Learn some new laws for a new year

Ahoy.

The new year will begin next week, and it feels like just last

night I was cruising in the Christmas Boat Parade.

My hat’s off to my fellow committee members on the Christmas Boat

Parade, the Newport Beach Chamber of Commerce’s Commodores, Newport

Harbor Patrol, Coast Guard Auxiliary and everyone else who helped

make this year’s parade a victory. Let’s not forget Mother Nature,

who for the most part kept the rain and winds calm during the parade.

However, I am curious about what you think about this year’s

parade, so send me your feedback on the “new” parade. I will list a

few in my column, so please be constructive, not just whiney.

Also, the new year brings new boating laws, which become effective

Wednesday. There are some new federal laws I will list in another

column, but here are a few of California’s new laws.

There is good news for the harbor waters with a new law that the

city of Newport Beach’s coastal/bay water quality citizens advisory

committee will especially appreciate concerning vessels and dye

tablets.

Code section 782(d) states that any boater suspected of

discharging sewage into a no-discharge zone can be boarded for

inspection if the owner or operator is aboard. The vessel’s marine

sanitation device may be inspected and a dye tablet flushed in each

head to check for any overboard discharge.

Before, officers could not board without probable cause or first

witnessing the discharge. The Coast Guard has always had the

authority to board. Now, the local harbor patrols have a little more

latitude to help prevent pollution.

Next, everyone knows that every vessel must have lifejackets and,

in certain circumstances, the lifejackets (or personal flotation

devices) must be worn.

However, harbors and navigation code section 658.3 (c) now makes

it possible for those using an underwater maneuvering device while

being towed by a boat to be in compliance. All persons are exempt

from wearing a personal flotation device while they are using any

device that is towed or self-powered and the device is for underwater

diving, turning and surfacing maneuvers. Always boat smart from the

start; wear your lifejacket.

Now, some boaters who are convicted of any moving violations while

operating a vessel will have to go to class. They will have to

complete and successfully pass a boating safety class within seven

months. The Department of Boating and Waterways will approve the

classes. So far, there are three approved programs.

Boating and Waterways has their own correspondence course called

“California Boating” at www.dbw.ca.gov or call (888) 326-2822

Also accepted is the Coast Guard Auxiliary program. For

information, call (800) 869-7245 or visit www.cgaux.org.

Lastly, the U.S. Power Squadron has an approved program for

details. Call (800) 732-7545 or www.usps.org.

Thinking about making a fake mayday call over your marine VHF

radio? Well, think again. Not only is it a federal crime, but

California has added CPC section 148.3, which could make it a felony

if the fake call is likely to cause great bodily injury of death to

anyone resulting from the call.

I spoke with Marty Kasules, Newport Harbormaster, since Marty

coauthored 148.3 with Jay Elder of Port San Luis Harbor District.

“This new legislation will allow local prosecution of people who

send hoax maydays,” Kasules said. “The legislation does two things:

First, the local district attorney can prosecute the case; and

secondly, all the rescue agencies that risk their lives on this type

of call will benefit should a rescuer be injured or lose their life

trying to affect a false rescue.

“In the past, there was a federal statute, and it was nearly

impossible to get the federal attorney general to prosecute as they

had bigger things on their plate,” he said.

The existing false reporting law has been rewritten to include

responses in authorized emergency vessels. The consequences can be a

year in jail, a $1,000 fine or both for making a fake call. And watch

for your children playing with the radio.

Lastly, personal watercraft (jet skis, Sea-Doos and the like) may

now only be operated between sunrise and sunset, paralleling the

hours for water skiing.

Happy New Year.

Safe voyages.

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

Send him your harbor and marine-related thoughts and story

suggestions via e-mail to [email protected] or visit

BoathouseTV.com.