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With the hot, lazy days of summer fast approaching, boaters in Florida are ready to hit the open waters. But boating accidents are also on the rise too, emphasizing the need for boater safety laws and precautions. Personal injury attorneys in Cape Coral urge those who go out on the water to comply with state laws regarding proper boating registration, maintenance, and safety. “Precautions must be taken to ensure safe boating operation,” says Boating Accident Attorney, Randall Spivey, Spivey Law Firm, Personal Injury Attorneys, P.A. “We see too often the tragedy that can occur from a boating accident.”   

Florida law requires that all boats and water vessels, with the exception of non-motor-powered vessels shorter than 16 feet long, must be registered through the boater’s local tax collector’s office within 30 days of purchase. The Certificate of Registration must be on board the boat at all times, and available for inspection should the boat be investigated by an enforcement officer or member of the Coast Guard. The operator must also display the registration numbers on the front half of his or her vessel.

Anyone born on or after January 1, 1988, must take and pass an approved boater safety course in order to operate a vessel powered by 10 horsepower or more. The boater must present photo identification in order to register for the course. Florida law makes exceptions for anyone licensed as a master of a vessel in the Coast Guard, anyone accompanied by a licensed boater over 18, or those who operate boats on private ponds or lakes. Within 90 days after purchase of the boat, the operator must take the required course and display proof of completion on the boat.

In the event of a boating accident that involves disappearance, death, or severe personal injury that cannot be treated with immediate first aid, the vessel’s operator is required to give notice to the Florida Fish and Wildlife Conservation Commission, the sheriff of the county in which the accident occurred, or the police chief of the area’s municipality. It is illegal for boat operators to leave the scene of an accident, especially one in which other boaters suffer any kind of injury.

Boaters are required to operate their boats responsibly, and ensure the safety of all passengers. They must take proper care regarding the presence of other boats in the area, posted restrictions such as speed limits or no-wake zones, and inclement weather while out on the water. Failure to comply with these regulations is considered a non-criminal infraction of careless operation. Operating a boat while under the influence of drugs or alcohol is also illegal. Any vessel operator suspected of using a boat while under the influence must comply with DUI/DWI procedures, including sobriety tests and chemical breathalyzers to determine blood alcohol content. Anyone with a BAC above .08 is considered to be boating while drunk, and faces similar consequences for a drunk driving scenario. Underage boaters found to have a BAC of .02 or higher are also in violation of state law.

The Cape Coral personal injury lawyers at Spivey Law Firm, Personal Injury Attorneys, P.A., are well-versed in Florida boating laws, and can represent anyone who has been injured in a boating accident.