Safety Primarily Boaters' Duty

[Scott Eveland]

Omaha.com - The Omaha World-Herald: Metro/Region - Safety primarily boaters' duty

Safety primarily boaters' duty
By Bob Glissmann
WORLD-HERALD STAFF WRITER

NEAR MALCOLM, Neb. — It's as clear as the misplaced registration numbers Herb Angell often spots on boats:
Many boaters fail to follow the Nebraska Boating Guide, the one that's handed to them every time they register their boats.
If more boaters paid attention to the guides, says Angell, Nebraska's boating law administrator, he would see more properly displayed numbers.
It seems like a small thing, but it makes Angell wonder whether the boaters pay attention to the big things:
That it's illegal to go faster than 5 mph within 30 yards of any boat, harbor, marina, pier, anchorage or bathing beach.
That boat operators must provide a life jacket for each person on board their boats.
That boat operators face arrest if they get caught with a blood-alcohol content exceeding 0.08 percent. (It's 0.10 in Iowa.)
Refraining from boating while drinking heavily is especially critical if Nebraska is to reduce the number of boating-related injuries and fatalities in the state.
Four of six boating fatalities in Nebraska this year, Angell said, have been alcohol-related.
Some boaters don't see a problem with drinking and operating a boat, he said.
“They view it differently: ‘I'm out here recreating; therefore, I should be drinking,'” Angell said. “These people know better, but they choose not to do what they're supposed to do.”
It's mostly up to the boaters themselves to learn and follow the laws.
That's because Nebraska is not awash in law enforcement officers to patrol its rivers and lakes, especially its numerous small, private lakes. The state's 56 conservation officers have boats, but only three are primarily boating-law enforcers. County sheriff's offices also have boats — Douglas County, for example, has one, used primarily on the Missouri River — but sheriff's deputies must patrol the highways as well.
The same is true in Iowa. Like Nebraska, state boating laws apply on private lakes, but there's no active enforcement on those waters, said Mark Sedlmayr, a district supervisor with the Iowa Department of Natural Resources. In addition, he said, the DNR's law-enforcement bureau is down 12 positions.
Woody Thelin, president of the Nebraska Lakes Association, a private-lakes group, said members of a lake's governing body are able to appoint someone — a member of the board, for example — to enforce the rules of the water. But in many cases, he said, people don't want to play “lake cop.”
“Most lakes have a set of covenants that people supposedly agree to, although most (residents) don't even know about them,” Thelin said.
Generally, the covenants will include language noting that residents must follow state boating laws, he said.
“One way or another,” Thelin said, “the homeowners association, or whatever the governing body is, can enforce their own covenants. But they choose not to.”
Thelin, who lives at Hawaiian Village near Bellevue, said a lake resident might not want to make a scene by confronting a speedy or reckless neighbor. But an association is within its rights to issue a civil citation and place a lien on a property if a member ignores the citation, he said.
Angell intended to look for boating-law violations on Thursday when he took his state boat out on the lake at Branched Oak State Recreation Area. But he had the 800-acre lake to himself on the gorgeous fall day, except for a flock of pelicans, a few coots, some gulls and a couple of great blue herons.
In late June, two Omaha area men were killed on Branched Oak after they fell out of the speedboat they were in and were struck by the circling boat.
Alcohol wasn't a factor in those deaths, Angell said. But neither man was wearing a life jacket when he fell out.
People often tell Angell that they don't like to wear life jackets because they're too bulky or uncomfortable. Besides, they say, “I'm a great swimmer.”
Angell then notes that if the person falls out of the boat for some reason and hits his or her head, skills won't matter. “If you're unconscious, you're not a great swimmer.”
Angell and other conservation officers wear lightweight life jackets that automatically inflate when a sensor in the jacket gets wet.
Earlier this month, a 54-year-old Omaha man, Ed Mahoney, was killed when a boat he was in slammed into a seawall at Newport Landing, a private lake west of Bennington. Authorities have charged the boat's driver, Ken Graeber, with manslaughter. His blood-alcohol content after the crash was 0.135 percent, officials said,
Kim Guthmann, whose parents were killed by a drunken boater in 2007, would like the state to require boating safety courses for all boaters, not just those under age 18, as the law now states. She also thinks Nebraska should consider licensing boaters.
“If we were required to be licensed to drive a boat, I think, perhaps, the social perceptions about boating would maybe change,” she said.
Drinking and then “choosing to get behind the wheel of anything — a golf cart, car, boat — is not an accident,” Guthmann said. “It's a really horrible choice.”
Angell said the National Association of State Boating Law Administrators, whose annual conference starts today in Corpus Christi, Texas, endorses mandatory boating education for recreational operators. He said he would welcome a move by an individual or group to push for such a measure in the Legislature.
Angell said that while he supports mandatory education, he would not advocate for the licensing of all boaters, noting the logistical problems, among others.
Richard Melkus, who manages the lake and grounds at Newport Landing, west of Bennington, said with the boating season winding down, residents likely will wait until their general meeting in the spring to decide what steps should be taken in light of the recent fatality at the lake. “I know people have been discussing things,” Melkus said, “how can we do things better and safer.”
State officials should consider requiring that all boaters in Nebraska take a boater safety course, said Randy Dettmer, who lives at Newport Landing.
“Think about what you have to do in order to drive an automobile,” Dettmer said. “Everyone goes through driver's ed these days. It's no different in a boat.”

[kabob48]

Some statyes ( I know NJ is one), your outboard license is required, and is thru DMV and on your drivers license as an addition same as motorcycle is lose one ...lose all. Same limits on boats as in cars 0.08.

[Scott Eveland]

I'm surprised this didn't draw much attention...

What are some of you guys/gals thoughts on either expanding boat education requirement or creating boat operator licensing? (Incidentally, I think NJ is the ONLY state that requires a license so far.)

Scott

[Mako]

Scott, I don't know if you can voice an opinion here, but what do you think? Wouldn't this take away from your time, and the time of the very few boating instructors and enforcement out there? Also, as a non-Nebraska resident, how would that work? If non-Nebraska residents need a license too, I would see that as becoming a problem with gaining visitors. And not to beat a dead horse, but I don't see how this will be enforced and think there are other things that folks such as yourself (Scott) should be looking out for. I think it's something that sounds like a good idea but impractical.

[Scott Eveland]

Well since you asked...

Actually, I also support boating education requirements. Safety education has been proven to improve safety and reduce accidents/fatalities, and is a relatively non-intrusive way to educate boaters without licensing.

We expect people to prove that they know how to operate a 3,000 pound vehicle to operate on highways with defined traffic lanes, but nothing to operate the 3,000 pound boat on an open surface with little regulation. You are 6x more likely to be killed in a boat (assuming you boat) than a car in Nebraska.

We would need to expand our class offerings and offer online study guides, but that would not increase our workload terribly. The majority of the classes in the state are already instructed by volunteers, similar to hunter education. Most states implement a test-out option, so that adults can obtain a certificate without completing an entire classroom course, and we already offer that here as well for adults who voluntarily wish to obtain the certificate for personal knowledge and/or insurance discounts.

The out-of-state visitors would provide a small challenge, but all 50 states' boating safety programs are now reciprical--we honor other states' cards for the youngsters and adults would be no different. There are other states that have gone to boating ed for the majority of their boaters, either by "born after" date, or phasing in specific age groups. The downside is that most of the other states are on the coasts--our immediate neighbors still have boater ed only for youngsters.

As far as checking for compliance, it wouldn't take much longer to ask for a boat ed certificate than it would to ask for a throw cushion.

So, yes, I would like to see boating education requirements expanded beyond the under-18 crowd, since they account for a small minority of the accidents and fatalities in this state anyway (maybe there is a reason for that...?).

My sick day, my time, my opinion (which doesn't appear to differ from my boss according to the OWH article).

Let the beatings begin...

[skeeter85]

I'm for boater education. I got my card in Ohio when I went home this last time. It's required there. It is funny how everything you do you need a permit but for boating you don't need anything but a boat.

[Mako]

Originally Posted by skeeter85

I'm for boater education. I got my card in Ohio when I went home this last time. It's required there. It is funny how everything you do you need a permit but for boating you don't need anything but a boat.

Sort of true. You do need to license the boat. Even if you don't need to take any exams or a class for it. Same goes for fishing and other things which I won't go into as to not derail the thread.

Scott, aren't you usually short on volunteer instructors? And would it make any sense to only allow somebody to license a boat if they have a boating license?

[Scott Eveland]

Originally Posted by Mako

Scott, aren't you usually short on volunteer instructors? And would it make any sense to only allow somebody to license a boat if they have a boating license?

I'll get to instructors in a minute...

With all due respect, it may sounds like it makes sense at first, but allow me to try to explain why it doesn't make sense to me:

Remember, you don't "license" a boat, you "register" it. Sounds like semantics, but there is a legal difference. In your scenario, having a licensed, or educated (I favor education over licensing), boat owner only means that that one person is "licensed" to operate the boat.

That does nothing to ensure that any other operator knows what they are doing. Spouse, child, nephew, the drunk uncle nobody likes, etc. None of them would have to know what they are doing to operate the boat?

That would be like only requiring the head of the household to be the licensed driver for the family car. The rest of the family and friends can drive without a license as long as the guy who went to the courthouse to register it had a drivers license?

Requiring proof of boating safety education at time of registering your motorboat sounds like a good idea at first, but it does very little to ensure that they people that are actually operating the boats are educated/safer.

We can always use more volunteers, but I don't see that as a major hurdle. The use of online study guides (NOT online testing) would greatly help, and the increased demand an expanded age group would offer should motivate IT to get such materials online, and quite frankly, help pay for it.

I would be one of the first to agree that yes, we are greatly understaffed--three boat cops to cover the entire state of Nebraska. But, the benefits of increasing boating education are well worth the increased workload, and will, in the long run, decrease our workload in terms of accident reporting, fewer violations to deal with, etc.

Thanks for the discussion! I thought I was the only one who cared about such issues!

-Still on my own time on sick leave (yes, really, not a fun week at our home).

[Mako]

Actually, my thought was if you needed a license to register the boat, then it would ensure that AT LEAST the "head of the household" was licensed. Anybody else driving the boat *should* be licensed too. Without it, you wouldn't ensure that anybody in the owner's household had a license.

[Scott Eveland]

Originally Posted by Mako

Actually, my thought was if you needed a license to register the boat, then it would ensure that AT LEAST the "head of the household" was licensed. Anybody else driving the boat *should* be licensed too. Without it, you wouldn't ensure that anybody in the owner's household had a license.

True, but that would still only impact a very small population, even fewer than our current law.

It would just seem to make more sense to me to just require it of the operator, not the owner of the boat. That would have more impact and not be much more difficult to implement.

[Harold]

Originally Posted by Scott Eveland

I'm surprised this didn't draw much attention...

What are some of you guys/gals thoughts on either expanding boat education requirement or creating boat operator licensing? (Incidentally, I think NJ is the ONLY state that requires a license so far.)

Scott

Let the beatings begin...

Ask, and ye shall get!

I'm all for it, as long as it doesn't affect ME!

Those of us over 50 and boat owners for 20+ years will have a "temper tantrum" at best!

As a "responsible" boater, I DID plan on attending a Boating Safety course that was to be in Holdrege. It was either cancelled or postponed (justifiably so) but the opportunity (convenience) since then has not been "available" to me. Either I missed the "news report" or they haven't been available in "my area"!

Which brings up another idea. Scott, if you can send me News Releases from the BOATING side of the NGPC, I will include it in the Bumpus' "Bites"!

Harold F.

[xtreme76]

It would be nice if they could create an incentive for voluntarily taking the classes. I.E. take the class get a discount on something else, kind of like insurance. That would increase participation without having to make a mandatory law. I do realize the obvious issue with that is funding. Just thinking out loud.

[Scott Eveland]

Harold, the boating safety class announcements are included with the regular blasts that come out from the I&E office. Obviously there are very few classes this time of year, so you may not see any for a while, but you should start seeing them after the first of the year. The downside is a class may be scheduled a few months out, and the press release comes out as the class is posted to the website, so they are often very early.

You CAN get an insurance discount for taking the boating safety class through nearly all major insurance carriers! Saving lives AND money through education, what a deal! I mention the insurance discounts every time I post classes here, and it is mentioned in the press releases we generate (but usually edited out).

...yet we rarely see adults in the classes. I would guess one out of 50 of my students are adults. If parents would even just take the class with their kid, that would be a huge start.

Holdrege isn't my area, but I know that the untimely passing of the volunteer instructor there early last summer left a huge void right in that area. There are 4-5 in Kearney, and I certified another one from there this summer, but when she scheduled her first class in August, nobody signed up. Talk about a buzzkill for a new instructor.

On a related note, we are finding the "Homestudy with proctored exam" option classes to be quite popular and I know I'll be working to schedule more of those next year.

Thanks for the feedback and discussion!

Oh, and Harold, one thing I love is when I do get adults who have boated all their life come up after class and say "you know, I learned a lot." I might even be able to teach YOU something! Road trip to Ogallala to take one of MY classes next spring? Then you can take me fishing and teach me a thing or two...

[tstevens]

Rather see more enforcement. Even if just on the major lakes.

[kabob48]

Chapter 4: The Legal Requirements of Boating
Who May Operate a Vessel

• All motorboat and PWC operators must have a valid vehicle driver’s license to operate on any of Indiana’s public waters.
• Motorboat operators who are 15 years of age may operate a motorboat or PWC until they become a licensed driver only if they complete a boater education course approved by the Department of Natural Resources and have on board an ID card issued by the Indiana Bureau of Motor Vehicles (BMV). A person who has never been licensed by the BMV must complete an approved boater education course successfully and have on board an ID issued by the Indiana BMV to operate a motorboat legally.
• No one under 15 years of age may legally operate a motorboat greater than 10 horsepower or a PWC.
• If you recklessly operate your motorboat while intoxicated or break the PWC laws, you could have points assessed against your vehicle driver’s license.
• On Indiana boundary waters, Indiana residents are required to have a driver’s license. Non-residents are not required to have a license unless operating in an embayment, river, or stream in Indiana

[kabob48]

Answers the non-resident also

ALABAMA BOAT OPERATORS
CERTIFICATE / LICENSE INFORMATION


NO ONE UNDER THE AGE OF 12 YEARS MAY OPERATE ANY MOTORIZED VESSEL(INCLUDES PERSONAL WATERCRAFT, SUCH AS A SEA DOO, WAVERUNNER ETC.) ON ALABAMA'S WATERWAYS.
CERTIFICATION / LICENSE REQUIREMENTS FOR ALABAMA RESIDENTS:
** Must be 12 years old or older to be eligible for a vessel operator's license, but cannot operate alone until the age of 14.
** Operators 12 or 13 years old, after obtaining the vessel operator's license, can only operate if there is someone 21 years old or older on board, who also has a vessel operator's license in possession, and is seated in a position to take immediate control of the vessel if necessary.
** Operators 14 years old or older, after obtaining the vessel operator's license, may legally operate without supervision.
**NOTE: The operator certification/license must be in possession at time of operation.
CERTIFICATION / LICENSE REQUIREMENTS FOR NON-RESIDENTS:
** Non-residents 12 years old and older, may operate on Alabama waters up to 45 days per calendar year without having to obtain a vessel operator's license. If operating a vessel for more than 45 days per calendar year, the non-resident must get an Alabama Non-Resident Vessel Operator's License. Non-residents who have obtained a vessel certification or license from their home state, may use that in lieu of the Alabama Non-Resident Vessel Operator's License.
HOWEVER: Non-resident vessel operators 12 or 13 years old, can only operate if there is someone 21 years old or older on board, who either has a valid vessel operator's license in possession or falls under the 45 day exemption period because of non-residency staus, and who is seated in a position to take immediate control of the vessel if necessary.
** Non-residents 14 years old or older, may legally operate without supervision.
How to Obtain Boat Operators Certification/License:

1. Applicant must go to Department of Public Safety Driver’s License Examining Office in county of residence.
2. Make application and pay appropriate fee ($5.00).
3. Answer medical questions.
4. Successfully complete written/oral exam, or show proof of exemption (boating course certificate of completion or age exemption) .
5. Take proper form to Probate or License Commissioners office to have the “V” class placed on driver’s license
Proof of Age: All minors must furnish a certified copy of their birth certificate, their original social security card, and a certified statement from the superintendent of the school which the person attends containing name, date of birth and address.

Cost of Certification: A one time application fee of $5.00 (five dollars) cash will be charged. There will be a $23.00 (twenty-three dollars) issuance fee for the license.

.
How To Obtain a Duplicate Boat Operator's Certificate:
Cost per dulplicate is $5.00 payable by cash, certified check or money order.
Send written request to: Alabama Marine Police 64 North Union Street Room 438 Montgomery, Al 36130. Please include name, social security number or birthdate, date of class (if known; approximate year of class if date not known), location of class, and mailing address.
You may contact Lisa Miles with Alabama Marine Police at lisa.miles@dcnr.alabama.gov , (334) 242-3683 or 1-800-272-7930 or Chalandra Tolliver at chalandra.tolliver@dcnr.alabama.gov, (334) 353-7545 or 1-800-272-7390 with questions on certificates or to verify information on certification database.
Exemptions From Examination Requirements:
1. Holder of a valid United States Coast Guard Motorboat Operator's License.
2. Person submitting a valid certificate of successful completion of:
A) United States Power Squadron Boating CoursePower Squadron
B) United States Coast Guard Auxiliary Boating Course
C) Any state of Alabama Marine Police Division approved boating course:
1) Alabama Boating Basics course 2) state approved on-line boating course

Boat-Ed.com

BoaterExam.com

D) Any boat operator who was born prior to April 28, 1954.
NOTE: Boating course certificates or motor boat operator’s license must be presented to the license examiner at the time of making application.

Click here for information on personal watercraft.


Additional information can be obtained by e-mailing erica.shipman@dcnr.alabama.gov or contacting the Alabama Marine Police Division, Operator Certification Section, 64 North Union Street, Montgomery, AL 36130 (334) 242-3673. Course information can be obtained by calling 1-800-272-7930.


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[Scott Eveland]

I guess a few more states have added licensing since I checked last:

Boat licensing table:

NASBLA - The National Association of State Boating Law Administrators

Boater education table:

NASBLA - The National Association of State Boating Law Administrators

One thing that is interesting is how "all over the board" boater education and minimum age laws are across the country. I have mixed feelings about a nationwide standard like there is for opearating a motor vehicle. Overall, it would probably be a good thing. At least less confusion if you travel from state to state.

[tstevens]

Who's going to check these people if they have their certification.

[Scott Eveland]

Originally Posted by tstevens

Who's going to check these people if they have their certification.

The same three people who are currently doing it! (And the 40-some COs who cram in boat checks with their other fish/game/parks enforcement duties...)

Maybe if the legislature upped the ed requirement, they'd kick loose some funding, spending authority, and FTEs to expand the boating safety program and put more officers on the water... My job was created when the education requirement went up last time. The other BSO position was created the time before that when boat ed was enhanced. Before that, it was just the BLA and no BSOs at all.