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It's the Law: Delaware Boating Regulations

Section 5. Visual Distress Signals.

(a) Applicability. This section applies to all vessels operated on the coastal waters of this State and those waters connected directly to them (i.e., bays, sounds, harbors, rivers, inlets, etc.) where any entrance exceeds 2 nautical miles between opposite shorelines to the first point where the largest distance between shorelines narrows to 2 miles.

(b) Prohibition. Unless exempted by subsection (c) of this section, no person may use a vessel to which this section applies unless visual distress signals, approved by the Commandant of the Coast Guard under 46 CFR Part 160 or certified by the manufacturer under 46 CFR Parts 160 and 161, in the number required, are on board. Devices suitable for day use and devices suitable for night use, or devices suitable for both day and night use, shall be carried.

(c) Exemptions. The following vessels shall be exempt from the carriage requirements of subsection (b) of this section between sunrise and sunset, but between sunset and sunrise, visual distress signals suitable for night use, in the number required, shall be on board:

  1. Vessels less than 16 feet in length;
  2. Vessels participating in organized events such as races, regattas, or marine parades;
  3. Open sailboats less than 26 feet in length not equipped with propulsion machinery; and
  4. Manually propelled vessels.

(d) Launchers. When a visual distress signal carried to meet the requirements of this section requires a launcher to activate, then a launcher approved by the Coast Guard under 46 CFR § 160.028 shall also be carried. Launchers manufactured before January 1, 1981, which do not have approval numbers are acceptable for use with meteor or parachute signals as long as they remain in serviceable condition.

(e) Visual distress signals accepted. Any of the following signals when carried in the number required, can be used to meet the requirements of this section:

  1. An electric distress light meeting the standards of 46 CFR § 161.013. One is required to meet the night only requirement;
  2. An orange flag meeting the standards of 46 CFR § 160.072. One is required to meet the day only requirement;
  3. Pyrotechnics meeting the standards noted in the following table:
Approval Number Under 46 CFR
Device Description
Meets Requirements For
Number Required

§ 160.021

Hand-Held Red Flares (1)

Day and Night

3

§ 160.022

Floating Orange Smoke

Day Only

3

§ 160.024

Parachute Red Flare (2)

Day and Night

3

§ 160.036

Hand-Held Rocket-Propelled Parachute
Red Flare

Day and Night

3

§ 160.037

Hand-Held Orange Smoke

Day Only

3

§ 160.057

Floating Orange Smoke

Day Only

3

§ 160.066

Red Aerial Pyrotechnic
Flare (3)

Day and Night

3

  1. Must have manufacture date of October 1980 or later.
  2. These signals require use in combination with a suitable launching device.
  3. These devices may be either meteor or parachute assisted type. Some may require use in combination with a suitable launching device.

(f) Any combination of signal devices selected from the types noted in paragraphs (e)(1), (2) and (3) of this section, when carried in the number required, may be used to meet both day and night requirements. (The following illustrates the variety and combination of devices which can be carried to meet both day and night requirements: three hand-held red flares; one hand-held red flare and two parachute flares; or three hand-held orange smoke signals with one electric distress light.)

(g) Stowage, serviceability, approval and marking. No person may use a vessel unless the visual distress signals required by this section are:

  1. Readily accessible;
  2. In serviceable condition and the service life of the signal, if indicated by a date marked on the signal, has not expired;
  3. Legibly marked with the approval number or certification statement as specified in 46 CFR Parts 160 and 161; and

In sufficient quantity as required by the Coast Guard.

(h) Prohibited use. No person in a vessel shall display a visual distress signal on waters to which this section applies under any circumstance except a situation where assistance is needed because of immediate or potential danger to the persons on board.

Pyrotechnic Visual Distress Signals

Orange smoke signal
Orange Smoke
Day Signal
Red meteor
Red Meteor
Day and Night Signal
Red flare
Red Flare
Day and Night Signal

Non-Pyrotechnic Visual Distress Signals

Electric light: Night signal
Electric Light
Night Signal
Orange flag: Day signal
Orange Flag
Day Signal

Arm signal
Arm Signal
Although this signal does not meet VDS equipment requirements, wave your arms to summon help if you do not have other distress signals on board.
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Delaware Division
of Fish & Wildlife
Overview
Boating Basics
It's the Law!
Required Equipment
It's the Law! (cont.)
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