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Boating Safety Education Law Stakeholder Workshop

Hosted by the California Department of Boating and Waterways

Table of Contents

Section

1. Agenda
2. Welcome and Background
3. National Transportation Safety Board (NTSB) Presentation
4. Public Comments
5. Group Discussion of Specific Elements in Boating Education Legislation
6. Additional Approaches and Options
7. Next Steps
8. Actions Participants Agreed to Take

August 17, 2006

Clarion Hotel, Sacramento

Agenda

Agenda
Boating Safety Education Law
Stakeholder/Workshop Meeting

August 17, 2006
9:00 a.m. – 5:00 p.m.
Clarion Hotel, Terrace Room
700 16th Street, Sacramento, CA 95814

Welcome and Background – Raynor Tsuneyoshi, Director, Department of Boating and Waterways

• Purpose of the stakeholder meetings.
• Background of boating safety education in California.
• Summary of July 20 meeting in Los Angeles

Introductory Discussion and Agenda – Heidi Kolbe, Facilitator

• Names and organizations represented.
• Interest in this meeting and topic.
• Discussion plan.

National Transportation Safety Board Report – Bill Gossard

• National perspectives on boating safety.

Building on the Previous Meeting: – Steven Andersen, NewPoint Group

• Overview of “State Boating Safety Education Laws and Requirements Digest.”
• Research and refinement from previous meeting.

Legislation Options for Consideration – Heidi Kolbe, Facilitator

• Group discussion of information packet (to be sent/reviewed in advance).
• Discussion of specific preferences.

Lunch Break (11:45 – 1:15)

Group Discussion of Specific Elements in Boating Education Legislation – Heidi Kolbe, Facilitator

• Review and evaluation of options.

Develop a Consensus Recommendation for California – Heidi Kolbe, Facilitator

• Summary conversation pulling elements into an overall recommendation.

Sponsorship of Legislation – David Johnson, Deputy Director, Department of Boating and Waterways

Next Steps – Heidi Kolbe, Facilitator

• Identification of additional information needed.

Closing - Raynor Tsuneyoshi, Director, California

Welcome and Background

Raynor Tsuneyoshi, Director, Department of Boating and Waterways

On behalf of the Department of Boating and Waterways, I would like to thank you for your willingness to take part in a discussion that will have important implications for all of us.  There is no question that California’s boating accidents and fatalities are too high.  That’s a problem for anyone who cares about boating and about public safety.

According to a Coast Guard report, 63 percent of California’s boaters have never taken a boating safety course.  In recent years, we have seen a trend toward greater support for the idea of requiring boating safety education in California, but we want to find out what you think.
This is the second of two meetings Cal Boating is hosting on this subject.  We held the first meeting July 20 in Los Angeles.  Nearly 40 people participated in the all-day workshop including boaters, representatives of boating interest groups, boating accident victims, safety advocates and educators, marina operators, boating law enforcement officials and government agencies.

During the course of that meeting, anyone who wished to do so had a chance to speak.  Many issues were raised and were either resolved or were identified for further inquiry.  You will see the results of some of that additional research today.   The purpose of that meeting was to present information on boating education requirements in other states and the impact legal requirements have had on boating safety.  We reviewed facts and figures on the state laws throughout the nation and saw clearly that there has so far been no one-size fits all application for boater education law.

We also conducted an informal poll at our Los Angeles meeting and found that 80 percent of participants strongly support the concept of developing a boat operator education requirement in California.  Based on such a strong response, the majority of today’s meeting will focus on the potential forms such a law might take.

The variations on structuring a boating education are so vast that no two states require the same thing.  The questions we will address today are going to require strategic thought on how a California law might work, including provisions about age requirements, type of vessel, reciprocity with other states, boat rental requirements, penalties, administration, and many others.  Each detail is important to someone.  We hope to leave here today with a framework for a bill and, in the best possible scenario, a sponsor for that bill.

I would like to mention that a US Coast Guard report on boating education is now out in draft form.  This is an important comparative review on how successful mandatory education laws are in different states.
There are two critical findings:
1) A Quick Phase-In of a mandatory education law provides a greater reduction in fatalities than “slower-phased” approaches.
2) “Youth-only” based laws are misdirected because the median average for fatal accidents is 40 years of age.

At this time, the Department of Boating and Waterways is not in a position to sponsor legislation on this issue.  Cal Boating would, of course, be available to provide technical assistance as necessary to a stakeholder group that would wish to sponsor such legislation for 2007.

We have retained the services of some very valuable consultants to assist us in this process.  I’d like to introduce Heidi Kolbe of Heidi Kolbe Company.  She is a professional facilitator and will be helping us achieve our communication goals today.  We have also been fortunate to have the aid of Ed Kaempf and Steven Andersen of NewPoint Group who developed the preparatory material you received.  They will also present information today that I know you will find useful.

Thank you for your participation!

 

National Transportation Safety Board (NTSB) Presentation

Bill Gossard, National Transportation Safety Board

NTSB is an independent federal agency that makes recommendations.  There are five presidential Board members.  We have a new chairman who is very pro boating safety.  We have lots of modes (aviation, etc.) to work on.  Recently, cruise lines have been a safety issue.

There are three elements that help prevent fatalities nationally:

• life jackets
• education
• operator license

These three elements were developed starting in 1993 with recommended cases for studying nationally.  We are relying on state accident statistics.

In 1996, only three states had mandatory education.  Today we have 37 states and territories.

In California, no one is looking to safety of vessels.
California is #2 or #3 in boating fatalities.
In 1999, California vetoed the law and since has lost 100 lives that could have been saved.
California is a leader in boating safety – but not in requiring education.
California influences other states.  They will follow California’s lead.  Education is important for big or little boaters.

Responsible individuals don’t like to be impacted by boaters that do not know rules of the road.

Attended the Nevada Boat Block (BUI check)

• 183 boaters brought in
• mothers of drunk boaters thanked law enforcement

Lake Mojave – 67% from CA – shared several examples

• PWC – mandatory PFD wear – had to jump off PWC before they hit dock in front of police.
• Big boat, with family, brand new, high powered – we thought they might take all of us out docking.

People need education and practice.

 

Public Comments

Kevin O’Leary - Pacific Power Boating Representative

• Who among us would board a plane, cruise ship or even a bus if we were not confident that the operators had hands on (proficiency) training?
• Why is it different for recreational vessels? Is a 25 ton vessel, traveling at 25 miles an hour in a congested area with an incompetent skipper at the helm not a hazard to public safety?
• Eight out of 10 recreational boating accidents are caused by deficient proficiency in operating the vessel.
• NASBLA does not include proficiency training in any of their programs. Why not???
• There needs to be proficiency – hands on experience in the water as well as a written test.
• Governor Davis said in his veto message to the legislature in 1999, stated that there is little evidence that classroom or Internet training alone reduces accidents.

Jack Paden – Represents Self

• Has computer background and a few out of the box ideas to share.
• Regarding Licensing – If there is a license, I presume it will be enforced by showing it to arresting officer and at that time, the law is cited.  What happens today to boats that are going too fast?  The officer asks for personal identification which is the Driver’s License.  What do we need another number for?
• Assuming the officer writes a citation (Sheriff writes it up and identifies person by Driver’s License number).  I assume this comes from DMV to DBW.
• A separate licensing program will not get us another thing.
• Assume safe boating is the primary objective.  We cite those breaking the law.  We do not want to duplicate another enforcing agency.
• The DMV information should go to DBW.
• I recommend that information be kept centrally on one database.  It should be maintained at the state level. Two things should be maintained: certificates and citations. Then we will have history and statistics on how effectively the program is working.
• If DMV sees citations on records, they could send a warning for a safe boating course. 
• There should be an incentive, such as a $100 refund, when someone takes the course after they have been cited.
• Insurance discount is the main reason people take our classes now.
• Enforcement of laws will do no good for the guy that does not get caught.
• I have been running California boating review.  We issue the DBW safe manuals (California Boating: A Course for Safe Boating) and review the exam.  Then we give them the exam in the back of book.  DBW says who has passed and has not.

Cary Smith – President, CBSOA (California Boating Safety Officers Association)

• The CBSOA is the most inclusive organization of boating safety officers in the State and we believe boating education is paramount.
• We believe it is important to include the CBSOA in the boater education process as we are the ones on the water responding and dealing with accidents and incidents. Many cases are reactive in nature, in a rescue or response mode.  Search and rescue cases can also become recovery efforts.
• Our members deal with the families of victims, and in many cases we are the bearers of bad news, which is not something any of us likes doing. It is a tragedy for all involved each time we come back with someone in a body bag.
• We believe many challenges on the water can be solved through boater education.
• We are proactive with education efforts, but there are not enough of us on the water to reach all boaters. Many of our contacts are made as a result of a behavior or boater breaking a law. There is not always time in the day to contact boaters for positive behavior.
• There are not enough educated boat operators out there and the problem is getting worse.
• Confined or limited space on our waters, especially in smaller lakes and in the Delta is a challenge. Rules of the road and education will reduce accidents and injuries. Many boat operators are not aware of rules, and this may result in an accident. Challenges include rules for passing other boats, wake jumping and the rotation on a lake. Mistakes can include going clockwise on a counter clockwise lake, or cutting the inside of a levee in on the wrong side of the waterway.
• There is more power in smaller boats today, and speed can mean less time to react to potential problems. Speed can be dangerous and hands on education would help reduce incidents.
• The nature of who is on the water has changed over the years.
• There are more people today on the same amount of water. Crowded conditions on the water can cause increase water surface conditions, and lead to close encounters with other boaters.
• We need to have more boating safety officers on our waters.
• Both public and private sectors need to work together.  The industry should support educational efforts or classes for new boat owners. Education programs could be promoted through boat dealers. Incentives could be included for new boat owners when purchasing a new boat through the dealer.  
• Accidents and fatalities can be tragic. All of those involved in a fatality on the water have their lives affected. The scope reaches not only the families, but friends and all of those who took part in the rescue or recovery effort.   
• We believe proficiency on water needs to be taught through hands on education. Things such as docking and rules of the road could be done with an interactive videoconference or other new technologies so at least people could see what to do.
• Different teaching methods work for different people.
• I was deeply disappointed with Governor Davis and his veto of the previous boating education legislation. We would not be here today if that legislation were enacted. California is on the cutting edge of boater education, and to make some of these programs mandatory would save lives.
• Our organization will do whatever we can to pass a mandatory education law.
• We like to be on the water with people having fun – We do not enjoy responding to serious accidents or fatalities. Our membership is prepared for most any event on the water, and that is a result of ongoing training and education. Why should it be any different for the boating public? Boater education will reduce accidents and incidents, and save lives on the water.

Robert Benich – Chairman, Morgan Hill Planning Commission

• Not boater.
• My son wanted to buy a boat and announced that there was not a requirement for a safety course.  I thought this was incredible as an observer.
• Grey Davis missed the boat.  I am in favor of boating safety.
• There is a difference of opinion about classroom training and proficiency on the water.  Motorcycle education provides a choice – either a demonstration for DMV or a highway safety course with riding.  In the end the operator receives a certificate and the Driver’s License is stamped motorcycle with MC.
• The infrastructure is in place and this can be done easily.
• Don’t create a new bureaucracy.

Lenora Clark – VP RBOC and DBW Commissioner

• A boater of 30 plus years, resident of Discovery Bay, concerned about being a good steward of the environment.
• PICYA – appointed me as Director to Recreational Boaters of CA, which is the lobbying arm.
• RBOC is very active in promoting boater education and opposed the previous bill that did not have an educational component but merely provided for a test and licensing.
• I am Vice Chair of the Boating and Waterways Commission and we are charged with providing greater access to the waterways for Californians.
• RBOC – does not have an 'official' position on this issue at this time.
• We are here to seek to learn the how and what this will entail.
• Regarding the how of implementation in CA – We are very concerned that it does not become a bureaucracy and siphon funds to DMV to take whatever they will charge.
• When California has over 1 million boaters, we mayneed some type of education.
• This meeting is problematic in that we are not discussing the digest (State Boating Safety Education Laws and Requirements Digest).
• Came to this meeting hoping that this would be an open dialogue and exchange of ideas and information.
• I am dismayed that it appears that mandatory education was a foregone conclusion before this workshop started.
• RBOC is for boater education.  We have the US Power Squadrons and USCG Auxiliary that have excellent education on a voluntary basis.  We need to use things that are already in place.  There should be a standard certification for public and private education.

Nathan Benich – Represents SCALUC, Commissioner

• Community involved – Morgan Hill and San Martin (south valley).
• Purpose of speaking – to speak on common sense.
• Motivated by Bill Gossard’s passion.
• I agree that boating safety requirements are not 100% of the answer.
• Education just creates foundation.  You need a solid foundation that gives you some credibility of knowledge. Certification or licensing gives credibility to the sport.
• This is common sense for California.
• I frequent  Lake Berryessa.  I do not allow alcohol on my boat.  There have been zero people saying that they did not have a good time on my boat because of this.
• I am in full support of some type of boating education.
• I was in the paper about my mandatory education support and lots of people called me.

Larry Skahill – Boating accident victim

• There was a Log article and I want to clear up accident details.  I was in a swim area within the buoys.  The boat came into the area and nearly cut me in half.
• They had to give me strong drugs for the pain so that I could survive, which was a miracle.
• Education is not about the numbers – it is about the personal loss.  If your son dies, it changes the numbers.  This is about saving lives in the future.
• I have no proposal on how to implement.
• There are people who oppose this.  We need to listen to these people.  Maybe we can make a stronger bill if they have valid reasons to make a change.  (i.e. exemptions for yacht club members training their children)
• I want to talk about another victim – the man who ran me over.  He is a nice guy.  They were not paying attention. During surgery, he was at the emergency room and cried the whole time.
• Lives will be saved by this education.  In California, this means 50-75 lives per year.
• When an accident happens, people say “If only I had known, a life would have been saved.”
• When you live with a death, you are also a victim.
• For those of you that think you are protecting the access – we have the knowledge and statistics to show this law will make a difference.
• You were given access to the information - your organization and partner were at the last meeting.
• RBOC, you were given access to speak to the issue. 73% of boaters support education.  If RBOC is working in opposition to that, you do not represent the boaters. You should change your name or change your stand and support this legislative attempt.
• If something is not done about this problem, the people in this room will not be able to say that they didn’t know.
• Find a way to support this effort and save lives.
• Dr. Laura is on this issue. I’m in email contact with her.

Rags Laragione - President, Maritime Institute

• Has had 9 military commands and trained Navy SEALS.
• Involved in Boating Education - 30 US Coast Guard courses.
• These courses are POST certified.
• Everyone agrees there should be boating education.
• How do we train a million people?
• The Coast Guard Auxiliary and Power Squadrons may be the vehicle but need to get young people involved.
• If it’s not mandatory, people won’t go.
• Their advanced course is 80 hours – would the public course be 8 hours?
• Maritime Institute has educators and is willing to help develop the course.  We don’t know how to support but we want to be involved.
• I have been on the water all the time, training people in 26 countries.
• Example given: I was on the water with a buddy and there was a Naval War Ship.  I asked what he was going to do and he responded, “I think we can make it.”  It’s the little things that count!

Brad Gross - Manager of Marina Operations for the San Francisco Marina, and Director representing the California Association of Harbor Masters and Port Captains

• HMPC is an almost 60 year old association with member up, down and across the state.  Our members consist of the gun and badge types, municipal employees, marina owners and employees of marina owners.  Many of our members have no enforcement authority, and are simply running a marina. (Trying to run a safe and efficient business.)
• Our members support education, safe boating, environmentally progressive boating, and marina management.  We see the association that Mrs. Clark is representing, Recreational Boaters of California as our customers, and we are one of those associations she was referring to, that are many times in support of their issues and programs.
• We are also a big supporter of the Department of Boating and Waterways.  So as an association, we like the DBW and RBOC, are not assuming a position on the issue of boater licensing, rather, we will support whatever the outcome of these meeting may be as long as the results are fair and supportable.
• I would like to stress one point regarding the potential pending legislation.  We at the marinas, and specifically, the Harbor Masters, Marina Managers or Operators are what have been termed the "funnel".
• Most boaters at one time or another funnel through our offices, so many times, new policies, procedures, laws and enforcement efforts look to us to administer or enforce the new programs.  We are not interested in taking on that role with a new program that may be recommended. 
• There are already enforcement opportunities and operations existing and we would encourage the decision makers to utilize those opportunities rather that looking at our members to be the enforcement tool.

Marion Irving de Cruz  (Emilio’s Mom) - SPIN – Stop Propeller Injuries Now

• SPIN has been working at the federal level advocating legislation and regulations to prevent open propeller injuries and fatalities.    We believe that the solution to this specific accident scenario is primarily technological as the first line of defense;  education a second line of defense.  In the end, it is never what you know when you are within striking distance of a propeller.  The propeller always wins.
• Has a booklet on how to avoid propeller injuries to distribute.
• Strongly endorses mandatory education.
• Since l999 California has consistently placed first or second in accidents, fatalities and injuries.  In 2005 we are again first in accidents and injuries, second in fatalities.
• Page 4-3: 5.1 Operator responsibilities (quoted from booklet) – it’s a huge responsibility to give to the operators when we do not mandate any boating education.
• It’s unfair to label these accidents as operator error when they are not required to have education.
• Created a pyramid of education and described:
  • The vessel
  • Wind, water, and environment
  • Preventative mindset (the recreational mind)
  • Dealing with accident scenario, the cause, the impact, how to avoid
  • Rules of the road
  • Operator proficiency
• Disappointed that DBW would not sponsor a bill.

Ed Sweeney - Private Citizen (also a Coast Guard Auxiliary member)

• Can’t teach common sense but you can open someone’s eyes. Many boating safety class students have told me, “I didn’t know what I didn’t know.”
• Need for boating safety education is paramount and action needs to taken now.
• Education should be mandatory for everyone, of all ages, and renters.
• Example: 12-year old boy wakeboarding on Sacramento River, boy had cast on his arm, fell in, dad was not wearing life jacket, dad jumped in, now two people in water having trouble, and mom and daughter in boat had no idea of how to handle boat.
• Usually when one sees an accident, there is a shift. Every time I go out I see an accident or "near miss." 
• Most people I've spoken with are outraged that there is no mandatory training  for boats.
• We’re outraged that there is no mandatory training.
• Some education is better than none. Can start with classroom – get in-class started now. Can add on-water later.
• Think of this like Driver’s Education. The majority of licensed drivers have had classroom education.
• Let’s pass this now. CA usually leads the way on progress.  Don't let CA be the last state to enact boating safety legislation.

Margot Brown - Represent National Boating Federation (two million members) - SF Bay Harbor Safety Committee

Will take up a few personal issues:

• If you are going to have mandatory education, it has to be for all boaters. Can’t exclude self-propelled vessels (kayaks, canoes, etc.).
• I have labels to put on rental kayaks to warn renters to look out.
• Most accidents can be traced to improper look-out. This is hard to teach.
• Needs to start in grade school.
• Pass a mandatory PFD law (most deaths happen with a single boat on clear day with calm waters) - PFD most important legislation.

Leonard Komor - United States Power Squadrons (written statement)

• My name is Leonard Komor, and I am a member of the United States Power Squadrons (USPS), and more specifically the Diablo Sail and Power Squadron, headquartered in Contra Costa County.
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My Qualifications:
My qualifications for addressing the issues at hand are as follows:

• I have taught the USPS Public Boating Class as its chairman for over 30 years in Oakland, Albany, Antioch, and Martinez.
• As Staff Commander at the national level, I was the Assistant Chair of the Committee which wrote the last elective course in the library of USPS courses known as Cruise Planning,which was an instantaneous success.

National USPS's Position on Public Boating Safety Classes is:

• Make them mandatory.
• Accept any NASBLA approved course, from any qualified agency, which has been pre-approved by the Department of Boating and Waterways, preferably with a proctored exam at the end of it.
• This is also the position of District 25 of USPS here in Northern California.

My personal position is as follows:

• I have been boating for over 70 years. I have navigated my boat as far as Alaska, as well as the Delta and in most lakes in California and Nevada.
• As a professional pilot with Pan American Airways, I learned the salient fact of how important it is to know where you are at all times. That is why we teach D.R. Navigation in our basic public boating class.
• A 40-foot Vroom Boat going past me within 20 feet of my starboard side at 40 MPH when I was navigating on radar at less than 5 MPH
• On another occasion almost killing a PWC operator who was jumping my wakes and fell while turning in front of me for another go at it, when I was moving at 25 knots.
• Convinced me that there should be mandatory boating safety education.

But having said that, I would like to make the following points:

• I would hope that Cal Boating would not write and administer its own newly written course, thus reinventing the wheel.
• The Power Squadron and the Coast Guard Auxiliary both have excellent public boating courses that have stood the test of time.
• The USPS course has been again upgraded this year to become a Power Point Presentation, which is nothing less than professional.
• We have educated millions since we started the free boating course in 1914. And no one gets out of a Power Squadron course without taking a proctored exam.
• We teach this course in D25, in 11 cities in Northern California and tuition is free. Total cost to the student is cost of the syllabus and navigation equipment if he wants to buy the equipment we loan him to learn the D. R.
• The only problem with these classes is they are grossly underutilized. I have taught classes which had 5-10 students in them.
• We would hope you would designate organizations such as ours to give the required boating course, which would qualify as fulfilling the mandatory education requirement to operate a boat in California.
• It is not a moneymaker; it is our public service which makes USPS an IRS 510(c)3 organization.

 

Group Discussion of Specific Elements in Boating Education Legislation

Heidi Kolbe and Steven Andersen led an audience discussion and poll on a number of boating-related questions, using a TurningPoint® audience response system.  Heidi and Steven shared background information and then the audience was encouraged to share issues, advantages, and disadvantages of different law element options.  The audience was able to add additional options.  After a discussion period for each question, the audience voted anonymously on their preference for each potential legislation element. 

Background: Existing Boating Safety Education Certification in California

• The California Department of Boating and Waterways (DBW) administers existing California boating safety education programs
• Fifteen boating safety education courses are approved by the DBW.  These courses also meet National Association of State Boating Law Administrators (NASBLA) requirements. 
• NASBLA requirements ensure standardized course content
• NASBLA requirements include information on operator responsibility and accident prevention
• DBW-approved boating safety education courses are available in classroom, home-study (correspondence), and internet-based (online) formats.
• Courses acceptable for boating safety education certification in California include:
• U.S. Power Squadrons: America’s Boating Course, Boat Smart, and Squadron boating Course
• U.S. Coast Guard Auxiliary: Boating Skills and Seamanship, America’s Boating Course
• DBW-approved courses from American Boating Education, American Sailing Association, Boat Ed, PWC Safety School.com, US Sailing, and several other providers

Summary Question: What is your position regarding a boating safety education law?



Phase In: Over how long a period should boating safety education requirements be phased in?

1. Short (4-6 years)
2. Medium (7-9 years)
3. Long (10-12 years)
4. Very Long (Over 40 years – those born after a certain date)

What we know:

• That the median age for fatalities is 40 – so might need to apply to all ages
• We have a tremendous number of people to train
• Two states that had the most dramatic drop of fatality levels had 5-year phase in periods
• We already have 15 boater safety education programs approved – we don’t need to develop new programs
• It will take DBW 2-3 years to prepare for implementation on top of the phase in time. For instance, the short phase in would take a total of 6-9 years
• There is some money for implementation
• California has between 1-3 million boaters
• Multiplier may be 4 – probably looking at 3-4 million people who would need a course (New Jersey had 4 times the number applying than expected)

Vote Totals for Question 5.1


General: What should be the requirement for boating safety education certification?

1. Safety education course and on-the-water proficiency exam for all operators
2. Safety education course for all ages, and on-the-water proficiency exam for those under 18
3. Safety education course and exam
4. Safety education exam

* DBW would develop standards for on-the-water proficiency exams

Issues:

• Type of boat might be an issue
• Winter might be an issue
• Not water in every community – Los Angeles is not boating-friendly – where would they get proficiency tested? However, really powerful

Option: Safety education course and on-the-water proficiency exam for all operators

Advantages

• More proficient boaters
• People who can get back to dock safely
• Less boaters on waterways
• Passengers would feel safer
• We want people to have practical experience – just like with cars
• Technology could be available to simulate the experience
• Could be classes of testing/licensing, such as with motor vehicles. “I want the kayak test”

Disadvantages

• Yacht brokers out of work
• Who would provide the proficiency exam and increased cost to provide it
• Difficulty in implementing in a reasonable time
• Uniformity – how do you give an exam that covers both ends of the spectrum
• Getting the political buy-in
• The practicality of doing it

Option: Safety education course for all ages, and on-the-water proficiency exam for those under 18

Advantages

• Short term benefits with phase in for proficiency
• Good place to start – could be expanded from there – if proficiency is important
• Make it for families – would reach more people

Disadvantages

• Only Utah has this but youth have to be with their parents. Utah’s culture is different from CA’s
• It’s probably politics
• Misses the groups (ages) that are really involved in accidents – but they don’t vote so we can slide it in

Option: Safety education course and exam

Advantages

• Most realistic in terms of politics
• Have instructors who share real-life experiences

Option: Safety education exam

Exactly what we do with our driver’s licenses

Advantages

• Quick to implement
• Less cost
• Experienced boaters would qualify
• Easiest starting point to get something moving (but shouldn’t be the end of the road), A start, not necessarily an end
• Good tool to evaluate what’s in place
• There would be a pool of at least 500 questions

Disadvantages

• Takes an instructor to put things into perspective
• People will cram for the exam – Cliff notes
• Would lack in-depth knowledge
• Foster a false sense of security and competence. “State says I’m ok to go – therefore I can drive this 60’ boat”
• Lack of self-discipline
• Would be a test of test taking and not on knowledge
• Wouldn’t test skills – only knowledge

Vote Totals for Question 5.2


Grandfathering: At what age should operators be exempt from safety education requirements?

1. None (no exemption)
2. 60
3. 50
4. 40

For those who already have a certificate

Advantages

• Grandfathering would pare down the number of people who would need to be tested
• May not be the right thing to do, but might be political

Option: None

Advantages

• Question whether age has anything to do with knowledge or learning
• The most equitable option and it doesn’t target a specific group
• Most people will have the certification that would supercede this
• Many retirees who are buying a boat for the first time, may not have any experience – they need education
• Age does not equal experience
• New inexperienced boaters come in all ages
• Reaction time increases with age

Vote Totals for Question 5.3


Challenge: What option, in lieu of a safety education course, should be available for those who consider themselves knowledgeable about boating safety?

1. None
2. A proctored (supervised) exam
3. Any exam from a California DBW-approved course,  including an on-line course
4. If there is proof of a course, you make take the approved exam
• A person who has already taken a course sometime in his/her life – DBW approved
• A person, with no experience, could study the book and pass the course

Option: A proctored (supervised) exam

• We would know who is really taking the exam

Option: Any exam from a California DBW-approved course (including online)

Disadvantage

• Don’t have proof of who is taking the exam

Option: If there is proof of a course, you may take the approved exam

Advantages

• Reward for conscientious people
• Would force folks who took a course 40 years ago to be up-to-date
• Would have some political support
• Would go in their record

Disadvantages

• Who decides you have proof? – the administrative agency
• Cost

Vote Totals for Question 5.4


Renters: What safety education certification should be required for operators of rental vessels?

1. Full certification required for operators
2. Abbreviated safety presentation and short exam required for all potential operators
3. No certification required

Two types of renters

• People who reserve and have plenty of time to prepare (Lake Shasta)
• Spur of the moment (Tahoe)
• A lot of accidents and fatalities are with borrowers, not renters
• Tourism issues
• Some rental businesses make you prove you can handle the boat
• Different states have chosen each of the options.  Florida licenses rental agencies and then uses a mystery shopper system to check for compliance

Option: Full certification required for operators

Advantages

• Statistics show that a lot of accidents do come from renters
• Help decrease accidents
• Have to be certified to rent diving equipment
• Knowledge is what prevents accidents – hasn’t anything to do with renting
• You could also hire a captain
• As a boater, I want to know that the renters are just as knowledgeable
• Rental course could be tailored to the area and type of craft
• Rental companies might have time to respond given phase in
• Doesn’t matter who you are. Being a renter doesn’t give you the right to hurt someone
• Getting reinforced on safety each time they rent

Disadvantages

• Would force 80% of rentals out of business
• Politically unacceptable

Option: Abbreviated safety presentation and short exam required for all potential operators

Advantages

• More politically acceptable
• Could be specific to that experience – tailored to specific area and vessel
• Courses being developed for renters
• Majority of rentals are on lakes, so could be abbreviated
• PWC accident rate has dropped dramatically. Has track record with some effectiveness
• Analogy of diving is a good one

Disadvantages

• Rental people may have a different set of priorities
• Who will watch over the rental agencies to see that the course is appropriate to vessel and place?

Vote Totals for Question 5.5


Reciprocity: What should be the certification requirements for non-resident vessel operators?

1. Exempt for up to 60 days if operator has passed a NASBLA-approved course
2. Exempt for up to 60 days if operator meets home state certification requirements
3. Exempt for up to 60 days
4. No certification required

Reciprocity would be in place with a NASBLA approved course and no time limit and/or take an abbreviated safety course and exam

Trailering a boat from another state

• Shouldn’t matter if they’re from another state or country – we want safety
• CT is most stringent – you have to have a CT test unless you have a certificate from NY, Mass, RI
• What do we do with hunter safety issues and licenses?
• Different states have different issues – may not apply to CA conditions

Option: Exempt for up to 60 days if operator meets home state certification requirements

Disadvantages

• Shouldn’t matter if they’re from another state or country – we want safety

Vote Totals for Question 5.6


New Owners: What should be the certification requirement for new buyers of vessels?

1. Certification required before operation
2. Exempt from certification requirement for 30 days
3. Exempt from certification requirement for 60 days
4. Exempt from certification requirement for 60 days if they have taken an abbreviated course and exam
• Would apply to a buyer of a used boat
• Has to be registered before using

Option: Certification required before operation

Advantages

• Holding new owners to standards of renters, non-residents
• Not a threat to life and health
• Most vulnerable/dangerous time is immediately after purchase
• Would get dealers involved in getting folks educated
• Need a license to operate a car
• People usually plan boat buying – would have time to take course
• As a boat dealer, we always give our customers a course on safety, we take them out on the water, we have the delivery captain spend time with them on the water
• You could buy the boat, just couldn’t use it without certification

Disadvantages

• Political expediency
• Disincentive to sales
• Every boat dealer will be against this
• Dealers selling smaller boats might not train but depends on dealer
• They don’t ask you for a license when you buy a car (except for credit purposes)

Vote Totals for Question 5.7


Financial Penalty: What should be the financial penalty for operating a vessel without required operator certification?

1. Misdemeanor: $100 base fine; $1,000 max. fine
2. Misdemeanor: $50 base fine; $500 max. fine
3. Infraction: $250 base fine; $1,000 max. fine
4. Infraction: $50 base fine; $250 max. fine
5. Infraction: $25 base fine; $100 max. fine
6. No financial penalty

What we know:

• Not possessing a driver’s license is a misdemeanor – fine is $500-$1000
• Not having a fishing license is a misdemeanor – fine is $250
• Misdemeanor entails a mandatory court appearance
• Misdemeanor may have built in system that turns subsequent misdemeanors into felonies
• When carpool lane fines went up, there were fewer cheaters

Advantages

• Enforcement needs to have some penalty

Disadvantages

• If they’ve done something wrong, there are already large penalties (if they’re stopped, it’s probably because a flagrant violation has occurred)
• Harder to get through the legislature
• Just want to get the message out – don’t necessarily need a financial penalty

Option: Infraction; $250 base, $1000 max fine

Advantages

• Not a license so an infraction is probably more appropriate but carpool experience shows the fine should be higher

Vote Totals for Question 5.8


Course Required: Should an operator convicted for violating the certification law be required to complete a safety education course within a certain time period?

1. Yes, within 60 days
2. Yes, within 120 days
3. No
4. (Yes, within) Current requirement; 7 months

Option: With current requirements, violators have 7 months to take a course

Advantages

• Sort of like traffic court
• If you get a BUI or a moving violation, the judge can remand you to a safety education course.

Disadvantages

• Current law is 7 months for BUI or moving violation

Option: Yes, within 60 days

Advantages

• Judges are good about giving people extra time, if needed

Vote Totals for Question 5.9


Waiver:  May a court allow waiver of penalty if violator takes a safety education course after a citation?

1. No waiver allowed
2. Yes, if course taken within 30 days of violation
3. Yes, if course taken within 60 days of violation

Advantages

• Supports education
• Judges would be sensitive to financial hardships – allows for financial hardship
• Judge could reduce the fine. For instance, judges can reduce the fishing license fine down to $50 (but not below $50)

Disadvantages

• Takes away motivation to take the course. “Well, if I get caught, I can always take the course. If I don’t get caught, don’t have to ever take the course”

Vote Totals for Question 5.10


Proof: Should the penalty be waived for an operator not carrying an existing safety education certificate when cited?

1. No waiver
2. Correctable violation; violator may have citation signed off and submitted to court with nominal processing fee

Option: Correctable violation; violator may have citation signed off and submitted to court with nominal processing fee

Advantages

• Would love to have this option if I forgot my safety certificate

Vote Totals for Question 5.11


Proficiency Exam for Violators: When should a hands-on (on the water) boating proficiency exam be required for violators of boating laws?

1. Requirement for operating without required safety education certification
2. Requirement for any boating moving violation
3. Requirement for operators convicted of major moving violations, BUI, and reckless boating
4. None

* DBW would develop standards for hands-on proficiency exams

Advantages

• Might be a way to start gathering information about what would be involved in proficiency
• Perhaps it could be an option for Judges’ Tool Bag
• This puts some teeth in the law
• Might need to be separate legislation
• Emphasis should be on education. If education doesn’t take, you have screwed up badly. Take the consequences

Disadvantages

• Not in line with what happens with cars – I don’t have to take a driving exam if I’m in an accident while driving my car
• Let’s not get too far from education
• Logistical issue for people who live away from examiners
• Will be more politically more unacceptable if stricter than what happens with cars

Option: Requirement for operators convicted of major moving violations, BUI, and reckless boating

Advantages

• Could also include the second violation of #2

Vote Totals for Question 5.12


Power: For what motorized vessel horsepower should boating safety education be required for operators?

1. All motorized vessels
2. Vessels with a motor of greater than 15 hp
3. Vessels with a motor of greater than 30 hp

Advantages

• Should apply to all vessels – not just those with motors
• Lots of accidents with fishing boats – 30% or more of fatalities are with fisherman
• Majority of small vessels flunk safety checks
• Horsepower has nothing to do with safety
• If there’s a CF number, then have to take the course – all registered vessels

Disadvantages

• Some people just fish in a little boat

Vote Totals for Question 5.13


Sailboats: For which sailboats should boating safety education be required for operators?

1. All sailboats
2. Sailboats over 8 feet long
3. Sailboats over 14 feet long
4. No sailboats

Sailboats over 8’ have to be registered

Advantages

• There could be certificates for junior courses

Disadvantages

• Many young children start out on small sailboats and probably aren't old enough to take a test
• Training courses for children – do we really want them all to be certified
• Exemptions for youth training courses needed

Vote Totals for Question 5.14


Other non-motorized vessels: Should certification be required for operators of other non-motorized vessels (e.g., canoes, kayaks, rowboats, etc.)

1. All non-motorized vessels
2. Hard-sided vessels (non-inflatable)
3. No certification requirement
• Definitions are really important here. Inflatable kayak versus kid’s blow-up toy. Inflatable raft day in Chico
• Where are these vessels going to be? Navigable waterways? Open waters?

Disadvantages

• Bicycle riders can get citations and must obey motor vehicle laws but they are not licensed
• No other states require besides D.C.
• White water is an issue
• Will lose political support
• Big difference between what we want and what we can get

Vote Totals for Question 5.15





Additional Approaches and Options

Approaches and Options Posted on Wall:

• Should there be an exemption permitted for marine events?
• Advising majority of boaters about the proposal to regulate?
• Resurrect the Boating Safety Advisory Committee to finalize findings and present to State Legislators acting on behalf of stakeholders and DBW as a lobby for boating education law
• Register all vessels
• Scheduled program review/update
• Fund through certification feeds, portion of registration fee, portion of penalties
• Do we want to offer multi-lingual courses in boating safety?
• Non-motorized vessels certified on navigable waterways
• Exemption for training
  • Participants in supervised classes should be exempt from the certification requirements
  • Exemption for training and classes -- supervised youth sailing programs
• Phased in ages
1. 21-30
2. 31-40
3. 41-60
4. 61 +

Next Steps

• Write your Assembly person
• Task force between South and North – haven’t interacted in any meaningful way
• Form an Advisory Committee or Task Force
• Participants will get a set of these notes. They will be posted on the DBW website
• Get organizations/associations on board for support
• Will probably take 3-6 months after notes are available
• 60 days is possible for some organizations
• Hold another meeting but base it on feedback from the organizations/associations
• Figure out a way to notify the backyard boater – 85% of boaters
• At the launch ramp sites – receive pamphlet
• Staff works on draft language using bills from neighboring states
• Figure out how to get the most bang for the buck
• Look at where the most accidents are
• Could move from current legislation about BUIs and moving violations – start there
• Look at more specific language and pare it down to a starting place
• PERT chart – eat an elephant one bite at a time – we need to volunteer to take different chunks
• Legislative
• Break this down into action items – START NOW
• Start with the items we had most consensus on. “As a group, here are our recommendations”
• “We all believe in education.” Test should be online or proctored
• The word is not out. Get the word out through the media. Write a press release that all the publications could use – goes out to everybody
• Could put questions on DBW website
• DBW cannot sponsor but can lend technical support
• David Nelson will be meeting with boating organizations within the next few weeks. Will try to find a sponsor
• Legislative process:
• Must be babysat from January – December
• Need to have answers to questions within a week
• Very labor intensive
• Need lobbyist

Actions Participants Agreed to Take

Sandy Bechtold
Editing
Writing legislators
Drafting workshops

Dave Beyer and Pepper Wardle
Dave and I will be getting this information to our District Commander by Monday. Our District newsletter will be out to all district members by September 6th, where we'll be asking out members (squadron commanders) to ask their members for their input

John Havicon
Park Rangers Association of California
1)   Approach organizations for commitment of support:
a)   Park Rangers Association of California
b)   California State Park Rangers Association
c)   California State Parks Foundation
d)   California State Life Guards Association
2)   Legislative Lobbying - Senate and Assembly

Ty Mellott
Co-Publisher
Bay & Delta Yachtsman Magazine
Tymellott@yachtsforsale.com
Inform my readership (approximately 20,000) of ongoing developments regarding the issues of boater education

Larry Skahill
510 Sunbeam Road
Lompoc, CA 93436
(805) 733-2686
newlife4him1@netzero.com
I will seek out legislative sponsorship and am open to additional responsibilities

Cary Smith
President CBSOA
Willing to contact legislators and statewide boating safety officers and law enforcement agencies

The following did not have identifying information included:

We need one focus from all issues - one story for our membership:
1)   Work on need for boater education with our boating membership
2)   Start with yacht clubs as an organized group North/South

Write Assemblyperson

Talk to boat owner friends about proposals

Have another meeting of stakeholders to review proposed language prepared by DBW staff based on today's pluralities of issues and legislation enacted in other states