Hot summer weather beckons tens of thousands of Arizonans to cool lakes around the state to play in the water. Unfortunately, not all those who have watercraft (in this article watercraft or boat is used to indicate a vessel designed to be propelled on water by machinery and excludes, among others, sailing boats) know how to act responsibly and have the equipment and safety devices they are required to have. This article is for general information and provides only a preliminary review of some boating issues and is not intended to be legal advice.
Arizona State law prohibits children under 12 from operating a boat (larger than 8 horsepower engine) unless an adult over 18 is present. Children under 12 are especially vulnerable to drowning accidents and must wear an appropriate flotation device
at all times whenever the boat is underway. Additionally, all boats must have at least one
U.S. Coast Guard approved personal flotation device (
not a buoyant belt) in serviceable condition for
each person on board. If your vessel is 16 feet or longer, you must also have one throwable personal flotation device (type IV) on board.
[1]
Even some of the smaller boats (under 26 feet) are required to have at least one U.S. Coast Guard approved type B-1 fire extinguisher.
[2] Keep in mind that fire extinguishers must be checked and serviced periodically to keep them in working condition. If you have a gasoline powered watercraft with an inboard engine, you must have a flame arrestor that is approved for marine use and owners of boats with closed quarters must have proper ventilation to avoid collection of fumes within the watercraft.
[3] All boats are also required to utilize appropriate mufflers.
[4]
If you are operating a boat and have an accident, you must stop your boat immediately and give assistance to anyone injured. You must act to minimize the danger caused by the accident unless such action endangers you, your boat or your passengers.
[5] Failure to stop and render assistance is a crime. You must also provide your name, address, and the identifying number of your boat to all the injured parties or whose property was damaged and send a boating accident report directly to Arizona Game and Fish Department, (Attn: Boating Law Administrator, 5000 W. Carefree Hwy., Phoenix, AZ 85086) within 48 hours of an injury-producing accident.
If the accident involved property damage (only) exceeding $500.00, the operator has five days to report the accident. Accident report forms are available from law enforcement personnel at the lakes, first-aid stations, marinas, or ranger stations, or from the Arizona Game and Fish Department. These reports are used for statistical purposes only and will not be used in any civil or criminal trial.
[6]
Law enforcement officials have the right to stop and board your vessel to check for compliance with state laws and the United States Coast Guard has authority on all federally controlled waters.
[7] Failure to stop when ordered and maneuver so that law enforcement officials can board your vessel can cause you to be arrested. Some of the most common boating violations in Arizona are excessive wake or speed, reckless operation of a personal watercraft and waterskiing without an observer.
[8]
Operating or being in physical control of a watercraft while under the influence and impaired to the slightest decree is unlawful and may result in criminal prosecution.
[9] Penalties for operating a vessel while impaired are similar to those given for drunk driving. Simply operating a watercraft on Arizona waters entitles the law enforcement officials to test you for alcohol or drugs.
It is always wise to have your boat insured both for liability as well as for your own property damage. This will reduce the risk to your personal assets when liable for damages to others’ property and personal injuries. Your insurance policy may also cover your property if somebody else is negligent in operating a watercraft and causes damages without having insurance.
Be Smart, Be Safe
This article is designed to educate boat owners about Arizona laws and regulations which may not apply when using watercraft on waters common with other states, such as the Colorado River. On those waters other states’ laws and/or federal regulation may also apply. When planning a trip that may involve waters common with other states find out beforehand which laws may be applicable by contacting Arizona Game and Fish Department at 2221 W. Greenway Road, Phoenix, AZ 85023 (602) 942-3000.
If you are injured in a boating accident that you believe was not your fault or have any questions, you may contact the author by email at
lreijonen@davismiles.com or call our office at 480-733-6800.
You can also find the Boater’s Guide, Arizona Handbook of Boating Laws & Responsibilities online at
http://boat-ed.com/az/handbook/.
