It's the Law: Delaware Boating Regulations

BR-2 Definitions

For purposes of BR-3 through BR-12, the following words and phrases shall have the meaning ascribed to them unless the context clearly indicates otherwise:

1. “All-round light” shall mean a light showing an unbroken light over an arc of the horizon of 360 degrees.
2. “Boat” shall mean any vessel manufactured or used primarily for noncommercial use; leased, rented, or chartered to another for the latter’s noncommercial use; or engaged in the carrying of 6 or fewer passengers for hire.
3. “Coast Guard–approved” shall mean that the equipment has been determined to be in compliance with Coast Guard specifications and regulations relating to the materials, construction, and performance.
4. “Commercial hybrid PFD” shall mean a hybrid PFD approved for use on commercial vessels identified on the PFD label.
5. “Division” shall mean the Division of Fish and Wildlife.
6. “Enforcement officer” shall mean a sworn member of a police force or other law-enforcement agency of this State or of any county or municipality who is responsible for the prevention and the detection of crime and the enforcement of the laws of this State or other governmental units within the State.
7. “Especially hazardous condition” shall mean a condition which endangers the life of a person on board a vessel.
8. “First aid” shall mean emergency care and treatment of an injured person before definitive medical and surgical management can be secured.
9. “Issuing authority” shall mean a state where a numbering system for vessels has been approved by the Coast Guard or the Coast Guard where a numbering system has not been approved.
10. “Masthead light” shall mean a white light placed over the fore and aft centerline of a vessel showing an unbroken light over an arc of the horizon of 225 degrees and so fixed as to show the light from right ahead to 22.5 degrees abaft the beam on either side of the vessel, except that on a vessel of less than 12 meters (39.4 ft.) in length the masthead light shall be placed as nearly as practicable to the fore and aft centerline of the vessel.
11. “Motorboat” shall mean any vessel 65 feet (19.8 m.) in length or less equipped with propulsion machinery, including steam.
12. “Motor vessel” shall mean any vessel more than 65 feet (19.8 m.) in length propelled by machinery other than steam.
13. “Navigable channel” shall mean a channel plotted on a National Oceanic and Atmospheric Administration nautical chart or a channel marked with buoys, lights, beacons, ranges, or other markers by the Coast Guard or with Coast Guard approval.
14. “Negligent” shall mean the omission to do something which a reasonable person, guided by those ordinary considerations which ordinarily regulate human affairs, would do, or the doing of something which a reasonable and prudent person would not do.
15. “Open boat” shall mean a motorboat or motor vessel with all engine and fuel tank compartments, and other spaces to which explosive or flammable gases and vapors from these compartments may flow, open to the atmosphere and so arranged as to prevent the entrapment of such gases and vapors within the vessel.
16. “Operate” shall mean to navigate or otherwise use.
17. “Operator” shall mean that person in control or in charge of the vessel while the vessel is in use.
18. “Owner” shall mean a person who claims lawful possession of a vessel by virtue of legal title or equitable interest therein which entitles him/her to such possession.
19. “Passenger for hire” shall mean a passenger for whom consideration is contributed as a condition of carriage on the vessel, whether directly or indirectly flowing to the owner, chartered, operator, agent, or any other person having an interest in the vessel.
20. “Personal flotation device” shall mean a device that is approved by the Commandant of the Coast Guard pursuant to 46 CFR Part 160.
21. “PFD” shall mean personal flotation device.
22. “Racing shell, rowing scull, racing canoe or racing kayak” shall mean a manually propelled vessel that is recognized by national or international racing associations for use in competitive racing and one in which all occupants row, scull, or paddle, with the exception of a coxswain, if one is provided, and is not designed to carry and does not carry any equipment not solely for competitive racing.
23. “Recreational vessel” shall mean any vessel manufactured or used primarily for noncommercial use or leased, rented, or chartered to another for the latter’s noncommercial use. It does not include a vessel engaged in the carrying of 6 or fewer passengers for hire.
24. “Restricted visibility” shall mean any condition in which visibility is restricted by fog, mist, falling snow, heavy rainstorms, or any other similar causes.
25. “Ship lifeboat” shall mean a lifeboat carried aboard a vessel and used exclusively for lifesaving purposes.
26. “Sidelights” shall mean a green light on the starboard side and a red light on the port side each showing an unbroken light over an arc of the horizon of 112.5 degrees and so fixed as to show the light from right ahead to 22.5 degrees abaft the beam on its respective side. On a vessel of less than 20 meters (65.6 ft.) in length, the sidelights may be combined in one lantern carried on the fore and aft centerline of the vessel, except that on a vessel of less than 12 meters (39.4 ft.) in length the sidelights when combined in one lantern shall be placed as nearly as practicable to the fore and aft centerline of the vessel.
27. “Slow-No-Wake” shall mean as slow as possible without losing steerage way and so as to make the least possible wake. (This almost always means speeds of less than 5 miles per hour.)
28. “Special flashing light” shall mean a yellow light flashing at regular intervals at a frequency of 50 to 70 flashes per minute, placed as far forward and as nearly as practicable on the fore and aft centerline of the tow and showing an unbroken light over an arc of the horizon of not less than 180 degrees nor more than 225 degrees and so fixed as to show the light from right ahead to abeam and no more than 22.5 degrees abaft the beam on either side of the vessel.
29. “State of principal use” shall mean a state on whose waters a vessel is used or to be used most during a calendar year. It shall mean this State if the vessel is to be used, docked, or stowed on the waters of this State for over 60 consecutive days.
30. “Sternlight” shall mean a white light placed as nearly as practicable at the stern showing an unbroken light over an arc of the horizon of 135 degrees and so fixed as to show the light 67.5 degrees from right aft on each side of the vessel.
31. “Towing light” shall mean a yellow light having the same characteristics as the stern light.
32. “Type I PFD” shall mean any Coast Guard–approved wearable device designed to turn most unconscious wearers in the water from a face down position to a vertical and slightly backward position. The Type I?PFD has the greatest required buoyancy: the adult size provides at least 22 pounds buoyancy, and the child size provides at least 11 pounds of buoyancy.
33. “Type II PFD” shall mean any Coast Guard–approved wearable device designed to turn some unconscious wearers in the water from a face down position to a vertical and slightly backward position. An adult size device provides at least 15.5 pounds buoyancy, the medium child size provides at least 11 pounds, and the infant and small child sizes provide at least 7 pounds buoyancy.
34. “Type III PFD” shall mean any Coast Guard–approved wearable device designed to maintain conscious wearers in a vertical and slightly backward position. While the Type III PFD has the same minimum buoyancy as the Type II?PFD, it has little or no turning ability.
35. “Type IV PFD” shall mean any Coast Guard–approved device designed to be thrown to a person in the water and grasped and held by such person until rescued. It is not designed to be worn. Type IV devices, which include buoyant cushions, ring buoys, and horsebuoys, are designed to have at least 16.5 pounds buoyancy.
36. “Type V PFD” shall mean any Coast Guard–approved wearable device designed for a specific and restricted use. The label on the PFD indicates the kinds of activities for which the PFD may be used and whether there are limitations on how it may be used.
37. “Type V hybrid PFD” shall mean any Coast Guard–approved wearable device designed to give additional buoyancy by inflating an air chamber. When inflated it turns the wearer similar to the action provided by a Type I, II or III PFD (the type of performance is indicated on the label). The exact specification and performance of the PFD will vary somewhat with each device.
38. “Use” shall mean to operate, navigate, or employ.
39. “Water skiing” shall include any activity whereby a person is towed behind or alongside a vessel.