You've clipped a buoy, and it heels over and doesn't look right. Or you've souped up an engine beyond your boat's horsepower rating and attracted some attention from authorities. No harm done? Think again. Along with the countless pleasures of owning a boat come countless requirements and responsibilities – legal responsibilities.
Depending on the watery circumstances in which you are immersed, you might need to make quick decisions on the water that can have lasting implications in a courtroom. Like anything, good decision making is a product of experience and some fundamental principles, and the more prepared you are, the better off you will be.
From insurance and contracts to piloting safely, here are a dozen ways to help you navigate – or even avoid – the next rogue wave.
UNDERSTAND YOUR INSURANCE
There is no worse feeling than realizing after an event that your insurance doesn't cover the losses. And just because you paid your premium does not mean you are in anyone's good hands.
Take particular care to read and understand your insurance policy, before trouble strikes.Insurance policies are contracts, and you need to satisfy the requirements for coverage.
Take particular care to read and understand your policy's navigational warranty (the geographic areas to which you are limited) and lay-up warranty (the period of time that you warrant the vessel will be hauled from the water or otherwise not used). In addition, some policies, particularly those covering go-fast boats, may have a "named operator" provision, which some courts interpret to mean that only individuals identified in the policy are permitted to steer the boat.
If in doubt, take the time to speak with your insurance broker—preferably before you've signed on the dotted line—and ask about confirming any oral explanations in writing.
FILE YOUR BILL OF SALE
The peculiarities of boat transactions are vast—they're nothing like buying or selling a house or car—and they can prove unforgiving. For example, ownership may be challenged by a creditor if the vessel in question is documented and the bill of sale is not recorded at the National Vessel Documentation Center. In addition, the new owner of an old vessel can become entangled in expensive disputes over liens that can remain hidden at the time of the sale. If you purchase anything mightier than a dinghy, consult an admiralty attorney or documentation specialist to guide you through these dangerous straits.
NEVER TOUCH A WHALE OR WARSHIP
When it comes to things maritime, the federal government is intimately involved, more often than not with federal regulations. There actually is a specific statute that, in broad terms, prohibits vessels from getting within 100 yards of a humpback whale or otherwise disrupting its normal behavior. And, unless you are looking for a stint in the brig, violating the security zone imposed around warships is a felony punishable by prison time and a six-figure fine.
More importantly, and from a boat-handling perspective, placing your craft and its merry band of revelers in close proximity to large ships, tugs boats, barges and even whales can be rife with danger. Countless injuries arise from small boats failing to stay clear of larger vessels, which cannot steer or stop quickly. The prudent captain steers well clear.
READ THE CONTRACT, THEN SIGN
As the spring sun flashes off the water outside and the marina manager pushes the contract toward you with a congratulatory murmur, the temptation is to find the signature line, scrawl your name and ask about the nearest ice dispenser. But doing this is like drifting outside a navigation marker and into shallow water.
Why not leave your deposit check and take the marina's contract home to read its terms and conditions with a cup of coffee and the sober perspective a morning can bring? As with any contract, you do not want to be learning what it says while seawater swirls around your ankles.
A marina may prohibit the storage of paints and lacquers aboard your boat, may require that you name the marina as an additional insured party on your boat's policy, may have specific rules about haulouts and hurricane procedures – all sorts of other obligations you will want to know about upfront. Your vessel's wake may fade with time, but your signature doesn't, and it can turn a bad situation into a shipwreck. Read the contract first.
DON'T BELIEVE THE RUMORS
Running aground and even taking on water are accepted hazards of leading a salty life. In fact, you may at some point require assistance from a commercial towing and salvage company, and, as part of that assistance, sign a salvage contract.
TASHA TULLY / U.S. COAST GUARDIf the Coast Guard says heave-to, don't wait. When you get back to port, do not listen to the couple in the adjacent slip who tell you the salvage company is now entitled to take your boat. Boating is full of rumor and innuendo, most of which is harmless and even fun, but most rumors concerning salvage are flat wrong. As a matter of historical policy, and in general terms, the admiralty law encourages salvors to render aid to vessels in distress by allowing them an award instead of compensation on a time and materials basis. Salvage awards are calculated based on the amount of peril your boat faced, the promptness of the salvor's response and your boat's post-incident value, among other factors. If the amount of the salvage award is disputed, it may be resolved through arbitration or, if necessary, in court.
While a salvor (like any vendor of services to your vessel) is likely allowed to seize your vessel as security for payment, that rarely occurs. Quiet the neighborly couple with a smile and an offer of libations, pass the salvage demand on to your insurer and enjoy the sunset.
OBEY THE COAST GUARD
The Coast Guard has the right to board your boat under almost any circumstance.
Among other things, a federal statute imposes five-figure fines for failing to stop a vessel upon command and, in today's post-9/11 climate, if you don't stop, you may face a very scary situation.
Oh, and by the way, the Coast Guard has the authority to terminate your voyage and escort you into port. If in the process the Coast Guard damages your boat, specific remedies are available—later. While it's happening, try to be as cooperative as possible.
DON'T HIT AND RUN
While it is tempting to nudge the throttles forward and keep going, the Coast Guard requires that you report any incident to the officer in charge at the nearest Marine Safety Office.
You might be able to satisfy this requirement via the marine radio or cellular telephone; the important thing is to promptly contact the Coast Guard and report the situation. A prudent mariner will record in writing the Coast Guard's instructions, as well as the location and number of the navigational aid, and will take some photographs.
This kind of event may not be the end of your voyage, but it should be treated seriously to avoid future problems.
CARRY PROPER DOCUMENTATION
If your boat is documented with the Coast Guard, a specific regulation requires that, save for several narrow exceptions, you carry the original certificate of documentation aboard. Similar requirements usually exist for vessels that are registered with a state. Check your state's boating website for details. The type of documentation you carry aboard becomes particularly important if you are leaving domestic waters and cruising to foreign ports.
DON'T SINK YOUR BOAT
Really. In tough economic times, cutting losses by opening a through-hull valve may seem like a good idea, and hundreds of derelict boats are left abandoned in U.S. waters every year. But the intentional sinking of a boat can result in a modern-day version of being keel-hauled.
First, there are very nasty federal statutes prohibiting the destruction of a vessel by its owner that can land you in prison for life. Second, don't underestimate the persistence of insurance companies in unraveling a mysterious sinking. Insurers have been known to hire deep-sea diving companies to raise recreational yachts that have sunk in what was thought to be an unrecoverable location.
While economic pressures on a boat owner can be stressful, the high-pitched whine of a winch raising a boat sunk by the owner takes stress to a whole new level.
DON'T OVERPOWER YOUR RUNABOUT
Hang around the marina long enough, and you inevitably encounter someone at the launch ramp with a relatively small vessel, crowing about the size of the outboard motor strapped to the transom.
Read your marina contract before you sign it. The temptation to skip the small print is a bad one.Don't try this yourself. Beyond the obvious safety risks, this kind of silly and dangerous pursuit can invalidate your insurance coverage and expose you to civil liability. For boats up to 20 feet in length, the maximum horsepower is generally displayed on a small plate mounted near the vessel's stern.
If you operate a boat believing you have coverage under your homeowner's policy, read the fine print: It usually states a maximum horsepower. Exceed it, and there is no coverage.
DON'T THINK YOU CAN'T BE SUED
Boaters like to think of themselves as part of a friendly community, but disputes inevitably occur, and lawyers, being lawyers, inevitably file lawsuits.
Be aware that a vessel owner owes specific, legal obligations to crew members and passengers; that a vessel is obligated to comply with specific navigational rules; that a vessel under sail does not always have the right of way; that boiling a protected species of lobster for dinner on the aft deck can result in big penalties, including the loss of your boat; that if your boat sinks, you are likely obligated to mark the wreck; and on and on.
Whatever the situation, taking photographs and recording witness names will generally be helpful. Another thought: The Coast Guard almost always writes down or records its communications with a vessel. So if, in the heat of a calamity, you didn't take notes of an important event that you discussed with the Coast Guard and you later need to recall details, you may be able to retrieve its account by written request.
The point here is documentation. Record events accurately the best way that you can.
GOT SOME BULKHEAD REMOVER?
This kind of request is always conveyed in a serious tone and is meant to send the new boater scavenging through lazzaretes and upending sea chests. Ignore it – "bulkhead remover" does not exist. Just like a tray of "porthole glasses" and that form that is called the "eye-dee-ten-tango" (write it out – it spells "idiot"), this slang is the stuff of maritime hazing.
It is the marine equivalent of selling high school freshmen an elevator pass at a one-story school. If you are at the receiving end of such a request, consider yourself initiated into the boating fraternity. And then look around for that new skipper with the fresh-out-of-the-box boat shoes, so you can carry on the tradition.
John K. Fulweiler is a maritime attorney practicing in New York and Florida. An avid boater, he operated commercial vessels before attending law school. He is a licensed Merchant Mariner.