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Editor: Rod Sullivan
Profession: Maritime Attorney

Category: Boating Accidents

Beginning on January 1 of next year, anyone who wants to operate a motorboat with a motor over 10 HP, and who is born after January 1, 1988 (meaning anyone who is less than 21 years old on January 1, 2010), will have to have with them a "Boater Identification Card" (a "BIC") and photo identification. There are some exceptions to the rule. If have a Coast Guard master's license you don't need a BIC and if the boater is "accompanied in the vessel by a person who is exempt" then no BIC is required.

To get the BIC, boaters will have to take an eight-hour boating safety course and pass a written test. Failing to carry a BIC is a non-criminal violation carrying a fine of $50 for the first offense, $250 for a second, and $500 for a third.

The Florida Fish and Wildlife Conservation Commission has been pushing for this type of training for years and they have charts and statistics which seem to show that training reduces the number of accidents. Personally, I doubt the data, and I doubt that a boating safety course is going to reduce the number and severity of boating accidents in Florida. Part of the reason for my skepticism is because the training course doesn't, in my opinion, focus on the real world causes of boating accidents.

The number one cause of boating accidents is DARKNESS. The reason is because moving boats run into anchored boats which are poorly lit. It doesn't matter if the anchored boats belong to fishermen, barge owners, or marine construction companies--people just don't seem to understand the importance of lighting their boats when they are moored or anchored at night.

Since most serious boating accidents happen at night, or when the operator's view of what is ahead is blocked, you would think that nighttime operation would be a big part of the course. However, as I read the 8 page Course Checklist, the word "night" only appeared one time - in the bibliography - and not at all in the course materials. In other words you can take the entire course and no one needs to tell fledgling boaters "if you are operating your boat at night, you are eventually going to hit an unlit anchored object and get hurt." To me, that should be on page 1.

What is on page 1? It is "Boating Registration Requirements," and "Boat Capacity Plates." Is the information about registration and capacity plates important? No, it isn't. Why? Because registration is a compliance issues, and the information contained on capacity plates is wrong because it is outdated.

Why are they wrong? Boat capacity plates are based on the assumption that the weight of the average American is 140 pounds. It might have been 140 pounds in 1950. Today, the weight of the average American male is 191 pounds and the average American female is 160 pounds. Since most boat occupants are men, the capacity plates are hopelessly and dangerously inaccurate.

Back to visibility and nighttime operation. The word "visibility" appears once in the checklist. What is it talking about? It is talking about the Inland Navigation Rules of the Road and navigating in fog. It's very interesting if you are operating a ship, but it has little applicability to the average boater. Does the checklist tell you that breakwaters, rocks, and navigational markers don't even have to have lights on them? No. Does it tell you that docks don't have to be lit? No. Does it tell you that you shouldn't operate your boat with people sitting on the bow, blocking your view? No.

So what do you learn in this half day course? "Sound signaling equipment" (how to blow your horn); "Filing a Float Plan" (does any day boater really do that?); "Transporting and Trailering" (tangential to boating safety); "Environmental Laws and Regulations," "Human Waster Disposal," "Disposal of Toxic Substances," and "Accident Reports." Okay, I am exaggerating. It also has sections on some important stuff too. I just don't think it will make a difference.

Let's look at the statistics in five years and see if we have any fewer boating deaths. I don't think we will. Do I have a better suggestion? Not really. They say any jackass can kick down a barn. When it comes to boating safety courses, I am that jackass.