Be aware of boating rules and regulations

In anticipation of summer, and keeping with the theme of this edition, we thought a review of boating rules would be well-timed. The bounty of laws and rules regarding boating can be extensive depending upon the size of the boat, purpose, waterways, etc. Thus, please always check for any more specific issues for your given situation.  

 

The purpose of this brief article is to outline a few common rules given our location. We thought a few relevant questions could spark the discussion.

 

Are my kids allowed to drive the boat? In South Carolina, boaters under the age of 16 must complete a boating safety course in order to operate a motorized vessel. Furthermore, an adult must be present on the vessel while anyone under the age of 16 years is operating a vessel, if the vessel has a motor of 15 horsepower or greater. Out-of-state visitors are not exempt to the rules.

 

With the exception of a run to Publix before leaving, anything else we have to bring? South Carolina law requires:

 

● A Coast Guard approved PFD (Personal Flotation Device) for each person on the boat;

 

● A throwable flotation device for any boat greater than 16 feet in length;

 

● A handheld portable fire extinguisher;

 

● Flares (if in “coastal waters”); and

 

● A bell or whistle.

 

This list is not exhaustive, so please check the requirements for your boat size, number of people, etc.

 

Can we drive the boat after sunset and before sunrise? Yes, so long as the boat is equipped with working navigational lights.

 

Do we need a minimum number of people to have a skier, tuber, etc? Yes, South Carolina law requires an observer, in addition to the driver of the boat, to watch anyone being pulled.

 

Do the kids need to wear a PFD at all times? In South Carolina, any person under 12 years of age must wear a U.S. Coast Guard approved Type I, II, III, or V PFD when on board a class “A” (less than 16-foot long) boat.

 

Are we required to report accidents? We highly recommend it in all circumstances, but you must report whenever the accident results in loss of life, loss of consciousness, medical treatment beyond first aid or disability in excess of 24 hours, or property damage in excess

of the minimum amount as set by the USCG, which is currently $2,000 or more.

 

What paperwork is required? In South Carolina, boats are required to be titled and registered. The type of title and/or registration and process to secure it depends upon several factors so check your local requirements. Also, boats are subject to personal property taxes.

 

Can we drink alcohol on the boat? [We saved the penultimate question until the end to keep you engaged]. Yes. However, like automobiles, the driver of the boat must not have a blood alcohol content of 0.08 or more. The driver also cannot be so impaired that the driver’s faculties to operate are materially and appreciably impaired. Unlike automobiles, open container laws do not apply, and passengers over the age of 21 may responsibly consume alcohol on the boat.

 

Please stay safe and be smart out on the water this summer!  

 

Chris Mingledorff and Michael Patterson are attorneys with Mingledorff & Patterson LLC on Daniel Island. For more information, go to mptrial.com.