RECKLESS OPERATION
Never operate any vessel in a negligent manner.
The following actions constitute negligent manner
- Failure to reduce speed in areas where boating is concentrated, endangering life, limb, and/or property;
- Operating at excessive speed at times of restricted visibility;
- Operating at excessive speed when maneuvering room is restricted by narrow channels or when vision is obstructed by such things as jetties, land, or other vessels;
- Impeding the right-of-way of a stand-on or privileged vessel so as to endanger risk of collision;
- Towing a water skier in a restricted area or where an obstruction exists;
- Operating a vessel within swimming areas when bathers are present;
- Operating a vessel in areas posted as closed to vessels due to hazardous conditions;
- Operating a vessel through an area where a regatta or marine parade is in progress in a way that could present a hazard to participants or spectators and interfere with the safe conduct of the event;
- Operating a vessel with any person sitting on the bow, gunwales, or stern with legs hanging over the side, except a sailboat equipped with lifelines while engaged in a race for which a permit has been secured;
- Operating a vessel or use any water skis while under the influence of alcohol, any narcotic drug, barbiturate, marijuana, or hallucinogen;
- Loading a vessel with passengers or cargo beyond its safe carrying capacity;
- Operating a vessel with an engine of a higher horsepower rating than the rating noted on the vessel's capacity plate or in the manufacturer's specifications; and
Especially Hazardous Conditions and Termination of Unsafe Use of a Vessel are events deemed by an enforcement officer to create a situation where the person or vessel may be in danger. Enforcement officers shall, if a violation of this regulation is observed, and in their judgment such a deficiency creates an especially hazardous condition to the occupants of the vessel, direct the operator to take specific steps to correct the unsafe condition.
Especially hazardous conditions warranting termination of voyage shall include, but not be limited to:
- Insufficient number of Coast Guard approved PFDs;
- Insufficient fire-extinguishing equipment;
- Overloaded beyond manufacturer's recommended safe loading capacity;
- Failure to display required navigation lights;
- Fuel leakage from either the fuel system or engine;
- Fuel accumulation in the bilges;
- Failure to meet ventilation requirements for tank and engine spaces;
- Improper backfire flame control;
- Excessive leakage or accumulation of water in bilges;
- Deteriorated condition of vessel; or
- Any other condition deemed hazardous by an enforcement officer.
Compliance by operator - Immediate compliance by the operator is required for safety purposes. Failure to comply with the directives of an enforcement officer shall result in a citation as well as for the specific violation which created the unsafe condition. |