Licensing Recreational Boaters?

[jcollins]

Tuesday, December 19, 2006
Coast Guard broaches state boat licenses
By Philip Ewing, Special to Stateline.org



State governments would issue licenses to America’s 77 million recreational boaters if the nation’s top maritime law enforcer gets his way.

U.S. Coast Guard Commandant Thad Allen said the potential for a terrorist attack launched from small boats means that states and the Coast Guard must cooperate better to watch who is on America’s waterways. Though he doesn’t yet have details or formal recommendations for how a national permit system would work, he said he’d like to see boating licenses be similar to motor vehicle driver’s licenses.

Forty-four states now require some kind of mandatory education before boaters can get on the water, but just one – Alabama – oversees boaters with the same rigor it applies to motorists, according to the National Association of State Boating Law Administrators (NASBLA) of Lexington, Ky.

Allen told a meeting of the National Conference of State Legislatures on Dec. 6 he expects resistance to his idea from state lawmakers who don’t want to deal with the cost and details of licensing, and from the multi-billion-dollar boat-building and tourism industries, which don’t want to risk a drop in revenues. (Click here to listen to an excerpt of Allen’s remarks.)

Still, Allen said the debate on licensing has to start somewhere. "I’m trying to stick my toe in the water and see if I get bit by a piranha," he joked.

It hasn’t yet come to that, but the nation’s largest boating advocacy group is wary of the permitting idea.

"Mandatory education is one thing. We’re not opposed to having people take a course. But we wouldn’t want to see it turn into a license that could be restricted or taken away," said Chris Edmonston, director of boating safety for the Boat Owners Association of The United States, commonly known as Boat U.S, based in Alexandria, Va. The driver’s license analogy was not a good start, he said.

"Driving a car is considered a privilege conferred by the state, but boating is considered a right. It gets back to that 'life, liberty and the pursuit of happiness' sort of thing," Edmonston said.

Because there are no formal details and Allen just "wants to create a dialogue," neither the Coast Guard nor boating groups would guess how much it could cost for every state to issue more stringent boat permits. What is certain is Allen’s purpose in calling for licenses: America’s under-supervised waterways are vulnerable to attacks, he said.


The United States already has endured terrorism using small civilian craft, albeit overseas: In 2000, suicide bombers in the port of Aden, Yemen, used an inflatable boat to blow themselves up next to the U.S. Navy destroyer USS Cole, killing 17 sailors and wounding 39 others.


Terrorism experts point to other ways small boats potentially could assist in attacks – for example, a speedboat could deposit saboteurs at the outlet pipes of a nuclear power plant, or hijackers aboard a cruise ship. In a nightmare scenario, suicide bombers in a crowded harbor could use small watercraft to detonate a tanker carrying ultra-volatile liquefied natural gas, causing a powerful explosion that could kill thousands.


"As good as we get at surveillance, as good as we get at patrolling and creating deterrence out there, sooner or later we’re going to have to come to grips with the fact that we need to know to a greater certainty who are operating boats out there, what boats are out there," Allen said.


At present, state maritime rules and tracking vary widely, said Gail Kulp, educational director of NASBLA. These rules can vary even between states along the same coastline: Maryland, for example, has no age restrictions on who can pilot a recreational boat, but in Virginia, which shares the Chesapeake Bay, operators must be at least 14.


Penalties also vary widely, Kulp said. If people in Florida and Indiana are found to be operating boats under the influence of drugs or alcohol, their motor vehicle driver’s licenses can be suspended. But 39 states do not penalize driver’s licenses for violations on the water. Devising uniform rules and enabling better tracking of boaters will be a priority for the Coast Guard in the coming years, Allen said, along with an appropriate respect for civil rights.


"I can understand as we move towards trying to understand what’s going on out the water, to improve safety and security, there’s a point to which the rights of our citizens need to be prime." he said.


Contact Philip Ewing at pewing@stateline.org.

[johnmurray]

As you may know, Canada introduced a national system of recreational boating operator's lecencing a few years ago. Granting of a licence (which has no expiration date) is based upon achieving a 75% pass mark on a written test of 36 questions. There is no requirement for any sort of practical testing.
The introduction of the licencing requirement has been phased over a number of years starting with the youngest first.
There has been a good deal of controversy within the boating community as to whether this requirement will have any impact on its objective of reducing accidents but it is too early to tell. One thing for sure it has given rise to the proliferation of agencies that have been authorized to adminster the test; there will be at least a dozen of them at the Toronto Boat Show providing testing on the spot. If you pass you pay an administration fee of about $40. and you receive your operator's card a few weeks later. If you fail the test there is no charge, but the agency will try to enrol you in one of their boating courses.
In my opinion, I think the licencing requirement is of some use because it appears to have greatly increased awareness of the need for boating safety and also it has given the enforcement agencies a tool to use when dealing with irresponsible boaters. I think however that the biggest problem is lack of enforcement resources on our busiest waterways and the licencing requirement does nothing for that.

[Mariner]

I've slowly come around on the idea of mandatory education. I think I'm ok with it. But I am absolutely opposed to the idea of a license that can be revoked or would expire. Boating is a right. not a privelage, and should stay that way.

[jcollins]

I have to say I'm with Mariner on this. A motor vehicle license is not a right. But, I would also say owning a pleasure craft is. Mandatory education, with some type of certificate, is a good idea. But to put this under the guise of homeland security is ridiculous. If the fees raised would go directly to the coast guard and natural resouces police I may be for it. But, I doubt if the funds would make it to the agencies that really need it. Perhaps current laws and regulations that are already on the books could be enforced rather than create another bureaucracy.

[TonyAmalfitano]

It's the law in NJ. But, I've had a Boaters License for 20 some years. Being a Member of the United States Power Squadron (USPS) I have my "Safe Boater" Cert. which is now required in NJ to secure the license. I welcome the law, some of the AH's out there might just learn something.

Any USPS Members in this group?

[Veebyes2]

As a licensed tourboat skipper you would think that I would have both feet firmly planted in the 'pro license' camp. I don't.

While I think that people should be encouraged to take a safety course on basic boat handling, I don't think it should be mandatory.

I believe every boat should carry mandatory substantial liability insurance to cover damage caused to other boats & their occupants. Those opting not to obtain a skippers license should have to pay a hefty premium for the liability insurance, or, depending how you look at it, a big discount to the licensed skipper/owners. Sort of the carrot & stick approach.

[jleonard]

Any USPS Members in this group

I am a member and also took the usps course (20 hours?) many moons ago when I first got into boating.
Then when Ct required lisencing I showed my certificate, paid my $20 and got the lisence.
Which by the way I have never had to produce to anyone since the law took affect maybe 10 years ago.
Now the state required course is a short class (maybe 6 hours) ..a real no brainer. Does very little if anything from what I observe to improve the level of boating and safety around these parts.

[tomcat rio]

just another revenue source..
...
a secure southern border would make me feel safer than another licence in my wallet.