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.
