California State Laws on Negligent and Reckless Acts that Causes Boating Accidents
In 2007 alone, there were 5,191 boating accidents reported by the coast guard. This resulted to about 3,673 injuries and 685 deaths.
These boating accidents could have been avoided if people just knew what they could and could not do in the water.
Here are some California state laws that regulate boating activities:
Reckless and Negligent Operations
Under California state laws, no individual should operate a water vehicle such as water skis, boats and aqua planes in a reckless or negligent manner.
Activities that can be considered as a negligent or reckless operations are:
- Speeding in confined and restricted areas.
- Operating a vessel under the influence of drugs and alcohol.
- Buzzing or wetting down other boaters.
- Allowing a person to ride the bow, transom, gunwale or any other position that is obviously dangerous.
- Maneuvering towed skiers or other towed devices so that it passes over another towline, skier or another vessel.
- Navigating a vessel between another vessel and its tow.
- Jumping from one vessel to another within 100 feet.
Boat Speed Limits
Speed limits are placed for certain areas and conditions. If there is no speed limit, then operate the boat so that it will pose no danger to other vessels.
- Five mph is the speed limit for water vessels within 100 feet off the bather and 200 feet within a bathing beach, swimming float, diving platform or lifeline, passenger landing, or landing where boats are lined up.
- In low visibility conditions, the vessel must be running at a speed where it will be able to stop within half the distance of forward visibility. Operators must be prepared to avoid collisions at all times.
Operating a Boat under the Influence
As with roadways, authorities may administer sobriety tests and check for an individual’s blood alcohol content (BAC).
A $1,000 fine is given to boaters caught under the influence.
- No person shall operate a water vessel under the influence of drugs or alcohol.
- No person addicted to any drugs shall operate any water vessel.
- No person above the age of 21 can operate a water vessel with a BAC more than .08%.
- A person aged 21 or older and has been previously arrested for operating a mechanically propelled vessel under the influence may be subjected to a chemical test to determine BAC.
- Refusal to submit to a chemical test will result in increase in penalties when convicted.
- A person below 21 with a BAC of .01% or more may be fined $250 and be required to attend alcohol education program.
- Driving license may be revoked if convicted.
- Upon conviction, the person will be required to attend a boating safety course.
Reporting a Boating Accident
A boating accident must be reported if:
- A person dies, is seriously injured and requires treatment beyond first aid.
- Property damages is $500 or more, or loss of vessel.
The boating accident should be reported within:
- Within 48 hours within the occurrence of death, serious injury or property damage.
- Within 10 days after the accident if the above does not apply.