October 2006 Legislative Overview
Take the Opinion Poll on Proposed Boater Safety Law
Status as of 1/23/07 on Education Bill
MANDATORY EDUCATION FACING CALIFORNIA BOATERS
By Doug Hipsley, SCYC PICYA Delegate & Past President of RBOC
The major political issue that will impact recreational boating in California in 2007 is legislation creating mandatory boater education.
The USCG requested federal authority to require licensing for boat operators. This language was deleted from “USCG & Maritime Transportation Act of 2006, but the National Transportation Safety Board (NTSB) is putting pressure on California to enact changes to our Navigational & Harbor Codes to mandate mandatory education. The National Association of State Boating Administers (NABLA) has created a model bill for the states that do not have any mandatory education or licensing regulations
Only 8 states do not have education regulations for operating a recreational vessel. California is one of them; the other 7 are Alaska, Arizona, Hawaii, Maine, Okalahoma, South Dakota, Virginia, and Wyoming. Only 2 states require a boating operator’s license. They are Indiana that requires a license from their DMV and New Jersey that requires a license to operate a vessel in non-tidal waters.
In some states there are requirements that require education for operating PWC’s only, all states exempt paddle craft and small sailboats.
An average of 49 boaters are killed each year in boating accidents in California. California has a higher accident rate than the national average per 100,000 of registered boats. The top two contributing factors to boat accidents are reckless operation and the operator not paying attention. The top two types of accidents are collision with another vessel and collision with a fixed object.
The only educational requirement in the California Harbor & Navigation Codes is that you must take an approved course by DBW if you’re convicted of a moving violation when operating your vessel.
The states with the highest registration of boats and requirements to operate are:
California - none
Florida – Horsepower & age restrictions
Michigan – Horsepower & age restrictions
Minnesota – Horsepower & age restrictions
Texas – Required when born after 1984, some exemptions.
The history of boat operator licensing and/or mandatory education in California began in 1999. Assembly Bill 1287 would have created a licensing program conducted by DMV. Just like vehicle your driver’s license!
RBOC opposed AB 1287 because there were no education requirement and the program would have been administered by the DMV. RBOC sponsored a competing bill titled Be Safe @ 16 that required mandatory education for ages 16. AB 1287 passed and our bill failed. RBOC lobbied the governor and AB 1287 was vetoed.
It is obvious to us that some type of legislation will require mandatory education in the next couple of years. RBOC is developing plans to take a leadership role on this issue in the upcoming legislative session in the state capitol. The California Sheriff’s Association has announced they will sponsor a mandatory education bill. RBOC would either work closely with them to ensure that the language is acceptable to the recreational boating community, or if we can’t ensure that the sheriff’s bill satisfies the will of the boater, RBOC will sponsor its own bill. RBOC does oppose non-boaters determining regulations for boaters.
Some issues that need to be discussed in generating the language for the regulation are:
* Who should be required to take a course and what vessel types should be covered?
* Should any boaters be grandfathered?
* How should the course be offered and in what formats?
* Should a test should be included and how should it be administered?
* How long should the phase-in be?
* Should the test and course be challenged?
* Should courses taken previously apply?
* How certification from other states might be considered?
* What would the requirements be for a renter from a commercial enterprise?
* What should the penalties be for operating a vessel without certification?
RBOC wants the recreational boater to be involved in the process of developing this regulation. We want to know what you think is reasonable and acceptable to you. And always remember, RBOC is funded by individual recreational boaters in California. We can’t represent your interests without your financial support! Please make a contribution when you pay your 2007 dues. We can’t do what we do without your financial support.
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