River recreation and boating law
Published 11:28 am Monday, July 24, 2017
Dear Lawyer Mark:
We went out on the river last weekend with some friends of ours. Although they like to boat all of the time, I have never really been, and what I saw surprised me. While we were out there, a group of kids went by on jet skis. They were acting crazy on them, weaving in and out and coming close to our boat as they jumped over our wake. One of them didn’t even have a life jacket on. My question is, since we have to have a driver’s license to drive a car, how come there isn’t a law saying you need one to drive a boat?
— New Boater
Dear Boater: Actually, there are a lot of laws dealing with operating a boat on the Ohio River: In addition to federal law, both Ohio and Kentucky laws apply, and both states can enforce them and safety regulations. And, similar to a driver’s license, boaters under the age of 35 must obtain a certificate to operate certain powered watercraft.
Under Ohio revised code section 1547.06, children under the age of 12 are not permitted to operate jet skis, or what the statutes call a personal watercraft (PWC).
Children ages 12-15 are permitted to operate a PWC, but only if a supervising adult 18 or older is also on board. Persons aged 16 or older may operate a PWC by themselves.
In all cases, if the operator is alone, or if there is a supervising adult, that person must have either successfully completed a boater education course approved by the National Association of State Boating Law Administrators, or passed a proficiency exam by the Ohio Division of Watercraft if that person was born on or after January 1, 1982, and produce the verifying certificate upon demand of law enforcement, or within 72 hours thereafter.
Additionally, ORC section 1547.41 requires everyone on board a PWC to wear a personal flotation device, and if the PWC has an engine cutoff switch, the operator must attach it to themselves or their life jacket.
Finally, ORC section 1547.07 prohibits operators from acting recklessly or in an unsafe manner. Included in the definition of unsafe operation is “becoming airborne while crossing the wake of another vessel within 100 feet or unsafe distance” as well as “weaving through congested traffic.”
So long as there is no collision ,damage, or injuries, a violation of any of the above sections is a fourth degree misdemeanor, punishable by a maximum of 30 days in the county jail and $250.00 fine. Children under 18 would instead face penalties in the juvenile court.
Thought for the Week: “Fortune brings in some boats that are not steered.” William Shakespeare
It’s The Law is written by attorney Mark K. McCown in response to legal questions received by him. If you have a question, please forward it to Mark K. McCown, 311 Park Avenue, Ironton, Ohio 45638, or e-mail it to him at LawyerMark@yahoo.com. The right to condense and/or edit all questions is reserved.