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

Washington law designates the following dangerous operating practices as illegal.

Negligent Operation is operating a vessel in disregard of careful and prudent operation, or in disregard of careful and prudent rates of speed in a manner that unduly or unreasonably endangers the life, limb, property, or other rights of any person. This includes:

• Not paying attention to the operation of the vessel
• Failing to keep a proper lookout
• Failing to follow the navigation rules
• Causing danger from the effects of the vessel’s wake– Waves that a vessel leaves behind as it moves through the water
• Allowing passengers to ride on the bow– Front of a vessel, gunwales– Upper edge of vessel's side (generally pronounced gunnel), or transom– Vertical surface at the back of the hull of a vessel not equipped with adequate railings to prevent falls overboard– Over the side or out of the vessel

Reckless Operation is operating carelessly in a willful and wanton disregard of the rights, safety, or property of another person. It includes:

• Weaving in and out of other vessels, docks, or buoys
• Playing “chicken” with another vessel
• Operating in a marked “No Boats” area such as a swimming or dam spillway area

Remember—Speed limits and zoned or restricted areas are determined by local ordinance in Washington. Talk to the marine patrol of your local sheriff’s office or police department before going boating.

Teak Surfing (or Platform Dragging) is holding onto any portion of the exterior of the transom of a vessel (including the swim platform, swim deck, swim step, or swim ladder) for any amount of time while a power-driven vessel is underway or the engine is idling. Bodysurfing is swimming or floating on or in the wake directly behind a power-driven vessel that is underway or idling.

• The Jenda Jones and Denise Colbert Safe Boating Act prohibits the operation of a motorboat while an individual is teak surfing, platform dragging, or bodysurfing.
• The law does not apply to persons who are briefly on a swim platform, swim deck, swim step, or swim ladder while exiting or entering a vessel.
• This law has been passed to aid in the prevention of carbon monoxide poisoning (read more in Chapter 5).
• All new and used power-driven vessels that are sold within Washington (other than personal watercraft) must display an approved carbon monoxide warning sticker on the interior of the vessel.

Washington state law requires the owner or dealer to apply this sticker on the interior of the vessel where it will be visible to passengers.

Overloading or Overpowering a Vessel is putting too much equipment on a vessel or equipping it with an engine that is too large and powerful, either of which can cause the vessel to capsize– To turn on the side or turn completely over or swamp– To fill with water and put people into cold water.

• If it appears to an enforcement officer that the vessel is clearly overloaded or overpowered beyond safe operation and is in a hazardous condition, the officer may direct the operator to return to shore and correct the condition before continuing the voyage.
• Remember that it is unsafe and a violation to:
  • Load your vessel with passengers or cargo beyond its safe carrying ability or to carry passengers in an unsafe manner, taking into consideration the weather and other existing conditions at the time of operation, such as traffic or tides. Use your capacity plate to guide you.
  • Operate a vessel equipped with a motor that is overpowered beyond the vessel’s ability to be operated safely. Safe operation includes factors such as the type and construction of the vessel, your boating activity, and other conditions like the weather.

Assault by Watercraft is operating a vessel in a reckless manner or while under the influence of alcohol or drugs and injuring another person with serious disfigurement or the loss of a body part or organ.

Homicide by Watercraft is operating a vessel in a reckless manner or while under the influence of alcohol or drugs and causing the death of another person. It also is considered “homicide by watercraft” if a person dies within three years as a result of injury caused by a boating accident.

Remember—Personal watercraft operators must obey all boating laws and also must obey additional laws that apply only to PWCs.

Vessel Safety Inspection

One of the most important duties performed by your local Marine Law Enforcement Officers is to check that the required safety equipment is on board your vessel and in good condition. Vessels that have all the required equipment will receive a current Marine Safety Inspection decal. Having this decal:

• Lets others know your vessel is equipped safely.
• Gives you the security of knowing your vessel is safe.
• Does not excuse operating violations.