- Jun 2, 2008
- 5,024
- Boat Info
- 1998 450 Sundancer, Achilles dinghy w/15hp
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- 3126 Cat's
Can you help a kiwi out...whats a LEO...?
Law Enforcement Officer....
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Can you help a kiwi out...whats a LEO...?
Here it is: https://www.uscg.mil/history/faqs/hamiltonletter.pdf
In terms of paperwork on a USCG documented boat they want to see:
Original Documentation Certificate (not a copy)
Proof of safety course or captain's license (I carry mine in my wallet)
State/Local registration (if required)
If documented, I've had them check to ensure the hailing port and name on the transom match the documentation. Once I've been asked to see my documentation plate, which is in my engine compartment.
They have never entered the cabin on my boat, they always remain in the cockpit.
I'm actually happy to see them on patrol. We have so many idiots who have no idea what they're doing it's good to have them out there.
As for boarding authority; without getting into a long lecture about US code and Code of Federal regulations, the basic law is, Coast Guard personnel are empowered to enforce all Federal Laws on the water (where there is Federal jurisdiction, which is not every body of water) and are also custom officers. There are given the authority to board and search without a warrant and without probable cause, to inspect papers, cargos, safety equipment and so on. Yes, it may seem that your right to be free from unreasonable search and seizure is being violated, but if you examine the reasoning behind it and the history of it you will realize the necessity.
So you keep these items in your binder:
1) ALEXANDER HAMILTON'S LETTER OF INSTRUCTIONS
2) Original Documentation Certificate (not a copy)
3) Proof of safety course or captain's license (is this a requirement in every state for every vessel?)
4) State/Local registration (if required)
Anything else?
- Record of last black water clean out?
Proof of Safety Course or Captain's License?? A Safety Course is state by state and not a tenant of the USCG. The only requirement to yield proof of a Captain's License is if one is executing duties as a Captain like paying passengers or commercial work for hire and the USCG is inspecting when this is in process. Now presenting your six-pack as identification during the inspection is not a bad thing especially if your boat is up to spec. Of course no one with a captain's license would be in charge of a boat not to spec right?
State Registration is a State by State requirement and again not a tenant of the federal government; however proof of ownership may be by your state's registration.
The federal government cannot be deputized to execute state's law; the state, however, can do whatever they want.
You can argue with them if you want, but in DC waters you're required to have proof of passing a safety course. It's one of the first things they ask for when boarding. I mention captains license in lieu of a safety card. It's a D.C. Requirement, but D.C. Isn't a state and federal agencies have broad jurisdiction here. D.C. owns the river until you hit the Virginia shore.
Virginia now now requires a safety class for all operators. (This was phased in) As does Maryland.
I guess I wish ......
..... Bottom line is I get why the USCG needs to do what it does, but think the emphasis on recreational traffic without substantive reasons to believe they are involved in violations of customs, security or safety hazards is an inappropriate abuse of civil liberties and a misuse of limited resources.
I guess I wish I had a constitutional law professor handy to explain to me how Congress has the power to statutorily negate the rights of the constitution. My understanding has always been that the rights defined in the constitution cannot be abridged by ordinary law, only through Supreme Court interpretation and constitutional amendment. Congress can't statutorily negate the right to free speech, a jury trial or re-institute slavery.
By the expedience logic applied to the USCG, Congress could grant the FBI the power to search interstate vehicle traffic without probable cause and to ensure that the rules of interstate commerce were being followed and that vehicles had the necessary papers and safety equipment. Yet I'm sure that the FBI still loses search and seizure cases and still obtains warrants subject to probable cause. No, I don't think that the TSA searches before boarding an airplane are the same, either, as agreeing to a search is part of the voluntary contract entered into when choosing to use commercial air travel. No contract is in force for maritime travel within US waters.
In terms of practical necessity, I'm willing to grant the USCG these powers within the defined territorial waters and some distance inland for the purposes customs enforcement and national security. Yet it seems that this power is used quite often on non-commercial recreational vessels for weak reasons. Many recreational vessels incapable of ocean transit or meaningful commerce are boarded in intercoastal waterways where they are not a threat to national security or extremely unlikely to be engaged in cargo transit. Open water boardings are terribly inefficient methods of verifying safety equipment, operational paperwork or ownership.
Bottom line is I get why the USCG needs to do what it does, but think the emphasis on recreational traffic without substantive reasons to believe they are involved in violations of customs, security or safety hazards is an inappropriate abuse of civil liberties and a misuse of limited resources.
You can argue with them if you want, but in DC waters you're required to have proof of passing a safety course. It's one of the first things they ask for when boarding. I mention captains license in lieu of a safety card. It's a D.C. Requirement, but D.C. Isn't a state and federal agencies have broad jurisdiction here. D.C. owns the river until you hit the Virginia shore.
Virginia now now requires a safety class for all operators. (This was phased in) As does Maryland.
So, are you saying if I, from Florida, pass through those waters with a boat that documented and registered in Fl where no such requirements exists that I'm in violation of DC or Virginia, or Maryland jurisdiction (federal or not)?
I doubt they (the USCG or state) would go down that road. Your initial post alluded to be generic across the nation which is not the case.
Now for Virginia and Maryland if you are a resident and have a USCG safety inspection but don't have the state's credentials are they going to give you a federal citation? Doubt that too; now they may hold you and summon the state authorities who then can cite the captain.
No criticism of your opinion intended, but that point of view is precisely why we have to be vigilant. If the notion that recreational boats can't be violating the law were to become prevalent, it then becomes a weakness that could be exploited.
While I tend to agree with your sentiments, it is really quite simple. There is no 4th amendment violation to search your luggage when you arrive back in the US from a trip abroad because you are or have been off the land the constitution applies to, Your boat is off the "land" the constitution applies to.
I'm actually happy to see them on patrol. We have so many idiots who have no idea what they're doing it's good to have them out there.
So, are you saying if I, from Florida, pass through those waters with a boat that documented and registered in Fl where no such requirements exists that I'm in violation of DC or Virginia, or Maryland jurisdiction (federal or not)?
I doubt they (the USCG or state) would go down that road. Your initial post alluded to be generic across the nation which is not the case.
Now for Virginia and Maryland if you are a resident and have a USCG safety inspection but don't have the state's credentials are they going to give you a federal citation? Doubt that too; now they may hold you and summon the state authorities who then can cite the captain.
Question 6Yes. If you enter Maryland or Virginia water and MD Fish and Wildlife or a VA police agency stops you, you can be cited for not having a safety certificate. The counties on the Potomac River patrol heavily, especially on weekends. They tend to be the boats you see South of D.C.
In D.C. USCG will also enforce as will D.C. Harbor Patrol, who tend to patrol with USCG.
I in no way meant to imply a boating safety certificate/course was required nationwide.
For anyone opposed to a safety course, maybe you should look into what's actually involved. Many can even be done online:
https://www.boat-ed.com/ (It's $30) For some states BoatUS has a free online course. http://www.boatus.org/free/ DC Police Harbor Patrol also offer free courses.
It teaches you the basics of navigation, right of way, safety, etc. You're required to do this to get a drivers license, it always amazed me people can operate a boat with no formal training.
Question 6
Does the law provide for any exemptions or exceptions to the boating safety education requirement?
Yes, but only a few.
boaters in possession of a valid license to operate a vessel issued to maritime personnel by the U. S. Coast Guard or a marine certificate issued by the Canadian government are already covered. The law also allows for:
-a 90 day temporary operator’s certificate for the owner(s) of a newly acquired boat. This nonrenewable temporary operator’s certificate would be issued along with the certificate of number (boat registration) and gives the owner(s) of a newly acquired boat 90 days within which to successfully complete a boater safety education course, or successfully complete the equivalency exam
-operation with a rental or lease agreement from a motorboat rental or leasing business and completion of a dockside safety checklist
-operation under onboard direct supervision of a person who already meets the education requirement (so you can teach your kids or other family members/friends how to more safely operate a boat)
-operation by non-residents operating a boat registered in another state if they meet the applicable boating safety education requirements of their state of residency
-operation by Virginia registered commercial fishermen (pursuant to Virginia Code § 28.2-241) or a person under their direct supervision while operating the commercial fisherman’s boat
-operation by law enforcement officers while they are engaged in the performance of their official duties
-operation of the motorboat due to the illness or physical impairment of the initial operator and is returning the boat to shore in order to provide assistance or care for the operator
-Provides documentation that he is serving or has qualified as a surface warfare officer or enlisted surface warfare specialist in the United States Navy.
-Provides documentation that he is serving or has qualified as an Officer of the Deck Underway, boat coxswain, boat officer, boat operator, watercraft operator, or Marine Deck Officer in any branch of the Armed Forces of the United States, United States Coast Guard, or Merchant Marine.
Question 8
I think you’ve covered it already, but what’s the requirement for non-residents of Virginia?
Answer
If you are operating a boat registered in Virginia, you must comply with Virginia’s boating safety education requirement. If you are operating a boat registered in another state, but temporarily using the waters of Virginia for a period of 90 days or less, you must meet the applicable boating safety education requirements of your state.
https://www.dgif.virginia.gov/boating/education/faq/#what-boats-are-affected