Tennessee:The Legal Requirements of Boating
Transcription
Tennessee:The Legal Requirements of Boating
1 Tennessee: The Legal Requirements of Boating Your Vessel’s Certificate of Number and Validation Decals ◆◆Requirements for vessel registration vary from state to state. In Tennessee, you must have a Tennessee Certificate of Number and validation decals to operate your vessel legally on public waters in Tennessee. The only exceptions are: • Vessels propelled only by paddles or oars • Vessels registered in other states using Tennessee waters for 60 days or less ◆◆An application for the Certificate of Number is obtained after paying sales tax to the dealer or county clerk’s office. The application then is mailed to the Tennessee Wildlife Resources Agency or dropped off at the Nashville TWRA sales office. ◆◆The Certificate of Number (pocket-sized registration card) must be on board and available for inspection by an enforcement officer whenever the vessel is operated. ◆◆The registration number and validation decals must be displayed as follows. • Number must be painted, applied as a decal, or otherwise affixed to both sides of the bow where no other number may be displayed. • Number must read from left to right on both sides of the bow. • Number must be in at least three-inch-high, plain, vertical BLOCK letters. • Number’s color must contrast with its background. • Letters must be separated from the numbers by a hyphen or a space: TN-3717-ZW or TN 3717 ZW. • Decals may be placed to the left or right of the registration number on both sides of the bow. ◆◆If your vessel requires registration, it is illegal to operate it or allow others to operate your vessel unless it is registered and numbered as described above. Certificate of Number The Certificate of Number (pocket-sized registration card) must be carried on board the vessel whenever the vessel is operated. ■ TN 3717 ZW Other Facts About Registering Your Vessel ◆◆The Certificate of Number is valid for one, two, or three years, at the option of the owner. ◆◆The owner of a numbered vessel must notify TWRA within 15 days if: • You change your address. • The vessel is lost, stolen and/or recovered, destroyed, abandoned, or sold. ◆◆Vessels registered in another state may operate on Tennessee waters for 60 consecutive days before Tennessee registration is required. ◆◆If you lose or destroy your Certificate of Number or validation decals, you must apply to the TWRA for a duplicate and submit a processing fee. ◆◆Larger recreational vessels owned by U.S. citizens may (at the option of the owner) be documented by the U.S. Coast Guard (USCG). Call the USCG at 1-800-799-8362 for more information. • Documented vessels must be registered in Tennessee and carry the Certificate of Number on board, but are not required to display the registration number. • The validation decals issued by the TWRA must be placed on both sides of the documented vessel on the windows closest to the main operator station. -- If the vessel does not have windows, the decals must be placed in the immediate vicinity of the operator and must be clearly visible to enforcement officers. -- Sailboats may place the decals on both sides of the bottom of the main mast. Copyright © 2013 by Boat Ed. All rights reserved. Boat Ed is not responsible or liable for any claims, liabilities, damages, or other adverse effects or consequences to any person or property caused or alleged to be caused directly or indirectly from the application or use of the information contained in this publication. Boat Ed, 14086 Proton Road, Dallas, TX, 75244 Spaces or hyphens should appear here. Validation Decal (May be placed to left or right of the registration number) ■ 18 ZW TN 38 PWCs also are required to display the certificate’s number and validation decals. 2 ■ State Law Hull Identification Number Hull Identification Number ABC 67689 B6 06 Manufacturer’s Identification Code (MIC) Hull Serial Number Date of Model Manufacture Year ◆◆The Hull Identification Number (HIN) is a unique 12-digit number assigned by the manufacturer to vessels built after 1972. ◆◆Hull Identification Numbers: • Distinguish one vessel from another—the same as serial numbers distinguish one car from another. • Are engraved in the fiberglass or on a metal plate permanently attached to the transom. ◆◆You should write down your HIN and put it in a place separate from your vessel in case warranty problems arise or your vessel is stolen. Who May Operate a Vessel 03/15/2005 999-999-999 01/19/1990 Jane H. Doe 1331 Boater Lane Boatsville, TN 33311 F Caucasian BR BR TWRA Boating Safety Education Certificate Those born after January 1, 1989, must have on board the Boating Safety Education Certificate issued by TWRA (shown above) whenever the vessel is in operation. This is the only certificate that will be recognized as meeting the requirements of the law for those born after January 1, 1989. The certificate will not expire but may be revoked in a court of law. ◆◆Those born after January 1, 1989 • Tennessee residents must successfully complete the TWRA Boating Safety Exam and carry on board the Boating Safety Education Certificate issued by the Tennessee Wildlife Resources Agency (TWRA) when operating a vessel on Tennessee waters. Only the TWRA–issued certificate will be accepted as meeting the requirements of Tennessee law. This does not apply to non-residents or persons who rent a vessel. • Non-residents within this age category must show proof of successful completion of a NASBLA (National Association of State Boating Law Administrators) approved boating safety course. • Operators of vessels powered by engines of 8.5 horsepower or less and operators of sailboats under sail alone are not required to possess the Boating Safety Education Certificate. ◆◆To operate a motorized vessel of more than 8.5 horsepower • Those less than 12 years old must have a supervisor on board who is at least 18 years old and able to take immediate control of the vessel. The supervisor, if born after January 1, 1989, also must have a Boating Safety Education Certificate issued by TWRA. • Those 12 years old or older operating alone must have a Boating Safety Education Certificate issued by TWRA. ◆◆Those less than 16 years of age may not rent a personal watercraft (PWC). Copyright © 2013 by Boat Ed. All rights reserved. Boat Ed is not responsible or liable for any claims, liabilities, damages, or other adverse effects or consequences to any person or property caused or alleged to be caused directly or indirectly from the application or use of the information contained in this publication. Boat Ed, 14086 Proton Road, Dallas, TX, 75244 State Law ■ Unlawful Operation of a Vessel 3 Remember … Tennessee law states that it is unlawful to operate a watercraft in a reckless, As an owner of a vessel, you are responsible negligent, or dangerous manner. Violations are punishable by a fine of up to $2,500 for any injury or damage caused by others you and up to six months in jail. Specifically, the following operating practices are illegal. allow to operate your vessel. ◆◆Reckless Operation of a vessel is any act that endangers the life, limb, or property of another person. Examples of illegal, reckless operation are: • Operating a vessel in a swimming area • Weaving your vessel through congested waterway traffic • Steering toward another object or person in the water and swerving at the last possible moment in order to avoid collision or spray others nearby • Jumping the wake of another vessel in a way that endangers another’s life, safety, or property • Chasing, harassing, or disturbing wildlife with your vessel ◆◆Improper Speed or Distance is not maintaining a proper speed and distance while operating a vessel. Specifically, it is illegal to: • Operate at an excessive rate of speed in crowded or dangerous areas or during “slow, no wake speed” or “idle speed” The slowest speed at which it is still possible to periods of restricted visibility. maintain steering; the vessel should not produce • Operate a vessel at greater than “slow, no wake speed” in any areas marked as a wake at this speed “No Wake.” • Operate within 300 feet of a commercial vessel dock at greater than “idle speed.” gunwale • Jump the wake of another vessel within 100 feet of that vessel. Upper edge of vessel’s side (generally ◆◆Riding on the Bow, Gunwales, or Transom is allowing passengers to ride on a pronounced “gunnel”) vessel in places where there may be a chance of falling overboard while underway at greater than idle speed. overboard ◆◆Unsafe Condition is operating a vessel in a condition that causes a hazard Over the side or out of the vessel to the occupants or others on the waterways. For any of these problems, an enforcement officer may instruct the operator to immediately take corrective action or return to the nearest mooring. • There are insufficient personal flotation devices, fire extinguishers, backfire flame arrestors, ventilation, or navigation lights. • The vessel is overloaded or overpowered. • Any other unsafe condition exists. Boating Near Dams—Beware! Fishing and boating immediately below any dam may be dangerous and should be avoided due to the many hazards that are present. Large volumes of water can be discharged within a matter of seconds through hydroelectric dams due to the demand for electricity or for flood control. Many upstream and downstream areas around dams are designated as restricted areas, and boaters should refrain from entering those areas. In specifically marked areas around dams, life jackets must be worn and should be buckled properly. Hydroelectric dams may sound a siren and/or strobe lights warning people in the area that the water conditions are about to change drastically, and boaters should leave the area. Cold water released through tributary dams also may be a hazard, even during the summer. Cold-water temperatures (below 77˚) can cause cold shock, and short-term swim failure or what is commonly called cold water immersion. ◆◆Take special precautions when fishing below a dam by boat. Water can boil up suddenly, trapping or capsizing unprepared boaters. Always wear and buckle a personal flotation device and leave the motor running, even if drift fishing. ◆◆Never anchor your boat in the area below a dam. Never anchor your boat from the stern. A sudden surge of water can pull a boat under and sink it before you have a chance to pull up the anchor and move to safety. ◆◆If a siren sounds or strobe lights flash, immediately move to a safer area. Copyright © 2013 by Boat Ed. All rights reserved. Boat Ed is not responsible or liable for any claims, liabilities, damages, or other adverse effects or consequences to any person or property caused or alleged to be caused directly or indirectly from the application or use of the information contained in this publication. Boat Ed, 14086 Proton Road, Dallas, TX, 75244 Stay up-to-date on new boating laws! Be sure to stay abreast of new boating laws and requirements. For state boating law information, contact the Tennessee Wildlife Resources Agency: •• 615-781-6682, Boating Safety For federal boating laws, visit the U.S. Coast Guard’s boating safety website: •• www.uscgboating.org Information in this manual does not replace what is specifically legal for boating in Tennessee, which is found in the Tennessee Boating Safety Act and federal laws. ■ State Law 4 Alcohol and Drugs The best thing you can do for your safety and the safety of your passengers and other boaters is simple ... Don’t Drink and Boat! Areas of Impairment Due to Blood Alcohol Concentration (BAC) Tennessee law prohibits anyone from boating under the influence (BUI)—that is, operating any vessel propelled by a motor or sail while under the influence of alcohol or any combination of alcohol, a controlled substance, or drugs. Alcohol and drugs cause impaired balance, blurred vision, poor coordination, impaired judgment, and slower reaction times. Alcohol is a major contributor to boating accidents and fatalities. Read more about the effects and risks of consuming alcohol in Chapter 5. ◆◆Tennessee law states that a person is presumed to be under the influence if the concentration of alcohol in his or her blood is 0.08% or greater. ◆◆Tennessee law establishes the following penalties. • Those convicted of boating under the influence are subject to a fine of up to $2,500 upon a first or second offense, and up to $5,000 for the third offense. • In addition, those convicted of BUI may receive a jail sentence of up to one year (with mandatory probation) and lose operating privileges for one to ten years. • Federal penalties also may be imposed. ◆◆By operating a vessel on Tennessee waters, you have consented to a sobriety test if requested by a law enforcement officer. Refusal to be tested is a separate offense and may result in loss of operating privileges for up to six months. Obstructing Navigation Vessel operators should always be considerate of other vessel operators even when stopping to anchor or moor. Keep in mind that it is illegal to: ◆◆Operate any vessel in such a way that it will interfere unnecessarily with the safe navigation of other vessels on the waterway. ◆◆Anchor a vessel in the traveled portion of a river or channel in a way that will prevent or interfere with any other vessel passing through the same area. ◆◆Moor or attach a vessel to a buoy (other than a mooring buoy), beacon, light, or any other navigational aid placed on public waters by proper authorities. ◆◆Move, displace, tamper with, damage, or destroy any navigational aid. ◆◆Obstruct a pier, wharf, boat ramp, or access to any facility. Because you can drink faster than your system can burn off the alcohol, there is an increasing level of alcohol in your blood. This level is referred to as Blood Alcohol Concentration (BAC). moor To keep a vessel in place by setting anchor or tying the vessel to a fixed object or buoy 100 Yards—Keep Out! 500 Yards—operate at minimum speed Avoid all security zones and restricted areas. Keep a sharp eye out for anything that looks peculiar or out of the ordinary. Homeland Security Restrictions Recreational boaters have a role in keeping our waterways safe and secure. ◆◆Violators of the restrictions below can expect a quick and severe response. • Do not approach within 100 yards and slow to minimum speed within 500 yards of any U.S. Naval vessel. If you need to pass within 100 yards of a U.S. Naval vessel for safe passage, you must contact the U.S. Naval vessel or the U.S. Coast Guard escort vessel on VHF-FM channel 16. • Observe and avoid all security zones. Avoid commercial port operation areas, especially those that involve military, cruise-line, or petroleum facilities. • Observe and avoid other restricted areas near dams, power plants, etc. • Do not stop or anchor beneath bridges or in the channel. ◆◆Keep a sharp eye out for anything that looks peculiar or out of the ordinary. • Report all activities that seem suspicious to the local authorities, the U.S. Coast Guard, or the port or marina security. • Call the National Response Center’s 24-hour hotline at 1-877-24WATCH. Copyright © 2013 by Boat Ed. All rights reserved. Boat Ed is not responsible or liable for any claims, liabilities, damages, or other adverse effects or consequences to any person or property caused or alleged to be caused directly or indirectly from the application or use of the information contained in this publication. Boat Ed, 14086 Proton Road, Dallas, TX, 75244 State Law ■ Personal Flotation Devices (Life Jackets) All vessels must be equipped with U.S. Coast Guard–approved life jackets, called personal flotation devices (PFDs). The quantity and type depend on the length of your vessel and the number of people on board and/or being towed. Each PFD must be in good condition, be the proper size for the intended wearer, and very importantly, be readily accessible! Readily accessible means you must be able to put the PFD on in a reasonable amount of time in an emergency (vessel sinking, on fire, etc.). PFDs should not be stowed in plastic bags or in locked or closed compartments, and they should not have other gear stowed on top of them. Vessel operators should ask everyone on their vessel to wear a PFD whenever on the water. PFDs can save lives, but only if they are worn! PFD Requirements • All vessels must have at least one wearable (Type I, II, III, or V) USCG–approved PFD (life jacket) for each person on board. • In addition to the requirement for life jackets, one Type IV (throwable) USCG–approved PFD must be on board and immediately available on vessels 16 feet or longer (except canoes and kayaks). • All PFDs must be in good and serviceable condition and must be readily accessible. The PFDs must be of the proper size for the intended wearer. Sizing for PFDs is based on body weight and chest size. • Children 12 years of age and younger must wear a USCG–approved life jacket at all times while on the open deck of a recreational vessel that is not anchored, moored, or aground. • A USCG–approved life jacket must be worn by each person on board vessels being operated within specifically marked areas below dams. • Each person on board a personal watercraft (PWC) must wear a USCG– approved Type I, II, or III PFD. • Inflatable PFDs are not approved for PWC use, whitewater activities, or persons younger than 16. They are not recommended for non-swimmers. Make sure you check the USCG approval label for restrictions. • A ski belt may not be counted as one of the required PFDs on board your vessel. A ski belt may be worn while skiing, but an approved PFD for the skier must be on board the vessel. 5 Boater’s Tip An emergency situation (rough water, rapid onset of bad weather, or dangerous boating traffic) can occur suddenly—leaving little or no time to put on life jackets. Life jackets are very difficult to put on once you are in the water. Be a smart boater, and have everyone on board your vessel wear their life jackets at all times. PFD Descriptions Types of Personal Flotation Devices TYPE I: Offshore Life Jackets These vests are geared for rough or remote waters where rescue may take awhile. They provide the most buoyancy, are excellent for flotation, and will turn most unconscious persons face up in the water. Read and follow the label restrictions on all PFDs. TYPE II: Near-Shore Vests These vests are good for calm waters when quick assistance or rescue is likely. Type II vests will turn some unconscious wearers face up in the water, but the turning is not as pronounced as with a Type I. TYPE I TYPE II TYPE III TYPE III: Flotation Aids These vests or full-sleeved jackets are good for calm waters when quick assistance or rescue is likely. They are not recommended for rough waters since they will not turn most unconscious persons face up. Type III PFDs are used for water sports such as water-skiing. Some Type III PFDs are designed to inflate when you enter the water. TYPE III Inflatable TYPE IV: Throwable Devices/Not Wearable These cushions and ring buoys are designed to be thrown to someone in trouble. Since a Type IV PFD is not designed to be worn, it is neither for rough waters nor for persons who are unable to hold onto it. TYPE V: Special-Use Devices These vests, deck suits, hybrid PFDs, and others are designed for specific activities such as windsurfing, kayaking, or waterskiing. Some Type V PFDs are designed to inflate when you enter the water. To be acceptable, Type V PFDs must be used in accordance with their label. Copyright © 2013 by Boat Ed. All rights reserved. Boat Ed is not responsible or liable for any claims, liabilities, damages, or other adverse effects or consequences to any person or property caused or alleged to be caused directly or indirectly from the application or use of the information contained in this publication. Boat Ed, 14086 Proton Road, Dallas, TX, 75244 TYPE IV Ring Buoy TYPE IV Cushion TYPE V ■ State Law 6 Boater’s Tip PWC operators need to take special steps in case of fire. Because their fire extinguishers may not be easily accessible, they should simply swim away quickly and use another operator’s extinguisher. They should not open the engine compartment to put out the fire. Fire Extinguisher Charge Indicators Check the charge level of your fire extinguishers regularly. Replace them immediately if they are not fully charged. green button To check this style of extinguisher, depress the green button. If it is fully charged, the green button should pop back out immediately. Fire Extinguishers ◆◆Extinguishers are classified by a letter and number symbol. The number indicates the relative size of the extinguisher, and the letter indicates the type of fire it will extinguish. • Type A fires are of combustible solids like wood. • Type B fires are of flammable liquids like gasoline or oil. • Type C fires are electrical fires. ◆◆All vessels, including PWCs, are required to have a Type B fire extinguisher(s) on board if any of the following conditions exist. • Vessel is 26 feet or longer. • Vessel carries passengers for hire. • Vessel has closed compartments under thwarts or seats where portable fuel tanks may be stored. • Vessel has double bottoms not sealed to the hull or which are not filled completely with flotation material. • Vessel has closed living spaces. • Vessel has closed storage compartments where combustible or flammable materials may be stored. • Vessel has permanently installed fuel tanks (tanks that require the removal of screws or bolts to remove them from the vessel, or tanks that when filled cannot be easily or readily handled by one person). ◆◆Approved types of fire extinguishers are identified by the following marking on the label—“Marine Type USCG Approved”—followed by the type and size symbols and the approval number. Use this chart to determine the type and quantity of fire extinguishers required for your vessel. Length of Vessel Without Fixed System With Fixed System* Less than 26 feet one B-I None 26 feet to less than 40 feet two B-I or one B-II one B-I 40 feet to less than 65 feet three B-I or one B-II and one B-I two B-I or one B-II * refers to a permanently installed fire extinguisher system On this style of fire extinguisher, the needle indicator should be in the “full” range. ◆◆Extinguishers should be placed in an accessible area—not near the engine or in a compartment, but where they can be reached immediately. Be sure you know how to operate them. ◆◆Fire extinguishers must be maintained in usable condition. Inspect extinguishers regularly to ensure the following. • Seals and tamper indicators are not broken or missing. • Pressure gauges or indicators read in the operable range. • There is no physical damage, corrosion, leakage, or clogged nozzles. Remember … Keep bilges clean and free of trash in order to reduce the risk of fire. Copyright © 2013 by Boat Ed. All rights reserved. Boat Ed is not responsible or liable for any claims, liabilities, damages, or other adverse effects or consequences to any person or property caused or alleged to be caused directly or indirectly from the application or use of the information contained in this publication. Boat Ed, 14086 Proton Road, Dallas, TX, 75244 State Law ■ 7 Backfire Flame Arrestors Because boat engines may backfire, all powerboats (except outboards) that are fueled with gasoline must have an approved backfire flame arrestor on each carburetor. Backfire flame arrestors are designed to prevent the ignition of gasoline vapors in case the engine backfires. ◆◆Backfire flame arrestors must be: • In good and serviceable condition • U.S. Coast Guard–approved (must comply with SAE J-1928 or UL 1111 standards) ◆◆Periodically clean the flame arrestor(s) and check for any damage. Ventilation Systems Ventilation systems are crucial. Their purpose is to avoid explosions by removing flammable gases. Properly installed ventilation systems greatly reduce the chance of a life-threatening explosion. ◆◆All gasoline-powered vessels, constructed in a way that would entrap fumes, must have at least two ventilation ducts fitted with cowls to remove the fumes. At least one exhaust duct must extend from the open atmosphere to the lower bilge. At least one intake duct must extend from a point at least midway to the bilge or below the level of the carburetor air intake. ◆◆If your vessel is equipped with a power ventilation system, turn it on for at least four minutes in either of these situations: • After fueling • Before starting the engine ◆◆If your vessel is not equipped with a power ventilation system (for example, a personal watercraft), open the engine compartment and sniff for gasoline fumes before starting the engine. Mufflers and Noise Level Limits All vessel engines must be equipped with an effective muffling device. Vessel operators may not hear sound signals or voices if the engine is not adequately muffled. ◆◆The noise level of any motorized vessel must not exceed 86 decibels at a distance of 50 feet or more from the vessel. ◆◆The use of cutouts is prohibited. ◆◆It is illegal to modify the muffling system if it results in a noise level greater than the legal limit. Copyright © 2013 by Boat Ed. All rights reserved. Boat Ed is not responsible or liable for any claims, liabilities, damages, or other adverse effects or consequences to any person or property caused or alleged to be caused directly or indirectly from the application or use of the information contained in this publication. Boat Ed, 14086 Proton Road, Dallas, TX, 75244 WARNING: Gasoline vapors can explode. Before starting engine, operate blower for four minutes and check (using your nose) engine compartment for gasoline vapors. Vessels built after July 31, 1980, which contain power exhaust blowers in gasoline engine compartments, must have the above warning sticker placed near the instrument panel. backfire Explosion of prematurely ignited fuel or of unburned exhaust gases in an internal combustion engine cowl Hooded opening designed to scoop in air Powerboats are built to ventilate the engine when underway. As the boat moves along, an air intake scoops up fresh air and forces it down the air duct into the engine compartment. The exhaust sucks out the explosive fumes from the lowest part of the engine and fuel compartments. 8 ■ State Law 1. Power-Driven Vessels Less Than 65.6 Feet Navigation Lights Less than 39.4 feet long only ◆◆Vessel operators must make sure that their vessels are equipped with the proper navigation lights and use the lights during these conditions: • When away from the dock between sunset and sunrise • During periods of restricted visibility such as fog or heavy rain ◆◆The different types of navigation lights are described in “Navigation Lights” in Chapter 3. No other lights that may be mistaken for required navigation lights may be exhibited. Note: Blue or red flashing lights are restricted to use by law enforcement vessels only. ◆◆The required navigation lights differ depending on the type and size of your vessel. The common lighting configurations for recreational vessels are discussed below. For other configurations and requirements for larger vessels, see the U.S. Coast Guard’s Navigation Rules. Power-Driven Vessels Less Than 65.6 Feet Long When Underway If less than 65.6 feet (20 meters) long, these vessels must exhibit the lights as shown in illustration 1. Remember, power-driven vessels include sailboats operating under engine power. The required lights are: ◆◆Red and green sidelights visible from a distance of at least two miles away—or if less than 39.4 feet (12 meters) long, at least one mile away—on a dark, clear night. ◆◆An all-round white light (if less than 39.4 feet long) or both a masthead light and a sternlight. These lights must be visible from a distance of at least two miles away on a dark, clear night. The all-round white light (or the masthead light) must be at least 3.3 feet (one meter) higher than the sidelights. Unpowered Vessels When Underway The red and green lighting must conform to the illustration above. Red should be on the left side of the bow and green on the right side of the bow. Unpowered vessels are sailing vessels or vessels that are paddled, poled, or rowed. ◆◆If less than 65.6 feet long, these vessels must exhibit the lights as shown in illustration 2. The required lights are: • Red and green sidelights visible from a distance of at least two miles away— or if less than 39.4 feet long, at least one mile away—on a dark, clear night. • A sternlight visible from a distance of at least two miles away. ◆◆If less than 23.0 feet (7 meters) long, these vessels should: • If practical, exhibit the same lights as required for unpowered vessels less than 65.6 feet in length. • If not practical, have on hand at least one lantern or flashlight shining a white light as shown in illustration 3. All Vessels When Not Underway 2. Unpowered Vessels Less Than 65.6 Feet All vessels are required to display a white light visible in all directions whenever they are moored or anchored outside a designated mooring area between sunset and sunrise. 3. Unpowered Vessels Less Than 23 Feet An alternative to the sidelights and sternlight is a combination red, green, and white light, which must be exhibited near the top of the mast. To prevent a collision, vessel operators should never leave shore without a flashlight. Even if you plan to return before dark, unforeseen developments might delay your return past nightfall. Copyright © 2013 by Boat Ed. All rights reserved. Boat Ed is not responsible or liable for any claims, liabilities, damages, or other adverse effects or consequences to any person or property caused or alleged to be caused directly or indirectly from the application or use of the information contained in this publication. Boat Ed, 14086 Proton Road, Dallas, TX, 75244 State Law ■ Visual Distress Signals 9 Pyrotechnic Devices Visual Distress Signals (VDSs) allow vessel operators to signal for help in the event of an emergency. VDSs are classified as day signals (visible in bright sunlight), night signals (visible at night), or both day and night signals. VDSs are either pyrotechnic (smoke and flames) or non-pyrotechnic (non-combustible). ◆◆VDSs are not required on vessels on Tennessee state waters. ◆◆Vessels on federally controlled waters must be equipped with U.S. Coast Guard– approved visual distress signals. All vessels, regardless of length or type, are required to carry night signals when operating between sunset and sunrise. Most vessels must carry day signals also; exceptions to the requirement for day signals are: • Recreational vessels that are less than 16 feet in length • Non-motorized open sailboats that are less than 26 feet in length • Manually propelled vessels ◆◆VDSs must be U.S. Coast Guard–approved, in serviceable condition, and readily accessible. U.S. Coast Guard–Approved Visual Distress Signals Pyrotechnic Visual Distress Signals •• Pyrotechnics are excellent distress signals. However, there is potential for injury and property damage if not handled properly. These devices produce a very hot flame, and the residue can cause burns and ignite flammable materials. •• Pistol-launched and handheld parachute flares and meteors have many characteristics of a firearm and must be handled with caution. In some states, they are considered a firearm and are prohibited from use. •• Pyrotechnic devices should be stored in a cool, dry, and prominently marked location. Non-Pyrotechnic Devices •• The distress flag is a day signal only. It must be at least 3 x 3 feet with a black square and ball on an orange background. •• The electric distress light is accepted for night use only and must flash the international SOS distress signal automatically. Orange Smoke—Handheld Orange Smoke—Floating Red Meteor Day and Night Signal Red Flare Day and Night Signal Non-Pyrotechnic Visual Distress Signals Electric Light Night Signal Orange Flag Day Signal ◆◆If pyrotechnic VDSs are used, a minimum of three must be carried in the vessel. Also, pyrotechnic VDSs must be dated and may not be carried past their expiration date. ◆◆The following combinations of signals are examples of VDSs that could be carried on board to satisfy U.S. Coast Guard requirements: • Three handheld red flares (day and night) • One handheld red flare and two red meteors (day and night) • One handheld orange smoke signal (day), two floating orange smoke signals (day), and one electric light (night only) ◆◆It is prohibited to display visual distress signals while on the water unless assistance is required to prevent immediate or potential danger to persons on board a vessel. Copyright © 2013 by Boat Ed. All rights reserved. Boat Ed is not responsible or liable for any claims, liabilities, damages, or other adverse effects or consequences to any person or property caused or alleged to be caused directly or indirectly from the application or use of the information contained in this publication. Boat Ed, 14086 Proton Road, Dallas, TX, 75244 Arm Signal Although this signal does not meet VDS equipment requirements, wave your arms to summon help if you do not have other distress signals on board. federally controlled waters Waters on which vessels must observe federal requirements, including VDS requirements; these waters include: •• Coastal waters •• The Great Lakes •• Territorial seas •• Bodies of water connected directly to one of the above, up to a point where the body of water is less than two miles wide 10 ■ State Law Common Sound Signals Sound-Producing Devices Some common sound signals that you should be familiar with as a recreational boater are as follows. Changing Direction •• One short blast tells other boaters “I intend to pass you on my port (left) side.” •• Two short blasts tell other boaters “I intend to pass you on my starboard (right) side.” •• Three short blasts tell other boaters “I am backing up.” Restricted Visibility •• One prolonged blast at intervals of not more than two minutes is the signal used by power-driven vessels when underway. •• One prolonged blast plus two short blasts at intervals of not more than two minutes is the signal used by sailing vessels. Warning •• One prolonged blast is a warning signal (for example, used when coming around a blind bend or exiting a slip). •• Five (or more) short, rapid blasts signal danger or signal that you do not understand or that you disagree with the other boater’s intentions. Divers Flag Alfa Flag Scuba divers or snorkelers should not place a flag where it will obstruct traffic or create a hazard to navigation on a river, inlet, or navigation channel. Divers and snorkelers must stay within 50 feet of their diver-down flag. (After dusk, the flag must be illuminated so that it can be seen at a distance of 300 feet or more.) Any vessel used in the diving operation must display from its mast both a divers flag and an Alfa flag visible from all directions. (After dusk, these flags must be illuminated so that they can be seen at a distance of 300 feet or more.) In periods of reduced visibility or whenever a vessel operator needs to signal his or her intentions or position, a sound-producing device is essential. The navigation rules for meeting head-on, crossing, and overtaking situations described in Chapter 3 are examples of when sound signals are required. ◆◆These requirements apply to vessels operating on Tennessee state waters. • Vessels less than 39.4 feet (12 meters) in length, which includes PWCs, are not required to carry a whistle or bell but must have some means to make an efficient sound signal. • Vessels that are 39.4 feet (12 meters) or more in length are required to carry on board a whistle and a bell. ◆◆These requirements apply to vessels operating on federally controlled waters. • Vessels less than 65.6 feet (20 meters) in length, which includes PWCs, are required to carry on board a whistle or horn or some other means to make an efficient sound signal audible for at least one-half mile. • Vessels that are 65.6 feet (20 meters) or more in length are required to carry on board a whistle or horn, and a bell that are audible for at least one mile. Other Equipment and Local Regulations ◆◆Diver-Down Flag: State law requires that scuba divers and snorkelers display a diver-down flag to mark the diving area. Vessel operators must not operate within 50 feet of a displayed diver-down flag and must reduce speed to idle speed when within 200 feet of the flag. Two types of flags are used to indicate diving activity. • A rectangular red flag (at least 20 x 24 inches when flown from a vessel) with a white diagonal stripe is used to mark the diving area and also must be displayed on vessels on state waters. • A blue and white International Code Flag A (or Alfa flag), at least 3.3 feet (one meter) high and visible from all directions, must be displayed on vessels on state or federally controlled waters. This flag indicates that the vessel is involved in a diving activity. ◆◆Marine Permits: Permits from the Tennessee Wildlife Resources Agency (TWRA) are required for tournaments, regattas, races, parades, and exhibitions that may restrict waterway navigation or require additional patrol by wildlife officers. The free permit may be requested by applying to TWRA at least 30 days before the event. ◆◆TWRA Access Areas: Additional restrictions apply in TWRA Access Areas. • Disorderly conduct and use of intoxicants or other behavior-modifying substances are prohibited. • The use of firearms is prohibited except during regular hunting season. Target shooting is prohibited at all times. • Swimming from or near boat ramps or in a way that interferes with the launching or removal of vessels is prohibited. Copyright © 2013 by Boat Ed. All rights reserved. Boat Ed is not responsible or liable for any claims, liabilities, damages, or other adverse effects or consequences to any person or property caused or alleged to be caused directly or indirectly from the application or use of the information contained in this publication. Boat Ed, 14086 Proton Road, Dallas, TX, 75244 State Law ■ Requirements Specific to Personal Watercraft (PWCs) Tennessee law defines a PWC as “a mechanically propelled vessel that is designed to be operated by a person sitting, standing, or kneeling on the vessel rather than being operated in a conventional manner by a person sitting, standing, or kneeling inside the vessel.” In addition to adhering to all boating laws, PWC operators have requirements specific to their watercraft. ◆◆Everyone on board a PWC must wear a U.S. Coast Guard–approved Type I, II, or III life jacket, called a personal flotation device (PFD), at all times. Inflatable PFDs are not approved for use on personal watercraft. ◆◆There are age and education requirements for operators of personal watercraft. See “Who May Operate a Vessel.” ◆◆PWCs must be equipped with an ignition safety switch, and the operator must attach the lanyard of the switch to his or her wrist or PFD. ◆◆PWCs may be operated only during daylight hours (between sunrise and sunset). ◆◆PWCs must be operated in a safe and responsible manner. It is illegal to: • Jump the immediate wake (within 100 feet) of another vessel. • Weave your PWC through congested waterway traffic. • Steer toward another object or person in the water and swerve at the last possible moment in order to avoid collision or spray others nearby. • Operate the PWC close to boat ramps, docks, or the shoreline at more than idle speed. • Chase, harass, or disturb wildlife with your PWC. Towing a Person With a Vessel Legally Vessel operators towing a person(s) on water skis, a surfboard, or any other device must obey these laws. ◆◆It is illegal for vessels to tow persons on water skis, a surfboard, or any other device between sunset and sunrise or during inclement weather. ◆◆The towing vessel must be able to observe the towed person(s). The towing vessel must have either: • A person at least 12 years old, in addition to the boat operator, on board observing the towed person(s) or … • The required number of wide-angle (170-degree field of vision) rearview mirror(s). -- If the towing vessel is a PWC, the PWC must be equipped with two wideangle rearview mirrors. -- If the towing vessel is a boat (other than a PWC), the boat must be equipped with at least one wide-angle rearview mirror. ◆◆All persons being towed behind a vessel on water skis or any other device must wear an adequate and effective life preserver, buoyant vest, or life belt. If the device worn by the skier is not U.S. Coast Guard–approved, an approved life jacket (PFD) must be on board the towing vessel. ◆◆The operator of the towing vessel and the skier must not operate in a manner that endangers the safety of persons or property. A safe speed and distance from other vessels, persons in the water, docks, piers, and shorelines must be maintained. Copyright © 2013 by Boat Ed. All rights reserved. Boat Ed is not responsible or liable for any claims, liabilities, damages, or other adverse effects or consequences to any person or property caused or alleged to be caused directly or indirectly from the application or use of the information contained in this publication. Boat Ed, 14086 Proton Road, Dallas, TX, 75244 11 Remember … Persons who allow an underage operator to use a PWC may be prosecuted. Also, as the owner of a PWC, you are responsible for any injury or damage caused by others you allow to operate your PWC. ■ TN 3717 ZW If towing a skier with a personal watercraft, the PWC must be equipped with two mirrors or have an observer on board at least 12 years of age. Skier-Down Flag Not Required Displaying a red or orange skier-down flag when a skier is down is not required in Tennessee. Requirements for Paddleboards The use of paddleboards on lakes and rivers is growing in popularity. The U.S. Coast Guard classifies paddleboards as vessels. •• Paddleboard users must comply with recreational boating laws and rules. •• Paddleboards must have: -- A life jacket for each person on board -- A sound-producing device such as a whistle -- Navigation lights when used between sunset and sunrise – this may be a flashlight or a headlamp with a white light -- Visual distress signals when used on federally controlled waters ■ State Law 12 Waste, Oil, and Trash Disposal in Tennessee and Federal Waters Pump-Out Station Sign Signs like these are posted at pump-out stations in Tennessee. ◆◆It is illegal to discharge waste, oil, or trash into any state or federally controlled waters. This is for very good reasons. • Sewage carries disease and other pollutants that are harmful to people, aquatic plants, and animals. • Trash thrown into the water can injure swimmers and wildlife alike. It also can plug engine cooling water intakes. • Pollution is unsightly and takes away from your enjoyment of the water. ◆◆Vessel operators need to be aware of the following regulations for waste, oil, and trash disposal that apply to both federally controlled and state waters. The Refuse Act prohibits throwing, discharging, or depositing any refuse matter of any kind (including trash, garbage, oil, and other liquid pollutants) into the waters of the United States. Discharge of Sewage and Waste Pump-Out Station “Y” valve must always be closed on “no discharge” waters Drainage to pump-out station Typical Marine Sanitation Device If you have a recreational vessel with installed toilet facilities, it must have an operable marine sanitation device (MSD) on board. An MSD is a separate mechanism attached to the marine toilet. The macerator inside the toilet and the reservoir beside the toilet are not marine sanitation devices. ◆◆There are three types of MSDs. • Types I and II MSDs are usually found on large vessels. Waste is treated with special chemicals to kill bacteria before the waste is discharged. Types I and II MSDs with “Y” valves that would direct the waste overboard must be secured so that the valve cannot be opened when on “no discharge” waters. This can be done by placing a lock or non-reusable seal on the “Y” valve or by taking the handle off the “Y” valve. • Type III MSDs provide no treatment and are either holding tanks or portable toilets. Collected waste should be taken ashore and disposed of in a pump-out station or onshore toilet. ◆◆It is illegal to discharge raw (untreated) sewage into any public waters. ◆◆Public waters are classified as either “discharge” (capable of accepting treated sewage) or “no discharge” (waste must be retained in a holding tank and properly discharged on shore). • Discharge into public waters is restricted to Type I or II MSDs and only on those waters classified as “discharge.” Discharge reservoirs are: Barkley, Caulderwood, Cheatham, Chickamauga, Cordell Hull, Cumberland River, Ft. Loudon, Kentucky, McKellar, Melton Hill, Mississippi River, Nickajack, Old Hickory, Pickwick, Reelfoot, South Holston, Tellico, Tennessee River, and Watts Bar. • No discharge reservoirs are: Beech River Lakes; Boone; Center Hill; Cherokee; Chilhowee; Dale Hollow; Douglas; Ft. Patrick Henry; Great Falls; J. Percy Priest; Lake Graham; Nolichucky; Normandy; Norris; Ocoee 1, 2, and 3; Tims Ford; Watauga; Wilbur; and Woods. ◆◆Vessels 65 feet or less in length may use a Type I, II, or III MSD. Vessels more than 65 feet in length must install a Type II or III MSD. ◆◆All installed MSDs must be U.S. Coast Guard–certified. ◆◆Marinas and docks operating on public waters must provide a sewage removal service. Copyright © 2013 by Boat Ed. All rights reserved. Boat Ed is not responsible or liable for any claims, liabilities, damages, or other adverse effects or consequences to any person or property caused or alleged to be caused directly or indirectly from the application or use of the information contained in this publication. Boat Ed, 14086 Proton Road, Dallas, TX, 75244 State Law ■ 13 Discharge of Trash The Act to Prevent Pollution from Ships places limitations on the discharge of garbage from vessels. It is illegal to dump refuse, garbage, or plastics into any state or federally controlled waters. Many forms of litter can kill birds, fish, and marine mammals. ◆◆You must store trash in a container while on board and place it in a proper receptacle after returning to shore. ◆◆If boating on federally controlled waters and your vessel is 26 feet or longer, you must display a Garbage Disposal Placard in a prominent location. The Garbage Disposal Placard is a durable sign that is at least 4 x 9 inches and notifies passengers and crew about discharge restrictions. Discharge of Oil and Other Hazardous Substances Regulations issued under the Federal Water Pollution Control Act require all vessels with propulsion machinery to be able to retain oil mixtures on board. ◆◆You are not allowed to discharge oil or hazardous substances. The penalty for illegal discharge may be a fine of up to $10,000. ◆◆You are not allowed to dump oil into the bilge of the vessel without means for proper disposal. Fuel spills can be removed using absorbent bilge pads. ◆◆You must dispose of oil waste at an approved reception facility. On recreational vessels, a bucket or bailer is adequate for temporary storage prior to disposing of the oil waste at an approved facility. ◆◆You must notify the National Response Center immediately if your vessel discharges oil or hazardous substances in the water. Call toll-free 1-800-4248802. Report the discharge’s location, color, source, substances, size, and time observed. You also must call the Tennessee Wildlife Resources Agency and report the discharge. ◆◆If boating on federally controlled waters and your vessel is 26 feet or longer, you must display a 5 x 8-inch placard made of durable material, fixed in a conspicuous place in the machinery spaces or at the bilge pump control station, stating the following: Discharge of Oil Prohibited The Federal Water Pollution Control Act prohibits the discharge of oil or oily waste upon or into any navigable waters of the U.S. The prohibition includes any discharge which causes a film or discoloration of the surface of the water or causes a sludge or emulsion beneath the surface of the water. Violators are subject to substantial civil and/or criminal sanctions including fines and imprisonment. Waste Management Plan ◆◆Ocean-going vessels that are 40 feet or more in length with cooking and sleeping facilities must have a written Waste Management Plan. ◆◆The captain of the vessel is responsible for implementing the Waste Management Plan. ◆◆The Waste Management Plan, identifying the vessel’s name and home port, should be posted and should include directives to all persons on board about: • Discharging sewage and hazardous substances • Discharging garbage and other food waste • Disposing of plastics, bottles, and cans • Reading applicable placards for additional information • Advising the captain in case of oily discharges or diesel spills Copyright © 2013 by Boat Ed. All rights reserved. Boat Ed is not responsible or liable for any claims, liabilities, damages, or other adverse effects or consequences to any person or property caused or alleged to be caused directly or indirectly from the application or use of the information contained in this publication. Boat Ed, 14086 Proton Road, Dallas, TX, 75244 Oil Discharge Placard A 5 x 8-inch sign that states the law pertaining to oil discharge What To Do in Case of Discharge If your vessel discharges oil or hazardous substances into the water, notify the National Response Center by calling: •• 1-800-424-8802 Stop the Spread of Nuisance Species! Introducing aquatic nuisance species into Tennessee waters can upset the balance of the ecosystem, thereby harming the environment. Aquatic nuisance species, such as bighead and silver carp, Hydrilla Eurasian watermilfoil, hydrilla, New Zealand mudsnail, purple loosestrife, round goby, quagga mussel, and zebra mussel, most often spread between waterways by hitching a ride on Eurasian watermilfoil vessels and trailers. When transplanted into new waters, these organisms proliferate, displacing native species and damaging the water resource Silver carp and your vessel. To prevent spreading aquatic nuisance species: •• Inspect your vessel, motor, live wells, and trailer, and Zebra mussels remove any aquatic nuisance species you see before leaving the area. •• Drain water from your boat, motor, bilge, live wells, and bait containers before leaving the area. •• Dispose of unwanted bait and other animals or aquatic plants in the trash. •• To remove or kill species that were not visible when leaving the area, either wash your boat and equipment with hot water or air-dry them for at least five days. 14 ■ State Law Boating Accident Report Form Boating Accidents and Casualties … What the Law Requires You To Do ◆◆An operator involved in a boating accident must: • Stop their vessel immediately at the scene of the accident and … • Assist anyone injured in the accident, unless doing so would endanger his or her own vessel or passengers. ◆◆Every vessel operator involved in a reportable accident must notify the Tennessee Wildlife Resources Agency (TWRA) immediately. The operator also must file a written accident report form with TWRA. • The accident report form must be filed within 48 hours if: -- A person dies or disappears or … -- Someone is injured requiring medical treatment beyond first aid. • The accident report form must be filed within ten days if damage exceeds $2,000. ◆◆Failure to report a boating accident is a criminal offense and may result in prosecution by TWRA. Enforcement Accident or boating emergency? In the event of an accident or other boating emergency, call the nearest TWRA office or 911. It is the responsibility of the Tennessee Wildlife Resources Agency to enforce and administer the provisions of the Tennessee Boating Safety Act. ◆◆Enforcement officers of the Agency are on the water to assist boaters as well as to enforce laws and provide control when necessary. ◆◆Every officer of the Agency has the authority to stop and board any vessel. They may issue citations; when necessary, they may arrest, on sight and without warrant, any person they see violating a provision of the Boating Safety Act. ◆◆The U.S. Coast Guard has enforcement authority on federally controlled waters. Most Tennessee Wildlife Resources Agency vessels can be recognized by the orange and green stripes and the words “WILDLIFE RESOURCES” displayed on the sides of the vessel. However, unmarked vessels are used also. Officers have the authority to stop and board your vessel to check for compliance with the law. Copyright © 2013 by Boat Ed. All rights reserved. Boat Ed is not responsible or liable for any claims, liabilities, damages, or other adverse effects or consequences to any person or property caused or alleged to be caused directly or indirectly from the application or use of the information contained in this publication. Boat Ed, 14086 Proton Road, Dallas, TX, 75244