Operation and Equipment of Vessels in California

California’s Harbors and Navigation Code in Division 3, Chapter 5, Article 1 deals with the operation and equipment of vessels in this state. Section 650 explains that it is the policy of this state to promote safety for persons and property in and connected with the use and equipment of vessels and to promote uniformity of laws.

Section 650.1 provides that this chapter applies to vessels and associated equipment used, to be used, or carried in vessels used on waters subject to the jurisdiction of this state. However, this chapter does not apply to four types of specified vessels.

Section 651 provides the following definitions: “alcohol,” “alcohol concentration,” “associated equipment,” “boat,” “chemical test,” “controlled substance,” “department,” “director,” “drug,” engine cut-off switch,” “engine cut-off switch link,” “intoxicant,” “legal owner,” “manufacturer,” “marine employer,” “motorboat,” “operator,” “owner,” “passenger,” “person,” “personal flotation device,” ‘personal watercraft,” “recreational vessel,” “registered owner,” “special-use area,” “state,” “state of principal use,” static thrust,” “throwable personal flotation device,” “undocumented vessel,” “use,” “vessel,” “water skis, an aquaplane, or a similar device,” “waters of this state,” and “wearable personal flotation device.”

Section 651.1 defines the terms “bather” and “bathing.”

Section 651.5 requires the Department of Motor Vehicles to provide every person who originally registers, or who acquires the ownership certificate of, a vessel required to be numbered with a copy of guidelines for safe vessel operation prepared by the Department of Boating and Waterways.

Section 652 authorizes the department to issue regulations that address three specified topics. These regulations must conform with the federal navigation laws or with the navigation rules promulgated by the United States Coast Guard.

In addition, a person or public agency is prohibited from using or giving permission for the use of a vessel that does not carry the equipment or meet the standards established pursuant to this chapter. A peace officer or harbor police officer authorized to enforce this chapter may order the termination of the operation of a vessel that is found to be unsafe for operation. And, a violation of an order under this subdivision is a misdemeanor.

Section 652.5 provides that the use of a distinctive blue light as prescribed by the department is reserved for public safety vessels and may be displayed during the day or night whenever the vessel may be engaged in direct law enforcement activities. The display of these blue lights on vessels for other purposes is prohibited. The term “public safety vessel” is defined.

Section 654 defines the terms “muffler” and “muffler system.” A motorized recreational vessel that is operated in or upon the inland waters, or in or upon ocean waters that are within one mile of the coastline of the state must be equipped at all times with a muffler or a muffler system that meets three specified conditions.

Section 654.03 states that a person may not manufacture for sale a motorized recreational vessel that is not equipped with a muffler or muffler system, with specified exceptions. A person may not sell a vessel that is exempt unless there is compliance with two specified provisions.

Section 654.05 provides that the owner of a motorized recreational vessel that is numbered, or that is documented by an agency of the federal government, cannot operate, or authorize the operation of, the vessel in or upon the inland waters, or in or upon ocean waters that are within one mile of the coastline of the state, in a manner that exceeds three specified noise levels.

Section 654.06 prohibits a person from selling or offering for sale at retail any internal combustion engine for use on any motorized recreational vessel which, when operated, exceeds any of the three specified noise levels.

Section 654.1 requires boating facilities constructed with funds derived from the state to be required as a condition for the receipt of the funds to provide shoreside facilities for purposes of emptying waste matter holding tanks from vessels in accordance with needs and standards as established by the department.

Section 654.3 requires each diesel powered vessel operating exclusively in California, engaged in the commercial transport of passengers with the capacity to transport 75 passengers or more, to use only California diesel fuel formulated as specified in regulation.

Section 654.5 says that a person who maliciously throws, hurls, or projects an object by manual, mechanical, or other means at a vessel or an occupant of a vessel on any of the waters within or bordering on this state is guilty of a misdemeanor and incurs specified fines.

Section 655 prohibits a person from using any vessel or manipulate water skis, an aquaplane, or a similar device in a reckless or negligent manner so as to endanger the life, limb, or property of any person. The department must adopt regulations for the use of vessels, water skis, aquaplanes, or similar devices in a manner that will minimize the danger to life, limb, or property consistent with reasonable use of the equipment for the purpose for which it was designed.

Individuals are prohibited from operating any vessel or manipulate water skis, an aquaplane, or a similar device while under the influence of an alcoholic beverage, any drug, or the combined influence of an alcoholic beverage and any drug.

Any information which is obtained from a commissioned, warrant, or petty officer of the United States Coast Guard who directly observed the offense may be used as the sole basis for establishing the necessary reasonable cause for a peace officer of this state to make an arrest.

Section 655.05 prohibits a person from operating a vessel other than a recreational vessel for 24 hours if the person is found by a peace officer to have an alcohol concentration of 0.01 percent or more in his or her blood.

Section 655.1 defines the term “mechanically propelled vessel.” A peace officer, having reasonable cause to believe that any person was operating a mechanically propelled vessel or manipulating any water skis, aquaplane, or similar device under the influence of an alcoholic beverage or any drug, or under the combined influence of an alcoholic beverage and any drug, who lawfully arrests the person may request that person to submit to chemical testing of his or her blood, breath, or urine for the purpose of determining the drug or alcoholic content of the blood. The arrested person must be advised of four specified items.

If the person is lawfully arrested for operating a mechanically propelled vessel or manipulating any water skis, aquaplane, or similar device under the influence of any drug or the combined influence of an alcoholic beverage and any drug and submits to the chemical testing, the person has the choice of whether the chemical test is of his or her blood, breath, or urine, and the officer must advise the person that he or she has that choice.

Section 655.2 states that every owner, operator, or person in command of any vessel propelled by machinery is guilty of an infraction who uses it, or permits it to be used, at a speed in excess of five miles per hour in any portion of the specified areas not otherwise regulated by local rules and regulations. This section does not apply to three specified types of vessels. The terms “clearly identifiable as lifeguard rescue vessel” and “public safety activities” are defined.

Section 655.3 authorizes the department to adopt regulations to establish and maintain for the use of vessels and the equipment on vessels on the waters of this state rules of the road and pilot rules in conformity with those contained in the federal navigation laws or the navigation rules promulgated by the United States Coast Guard.

Section 655.4 prohibits a person from serving as a crew member on any charter boat while under the influence of intoxicating liquor, any drug, or the combined influence of intoxicating liquor and any drug.

Section 655.5 provides that, whenever a person convicted of any violation of specified laws is found by the court to have willfully refused the request of a peace officer to submit to chemical testing of the blood, breath, or urine, the court may impose enhanced penalties either by fine or imprisonment, or both, not to exceed the maximum of the penalties prescribed.

Section 655.6 specifies that it is an infraction for a person under the age of 21 years who has 0.01 percent or more, by weight, of alcohol in his or her blood to operate any motorized vessel or manipulate water skis, an aquaplane, or a similar device. A violation is punished by fines.

Section 655.7 states that a person operating a personal watercraft equipped by the manufacturer with a lanyard-type engine cut-off switch is required to attach the lanyard to themselves, their clothing, or their personal flotation device, as appropriate for the specific vessel, while operating on plane or above displacement speed. A person cannot operate a personal watercraft equipped by the manufacturer with an engine cut-off switch if the engine cut-off switch or engine throttle has been altered in any way that would impede or prevent the engine cut-off switch from operating in its intended manner. Every personal watercraft must be operated in a reasonable and prudent manner. A person cannot operate a personal watercraft at any time between the hours from sunset to sunrise. The term “covered vessel” is defined.

Section 656 provides that it is the duty of the operator of a vessel involved in a collision, accident, or other casualty, so far as the operator can do so without serious danger to his or her own vessel, crew, and passengers, to render to other persons affected by the collision, accident, or other casualty that assistance that is practicable and necessary in order to save them from, or minimize any, danger caused by the collision, accident, or other casualty.

Any person who complies with the law or who gratuitously and in good faith renders assistance at the scene of a vessel collision, accident, or other casualty without objection by any person assisted, is not to be held liable for any civil damages sought as a result of the rendering of assistance or for any act or omission in providing or arranging salvage, towage, medical treatment, or other assistance, if the assisting person has acted as an ordinary, reasonably prudent person would have acted under the same or similar circumstances.

Section 656.1 provides that the operator of any vessel involved in an accident in the waters of this state who knows or has reason to know that the accident resulted in damage to other property is required to stop, if reasonable to do so under the circumstances, at the scene of the accident and shall do either of the specified actions.

Section 656.2 provides that the operator of any vessel involved in an accident in the waters of this state who knows or has reason to know that the accident resulted in injury to any person is required to furnish specified information.

Section 656.3 specifies that the operator of any vessel involved in an accident in the waters of this state who knows or has reason to know that the accident resulted in the death or disappearance of any person is required to report with delay specified information.

Section 656.4 allows the department to develop a program of public information and research in the interest of reducing loss of life and property in the operation of vessels covered by this chapter.

Section 657 requires any information compiled or otherwise available to the department to be transmitted to an official or agency of the United States.

Section 658 prohibits a person from operating a vessel on any waters for towing a person or persons on water skis, an aquaplane, or a similar device unless there is in the vessel a person at least 12 years of age, in addition to the operator, in a position to observe the progress of the persons being towed. An individual is prohibited from operating a vessel on any waters of this state towing a person or persons on water skis, an aquaplane, or a similar device at any time between the hours from sunset to sunrise.

Section 658.3 prohibits a person from using a recreational vessel unless all of the three specified requirements are met. A person cannot use a recreational vessel 16 feet or more in length unless one throwable personal flotation device is onboard in addition to the number of wearable personal flotation devices required. A person cannot operate a recreational vessel underway with a child under 13 years of age onboard unless at least one of the specified requirements is met. The terms “enclosed cabin” and “underway” are defined.

Section 658.5 states that no person under 16 years of age can operate a vessel powered by a motor of greater than 15 horsepower, except for a vessel that does not exceed 30 feet in length and is designed to use wind as its principal source of propulsion, or a dinghy used directly between a moored vessel and the shoreline or between a moored vessel and another moored vessel. This does not apply to three specified persons.

Section 658.7 states that failure of the operator of a vessel involved in towing a skier to display or cause to be displayed a ski flag to indicate any of the specified conditions is an infraction punishable by a fine not exceeding $15.

Section 659 allows the department to make rules and regulations for the uniform navigational marking of the waters of this state, which cannot conflict with markings prescribed by the United States Coast Guard.

Section 660 provides that any ordinance, law, regulation, or rule relating to vessels, which is adopted pursuant to provisions of law other than this chapter by any entity other than the department, must pertain only to time-of-day restrictions, speed zones, special-use areas, and sanitation and pollution control.

Section 661 specifies that every owner of an undocumented vessel numbered under this code is liable and responsible for the death of or injury to person or property resulting from negligence in the operation of such vessel, in the business of the owner or otherwise, by any person using and operating the same with the permission, express or implied, of the owner, and the negligence of such person is to be imputed to the owner for all purposes of civil damage.

The liability of an owner for imputed negligence imposed by this section and not arising through the relationship of principal and agent or master and servant is limited to the amount of $10,000 for the death of or injury to one person in any one accident and, subject to the limit as to one person, is limited to the amount of $20,000 for the death of or injury to more than one person in any one accident and is limited to the amount of $10,000 for damage to property of others in any one accident.

Section 662 requires a copy of the ordinances or local laws adopted pursuant to this chapter to be filed in the office of the department.

Section 663 states that every peace officer of this state or of any city, county, or other political subdivision of the state to enforce this chapter and any regulations adopted by the department and in the exercise of that duty has the authority to stop and board any vessel subject to this chapter, where the peace officer has probable cause to believe that a violation of state law or regulations or local ordinance exists.

Section 663.1 allows a peace officer, without a warrant, to arrest a person who is involved in an accident in the waters of this state involving a vessel when the officer has reasonable cause to believe that the person had been operating the vessel while under the influence of an alcoholic beverage or any drug, or under the combined influence of an alcoholic beverage and any drug.

Section 663.5 provides that, within the territorial limits of a county, city, or district, a harbor policeman regularly employed and paid as such by the county, city, or district must also enforce the provisions of this chapter and any rules or regulations adopted by the department.

Section 663.6 states that every vessel subject to this chapter, if under way and lawfully ordered to stop and lie to by a peace officer or harbor policeman authorized to enforce the provisions of this chapter is required to stop immediately and lie to, or maneuver in such a way as to permit the peace officer or harbor police vessel to come alongside.

Section 663.7 states that every county of the state is entitled to receive state financial aid for boating safety and enforcement programs on waters under its jurisdiction as provided in this section. A public agency within a county and the Department of Parks and Recreation are entitled to receive aid for boating safety and enforcement programs on waters under their jurisdiction through the county in which it lies.

Section 664 says that, when any person is arrested for a violation of this chapter or any regulation adopted by the department pursuant to this chapter or any ordinance or local law relating to the operation and equipment of vessels, and that person is not immediately taken before a magistrate, the arresting officer is required to prepare in duplicate a written notice to appear in court, containing the name and address of that person, the offense charged, and the time and place where and when that person shall appear in court.

Section 665 provides that any person willfully violating his written promise to appear in court is guilty of a misdemeanor regardless of the disposition of the charge upon which he was originally arrested.

Section 666 states that, when a person signs a written promise to appear at the time and place specified in the written promise to appear and has not posted bail, the magistrate is required to issue and have delivered for execution a warrant for his arrest within 20 days after his failure to appear as promised.

Section 667 states that, in addition to any other court which may be a proper place of trial, any superior court location where cases of that type are tried, within 50 miles by the nearest road to the place of the alleged offense, is a proper place of trial of any person on a charge of violation of this chapter or any regulation adopted by the department.

Section 668 specifies that any person violates specified sections or regulations relating to vessel equipment requirements, is guilty of an infraction, punishable by a fine of not more than $250. Numerous other violations and their punishment are specified.

Section 668.1 provides that persons convicted of specified violations related to the federal rules of the road and pilot rules, not including equipment requirements, pertaining to a mechanically propelled vessel, is to be ordered by the court to complete and pass a boating safety course approved by the department.

Section 668.2 authorizes the department to grant funds from the Harbors and Watercraft Revolving Fund to local public agencies, nonprofit organizations, and colleges and universities for scholarship funding relating to boating safety education, to finance the purchase of vessels and related safety equipment for use in boating safety education classes, and to provide voluntary personal watercraft education course materials developed by the department.

Section 668.3 requires the department to approve boating safety courses that it determines provides the course taker with information that effectively educates the course taker as to the basic rules of California waterways, the proper and safe manner to operate recreational vessels, and actions that can be taken to avoid boating-related environmental pollution.

Section 668.5 states that the interest of any registered owner of a vessel that has been used in the commission of a violation of certain sections for which the owner was convicted and the conduct resulted in the unlawful killing of a person is subject to impoundment as provided in this section. Upon conviction, the court may order the vessel impounded at the registered owner’s expense for a period of not less than one nor more than 30 days.

Section 669 requires the regulations adopted by the department pursuant to this chapter are to be adopted in accordance with the APA.

Section 673 requires the owner of a boat livery to keep a record of the name and address of the person or persons hiring any boat or vessel subject to this code, the registered identification number of such vessel, the departure date and time, and the expected time of return. The record must be preserved for at least six months.

Section 674 prohibits either the owner of a boat livery or his agent or employees from permitting any vessel to be delivered to a renter unless it has been provided with the equipment required pursuant to the applicable laws and regulations.