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  Someone Says There Is a New Federal Law About Boating

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Author Topic:   Someone Says There Is a New Federal Law About Boating
burning_hXc_soul posted 03-24-2010 12:26 PM ET (US)   Profile for burning_hXc_soul   Send Email to burning_hXc_soul  
Some people that I work with told me that there is a new federal law stating that all boat operators must take a Boat Safety course. I went to USCG website but didn't find any links to it or about it. They told me that it was something new that just passed. I live in Georgia and even on the state boating website it doesn't say that you have to have a card stating that you took the online course. From the Georgia state website it says that if you are over the age of 18 you can operate a boat. The people at work showed me their card and it looks more like a voluntary thing that you would do to get a percentage off of your insurance, similar to what I had to do to ride a motorcycle in the Army. They told me it's 30 dollars and you only have to pay when you pass the online course. They also said that it was a 300 dollar fine if you don't have this card on you when your operating your boat. This is the first I have ever heard of it in Georgia. If anyone out there has heard of this or can point me to a website or preferably a specific law or regulation, that would be great. Maybe this is just a Georgia requirement? I'm hoping that they're just mistaken and I don't have to do it. Thanks.
southshore fisherman posted 03-24-2010 02:31 PM ET (US)     Profile for southshore fisherman  Send Email to southshore fisherman     
I cannot find anything like this in my searching. Perhaps you could get a form number from your friends' "license" and we could tell from that who really issued it.
southshore fisherman posted 03-24-2010 02:45 PM ET (US)     Profile for southshore fisherman  Send Email to southshore fisherman     
After further searching I found this course.

http://www.boatingbasicsonline.com/content/general/index. php?new_state=OH

Interesting that is says "this course is not approved by any federal or state agency" but they require you to pay a fee to take the final exam and get a cetificate.

For Ohio the fee is $15 and for Georgia it is $24.95.

Looks like you better watch your wallet with this one.

burning_hXc_soul posted 03-24-2010 02:54 PM ET (US)     Profile for burning_hXc_soul  Send Email to burning_hXc_soul     
According to GA state law that's posted on their DNR (Department of Natural Resources) website, if your under the age or 16 you need a boating course but if you are over the age of 16 all you need is a government issued ID. If you click on Georgia's DNR website it takes you to the same website that my friend got his off of. Which is this website. http://boat-ed.com/ It looks official and I clicked on their PA website and it said if you were born after 1 Jan 1982 you need a safety course card to operate a boat over 16 feet in length and over 25 HP. My friend said that he learned about the "new federal law" on the 24 hour fishing channel that he is subscribed to. I suspect this might be a scam hoping people do not read the fine print.
jimh posted 03-24-2010 07:33 PM ET (US)     Profile for jimh  Send Email to jimh     
Announcement of new federal laws usually is made in the Federal Register. Please give a citation to the issue of the Federal Register in which the new boating law was announced.

If there is no citation of an announcement in the Federal Register, then this whole topic is nonsense.

northerndragon posted 03-24-2010 08:24 PM ET (US)     Profile for northerndragon  Send Email to northerndragon     
Buddy, you need new friends!
David Pendleton posted 03-24-2010 08:35 PM ET (US)     Profile for David Pendleton  Send Email to David Pendleton     
Maybe he was talking about health insurance...
Jeff posted 03-24-2010 08:41 PM ET (US)     Profile for Jeff  Send Email to Jeff     
Ha! If you are freely posting here, consider yourself Jim's friend of sorts. He owns the site and runs the place.
hauptjm posted 03-24-2010 08:50 PM ET (US)     Profile for hauptjm    
After checking the LA Dept. of Wildlife and Fisheries website directly and not via the aforementioned site, I found the following verbiage under Boating Requirements:

quote:
BOATING SAFETY EDUCATION REQUIRED
No person born after January 1, 1984, shall operate a motorboat powered by a motor in excess of ten horsepower unless he has successfully completed a boating safety class approved by the National Association of State Boating Law Administrators (NASBLA). A person who has completed an approved boating safety class shall be in possession of evidence of such completion when operating such a boat.
This law is effective July 1, 2010

Apparently his friends are not uninformed. Cheeky responses without knowing the law doesn't help someone when you're pulled over. I don't know about the folks in most States, but in Louisiana the Wildlife and Fisheries officers are fully deputized and serious about their business.

hauptjm posted 03-24-2010 09:06 PM ET (US)     Profile for hauptjm    
I found this via Homeland Security. NATIONAL
ASSOCIATION OF STATE BOATING LAW ADMINISTRATORS (NASBLA), is an agency of HS. It seems the Feds are "encouraging" States to participate. I would guess that if all 50 States participate, an official decree wouldn't be necessary. http://nasbla.org/files/public/Educ/Approval/Standards/ 2009%20Amendments.pdf
hauptjm posted 03-24-2010 09:19 PM ET (US)     Profile for hauptjm    
I meant to include these links as well:

See opening statement
http://www.nasbla.org/files/public/Model%20Acts/ Mandatory%20Boating%20Safety%20Eduction%20-Phase%20In%20091007.pdf

http://nasbla.org/files/public/Educ/Approval/Standards/ Education%20Standards%20-%20Jan%202010.pdf

http://nasbla.org/files/public/Educ/Approval/Standards/2010%20checklist. pdf

skiff posted 03-24-2010 09:50 PM ET (US)     Profile for skiff  Send Email to skiff     
This is up to states on an individual basis, and has been discussed and lobbied for decades. I believe some states may already require it, and the trend is definitly heading this way. It's been fought back successfully in several areas, but a safe bet would be that this is a foregoine conclusion at some point.
burning_hXc_soul posted 03-25-2010 07:09 AM ET (US)     Profile for burning_hXc_soul  Send Email to burning_hXc_soul     
I couldn't find a citation in the federal register so at least I can tell my co-workers that they're wrong. I just didn't want to get some crazy fine for not having something that I'm supposed to have. Laws are always ever changing and its always up to you to know about them, not the government to let you know.
jimh posted 03-25-2010 07:23 AM ET (US)     Profile for jimh  Send Email to jimh     
From the "About Us" section of their website:

"The National Association of State Boating Law Administrators is a national nonprofit organization that works to develop public policy for recreational boating safety." I think the Red Cross is a national nonprofit organization, too. Neither make laws.

From the "NASBLA MODEL ACT FOR
MANDATORY BOATING SAFETY EDUCATION" (linked above)

"Section 8 (Effective Date): [BLANK]"

Also note the wording "model." This is not an act, it is a model for an act. I have a model of a Boston Whaler on my bookcase. It is not a Boston Whaler.

southshore fisherman posted 03-25-2010 08:07 AM ET (US)     Profile for southshore fisherman  Send Email to southshore fisherman     
Jeff, it appears that northendragon was refering to burning_hXc_soul needing new friends for the bogus information he received.

hauptjm posted 03-25-2010 10:11 AM ET (US)     Profile for hauptjm    
It's not a Federal law yet, but I would think it's only a matter of time. Much like a driver's license, the individual states issue them under that State's dictates. However, every State is required to license and regulate their drivers to assure nominal education in the ability to travel from state to state.

Come the ides of April this may change for boaters. Per the Federal Register:

DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
[Docket No. USCG–2010–0164]
National Boating Safety Advisory
Council
AGENCY: Coast Guard, DHS.
ACTION: Committee management; Notice
of meeting.

Some pertinent aspects of the meeting:

quote:
SUPPLEMENTARY INFORMATION: Notice of this meeting is given under the
Federal Advisory Committee Act, 5 U.S.C. App. (Pub. L. 92-463). NBSAC
was established by the Federal Boat Safety Act of 1971. That law
requires the Secretary of Homeland Security, and the Commandant of the
Coast Guard by delegation, to consult with NBSAC in prescribing Federal
regulations, and on other major matters regarding boating safety. See
46 U.S.C. 4302(c) and 13110(c).
NBSAC will meet for the purpose of discussing issues related to
recreational boating safety.

quote:
B. NBSAC Subcommittees

Prevention Through People Subcommittee: Discuss current regulatory
projects, grants, contracts, and new issues affecting the prevention of
boating accidents through outreach and education of boaters.
Boats and Associated Equipment Subcommittee: Discuss current
regulatory projects, grants, contracts, and new issues affecting boats
and associated equipment.
Recreational Boating Safety Strategic Planning Subcommittee:
Discuss current status of the strategic planning process and any new
issues or factors that could impact, or contribute to, the development
of the strategic plan for the recreational boating safety program.


http://www.regulations.gov/search/Regs/home. html#documentDetail?R=0900006480ac18f3

hauptjm posted 03-25-2010 10:18 AM ET (US)     Profile for hauptjm    
quote:
"The National Association of State Boating Law Administrators is a national nonprofit organization that works to develop public policy for recreational boating safety." I think the Red Cross is a national nonprofit organization, too. Neither make laws.

NBSAC was established by the Federal Boat Safety Act of 1971. That law requires the Secretary of Homeland Security, and the Commandant of the Coast Guard by delegation, to consult with NBSAC in prescribing Federal regulations, and on other major matters regarding boating safety. See 46 U.S.C. 4302(c) and 13110(c). That doesn't sound like the Red Cross to me!

jimh posted 03-25-2010 10:48 PM ET (US)     Profile for jimh  Send Email to jimh     
In 1971 there was no department of homeland security, so it is unlikely that the Federal Boating Safety Act of 1971 could have mentioned The Department of Homeland Security.
Jeff posted 03-25-2010 11:24 PM ET (US)     Profile for Jeff  Send Email to Jeff     
The Coast Guard fell under the direction of the Department of Treasury until February 25 2003 when it was placed under the Department of Homeland Security.
jimh posted 03-25-2010 11:33 PM ET (US)     Profile for jimh  Send Email to jimh     
Perhaps someone who is intensely motivated to research this further could find the Congressional Record covering the period of debate on the FBSA 1971 and see if there was any intent of Congress expressed in regard to federally mandated boating education. It has now been 39 years since Congress passed the FBSA 1971, and we still do not have any federal law on mandatory boating education or licensing for recreational boat operation. If there were a mandate for compulsory education and mandatory licensing expressed in the FBSA 1971, it sure has been slow in coming.

I put this whole topic in the same category as the often-heard reference to the banning of two-cycle engines by the EPA.

hauptjm posted 03-26-2010 03:04 PM ET (US)     Profile for hauptjm    
Wow!
contender posted 04-01-2010 07:03 PM ET (US)     Profile for contender  Send Email to contender     
Well, this new boating course (license) is not a lie, FACT... We just got back from camping in the center of the state of Fla. We were going camping on a large lake so I towed my sons (he is 13) 11' whaler to the lake so he could use it. Well, the 1st day on the water he was stopped by a sheriff's boat on the lake (I'm not going to give you the county or name of the agency for a reason) and the first thing he question my son was "were is your boating safety corse card".. He told the officer that he did not have one and that I (his father) was standing on shore. He followed my son to were I was. The office told me that in the state of Fla. any one born after 1988 needs this course. The officer was nice enought to just write a warning,(also did not have a whistle, my bad). Now here is the kicker.. I question the officer about the course and were I could have my son take it, He stated that the forms were at Wal-mart, Sports Authority, or any sporting goods store. I question him again about the course and he said, " Oh no there is no course, you just fill out the form (questions) and send it in, hell you can cheat and just fill it out for your son all's that they want is is another way to collect some money" This was stated by the officer and I have witnesses, Oh and on top of it when I went to Wal-mart then Sports Authority to ask for the form they had no idea what I was talking about. So, now I'm filling out two boating course cards(found on line: Boating Safety Course (All States)) for my son and daughter at a cost of $29.50 each....Another Tax scam by the State (Country each state now has one) to collect more monies.
jimh posted 04-01-2010 07:17 PM ET (US)     Profile for jimh  Send Email to jimh     
Sounds like a state law. Heck, maybe even a local law, a village law. No federal law. Case closed, until we finally get some real citation of a federal law.
Tom W Clark posted 04-01-2010 09:12 PM ET (US)     Profile for Tom W Clark  Send Email to Tom W Clark     
Folks,

There is no federal requirement for a boat's education card, license or permit.

Many states are implementing these sorts of requirements however, Florida and Washington State among them.

The bar is VERY low. Go ahead and get your "Boater's Education Card," it will take you about twenty minutes. Why not?

southshore fisherman posted 04-02-2010 07:26 AM ET (US)     Profile for southshore fisherman  Send Email to southshore fisherman     
Contender, when you choose a course to take, make sure it is NASBLA approved. You will still need to apply to the Florida fish and wildlife conservation commission to obtain the Florida I.D. card.

http://myfwc.com/SAFETY/Safety_Boat_Safety_FAQs.htm

JMARTIN posted 04-02-2010 10:37 AM ET (US)     Profile for JMARTIN  Send Email to JMARTIN     
Because Tom, the Washington card costs 10 bucks. I took a USCG small boat handling class to get a better rate on my insurance. This new card will not do anything for me, and I am not required to have one.

John

contender posted 04-03-2010 08:36 PM ET (US)     Profile for contender  Send Email to contender     
Thanks S.Shore Fish....
Russ 13 posted 04-04-2010 09:10 AM ET (US)     Profile for Russ 13  Send Email to Russ 13     
What a crock...if Florida wanted more revenue, it should require a fishing license for everyone....not just boaters that already pay for: Boat & related equipment, trailer,
regestration, plate, fuel......all taxed.
If you wanted to improve the caliber (seamanship) of vessel operators, a real license would be helpfull.
(except for the more government involvement part)....
So much for enjoying a nice day on the water with your family. I miss the old days, before Florida was so overpopulated with boneheads. I may have to move to NH....
Tom W Clark posted 04-04-2010 03:19 PM ET (US)     Profile for Tom W Clark  Send Email to Tom W Clark     
John -- If you took (and passed) a USCG small boat handling class, then you already have your card.

For those who need theirs, $10 and twenty minutes is a pretty easy to come into compliance with Washington State law. Not sure what the fuss is about.

contender posted 04-04-2010 05:36 PM ET (US)     Profile for contender  Send Email to contender     
Russ you are correct it is nothing but a crock... Tom the problem is you can get it on line without even touching a boat, and no supervision what so ever, just pay the cash($29.50 in Fla.) fill out a couple of questions, and get a card in the mail. And now you are certified, I can fill it out for my son per the sheriff (see above post) and he will be certified, Nothing more than a scam by the state to collect taxes/monies. Its totally useless other than making/taking money for the state. That's why I have a problem with it... Take care
JMARTIN posted 04-05-2010 12:19 PM ET (US)     Profile for JMARTIN  Send Email to JMARTIN     
I took and passed the course in 1979. I have a certificate. Maybe I should send it to the powers to be in Washington State and see if they accept it. I'm betting they will still want the 10 bucks for their card.

John

GreatBayNH posted 04-05-2010 01:19 PM ET (US)     Profile for GreatBayNH  Send Email to GreatBayNH     
quote:
I may have to move to NH....


http://www.nh.gov/safety/divisions/ss/boatinged/


-Seth

JMARTIN posted 04-05-2010 05:34 PM ET (US)     Profile for JMARTIN  Send Email to JMARTIN     
From the Washington State Boaters Education Card page:

"Note: If you already have taken an approved boating class, you only need to send in an application with supporting documents and check for $10 to get a Boater Education Card."

John

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