line with number.

  13. Registration and Titling Must obtain title for all outboard motors. Battery operated trolling motors are an exception. Certificate of Number is valid for two years. Owners must notify Texas Parks and Wildlife Department (TPWD) within 15 days if: Address changes Vessel is abandoned or destroyed If you lose or destroy Certificate of Number, must apply for duplicate.

  14. Registration and Titling (cont.) To apply for Certificate of Number and decal for homemade vessel, must submit, in addition to completed application forms and title fees: Affidavit regarding origin of vessel and receipts for materials used Inspection and certification by Texas game warden Larger recreational vessels, owned by U.S. citizens, may be documented by the USCG.

  15. Hull Identification Number The Hull Identification Number (HIN) is a unique, 12-digit or 17-digit number assigned by the manufacturer to vessels built after 1972.

  16. Hull Identification Number (cont.) Distinguish one vessel from another. Are engraved in the fiberglass or on a metal plate attached to the transom. Should be recorded and put in a safe place other than the vessel. Hull Identification Numbers:

  17. Buying and Selling a Vessel Seller completes appropriate application forms. Buyer reviews and signs form(s). If title(s) issued, seller assigns title(s) to purchaser. Forms must be submitted to TPWD no later than 20 days from date of purchase to avoid penalty. TPWD will send buyer new title and Certificate of Number in buyer’s name.

  18. Who May Operate a Vessel Operators must meet these age and boater education requirements in order to operate any of the following vessels legally in Texas: A powerboat powered by a motor of 10 horsepower or more or … A personal watercraft or … A windblown vessel over 14 feet in length.

  19. Who May Operate a Vessel (cont.) A person less than 13 may operate only if he or she is accompanied on board by a person who is 18 or older. A person 13 through 17 may operate only ifhe or she: Has passed a boater education course approved by the Texas Parks and Wildlife Department or … Is accompanied on board by a person who is 18 or older.

  20. Who May Operate a Vessel (cont.) All persons required to have passed a state-approved boater education course must carry with them on the vessel: Photographic identification and … A boater education certification card issued by TPWD upon successful completion of a boater education course. Non-residents may fulfill the Texas boater education requirement by supplying proof that they have passed another state’s boater education course that is accepted by TPWD and is approved by NASBLA.

  21. Party Boat Operator Licensing (New) As of June 1, 2007, a Party Boat Operator License issued by the TPWD is required for operators of charter vessels, operating on inland waters, carrying more than six passengers and with a length exceeding 30 feet. Only exemption is if the operator holds a current USCG Operator of Uninspected Passenger Vessel (OUPV) License or higher level of Captain’s license issued by the USCG. Inland charter or party boats must now also have annual inspections and post the annual inspection certificate on their boat.

  22. Negligent and Reckless Operation Boating in restricted areas clearly marked by buoys or some other manner. Allowing passengers to ride on bow, gunwale, transom, seat backs, seats on raised decks, or any place where there is a chance of falling overboard. Negligent or Reckless Operation is failure to exercise care necessary to prevent endangerment of life, limb, or property of any person. Examples are:

  23. Negligent / Reckless Operation (cont.) Operating at speeds that are not reasonable and prudent based on boating traffic, weather conditions, visibility, or other potential hazards. If no limits posted, operate vessel so as not to endanger others and so it can be stopped safely. Causing damage to person or property with vessel’s wake in posted “No Wake” areas. Operate vessel slowly enough so it does not throw a wake. Encircling swimmers, divers, or boaters who are fishing, including vessels pulling water-skiers.

  24. Alcohol and Drugs Texas law prohibits anyone from boating while intoxicated (BWI). Alcohol and drugs cause impaired balance, blurred vision, poor coordination, impaired judgment, and slower reaction times. Alcohol is a major contributor to boating accidents and fatalities.

  25. Alcohol and Drugs (cont.) Operators with a blood alcohol concentration of 0.08% or greater are considered intoxicated.

  26. Alcohol and Drugs (cont.) 1st conviction: fine of up to $2,000 and/or jail time of up to 180 days 2nd conviction: fine of up to $4,000 and/or jail time of up to 1 year 3rd conviction: fine of up to $10,000 and/or jail time of 2-10 years Texas law establishes these penalties for BWI.

  27. Alcohol and Drugs (cont.) By operating a vessel on Texas waters, you have consented to be tested for alcohol and/or drugs if arrested. Refusal to submit to testing may result in suspension of your vehicle driver’s license for at least 180 days.

  28. Obstructing Navigation Operate in such a way that will interfere with safe navigation of other vessels. Anchor in traveled portion of river or channel preventing or interfering with any vessel passing through area. Moor or attach vessel to buoy, beacon, light, or any other navigational aid. Move, displace, tamper with, damage, or destroy any navigational aid. Obstruct a pier, wharf, boat ramp, or access to any facility. It is illegal to:

  29. Homeland Security Do not approach within 100 yards and slow to minimum speed within 500 yards of any U.S. Naval vessel. If you need to pass within 100 yards of a U.S. Naval vessel for safe passage, must contact the U.S. Naval vessel or USCG escort vessel on VHF-FM channel 16.

  30. Homeland Security (cont.) Observe and avoid all security zones. Avoid commercial port operation areas. Observe and avoid other restricted areas near dams, power plants, etc. Do not stop or anchor beneath bridges or in channels. Watch for anything that looks peculiar or unusual. Report suspicious activities.

  31. Personal Flotation Devices (PFDs) Quantity and type depends on: Length of vessel Number of people on board and/or being towed Each PFD must be: In good condition and readily accessible Proper size for the intended wearer Boat operators should ask everyone to wear a PFD. All vessels must be equipped with USCG–approved life jackets called personal flotation devices or PFDs.

  32. Personal Flotation Devices (cont.) For rough or remote waters where rescue may take awhile. Excellent for flotation—will turn most unconscious persons face up in water. Type I: Offshore Life Jackets

  33. Personal Flotation Devices (cont.) Good for calm waters and fast rescues. May lack capacity to turn unconscious wearers face up. Type II: Near-Shore Vests

  34. Personal Flotation Devices (cont.) Good for calm waters and fast rescues. Will not turn most unconscious persons face up. Some designed to inflate when you enter water. Type III: Flotation Aids

  35. Personal Flotation Devices (cont.) Cushions or ring buoys designed to be thrown to someone in trouble. Not for long hours in rough waters, non-swimmers or the unconscious. Type IV: Throwable Devices

  36. Personal Flotation Devices (cont.) Designed for specific activities. Some designed to inflate when you enter water. To be acceptable, Type V PFDs must be used in accordance with their label. Type V: Special-Use Devices

  37. PFD Requirements All vessels must have at least one Type I, II, III, or V wearable USCG–approved PFD for each person on board. All PFDs must be in good and serviceable condition, must be readily accessible, and must be of proper size for the intended wearer. Texas law requires all children under 13 to wear a USCG–approved PFD while underway on a vessel less than 26 feet long.

  38. PFD Requirements (cont.) One Type IV throwable USCG–approved PFD must be on board vessels 16 feet or longer and be readily accessible. One Type V may be substituted for any other type if specifically approved by USCG for the activity at hand. Type V PFDs may not be used on children weighing less than 90 lbs. Each person riding on or being towed behind a PWC mustwear a USCG–approved Type I, II, III, or V PFD.

  39. PFD Requirements (cont.) An emergency situation (rough water, rapid onset of bad weather, or dangerous boating traffic) can occur suddenly—leaving little or no time to put on life jackets. Life jackets are very difficult to put on once you are in the water. Be a smart boater, and have everyone on board your vessel wear their life jackets at all times.

  40. Fire Extinguishers Extinguishers are classified by a letter and number symbol. Number indicates the relative size of the extinguisher. Letter indicates type of fire it will extinguish. Type A: Type B: Type C: fires of combustible solids like wood fires of flammable liquids like gasoline or oil electrical fires

  41. Fire Extinguishers (cont.) All vessels required to have Type B, USCG–approved fire extinguisher(s) on board if one or more of the following conditions exist: Closed compartments under seats where portable fuel tanks may be stored Closed storage compartments in which flammable or combustible materials may be stored Closed living spaces Permanently installed fuel tanks

  42. Fire Extinguishers (cont.) Vessels less than 26 feet: without fixed system: one B-I with fixed system: none Vessels 26 feet to less than 40 feet: without fixed system: two B-I or one B-II with fixed system: one B-I Vessels 40 feet to less than 65 feet: without fixed system: three B-I or one B-II and one B-I with fixed system: two B-I or one B-II Fire Extinguisher Requirements

  43. Fire Extinguishers (cont.) Approved fire extinguishers identified by “Marine Type USCG Approved” on the label, followed by size and type symbols and approval number. Inspect extinguishers regularly. Extinguishers should be readily accessible. Know how to operate them. On a PWC, fire extinguisher may not be easily accessible—should swim away quickly and use another operator’s extinguisher.

  44. Backfire Flame Arrestors In good and serviceable condition U.S. Coast Guard–approved (must comply with SAE J-1928 or UL 1111 standards) Backfire flame arrestors must be: Periodically clean and check for damage.

  45. Ventilation Systems The purpose of ventilation systems is to avoid explosions by removing flammable gases. Properly installed ventilation systems greatly reduce the chance of a life-threatening explosion.

  46. Ventilation Systems (cont.) All gas-powered vessels that would entrap fumes must have at least two ventilation ducts fitted with cowls to remove the fumes. If vessel is equipped with power ventilation system, turn on for at least 4 minutes after fueling, prior to starting engine. If vessel not equipped with power ventilation system, open engine compartment and sniff for gasoline fumes before starting engine.

  47. Mufflers Vessel operators may not hear sound signals or voices if the engine is not adequately muffled. Motor-driven vessels must have a factory-type muffler or exhaust water manifold installed on the engine or another effective muffling system for noise reduction purposes.

  48. Navigation Lights When away from dock between sunset and sunrise During periods of restricted visibility Vessel operators must make sure vessels are equipped with proper navigation lights and use them: No other lights that may be mistaken for required navigation lights may be exhibited. Blue or red flashing lights restricted to use by law enforcement vessels. The requirements for navigation lights differ depending on type and size of vessel.

  49. Navigation Lights (cont.) Red and green sidelights visible from a distance of at least two miles away—or if less than 39.4 feet long, at least one mile away—on a dark, clear night. An all-round white light or both a masthead light and a sternlight visible from a distance of at least two miles away on a dark, clear night. The all-round white light (or masthead light) must be at least 3.3 feet higher than the sidelights. Power-Driven Vessels (including sailboats operating under power) less than 65.6 feet long when underway must exhibit:

  50. Navigation Lights (cont.)

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