New boating laws on stops, operation take effect

New state boating rules that became law on Friday loosen a ban on bow-riding and limit the ability of marine officers to make safety-equipment stops.

A change passed by the Florida Legislature in the winter 2016 session “redefines the definition of careless operation” of a vessel, said Florida Fish and Wildlife Conservation Commission spokesman Rob Klepper.

The law, HB 703, drops former rule language that said “bow riding or riding on the gunwale or transom where no seating is provided” can be defined by FWC enforcement officers as a violation constituting careless or reckless boat operation.

New language says an act of careless operation must pose a threat to “another person outside the vessel.” That means bow-riding is allowed since the definition would not apply to a passenger who falls overboard and is in danger of getting hit by the boat’s hull or propeller.

“The FWC has been holding training seminars throughout the state so all officers have been trained on the new rules,” Klepper said. Officers in the Keys are among those updated.

Law sponsors said the boat operator should be able to decide what’s safe for his passengers. But the FWC and boat-safety groups still strongly recommend against bow-riding, even though it is no longer a violation.

“Bow-riding is not a safe activity,” David Kennedy of the Boat Owners Association of the United States (BoatUS) said earlier this year. “I don’t think you’ll find anyone involved with boating safety who would say that’s an OK idea.”

Exceptions to the “out the vessel” rule would be if passengers are endangered by speeding or overloading.

In another change, boaters stopped for a safety-equipment check and pass can receive a newly printed state sticker at no cost.

Displaying the red-and-white sticker means a marine officer needs a specific reason, beyond a routine equipment check, to make a boating stop. State legislators advocating the rule change contended that in some waters, boaters must undergo frequent stops for gear checks.

The FWC has distributed 200,000 of the new decals “that officers will be issuing following a clean, on-the-water safety inspection,” Klepper said. More will be ordered if needed.

The decals will not prevent stops for other violations. Questions over how long the stickers exempt a boater from a routine equipment check remain unresolved.

Other boating changes include a derelict-vessel law that allows FWC officers to ticket owners of “at-risk” boats that require repairs to avoid imminent sinking. The number of abandoned boats in the Florida Keys was prime driver of the new law.

This story was originally published July 6, 2016 at 8:50 AM with the headline "New boating laws on stops, operation take effect."