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Boating Accidents: THE DUTIES AND RESPONSIBILITIES OF A SKIPPER

Boating Accidents

Sometimes of course, despite the best of care, boating accidents do occur. They may involve only a single boat or two or more vessels. In all cases, skippers incur obligations at the scene and afterward.
THE DUTIES AND RESPONSIBILITIES OF A SKIPPER
 THE DUTIES AND RESPONSIBILITIES OF A SKIPPER

Duties in Case of Accident In case of collision, accident, or other casualty involving a vessel subject to the FBSA/71 (as well as such otherwise exempted vessels as foreign or governmental craft), the operator must, to the extent that he can without serious danger to his vessel or those on board, render necessary and practical assistance to other persons endangered by the incident. The operator must also give his name and address, and the identification of his vessel, to any person injured and to the owner of any property damaged.
The duties described here apply whether or not the incident resulted from apparent negligence. They also do not preclude any other duties required by law or regulation.
People ask

  • What is the role of a skipper on a boat?
  • What are the three major responsibilities of a boat operator?
  • What is your responsibility as a skipper?

Figure 2-11 Boating accidents must be reported if they involve death or personal injuries or physical damage that exceed specified limits. Accidents must be reported even if only one craft is involved. In most states, reports are made to state authorities rather than to the Coast Guard.

"Good Samaritan" Provision Any person who complies "ith the accident duties described above, or any other person who gratuitously and in good faith renders assistance at the scene of an accident or another boating casualty without the objection of any person being assisted, is protected by a provision of the FBSA/71. He cannot be held liable for any civil damages as a result of rendering assistance or for any act or omission in providing or arranging salvage, medical treatment, or other assistance when he acts as an ordinary, reasonably prudent person would have under the same or similar circumstances.
Accident Reporting In case of collision, accident, or other casualty involving a vessel subject to the FBSA/71, the operator must make a report under certain circumstances. A report is required if the incident results in death, an injury requiring medical treatment beyond first aid, or the disappearance of a person from a vessel under circumstances that indicate death or injury. A report is also required if there is damage to vessels and other property that totals $2,000 or more, or complete loss of any vessel; see Figure 2-11.
If death occurs within 24 hours of the accident, or a person has a reportable injury or disappears from the boat, a formal report must be made Ivithin 48 hours; otherwise, within 10 days.
Most state boating laws require that reports of boating accidents be made to a designated state office or official. If, however, there is no state provision for reporting such incidents, a report must be made to the U.S. Coast Guard Officer in Charge, Marine Inspection, nearest the site of the accident.
U.S. Coast Guard regulations on accident reporting list the information that must be furnished. The Boating Accident Report—CG -3865—may be used in reports to the Coast Guard. States normally use this form or one of their own patterned after it; see Figure 2-12.
Reporting requirements and forms are different for boats in commercial operation.
Figure 2-12 Use of a standard official form ensures that an accident report contains all the required information.
Accident Statistics The FBSA/71 also provides that as a part of an approved state registering and numbering system there shall be a casualty reporting plan in accordance with regulations issued by the Secretary. Detailed procedures for recording, compiling, and forwarding statistics are set forth in Coast Guard regulations.
 National Statistics The Coast Guard is in turn charged with the responsibility of combining state reports '€vith its own, to form annual national statistics on the number of registered boats by classes; accidents by type, cause, surrounding circumstances, etc; and other related data.
Privacy of Information Information about the identity and ownership of vessels numbered under the act is made available to federal and local officials as needed in any enforcement or assistance program. In general, files relating to boat numbering are considered "public records," and information from them may be released to anyone, subject only to reasonable restrictions necessary to carry on the work of the records office. On the other hand, individual "Boating Accident Reports" or extracts therefrom are not releasable. These are intended only to assist the Coast Guard in determining the cause of accidents and making recommendations for their prevention and compiling appropriate statistics. The privacy of accident reports permits the filing of full and accurate reports without the contents being used against an individual in civil suits.
Safety Standards The FBSA/71 authorizes minimum safety standards for "boats" and "associated equipment." Each standard must be reasonable, must meet the need for boating safety, and must be stated, insofar as practicable, in terms of performance. Under the act's provisions, it is the responsibility of the manufacturer that all equipment on the boat when delivered meets any and all applicable safety standards of that date.
Safety Standards The FBSA/71 authorizes minimum safety standards for "boats" and "associated equipment." Each standard must be reasonable, must meet the need for boating safety, and must be stated, insofar as practicable, in terms of performance. Under the act's provisions, it is the responsibility of the manufacturer that all equipment on the boat when delivered meets any and all applicable safety standards of that date.

Penalties 

The FBSA/71 provides for both civil and criminal penalties for violations of its provisions. It allows for variable penalties to meet situations of different degrees of seriousness and provides for a flexible system of assessment and collection.
Civil Penalties A basic civil penalty of not more than $1,000 may be assessed for any violation of the FBSA/71 or any regulation issued thereunder. If the violation involves a vessel, that vessel may be liable and may be proceeded against in the U.S. federal courts. A civil penalty of not more than $200 may be assessed by administrative action; no trial is required, but procedures are established for appeals.
Criminal Penalties Any person who willfully uses a vessel in violation of the FBSA/71 or any regulation issued thereunder may be tried in court and fined up to $5,000 or imprisoned for not more than one year, or both. A person who uses a boat in a "grosslyZ' negligent manner is subject to the criminal penalties in addition to any civil penalties. ("Simple" negligence is subject to civil penalties only.)
Penalty for Failure to Give Aid The person in charge of a vessel in a collision has duties to the other vessel and those aboard her. A skipper who fails to meet these responsibilities, without reasonable cause, may be found guilty of a misdemeanor and subjected to a fine of $1,000 or imprisonment for not more than five years, or both. The vessel may be proceeded against in federal court, with the penalty assessed being divided equally between any informer and the United States.
Penalty for Operation while Intoxicated Federal law now prescribes both civil and criminal penalties for operating a vessel while intoxicated. The civil penalty can be as much as $1,000. If one is tried in court and convicted, the penalty can be a fine of up to $5,000 or one year in prison, or both. Intoxication includes both alcohol and drug abuse.
Many states have also adopted specific laws and penalties for operating a boat while "under the influence." State penalties could include arrest, fines, and/or loss of motor vehicle driving privileges.
Written Warnings Coast Guard boarding officers may issue a written warning, intended to be educational rather than punitive, for certain minor violations of boating regulations. Citations, not written warnings, are issued for any violation involving danger to the occupants of a craft or when three or more violations of any type are found in a single boarding. Written warnings are issued only for the first offense of any year; subsequent offenses are subject to more severe penalties. Appeal procedures are provided.

National Boating Safety Advisory Council 

The FBSA/71 established the NATIONAL BOATING SAFETY ADVISORY COUNCIL (NB SAC) of 21 members, each of whom is expected to have special knowledge and experience in boating safety. The council consists equally of representatives from state and local governments, boat and associated equipment manufacturers, and boating organizations and the general public. All boating safety standards and other major safety matters are referred to the National Boating Safety Advisory Council before being issued.

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