Ban still catching boaters off guard

MIKE WHITEHEAD

Ahoy.

The law of unexpected consequences is coming as a surprise to some

local charter boat operators and recreational boaters who have found

that they can be issued a citation by the Harbor Patrol under the

Anthony Farr and Stacey Beckett Boating Safety Act of 2004, (AB

2222). This act is commonly called the teak surfing ban and this went

into effect as of Jan. 1, 2005.

Now, it is illegal for anyone to be on the swim step of any boat

for any length of time when any of the vessel’s engines are running,

creating carbon monoxide in the exhaust. Yet, some vessels have

extended their boarding/swim platforms to allow people to stand while

the vessel is underway, and these skippers are being caught off

guard. The Harbors and Navigation Code has added this act and I have

pulled the pertinent section for you to see the intention of the law.

* Section 681: (a) It is unlawful to operate a motorized vessel or

have the engine of a motorized vessel run idle while an individual is

teak surfing, platform dragging, or bodysurfing behind the motorized

vessel. (b) It is unlawful to operate a motorized vessel or have the

engine of a motorized vessel run idle while an individual is

occupying or holding onto the swim platform, swim deck, swim step, or

swim ladder of the vessel. (c) Subdivision (b) does not apply when an

individual is occupying the swim platform, swim deck, swim step, or

swim ladder for a very brief period of time while assisting with the

docking or departure of the vessel, while exiting or entering the

vessel, or while the vessel is engaged in law enforcement or

emergency rescue activity.

I understand that Harbor Patrol officers are trying to educate

first and cite as a last resort. So I advise that you do not mouth

off to the Harbor Patrol, as they are only enforcing the new law.

Plus, mouthing off will ensure you a ticket.

This is another perfect example that those in the marine industry,

especially charter boat operators, boat rentals, fishing fleets and

the recreational boater, must be active in all boating issues.

I have heard a few people say they did not know about this new

act, but they read this column and they probably read the Log

newspaper too. We have been reporting on this very topic since it was

first introduced -- plus, I have discussed this topic in length on my

weekly radio show. Recently, the marine committee of the Newport

Beach Chamber of Commerce fielded questions about this new act and

now, some members want to try to modify the bill after the fact.

Boat operators will need to build an argument that carbon monoxide

levels aren’t at dangerous levels on their swim platforms and then

try to have the Assembly modify the bill for documented exceptions. I

just hope that the law of unexpected consequences does not bite back

once again by showing the carbon monoxide levels are too dangerous in

the cockpit area while a vessel is underway.

TIP OF WEEK

It’s the season to visit the 13th annual Orange County Boat Show

at the Anaheim Convention Center today and this weekend. Families and

first-time buyers are invited to look at what is available in boating

for their recreational pastime. The show should have a fun,

family-friendly atmosphere with contests and events for the kids, and

food and beverage choices for adults.

Remember, boating and fishing are the most popular family

recreational activities, according to a national survey.

You can visit the boat show today from noon to 9 p.m., Saturday

from 10 a.m. to 9 p.m., and Sunday from 10 a.m. to 6 p.m. Admission

is $10 for adults, and children 12 and under can attend for free when

accompanied by an adult.

The show is organized by the Southern California Marine Assn. For

more information, surf over to https://orangecounty boatshow.com.

Tune in to the No. 1 boating talk radio show in the nation, “Capt.

Mike Whitehead’s Boathouse Radio Show.” It airs every Saturday from

noon to 1 p.m. on KCBQ-AM (1170). You can join me, Chandler Bell and

Eric Hovland by calling the listener line at (888) 344-1170.

Safe voyages.

* MIKE WHITEHEAD is the Pilot’s boating and harbor columnist. Send

him your harbor and marine-related thoughts and story suggestions by

e-mail to [email protected] or visit https://www.boathousetv.com.