Cruise Ship Law

By Terry Tomalin
St. Petersburg Times

The marine industry supports an effort to require classes that reduce water crashes.

Florida once again leads the nation in boating accident fatalities, but a new effort to expand safety education requirements to all boaters may, for the first time, have the support of the state's $17-billion marine industry.

National statistics show that boaters who receive formal water safety education are 25 percent less likely to be involved in an on-the-water collision than those who do not.

Florida law requires that only boaters 21 and younger attend formal boater safety training. But if that age requirement were expanded, as many as 20 lives could be saved each year, according to the state's chief boating law administrator.

A review of state accident records for 2006 shows that 86 percent of all fatal accidents involved boaters older than 21 who were not required to have formal boating safety education.

"We are clearly not reaching everybody that we need to," said Capt. Richard Moore of the Florida Fish and Wildlife Conservation Commission. "Nationally, the statistics show that when older boaters are included in education programs, fatalities drop up to 25 percent."

Federal and state officials agree that Florida could improve its boating safety record if the state Legislature required more boaters to undergo formal training.

"We have lobbied for that for years," said Moore, the state's chief boating law administrator. "So far, we haven't been able to get the legislators to support it."

Last year, 69 people died on the state's waterways, marking the 15th time in the last 20 years that Florida led the nation in the number of boating deaths (down from 1987's historic high of 106). Florida also leads the nation in the number of registered boats -- 1,024,375 -- and is the only state with a year-round boating season. The state's rate of fatalities per 100,000 registered boats is just slightly above the national average.

In the past, efforts to expand the state's mandatory boating education requirements have met with opposition on many fronts. But as the FWC prepares legislation to increase the minimum age requirement for education in five-year increments over the next 10 years, Florida's marine industry appears ready to supply its backing.

"I think mandatory education should apply to everyone," said Bill McGill, president and chief executive officer for Marine Max, the nation's largest boat dealer. "The state just needs to make sure that the information boaters receive is practical and can be put to use on the waterways."

McGill, whose Clearwater company sells 10,000 boats a year, long ago instituted an in-house program to train new boaters.

"We don't just sell somebody a boat and turn them loose," he said. "We have a staff of trained captains who will spend anywhere from a couple of hours to a few days making sure our customers know how to operate their boat, and more importantly, understand the rules of the road."

John Sprague, chairman of the governmental affairs for the Marine Industries Association of Florida, said his organization will also back state efforts to expand its programs.

"That has always been one of our No. 1 priorities ... to educate the public," Sprague said. "We would support (an age increase) if it was done incrementally and it did not overwhelm the system."

Moore, a career law enforcement officer who is passionate about boating safety, appeared pleasantly surprised.

"We were a little nervous moving ahead with this," he said. "We figured we would receive some opposition. But it is good to know that we have the industry's backing."

A national trend

Jeff Hoedt, with the U.S. Coast Guard's Office of Boating Safety in Washington, D.C., said a review of national boating accident statistics show a common trend. "Most people involved in boating accidents are in their later 30s or early 40s," he said. "Those are the very people who are not getting any formal boating education."

Boating education laws vary from state to state. Alaska, for example, has no boating education requirement and the worst safety record - 37.8 fatalities per 100,000 registered boats.

Iowa has the best safety record with 1.15 deaths per 100,000 registered boats. "I credit that to an exemplary boater education program," said Randy Edwards, the state's boating law administrator.

Florida's fatality rate is 6.41 percent, slightly above the national average of 5.39 percent, ranking it 30th among the 50 states.

Minnesota, a state with more than 4,500 lakes and 700,000 powerboats, is the second-safest state for boaters.

"Our boater education law has been in effect since 1975," said Kim Elverum, Minnesota's top boating safety officer. "Since the program started, we have educated more than 175,000 people. I think that has made a huge difference."

When it comes to mandatory boater education, the jury is in, said Ruth Wood, president of the BoatU.S. Foundation, which represents more than 650,000 recreational boaters nationwide.

"Education is our mission," she said. "An educated boater is more confident and as a result, more competent. We support mandatory education for all boaters."

Ed Cates, a lieutenant with the FWC's Tallahassee office, personally reviewed all 671 boating accident reports from 2006 and said his review supports the Coast Guard's claim.

"It you have been through a safe boating class, you are less likely to be involved in a boating accident," he said.

Cates also noticed that most victims in fatal accidents were not wearing personal flotation devices, PFDs. "If you want to stay alive, wear your PFD," he said.

A real lifesaver

Florida law requires that only children younger than 6 years old, personal watercraft operators and those towed behind boats (i.e., water skiers) must wear a life jacket.

But Dwayne Somers of the Pinellas County Sheriff's Office's Marine Unit said that most boaters wish they were wearing a life jacket after it is too late.

"We have seen that most deaths don't occur during the accident itself, but after the fact," he said. "People suddenly find themselves thrown from the boat, in the water, an unfamiliar environment, and panic."

State records show that in 88 percent of the 2006 boating fatalities, the victims were not wearing life jackets.

"What happens is somebody hits their head and gets knocked out," Somers said. "Afterward we usually hear the same thing from the family. ... They were a strong swimmer."

The Pinellas Sheriff's Office feels so strongly about flotation devices that on weekends deputies patrol local boat ramps ready to loan life jackets to boaters with children who may not have the proper equipment. "Our Operation Kid Float program has been a big success," Somers said. "The kids love it. We give them a sticker and a T-shirt. They think it is cool to wear a life jacket."

Moore, who is nothing short of a zealot when it comes to preaching life jacket use, said national efforts to pass mandatory life jacket laws for adult boaters have met with strong resistance.

"The greatest opposition has come from the boaters themselves," he said.

In Florida, many boaters complain that life jackets are too hot for everyday wear. But Moore scoffs at that idea, pointing to a new generation of belt and suspender-style devices that are less cumbersome than traditional life jackets.

"I will wear mine all day on the water and forget that I have it on," Moore said.

The new versions are expensive -- Boaters World in South St. Petersburg sells the basic suspender model for $99 -- but Moore believes they are well worth the investment.

"They're a bit of an investment," he said. "But how much is your life worth?"

Fast Facts:

Young captains need to know

Since October 1996, Florida law has required that anyone 21 years of age or younger take a National Association of State Boating Law Administrators, or NASBLA, approved boating education course and carry boating education and photo identification cards in order to operate a vessel with a motor of 10 horsepower or more. Identification cards are good for life.

To get a boating license

To get a boater education card, prospective students can either take an approved, on-site class (see below) or contact the Florida Fish and Wildlife Conservation Commission at www.myfwc.com to learn more about a $20 online "How to Boat Smart" course. The FWC also offers a free correspondence course that may be obtained by calling (850) 488-5600 or writing to the FWC, Division of Law Enforcement Boating Safety Section, 620 South Meridian Street, Tallahassee, FL 32399-1600.

Florida law also requires mandatory education for those who have had a criminal violation of state boating laws, a noncriminal violation of state boating laws if it involved a boating accident or two noncriminal boating safety infractions occurring within a 12-month period. Violators may only take on-site boating safety courses.

To find a boating safety course near you, call:

Boat US: Toll-free 1-800-336-2628, or go to www.boatus.com

United States Power Squadron: Toll-free 1-888-367-8777, or go to www.usps.org

Online resources

The U.S. Coast Guard Auxiliary offers regular boating safety classes throughout the Tampa Bay region. Go to http://cgaux7.org/pub_classes.asp.

Boat-Ed Online: www.boat-ed.com

Boater 101: www.boater101.com

Nautical Know-how: www.boatsafe.com

PWC Safety School: www.pwcsafetyschool.com

American Safety Council: www.floridaboatingcourse.com

If you or someone you know has been injured in a boating accident, contact our boating accident lawyers now for a free consultation.