SAFETY FIRST. California Boating. ABCs of. A Guide to Boating Law and Safety

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1 A Guide to Boating Law and Safety ABCs of California Boating SAFETY FIRST STATE OF CALIFORNIA California Natural Resources Agency Department of Boating and Waterways

2 OWNER/BOAT INFORMATION Owner/Boat Information Name of Owner Name of Boat Boat CF # Personal Contact Information Owner s Cell Phone Owner s Home Phone Owner s Home Address Emergency Contact Information Home Marina Phone Harbormaster Phone Marine Law Enforcement Phone Other Important Phone Numbers Emergency Phone Number 911

3 A Guide to Boating Law and Safety ABCs of California Boating DEAR CALIFORNIA BOATER: You are among California s four million recreational boaters who visit marinas, lakes, rivers and the ocean seeking an enjoyable outdoor recreational experience. In order to ensure that your experience is a safe and enjoyable one, it is important for you to know and follow the regulations and guidelines found in this booklet. The ABCs of California Boating is based upon the California Harbors and Navigation Code, Vehicle Code, Penal Code, and California Code of Regulations, but uses laymen s terms rather than legal language in most instances. Not all provisions of law pertaining to boating are included. Consequently, the booklet is not suitable for use in law enforcement or in litigation. This booklet is one of many resources available through the Department of Boating and Waterways (DBW). The department brings together a body of knowledge as the state s expert in recreational boating-related matters, including public access, safety and education, marine law enforcement, and consumer and environmental protection. Recreational boaters provide the funding for DBW through state fuel taxes paid by boaters when gas is purchased, interest and principal repayment of DBW loans by boating facility owners, state registration fees paid by boaters for motorized recreational boats, and license fees paid by yacht and ship brokers and salespersons. Visit to learn more about DBW and about the resources available to you. Have a safe and pleasant boating season. And remember, if it s your boat, it s your responsibility! STATE OF CALIFORNIA California Natural Resources Agency Department of Boating and Waterways

4 CONTENTS Preparation 1 Education Weather EPIRB or VHF Marine Radio Licensing Information Fueling Boat Capacity Loading Waterway Markings 5 Federal Lateral System Uniform State Waterway Marking System Mooring to Buoys Aids to Navigation Rules of the Waterways 10 Navigation Rules Boater Responsibility Navigation Signals Meeting or Crossing Situations Overtaking Situations Other Situations Rules for Sailing Vessels Fog Signals Operational Law 15 Peace Officers Trailering Stolen Vessels County and City Laws Age Restrictions Speed Carbon Monoxide Reckless or Negligent Operation of a Vessel Hit-and-Run Accidents Operation of a Vessel While Intoxicated Designated Driver Theory Court-Ordered Boating Education Personal Watercraft Operation Water Skiing Diving ii

5 CONTENTS Emergency and Accident Procedures 22 Radio Procedures/Marine Emergency Distress Accident Reporting False Search and Rescue Calls Required Equipment 24 General Information Sailboats and Manually Propelled Vessels Motorboats Less Than 16 Feet in Length Motorboats 16 Feet to Less Than 26 Feet in Length Motorboats 26 Feet to Less Than 40 Feet in Length Motorboats 40 Feet to 65 Feet in Length Life Jackets Life Jackets and Flotation Devices Underwater Maneuvering Devices Fire Extinguishers Muffling Systems Ventilation Systems Two-Stroke Engines Backfire Flame Control Devices Running Lights Anchor Lights Visual Distress-Signaling Devices Marine Sanitation Devices Green Boating Guidelines 46 Boater Responsibility Boat Maintenance Oil and Gas Bilge Oil Oily Waste Discharge Placard Aquatic Invasive Species Restrictions on California s Waterways Solid Waste and Marine Debris Marine Pollution Placard Household Hazardous Waste Sewage No Discharge Areas Graywater Fish Waste Management Waste Management Plan Marine Protected Areas Proper Vessel Disposal iii

6 CONTENTS Registration 56 General Guidelines How to Register Display of Numbers and Stickers Emission Standards Notification Requirements Resources and Contact Information 59 CHARTS AND TABLES Storm Advisories Checklist And Float Plan Federal Channel Marking System California Waterway Marker System Main Channel Buoys Secondary Channel Buoys Navigation Signals Water Skiing Hand Signals California Boating Accident Report Table A Fire Extinguisher Requirements Table B Fire Extinguisher Characteristics Night Boating Navigation Lights Recognized Signals Table C Visual Distress Signals Recommended Additional Equipment Alternatives To Toxic Products Marine Pollution (MARPOL) Regulations iv

7 preparation PREPARATION Education The California Department of Boating and Waterways (DBW) recommends taking a boating safety class offered by the U.S. Coast Guard Auxiliary, U.S. Power Squadrons, or certain chapters of the American Red Cross before you begin boating. For more information on Coast Guard Auxiliary and Power Squadron classes, visit or contact: U.S. Coast Guard Auxiliary: U.S. Power Squadrons: 800-SEA-SKIL ( ) U.S. Coast Guard Customer Infoline: As noted, DBW offers a home study guide called the California Boating Safety Course. In addition, aquatic centers operated by colleges, universities and non-profit organizations throughout California offer on-the-water boating safety courses. Please visit our Web site at and click on Safety and Education for more information. Weather Before getting underway, check the latest local conditions such as weather, currents, rapids, flow levels, and hazards, including low-head dams. The latest coastal conditions and wave forecasts can be found on the DBW Web site. Detailed information can also be obtained by tuning to local radio stations or the National Weather Radio broadcasts on frequencies of , , , , , and MHz in areas where available or by consulting local news sources. At selected locations in and near boating areas, storm advisories are displayed by flag hoists or lights. Coast Guard stations and many marinas no longer display storm advisory flags. Remaining display points are located at some park ranger stations, marinas or municipal piers. Become familiar with area display stations and the meanings of the signals. 1

8 preparation STORM ADVISORIES Daytime Signals Night Signals Small Craft Winds up to 38 mph Gale Winds 39 to 54 mph Storm Winds 55 to 73 mph Hurricane Winds 74 mph and up NOTE: In some areas, the display of storm advisory flags has been discontinued. Boaters should check current weather conditions before starting their trip. EPIRB or VHF Marine Radio Licensing Information For information on getting a license for a VHF marine radio or Emergency Position Indicating Radio Beacon (EPIRB), contact the U.S. Federal Communications Commission (FCC) at for forms or 888-CALL-FCC ( ) for assistance. Fueling Most fires happen after fueling. To prevent fires, follow these common sense rules: Don t smoke or strike matches. Shut off motors. Turn off electrical equipment. Close all windows, doors and openings. Take portable tanks out of the boat and fill them on the dock. Keep the filling nozzle in contact with the fill pipe or tank. Wipe up any spilled gas with petroleum-absorbent pads. Discard the pads in a safe manner. Ventilate for at least five minutes. Make sure there is no odor of gasoline anywhere in the boat. Periodically check the system for fuel leaks. Visually check for leaks or fuel in the bilges. 2

9 preparation Boat Capacity Single-hull motorboats less than 20 feet in length that were manufactured after 1972 must display capacity and safe horsepower information. The maximum weight in people, gear and motors is offered as a guide to boaters and should not be exceeded. While local, state, and federal laws may differ, please, keep in mind that other states may cite operators who exceed capacity and horsepower limitations. Some insurance companies will not insure craft exceeding horsepower maximums, and some boat manufacturers will void any applicable warranties for the same reasons. Boaters using vessels and personal watercraft without capacity plates should refer to the owner s manual and state law. Loading As the operator, it s your responsibility to see that supplies are carefully loaded and all passengers are properly seated. For safety onboard, remember to: Spread weight evenly. Fasten gear to prevent shifting. Keep passengers seated. Don t overload your boat. Photo courtesy of U.S. Coast Guard 3

10 preparation C H E C KL I S T A N D F LOAT P L A N CHECKLIST Before embarking on a cruise: 1. File a Float Plan (see below) 2. Give consideration to basic safety items, including the following: Vessel in good condition Vessel properly loaded Ample supply of fuel Check weather reports Compass and charts Good anchoring equipment Bailing Device Spare parts First-aid kit Tools Extra starting battery Life jackets/throwable devices (Coast Guard-approved) Fire extinguishers (Coast Guard-approved) Visual distress signals Oars or paddles Marine VHF radio Flashlight 3. Cancel your Float Plan when you return FLOAT PLAN Operator Name and address of operator Phone number Searches for an overdue boat have a much greater chance of being successful if the Coast Guard or other rescue agencies have certain facts. For your own safety and before leaving on a cruise, complete this form and leave it with a reliable person who will notify authorities if necessary. If overdue, contact Name and phone number of rescue agency near point of departure Vessel Name CF Number Length Power, Inboard - Outboard Rig, If Sail Hull Color Type/Style Range Speed Persons Number Persons Aboard Radio Frequencies Departure from Place Date/Time Depart Car Parked License # Trailer Parked License # Where Parked Destination Place Stops en Route Date/Time Return DISCLAIMER: The Float Plan and checklist is not a definitive list of everything that may be required for safe boating on any particular boat or boating excursion. Knowing what is required is the responsibility of each individual boater. IMPORTANT: Don t forget to cancel your Float Plan when you return 4 Also available at:

11 Waterway Markings WATERWAY MARKINGS Federal Lateral System U.S. waterways are marked for safe navigation by the lateral system of buoyage. The system uses a simple arrangement of colors, shapes, numbers and light characteristics to show the side on which a buoy should be passed when proceeding in a given direction. The characteristics are determined by the buoy s position with respect to the navigable channels as the channels are entered from seaward. The expression red right returning has long been used by seafarers as a reminder that the red buoys are kept to the starboard (right) side when proceeding from the open sea into port (upstream). Likewise, green buoys are kept to the port (left) side (see chart below). Conversely, when proceeding toward the sea or leaving port, red buoys are kept to port side and green buoys to the starboard side. Red buoys are always even numbered, and green buoys are odd numbered. Red and white vertically striped buoys mark the center of the channel. FEDERAL CHANNEL MARKING SYSTEM Lateral System As Seen Entering from Seaward "6" C "1" N "2" "5" "4" RG "L" SECONDARY CHANNEL MAIN CHANNEL "3" This diagram shows the course a boat will take following the lateral system of buoyage. "1" "A" "2" Returning to port from seaward 5

12 5576 JS Waterway Markings Uniform State Waterway Marking System Most waterways used by California boaters are located entirely within the boundaries of the state. The California Uniform State Waterway Marking System has been devised for these waters. For examples of such aids, see chart below. The waterway marking system employs buoys and signs with distinctive standard shapes to show regulatory or advisory information. These markers are white with black letters and orange borders. They signify speed zones, restricted areas, danger areas and general information. CALIFORNIA WATERWAY MARKER SYSTEM Information and Regulatory Marks CF A CENTER CF 2 RIGHT SIDE CF A CF 1 LEFT SIDE When proceeding to marina or upstream ROCK NO SKI FIRST AID STATION BOATS KEEP OUT Explanations may be placed outside the crossed diamond shape. Examples: dam, rapids, swim area DANGER The nature of danger may be indicated by words inside the diamond shape. Examples: shoal, reef, wreck, dam CONTROLLED AREA Type of control is indicated within the circle. Examples: 5 MPH, No Anchoring INFORMATION Official information is displayed. Examples: directions, distances, locations 5 MPH DAM CONTROLLED SPEED ZONE 5 MPH NEXT 2 MILES MARKER ON PILING MARKER ON SPECIAL PURPOSE BUOY DUAL PURPOSE MARKER ON LAND MOORING BUOY 6

13 "5" MAIN CHANNEL RG "L" SECONDARY Waterway Markings "3" Aids to navigation on state waters use red and green "2" buoys to mark channel limits, generally in pairs. Your boat should pass "A" between the red buoy and its companion This diagram green shows buoy. the course a boat Mooring will take to following Buoys Tying the up lateral to or hanging system on to any navigation buoy Returning (except a mooring to port buoy) of buoyage. "1" from seaward or beacon is prohibited. For examples of these types of buoys, see chart below and on page 8. MAIN CHANNEL BUOYS PORT SIDE: Odd number aids, green light only FIXED FLASHING (2) FLASHING OCCULTING QUICK FLASH ISO STARBOARD SIDE: Even number aids, red light only FIXED FLASHING (2) FLASHING OCCULTING QUICK FLASH ISO 1 "1" "3" "5" "7" LIGHTED BUOY: Odd number, increasing toward head of navigation, leave to port (left) when proceeding upstream. 2 "2" "4" "6" "8" LIGHTED BUOY: Even number, increasing toward head of navigation, leave to starboard (right) when proceeding upstream. SAFE WATER BUOY MARKS MIDCHANNEL: No numbers may be lettered, white light only MORSE CODE (A) A "A" LIGHTED AND/OR SOUND: Marks midchannel, pass on either side. Not numbered, may be lettered. Letter has no lateral significance. Used for identification and location purposes. UNLIGHTED L A SPHERICAL MR PREFERRED CHANNEL BUOY: No numbers, may be lettered Topmost band denotes preferred channel. Letter has no lateral significance. Used for 7

14 A Waterway Markings "A" LIGHTED AND/OR SOUND: Marks midchannel, pass on either side. Not numbered, may be lettered. Letter has no lateral significance. Used for identification and location purposes. L SPHERICAL UNLIGHTED MAIN CHANNEL BUOYS, CONTINUED MR A PREFERRED CHANNEL BUOY: No numbers, may be lettered Topmost band denotes preferred channel. Letter has no lateral significance. Used for identification and location purposes. COMPOSITE GROUP FLASHING (2 + 1) STARBOARD PORT L L L L LIGHTED BUOY "L" UNLIGHTED CAN "L" LIGHTED BUOY "L" UNLIGHTED NUN "L" L DAYMARK L DAYMARK SECONDARY CHANNEL BUOYS Starts New Numbering System PORT STARBOARD 1 C "1" UNLIGHTED CAN BUOY: Odd number, leave to port. 1 DAYMARK 2 N "2" UNLIGHTED NUN BUOY: Even number, leave to starboard. 2 DAYMARK 8

15 Waterway Markings Aids to Navigation Navigation aids assist vessel operators in verifying their position and cautioning them of dangers and impediments. Listed below are the common identifiers as seen on pages 5 8: Port-hand buoys are painted green, with green fixed or flashing lights. Starboard-hand buoys are painted red, with red fixed or flashing lights. Safe water buoys, also called midchannel or fairway buoys, and approach buoys are painted with red and white vertical stripes, with flashing lights. Preferred channel, or junction buoys, are painted with red and green horizontal bands, with flashing lights. Special marks (traffic separation, anchorage areas, dredging, fishnet areas, etc.) are painted yellow. If lighted, the light may be fixed or flashing. 9

16 Rules of the Waterways RULES OF THE WATERWAYS Navigation Rules The inland navigation rules, commonly called Rules of the Road, govern the operation of boats and specify light and sound signals on inland waters in order to prevent collisions. Existing law requires that a complete copy of the inland navigation rules must be kept for reference on board all boats of 39 feet 4 inches (12 meters) or more in length operating on inland waters. A copy of the Navigation Rules International Inland booklet, published by the Coast Guard, may be ordered for a nominal fee from: USCG Navigation Center Navcen 7310, 7323 Telegraph Road, Alexandria, VA Please call or go to for availability and price. Boater Responsibility Nothing in the rules of the road shall exonerate the operator of a vessel from the consequences of neglecting to comply with the inland rules of the road, or from neglecting any precaution which may be required by the ordinary practice of seamen, or by the special circumstances of the case. In interpreting and complying with the inland rules of the road, due regard shall be had to all dangers of navigation and collision and to any special circumstances, including the limitations of the vessels involved, which may make a departure from the rules of the road necessary to avoid immediate danger. Navigation Signals The law prescribes signals for vessels in sight of each other to indicate the intended course of a vessel when necessary for safe navigation. Motorboats should not use cross signals (i.e., answer one blast with two blasts or two blasts with one blast). 10

17 Rules of the Waterways NAVIGATION SIGNALS 1 blast 2 blasts Sounding one short blast (1 second) of the horn or whistle shows intention to direct course of vessel to own starboard (right). Sounding two short blasts shows intention to direct course of vessel to own port (left). Sounding three short blasts indicates that the vessel s engines are going astern (in reverse). 3 blasts Sounding five or more short and rapid blasts is a danger signal used when the other vessel s intentions are not understood or its indicated course is dangerous. 5 blasts Prolonged blast Sounding a prolonged blast (4 to 6 seconds) indicates restricted visibility (see Fog Signals, page 14). Meeting or Crossing Situations When motorboats are in sight of one another and meeting or crossing at a distance within half a mile of each other, each vessel shall indicate its intended maneuver with one of the following signals: n One short blast = I intend to leave you on my port side. n Two short blasts = I intend to leave you on my starboard side. n Three short blasts = I am operating astern propulsion. Upon hearing the one- or two-blast signal, the other vessel shall, if in agreement, sound the same signal and take steps to affect a safe passing. If the proposed maneuver is unsafe, the danger signal (five or more short and rapid blasts) should be sounded, and each vessel shall take appropriate action until a safe passing agreement is made. 11

18 Rules of the Waterways HEAD-ON SITUATION 1 Short Blast 1 Short Blast When meeting head-on, or nearly so, either vessel shall signal its intention with one short blast which the other vessel shall answer promptly. Both vessels should alter their course to starboard (right) so that each will pass to the port (left) side of each other. When crossing, the vessel that has the other on the starboard (right) side shall keep out of the way and avoid crossing ahead of the other vessel. The give-way vessel (the vessel required to keep out of the way) shall take early and substantial action to keep well clear of the other vessel (the stand-on vessel), which should hold course and speed. However, the stand-on vessel may take action to avoid collision by maneuvering as soon as it becomes apparent that the give-way vessel is not taking appropriate action. CROSSING SITUATION 1 Short Blast 1 Short Blast Give-way Vessel... keeps out of way Stand-on Vessel... holds course Overtaking Situations OVERTAKING TO STARBOARD 1 Short Blast Overtaking Vessel 1 Short Blast When two motorboats are running in the same direction and the vessel astern desires to pass, it shall give one short blast to indicate a desire to pass on the overtaken vessel s starboard. The vessel ahead shall answer with one blast if the course is safe. 12

19 Rules of the Waterways OVERTAKING TO PORT SIDE 2 Short Blasts 2 Short Blasts Overtaking Vessel If the vessel astern desires to pass to port of the overtaken vessel, it shall give two short blasts. The vessel ahead shall answer with two short blasts if the course is safe. If passing is unsafe, the vessel being overtaken should answer with the danger signal (five or more short and rapid blasts). A vessel approaching another vessel from the stern and overtaking it shall keep out of the way of the overtaken vessel. The vessel being overtaken shall hold its course and speed. Other Situations n If your boat nears a bend in a channel where vessels approaching from the other direction cannot be seen, you should signal with a prolonged blast (four to six seconds). Approaching boats within hearing should answer with the same signal. If your signal is answered by a boat on the farther side of the bend, then usual signals for meeting and passing should be given upon sighting. If your signal goes unanswered, the channel may be considered clear. n Keep your boat to the starboard side of narrow channels whenever safe and practicable. n Sound one prolonged blast when leaving a dock or berth. n Keep out of the way of sailing vessels where courses involve the risk of collision. n In narrow channels, do not hamper the safe passage of vessels such as deep-draft liners and freighters, which can navigate only inside such channels. Rules for Sailing Vessels When two sailing vessels are approaching one another, one of them shall keep out of the way of the other so as to avoid the risk of collision, as follows: n When each has the wind on a different side, the vessel with the wind on the port side shall keep out of the way of the other. n When both have the wind on the same side, the vessel that is to windward shall keep out of the way of the vessel that is to leeward. 13

20 Rules of the Waterways n If a vessel with the wind on the port side sees a vessel to windward and cannot determine with certainty whether the other vessel has the wind on the port or the starboard side, she shall keep out of the way of the other. The windward side shall be deemed to be the side opposite to that on which the mainsail is carried or, in the case of a square-rigged vessel, the side opposite to that on which the largest fore-and-aft sail is carried. Note: International sailing rules are the same as those above. Fog Signals The law also prescribes signals to identify vessels navigating in or near areas of restricted visibility. Upon hearing a fog signal apparently forward of the beam, you should reduce speed to the minimum at which the boat can be kept on course, unless it has been determined by radar or other means that the risk of collision does not exist. If necessary, use reverse propulsion. In any event, navigate with extreme caution until any danger is over. For motorboats: When making your way through the water, you should sound one prolonged blast at intervals of not more than two minutes. If you are in the water, but stopped and making no way through the water, sound at intervals of not more than two minutes two prolonged blasts in succession, with an interval of about two seconds between them. For sailboats or vessels not under command, restricted in ability to maneuver, towing or pushing another vessel, or engaged in fishing with nets, or trawling: You should sound at intervals of not more than two minutes one prolonged followed by two short blasts. For boats at anchor: You should ring at intervals of not more than one minute a bell rapidly for about five seconds. In addition, one short blast followed by one prolonged and one short blast may be sounded to an approaching vessel to give warning of your position and of the possibility of collision. Note: Boats less than 39 feet 4 inches (12 meters) in length have the option to make an efficient sound signal instead, at intervals of not more than two minutes. Boats less than 65 feet 7 inches (20 meters) are not required to sound signals when anchored in a federally designated anchorage area. 14

21 Operational Law OPERATIONAL LAW Peace Officers Every peace officer of the state, city, county, harbor district or other political subdivision of the state is empowered to enforce California boating law. These officers have the authority to stop and board any vessel where they have probable cause to believe that a violation of law exists. Peace officers are also authorized to order the operator of an unsafe vessel to shore. Your vessel can be ordered to the nearest safe moorage if an unsafe condition is found that cannot be corrected on the spot and if the officer determines that continued operation would be dangerous. Any vessel approaching, overtaking, being approached, or being overtaken by a moving law enforcement vessel operating with a siren or an illuminated blue light, or any vessel approaching a stationary law enforcement vessel displaying an illuminated blue light, shall: n Immediately slow to a speed sufficient to maintain steerage only. n Alter its course, within its ability, so as not to inhibit or interfere with operation of the law enforcement vessel. n Proceed, unless otherwise directed by the law enforcement vessel operator, at the reduced speed until beyond the law enforcement vessel s area of operation. Trailering The law prohibits you from towing a trailered vessel containing a passenger, except when you are launching or retrieving a vessel. For more information, please visit: Stolen Vessels If a numbered vessel is stolen, the owner or legal owner should notify local law enforcement as soon as possible. The owner shall also notify the local law enforcement agency if the vessel reported stolen is recovered. For more information, please visit: MarineSecurity.pdf. County and City Laws In addition to state law, many counties, cities and districts have special laws or ordinances that restrict activities in certain areas, prohibit certain acts at certain times or establish additional requirements. These ordinances may regulate speed, set aside specific areas or hours for special purposes, and prohibit acts that are contrary to public interest. Boaters must comply with these local rules as well as with state law. Check with your local waterway operator for special laws or ordinances in your area. 15

22 Operational Law Age Restrictions No person under 16 years of age may operate a boat with a motor of more than 15 horsepower, except for a sailboat that does not exceed 30 feet in length or a dinghy used directly between a moored boat and the shore (or between two moored boats). The law allows children years of age to operate boats with a motor of more than 15 horsepower or sailboats over 30 feet if supervised on board by an adult at least 18 years of age. Violating these provisions constitutes an infraction. Speed Speed is limited by law for certain conditions and areas. The maximum speed for motorboats within 100 feet of a bather (but not a water skier) and within 200 feet of a bathing beach, swimming float, diving platform or lifeline, passenger landing being used, or landing where boats are tied up is 5 miles per hour. A safe speed should be maintained at all times so that: (1) action can be taken to avoid collision; and (2) your boat can stop within a distance appropriate to the prevailing circumstances and conditions. In restricted visibility, motorboats should have the engines ready for immediate maneuvering. You should be prepared to stop the vessel within the space of half the distance of forward visibility. Carbon Monoxide It is a violation of California law to operate a vessel s motor or generator while someone is: (1) teak surfing, platform dragging or bodysurfing behind the vessel; or (2) while someone is occupying or holding onto a swim platform, swim deck, swim step, or swim ladder, except for a very brief period of time when a person is assisting with the docking or departure of the vessel or exiting or entering the vessel, or while the vessel is engaged in law enforcement or emergency rescue activity. Teak surfing or platform dragging means holding onto the swim platform, swim deck, swim step, swim ladder, or any portion of the transom exterior of a motorized vessel for any amount of time while the vessel is underway at any speed. The law requires that a set of carbon monoxide warning stickers be placed on the transom and helm 16

23 Operational Law of all new and used motorized boats sold in California. For a pamphlet on the dangers of carbon monoxide poisoning and a set of warning decals, please visit: Reckless or Negligent Operation of a Vessel No person shall operate any vessel or manipulate any water skis, aquaplane or similar device in a reckless or negligent manner so as to endanger the life, limb or property of any person. Examples of such operation include, but are not limited to: n Riding on the bow, gunwale or transom of a vessel under way, propelled by machinery, when such position is not protected by railing or other reasonable deterrent to falling overboard or riding in a position or manner that is obviously dangerous. These provisions shall not apply to a vessel s crew in the act of anchoring, mooring or making fast to a dock or another vessel, or in the necessary management of a sail. n Maneuvering towed skiers or devices so as to pass the towline over another vessel or its skier. n Navigating a vessel, skis or other devices between a towing vessel and its tow or tows. n Operating under the influence of intoxicants or narcotics. Other actions such as speeding in confined or restricted areas, buzzing or wetting down others, or skiing at prohibited times or in restricted areas can also be considered reckless or negligent operations. Hit-and-Run Accidents Any person involved in a boating accident that results in injury, death or disappearance who is convicted of leaving the scene without either: (1) furnishing appropriate information to others involved or to any peace officer at the scene; and/or (2) rendering any reasonable assistance to any injured person, is liable for a fine of up to $10,000 or imprisonment for up to four years, or both. A person responsible for an accident that results in serious injury or death can be subject to a conviction of manslaughter and sentenced to an additional five years in state prison for fleeing the scene. 17

24 Operational Law Operation of a Vessel While Intoxicated Alcohol is a factor in about 50 percent of all fatal motorboat accidents in California. State law specifies that: 1. No person shall operate any vessel, water skis or similar device while under the influence of intoxicating liquor or drugs. No person who is addicted to any drug shall operate any vessel, water skis or similar device. 2. No person 21 years of age or older shall operate any vessel, water skis or similar device who has 0.08 percent or more, by weight, of alcohol in his or her blood. A level of at least 0.05 percent, but less than 0.08 percent, may be used with other evidence in determining whether the person was under the influence of alcohol. A person under 21 years of age or older who has been arrested for operating a mechanically propelled vessel under the influence may be requested to submit to a chemical test to determine blood-alcohol content. Refusal may result in increased penalties upon conviction. A person convicted of operating a vessel while intoxicated could receive up to a $1,000 fine and six months in jail. 3. No person under 21 years of age may operate a vessel, water skis or similar device who has 0.01 percent or more of alcohol in his or her blood by weight. Penalties may include a fine of up to $250 and participation in an alcohol education or community service program. Designated Driver Theory Designating a driver is not enough on vessels. The concept works well in cars, but drunken passengers on boats can easily fall overboard, swim near the propeller or cause loading problems by leaning over the side or standing up in small vessels, causing vessels to capsize. Everyone who drinks alcohol on board is at risk. If you do drink, wear a life jacket. Court-Ordered Boating Education Any person convicted of a moving violation of the Harbors and Navigation Code or Federal Rules of the Road, or while operating a vessel in violation of the Anthony Farr and Stacey Beckett Boating Safety Act of 2004 (Carbon Monoxide law), shall be ordered by the court to complete and pass a boating safety course approved by DBW. Proof of completion and passage of the course must be submitted to the court within seven months of the time of the conviction. 18

25 Operational Law Personal Watercraft Operation A personal watercraft (PWC), popularly known as a jet ski, is a vessel 13 feet in length or less, propelled by machinery, that is designed to be operated by a person sitting, standing or kneeling on the vessel rather than in the conventional manner of sitting or standing inside the vessel. PWCs are subject to the same laws governing the operation of motorboats of the same size. Boaters on board a PWC without capacity plates should reference the owner s manual and state law. Registration: For proper display of registration numbers and stickers, see the Registration section of this booklet. Life Jackets: Every person on board a PWC and anyone being towed behind a vessel must wear a Coast Guard-approved Type I, II, III or V life jacket. Lanyard/Self-Circling Device: The law requires anyone operating a PWC equipped with a lanyard cutoff switch to attach the lanyard to his or her person. Operating a PWC equipped with a self-circling device is prohibited if the device has been altered. Nighttime Operation Prohibited: The law prohibits the operation of a PWC at any time from sunset to sunrise, even if the PWC is equipped with proper navigational lights. Operator Age: It is an infraction for anyone under 16 years of age to operate a motorboat of more than 15 horsepower, including a PWC. Any person who permits someone under age 16 to do so is also guilty of an infraction. Children years of age may operate a motorboat of more than 15 horsepower if supervised by an adult on board who is at least 18 years of age. Reasonable and Prudent Operation: Under California law, no person shall operate any craft in a reckless or negligent manner so as to endanger the life, limb or property of any individual. Some examples are: n Navigating a vessel, skis or other devices between a towing vessel and its tow or tows. n Operating under the influence of intoxicants or narcotics. n Jumping or attempting to jump the wake of another vessel within 100 feet of the other vessel, which constitutes unsafe operation. Note: Other actions that constitute unsafe operation include: (1) operating a PWC toward any person or vessel in the water and turning sharply so as to spray the person or vessel; and (2) operating at a rate of speed and in proximity to another vessel so that either operator is required to swerve at the last minute to avoid collision. A PWC Course can be taken online at: 19

26 Operational Law Water Skiing When using a boat to tow someone on water skis or an aquaplane, there must be one other person in the boat in addition to the operator who can observe the person being towed. The observer must be at least 12 years of age. Other tow sports, such as wake boarding, knee boarding, and tubing, must follow the same rules and guidelines as skiers. Life Jackets: Effective Jan 1, 2001, California law provides that any person being towed behind a vessel must wear a Coast Guard-approved Type I, II, III or V life jacket. Exceptions: The law does not apply to performers engaged in professional exhibitions, official regattas, marine parades or tournaments. Any person engaged in slalom skiing on a marked course or in barefoot, jump or trick water skiing, may instead wear a wetsuit designed for the activity and labeled by the manufacturer as a water ski wetsuit. However, for each skier who elects to wear a wetsuit, a Type I, II, III or V life jacket still must be carried on board. Note: Inflatable personal flotation devices are not approved for use while water skiing. Towing: Water skis and aquaplanes must not be operated in a manner to endanger the safety of people or property. Passing the towline over another vessel or skier and towing a skier or navigating between a vessel and its tow are prohibited. Towing a skier does not give the vessel operator any special privileges. You must observe the rules of the road. WATER SKIING HAND SIGNALS Speed Up Skier OK Slow Down Back to Dock Stop Left Turn Skier in Water Speed OK Right Turn The towing of water skiers from sunset to sunrise is prohibited by state law. Local laws may also restrict skiing at specific times during the day and in certain areas. For more information, please visit: 20

27 Operational Law WATER SKI FLAG The operator of a vessel involved in towing a skier must display, or cause to be displayed, a red or orange water ski flag to indicate: A downed skier A skier in the water preparing to ski A ski line extended for the vessel A ski in the water in the vicinity of the vessel Water Skiing The flag must be no less than 12 inches on each side and be in the shape of a square or rectangle. The display of the ski flag does not in itself restrict the use of the water, but when operating in the area, boaters should exercise caution. ALPHA FLAG Whenever the size of a vessel engaged in diving operations during daytime hours makes it impracticable to exhibit the daytime shapes required of a vessel restricted in its ability to maneuver, a rigid replica of the international blue-and-white code flag (Alpha) is required to be displayed. The flag must measure not less than 1 meter (3 ft. 3 in.) in height and must be visible all round the horizon. For boats tending free-swimming divers where the diving does not interfere with the maneuverability of the boat, the alpha flag is not required and they may display the divers down flag. DIVERS DOWN FLAG State law recognizes that a red flag with a white diagonal stripe commonly called the divers down flag indicates a person engaged in diving in the immediate area. Displaying the divers down flag is not required by law and does not in itself restrict the use of the water. When operating in an area where this flag is displayed, boaters should exercise caution. Diving Required for use by vessels engaged in diving operations and restricted in their ability to maneuver. Recognized for use by people engaged in diving. 21

28 Emergency Procedures EMERGENCY AND ACCIDENT PROCEDURES Radio Procedures/Marine Emergency Distress A. If you are in distress (i.e., threatened by grave and imminent danger) or observe another vessel in distress, transmit the International Distress Call on Channel 16: MAYDAY MAYDAY MAYDAY THIS IS. State the call sign of the vessel in distress or the name of your boat if no call sign has been assigned and repeat it three times. SPEAK SLOWLY AND CLEARLY. If you are aboard the vessel in trouble, state: 1. WHO you are (your vessel s call letters and name). 2. WHERE you are (give your vessel s position in latitude/longitude or true bearing and distance in nautical miles from a widely known geographical point). Remember that local names known only in the immediate vicinity are confusing. 3. WHAT the problem is aboard your boat. 4. Type of assistance needed. 5. Number of people aboard and condition of any injured. 6. Present seaworthiness of your vessel. 7. Description of your vessel (length, type, cabin, masts, power, color of hull, superstructure and trim). 8. Your listening frequency and schedule. If you observe another vessel in distress, give: 1. Your position and, if possible, the bearing and distance of the vessel in difficulty. 2. Nature of distress. 3. Description of vessel in distress (see item 7 above). 4. Your intentions, course, speed, etc. 5. Your radio call sign, name of your vessel, listening frequency and schedule. NOTE: The international sign for an aircraft that wants to direct a surface craft to a vessel in distress is: Circling the surface craft, opening and closing the throttle or changing propeller pitch (noticeable by change in sound) while crossing ahead of the surface craft, and proceeding in the direction of the vessel in distress. If you receive such a signal, you should follow the aircraft. If you cannot do so, try to inform the aircraft by any available means. If your assistance is no longer needed, the aircraft will cross your wake, opening and closing the throttle or changing the propeller pitch. If you are radio-equipped, you should attempt to communicate with the aircraft on Channel 16 when the aircraft makes the above signals or makes any obvious 22

29 Emergency Procedures attempt to attract your attention. In the event you cannot communicate by radio, be alert for a message block dropped from the aircraft. B. If you need information or assistance from the Coast Guard (other than in a distress), call COAST GUARD on Channel 16 (The Distress and Calling Frequency). In this situation, you will normally be shifted to a common working frequency (21, 22 or 23) allowing the DISTRESS frequency to remain open. Radio Checks: Do not use Channel 16 to call the Coast Guard merely for a radio check. Such use is prohibited by the Federal Communications Commission. C. After the emergency is over, notify the Coast Guard promptly. Accident Reporting Boat operators involved in an accident must: (1) provide their name, address and vessel registration number to other involved parties; (2) render assistance to any injured people; and (3) in case of a death or disappearance, report the accident without delay to law enforcement officials. Boat operators or owners must also make a written report of a boating accident to DBW within 48 hours when: n A person dies within 24 hours of the accident, disappears, or is injured and requires medical treatment beyond first aid. n Total damage to all vessels involved and other property is more than $500 or there is complete loss of a vessel. In all other incidents requiring a written accident report, the report must be made within 10 days of the accident. Failure to comply with the above requirements is punishable by a fine of up to $1,000 or imprisonment up to six months, or both. This booklet contains an accident report form that may be used for such incidents. Forms are also available through most sheriffs and harbormasters offices and many police departments. They may also be obtained by contacting DBW or by visiting False Search and Rescue Calls Any individual who reports to a state or local agency that an emergency exists, knowing that the report is false, is guilty of a misdemeanor and can be found liable for the expense of the emergency response. An emergency includes any condition that results in, or could result in, the response of a public official in an authorized emergency vehicle, vessel or aircraft. It is a felony for any individual to report or cause any report to be made to any state or local government agency that an emergency exists if he or she knows or should know that the response to the report is likely to cause death or great bodily injury and such injury or death is sustained by any person as a result of the false report. 23

30 Required Equipment REQUIRED EQUIPMENT General Information Recreational vessels are required to carry specified safety equipment, which may vary according to type of propulsion, type of construction, area and time of use, and number of people aboard. Unless otherwise noted, all required equipment must be: n Coast Guard-approved n Kept in good, serviceable condition n Readily accessible n Of the proper type and/or size Recreational vessels may carry extra equipment that is not Coast Guardapproved, provided that minimum requirements for approved equipment are satisfied. For equipment purposes, sailboats, canoes, rowboats and inflatable rafts equipped with motors are considered to be motorboats. Requirements vary considerably for commercial vessels and vessels engaged in racing. Note: For a list of recommended additional equipment, see the chart on page 45. Sailboats and Manually Propelled Vessels Life jackets: Vessels less than 16 feet in length and all canoes and kayaks, regardless of length, must carry one Type I, II, III or V Coast Guardapproved life jacket for each person on board. Life jackets must be readily accessible and fit the intended wearer properly. Vessels 16 feet and over, except canoes and kayaks, must have one Type I, II, III or V Coast Guard-approved life jacket for each person aboard, plus at least one Type IV throwable device. The throwable device must be kept where it is immediately available. Life jackets must be readily accessible and fit the intended wearer properly. Note: An inflatable life jacket must be worn to be considered readily accessible. Navigation Lights: All vessels are required to display navigation lights between sunset and sunrise and during times of restricted visibility. In inland and international waters, sailing vessels under sail alone shall exhibit navigation lights shown on page 40. The tricolored lantern and the all-round green and red lights should never be used together. A sailing vessel of less than 23 feet (7 meters) in length shall, if practicable, exhibit those lights prescribed or have ready at hand an electric torch or 24

31 Required Equipment lighted lantern showing a white light which shall be exhibited in sufficient time to prevent collision. A vessel under oars may display those lights prescribed for sailing vessels or have ready at hand an electric torch or lighted lantern showing a white light, which shall be exhibited in sufficient time to prevent collision. Sound Signaling Devices: A vessel of less than 39 feet 4 inches (12 meters) is not required to carry a whistle or bell, but must be able to provide some other means of making an efficient sound signal. Visual Distress Signals (Coastal Waters Only): Boats less than 16 feet; manually propelled craft of any size; sailboats under 26 feet of completely open construction and not equipped with propulsion machinery; and boats competing in an organized marine parade, regatta, race, or similar event are only required between sunset and sunrise to carry aboard devices that are suitable for night use (see page 44). Motorboats Less Than 16 Feet in Length Life jackets: One Type I, II, III or V Coast Guard-approved life jacket must be carried for each person on board. Life jackets must be readily accessible and fit the intended wearer properly. Note: An inflatable life jacket must be worn to be considered readily accessible. Fire Extinguisher: One Type B-I Coast Guard-approved fire extinguisher must be carried when no fixed fire extinguishing system is installed in machinery spaces. Extinguishers are not required for outboard motorboats less than 26 feet in length and of open construction. No portable extinguishers are required if an approved, fixed fire extinguishing system is installed in machinery spaces. Backfire Flame Arrestor: A Coast Guard-approved backfire flame arrestor is required for inboard gasoline motors that are not exposed to the atmosphere above the gunwale level. Muffling System: An effective muffling system is required for the exhaust of each internal combustion engine. Unmodified outboards usually meet legal requirements (see page 37). Ventilation System: See page 38. Sound Signaling Devices: A vessel of less than 39 feet 4 inches (12 meters) must be able to provide a means of making an efficient sound signal, but is not required to carry a whistle or bell. 25