Southwinds logo - Local News for Southern Sailors - February 2002 Next Story
What to do when the Coast Guard stops me
By Capt. J. Michael Shea, JD
A lot of things have changed as a result of September 11, and one of those is the manner in which law enforcement looks at a boater. Before 9/11, it was a friendly group of law enforcement personnel who patrolled our waterways. Now their jobs have been radically changed. The emphasis is now on protection...of our harbors, military facilities, utilities, and the public.
indent All of our country's waterway law enforcement officers have been working together on the national, state, and local levels to accomplish the goal of protecting us. With these changes in the way our waterways are patrolled, we as the boating public need to be as cooperative as possible when we are stopped by a waterway law enforcement officer. They may be out there looking for someone and simply need to check you out and let you get on with your boating.
indent The first rule is be cooperative. Chances are, even if you have some violations, they will simply give you a warning and ask you to correct the situation. With all they have to do these days, they are not inclined to want to do a lot of paperwork and then go to court on your violation.
indent If the law enforcement officer asks you to stop, do so. It is a violation not to, and in these "homeland defense" times, you are not wise to call unwanted attention to yourself. They may have to call for reinforcements. So just stop and find out why they are asking you to stop your boat.
indent The United States Coast Guard has 609 things they can look at and see if you are in compliance. However, there are some basic ones that they will always look at. Unlike land law enforcement officers, the waterway enforcement officers do not have to have probable cause to stop you-they can simply stop you for a safety check of your boat and equipment.
indent The boating safety checklist used by the USCG and their auxiliary will address the following items and information: the number of persons on board, adults and children; the owner's name and address, and phone number. You must have your registration on board. Is the owner the operator? If not, who is the operator and what is his/her name, address, and phone number; the operator's driver license number. What is the operator's age? Has the operator had any boating safety courses? (USCG- Auxiliary, Power Squadron, etc.) Those operators with birthdays after 1982 are required to have attended a boating safety course to operate a vessel. Is the boat a rental vessel? indent The list continues: the vessel's make, model, year built, net tons, length, and horsepower of the motor; the type of vessel: open, cabin, sail, rowboat, canoe, houseboat, inflatable, etc.
indent Also, the type of propulsion: outboard, inboard, diesel or gas, jet drive, sail only, or simply manual. Is the engine compartment open or closed? Is the fuel compartment open or closed? Is the compartment ventilated, and if so, is it by a natural ventilation or electric ventilation system?
indent If there is a fuel compartment, is it open or closed, and is it ventilated and how? What kind of material is the vessel built out of: wood, aluminum, steel, fiberglass, rubber, or cement? The body of water the vessel is operating in and the lat/long of the operation. Does the inland or international rules of the road apply? Remember, all vessels are required to have a copy of the rules on board.

indent After this basic information has been obtained, they can look for any violations, and the standard ones they look for (on checklist forms) are as follows:
  • Boat Number (if a state vessel) or Document Official Number if a U.S. vessel.
  • Certificate of Operation. These are very important on any commercially-used vessels. Sometimes the Coast Guard has received a complaint that an operator is operating either beyond the vessel's geographic-approved area or that the boat is over its approved passenger limit.
  • Personal flotation devices: They will check to see that you have the proper type (there are a number of different kinds for different uses). There must be one child PFD for each child on board. You need to have one that can be used to throw. A good rule is to have more approved flotation devices than you are required to carry.
  • Some kind of sound producing device (horn) and a bell.
  • The proper fire extinguisher(s) for your boat (not expired).
  • Is your boat equipped with a backfire flame control on your motor (if your motor requires one)?
  • Is your boat properly ventilated in those compartments that should be ventilated?
  • Does your vessel meet the required marine sanitation devices?
  • Does the vessel have posted: a pollution placard and a garbage placard (when required)? If in doubt, get one and put it on a bulkhead. They are inexpensive and can be purchased at most boating supply stores.
  • A waste management plan (required for vessels over 40 feet).
  • Does the vessel operator have a FCC license for radio use, and are their FCC rules posted or available?
  • Does the vessel have the proper navigation lights, and are they operational?
  • Are there visual distress signals on board?
  • Was the vessel being operated in a negligent/gross negligent manner?
  • Was the vessel being operated by a person intoxicated?
  • Was there a failure to terminate a violation when asked?
  • Was there an unsafe condition? Was a citation given?
  • If there was an unsafe condition, did it create an especially hazardous condition?
  • Were violations corrected on the spot?
  • Was the vessel overloaded?
  • Was the vessel undertaking a manifestly unsafe voyage?
  • Was there an accumulation of fuel in the bilges?
  • Was there a fuel leak in the fuel system?
  • Did the vessel have displayed a USCG Auxiliary inspection decal?
  • What, if any, law enforcement action was taken?
indent "No violations found." This is the one you want to get.
indent "Warning issued." This is the one used most of the time.
indent I have provided this list in an effort to help those of you who are out on the water as to what the law enforcement personnel are looking for when they stop you. They will be trying to obtain answers for the questions on their form. Try to answer these questions yourself before leaving the dock and you will be okay.
indent For those of us out on the water, the word is "be cooperative" because these water enforcement officers are only trying to protect us.
indent If you are interested in helping, consider taking a boating safety course, keep your vessel properly equipped, only operate your vessel when it is properly equipped and only with personnel properly trained for the vessel, and only venture out on the water when the conditions are suitable for your vessel.
indent For those who have the time and want to help, join the USCG Auxiliary but do not expect to join and start going out on patrols. You must be trained, but it can be very rewarding and a lot of fun with a great bunch of people. The auxiliary Web site is www.uscgaux.org.
Capt. J. Michael Shea, is a maritime attorney in Tampa, and holds a master's and harbor pilot's license. He has coauthored law books in the maritime field and writes articles on maritime law from time to time.
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