Chapter 4: The Legal Requirements of Boating
Unlawful Operation of a Vessel

Delaware law states that it is unlawful to operate a watercraft in a reckless, negligent, or dangerous manner. Specifically, the following is unlawful operation:

Improper Speed or Distance is not maintaining a proper speed or distance while operating a vessel. You must obey all other posted speed regulatory signs. It is illegal to:

• Operate at excessive speeds; that is, speeds that cause danger to others or their property, or do not allow the operator to bring the vessel to a stop safely within a clear distance ahead. You must reduce speed:
  • In areas where boating is concentrated
  • In areas where maneuvering room is restricted by narrow channels
  • During periods of restricted visibility
  • When your vision is obstructed by jetties, land or other vessels
• Operate a vessel at greater than slow – no wake speed speed if within 100 feet of:
  • Another vessel
  • Any shoreline where “Slow - No wake” signs have been placed by the DNREC
  • Floats, docks, boat launching ramps
  • Marked swimming areas and persons in the water
  • Anchored, moored or drifting vessels
• Fail to give-way to the stand-on vessel (see navigation rules)
• Cause damage or injury from the wake of your vessel. Reduce speed when near marinas, fishing areas, swimming areas and vessels at anchor

Reckless Operation is any operating practice which endangers the life, limb or property of any person. Examples of reckless and dangerous operation are:

• Weaving your vessel through congested waterway traffic or swerving at the last possible moment in order to avoid collision
• Jumping the wake of another vessel unnecessarily close to the other vessel or when visibility around the other vessel is restricted
• Operating a vessel within swimming areas
• Operating a vessel in areas posted as closed to vessels due to hazardous conditions
• Operating a vessel through an area where a regatta or marine parade is in progress in a way that causes danger to others or interferes with the safety of the event
• Chasing, harassing or disturbing wildlife with your vessel

Remember—As an owner of a vessel, you are responsible if you allow others to operate your vessel in an illegal manner. Read about requirements specific to personal watercraft (PWCs).

Riding on Bow, Gunwales or Transom is allowing passengers to ride on a vessel in places where there may be a chance of falling overboard. This includes passengers riding on the bow, gunwales, or stern with their legs hanging over the side of the boat. This restriction does not include sailboats equipped with lifelines while engaged in a race for which a permit has been secured.

Overloading or Overpowering is loading or powering the vessel beyond the recommended capacity or horsepower shown on the capacity plate installed by the vessel manufacturer.

Especially Hazardous Conditions is operating a vessel in a condition that causes a hazard to the occupants or others on the waterways. Officers may instruct the operator to return to the nearest mooring if:

• There are insufficient personal flotation devices, fire extinguishers, backfire flame arrestors, ventilation ducts or navigation lights.
• The vessel is overloaded or overpowered.
• The vessel is leaking fuel or accumulating fuel or water in the bilges.
• Any other condition deemed hazardous by the officer.