Do you allow people on sundeck when boat is underway?

[ChuckW]

OK, before I get slammed for opening an older thread, I just came across it and wanted to add some data points that I do not see articulated. Namely quoting the boating laws.

There are clearly two dimensions here, what does the law say vs. what is the safe thing to do. I think everyone has presented great arguments on what is the safe thing to do, so I will not attempt to chime in there. To me it's like seat belts in a car. Do I wear them, yes. Do I want the gov't telling me I have to wear them, no. Enough on the subjectivity.

So I did some minor digging. Looking at my two favorite boating states, MA and FL. Here is the law that I found, and I quote.

MA - "Guardrails. A person operating a motorboat underway shall not permit anyone to ride or sit on the gunwales or on the decking of a bow, unless the motorboat is equipped with adequate guard rails to prevent persons from falling overboard. This provision shall not apply so as to prevent persons aboard a motorboat from standing on the decking over the bow in order to secure the motorboat to a mooring buoy or cast off from a buoy or for any other necessary
purpose."

FL - "In Florida, allowing any person to ride or sit on the bow, gunwales, transom, or on the decking over the bow of the vessel while underway is not recommended unless such motorboat is equipped with adequate guards or railing to prevent passengers from falling overboard. Passengers or other persons aboard a vessel may occupy these areas of the vessel to moor or anchor the vessel, to cast off, or for any other necessary purpose."

I underlined the key phrase in each law as I see it, "adequate guardrails". That seems a bit subjective to me, but makes the case that most guardrails will keep you clear of a ticket. In my boating course years ago, the instructor defined them as being 3' tall, not the ones on my 260DA which max out at about 16" tall. Additionally, MA states "shall not permit" and FL states "not recommended", a big legal difference.

Another noted point, by way of absence it does not mention sail boats, only motorboats. Good argument for the propeller issue, not the smack my head on the anchor on the way over issue. But I don't think the injured will care what caused the injury, only how bad it is. :smt021

Go easy on me, but just felt a little legal language was missed on this topic.:smt009

 

[chris41483]

This discussion reminds me of a quote by Sen. Chris Dodd of Connecticut, " Sometimes we need a little government to protect us from ourselves." I feel that as Captain, it is my right, and also my responsibility to look out for the people aboard my vessel. I use commen sense, and good judgement (something not used enough these days), to determine where I let people ride, I also understand that if a person aboard has good judgement, I let them do what they want, within reason. The bow is my favorite place to be, and If circumstances permit, by all means carry on, if I feel there is a danger, then I will recognize that people need to move. As most of the people I spend my time with have good sense, they are usally in the process of relocating anyways. Kids are a different story, but adults with good judgement should be allowed to do as they please within reason. I do not need the coast guard to instruct me on how to look out for my passengers safety on this peticular issue, as I care more for my passengers lives than I do about the money it would take to pay a ticket anyway.

 

[comsnark]

Blowboats are a bit different because there are significant operations (i.e. sailhandling) that require someone to go forward of the cockpit while underway. While not all sailboats have full "guard rails" (My 22' has lifelines up to the bow), there are usually places to grab onto (like the mast).