It’s a warm, sunny afternoon. The dolphins are at play and the breeze is perfectly refreshing as you cruise along the Gulf beaches. Ahhh, life is good. But just beneath the surface of this hassle-free boating life provided by Freedom, there are tomes of U.S. Coast Guard law governing our waters and those of us that travel upon it. The primary reason for these laws- SAFETY. Here are three issues that we battle on a daily basis here at Freedom that most of our members aren’t aware of:
- Charter boat laws
News Release - Coast Guard halts illegal charter in Sarasota Bay
01/18/2020
SAINT PETERSBURG, Fla. - The Coast Guard terminated the voyage of a 24-foot uninspected passenger vessel Thursday in Sarasota Bay, Florida. The vessel was found with four passengers for hire aboard. During the course of the boarding, it was determined the vessel was operating a commercial passenger service. The vessel was not in compliance with multiple regulations governing uninspected passenger vessels, including the operator not being a Coast Guard credentialed mariner. The following violations were noted during the boarding:
Violation of 46 C.F.R. 15.605 for not having a credentialed mariner in control of an uninspected passenger vessel.
Violation of 46 C.F.R. 16.201 for failure to have a drug and alcohol program.
Owners and operators of illegal charter vessels can face maximum civil penalties of over $50,000 for illegal passenger-for-hire operations. Some potential fines for illegally operating a charter vessel are:
Up to $18,477 for failure of an inspected vessel to be under the control of an individual with the appropriate Coast Guard license.
Up to $7,250 for failure of operators to be enrolled in a chemical testing program.
Up to $4,685 for failure to provide a Coast Guard Certificate of Inspection for vessels carrying more than six passengers.
Up to $15,995 for failure to produce a valid Certificate of Documentation for vessels over 5 gross tons.
Up to $11,712 for failure to have been issued a valid Stability Letter prior to placing vessel in service with more than six passengers.
FYI:
Passenger for Hire: means a passenger for whom consideration is contributed as a condition of carriage on the vessel, whether directly or indirectly flowing to the owner, charterer, operator, agent, or any other person having an interest in the vessel.
Consideration: means an economic benefit, inducement, right, or profit, including pecuniary payment accruing to an individual, person, or entity but not including a voluntary sharing of the actual expenses of the voyage by monetary contribution or donation of food, fuel, beverage, or other supplies.
- Florida Boating Safety Card
To operate a vessel powered by a motor of 10 horsepower or greater, a person born on or after January 1, 1988, must have completed a boater education course approved by the National Association of State Boating Law Administrators (NASBLA) and Florida Fish and Wildlife Conservation Commission (FWC), or passed an approved equivalency exam.
Vessel operators who are required to have completed a boating education course or exam must carry on board:
- His or her Florida Boating Safety Education ID Card issued by the FWC and…
- A photographic identification card.
These persons are exempt from carrying a Florida Boating Safety Education ID Card on board:
- Operators who have their course completion certificate showing successful completion of an FWC– and NASBLA–approved boating safety course and a photographic identification card. The certificate must give the operator’s first and last names, date of birth, and the date they passed the course. The course completion certificate:
- Is valid for 90 days from the date the certificate was issued and…
- Is not a permanent replacement for the Florida Boating Safety Education ID Card.
- Persons licensed by the USCG as a master of a vessel.
- Operators who are accompanied on board by a person who is exempt from the education requirement or by a person who is at least 18 years old, possess the required identification card, and is attendant to the operation of the vessel and responsible for any violation that occurs.
- Persons operating a vessel within 90 days after purchase who have a bill of sale on board and available for inspection.
These operators are exempt from the boater education requirement:
- Persons licensed by the U.S. Coast Guard as a master of a vessel
- Operators who are accompanied on board by a person who is exempt from the education requirement or by a person who is at least 18 years old, possesses the required identification cards, and is attendant to the operation of the vessel and responsible for any violation that occurs
- Operating Under the Influence- Definition and Penalties
Florida law prohibits operating a vessel within the state while under the influence of drugs or alcohol. The law defines “vessel” as all “watercraft, barge, and airboat, other than a seaplane on the water, used or capable of being used as a means of transportation on water.” A person can be convicted of boating under the influence (BUI) for operating a vessel while:
- “affected to the extent that the person’s normal faculties are impaired” by drugs, alcohol, or a combination of the two, or
- having a blood or breath alcohol concentration (BAC) of .08% or greater.
So, a BUI can be based on actual drug or alcohol impairment or BAC.
BUI Penalties
The penalties for a Florida BUI depend on a number of factors, including whether the operator:
- has prior BUI or driving under the influence (DUI) convictions (BUIs and DUIs both count as priors)
- had an excessive BAC
- had a person under 18 years old in the vessel at the time of the offense, and
- caused or contributed to an accident involving property damage, injury, or death.
First-Offense BUI Penalties
Most first-offense BUIs are second-degree misdemeanors and carry from $500 to $1,000 in fines and a maximum of six months in jail. Judges are required to sentence first offenders to probation. The total period of probation and jail time can’t exceed one year. And generally, mandatory conditions of probation include 50 hours of community service and ten days of impoundment or immobilization of the offender’s vessel.
For first-offense BUIs that involve an accident, a high BAC, or a passenger under the age of 18, the penalties are:
- BAC of at least .15% or passenger under 18 years old: Second-degree misdemeanor; up to nine months in jail and between $1,000 and $2,000 in fines.
- Accident involving property damage or minor injuries to another: First-degree misdemeanor; up to one year in jail or $1,000 in fines.
- Accident involving serious injury to another: Third-degree felony; up to five years in prison or $5,000 in fines.
- Accident involving death of another: First or second-degree felony; up to 30 years in prison for a first-degree felony or 15 years in prison for a second-degree felony or $10,000 in fines.
Second-Offense BUI Penalties
Most second-offense BUIs are second-degree misdemeanors and carry from $1,000 to $2,000 in fines and a maximum of nine months in jail. If the second offense occurred within five years of a prior BUI or DUI conviction, there’s a minimum ten-day jail sentence. As a mandatory condition of probation, the judge generally must order that the offender’s vessel be impounded or immobilized for 30 days.
Second offenders who had a BAC of .15% or more or a passenger under the age of 18 generally face fines ranging from $2,000 to $4,000 and up to 12 months in jail.
Third-Offense BUI Penalties
Penalties for a third-offense BUI depend on whether the third conviction occurred within ten years of at least one of the prior BUI or DUI offenses.
If the third BUI was within 10 years of a prior, it will be a third-degree felony, which carries up to five years in prison and $5,000 in fines. And the offender will spend a minimum of 30 days in jail.
A third BUI occurring more than 10 years after the most recent prior conviction is a misdemeanor and punishable by up to 12 months in jail and between $2000 and $5,000 in fines.
Generally, all third offenders face vessel impoundment or immobilization for 90 days. And typically, if a third offender had a BAC of .15% or more or a passenger under 18 years old, the minimum fine will be $4,000.
So, now you know what’s being talked about behind the scenes between Freedom Boat Club and our friends at the FWC and USCG, who’s brave service members maintain constant vigilance to keep us all safe out there. Those of us who are lucky enough to work for Freedom are dedicated to assisting both our members and law enforcement in that endeavor. It’s a simple matter of keeping boating safe which, in turn, keeps it enjoyable.
