RECREATIONAL BOATING SAFETY CIVIL PENALTIES
1.
Purpose. The purpose of the Recreational Boating Safety
(RBS) Program is to minimize the loss of life, personal
injury, and property damage associated with the use of
recreational boats, through preventive means. This is
accomplished through a combination of education and
enforcement of operator requirements and manufacturer
standards.
2.
Background. Since the disbanding of the Coast Guard's
Boating Safety Detachments in 1982, Program emphasis has
shifted from active on-the-water enforcement to coordination
of State boating safety programs. The Coast Guard does
continue on-the-water law enforcement activities to a limited
extent in areas patrolled by existing units. The Coast Guard
also conducts periodic inspections of boat manufacturers to
ensure compliance with boat construction and equipment
standards. The program consists of informal and technical
factory visits and factory investigative audits. The
informal and technical visits are primarily educational for
the manufacturer, however, a technical visit may lead to a
defect notification campaign and/or civil penalty. The audit
is meant to be a thorough investigation of a particular
problem which may lead to a defect notification campaign
and/or civil penalty.
3.
Boarding and Inspection Policy. Coast Guard recreational
boat boardings are conducted primarily incidental to routine
law enforcement boardings or search and rescue. Coast Guard
Marine Safety Inspectors generally visit factories annually,
depending on the numbers of standards which apply to a
factory's products and its susceptibility to noncompliances.
4.
RBS Laws and Regulations.
a.
The act of April 28, 1908 (33 U.S.C. 1233) provides the
authority for regulating Regattas and Marine Parades.
Title 46 of the United States Code (U.S.C.) provides the
authority for regulating safe operation of a vessel,
vessel numbering, vessel and associated equipment
manufacturing standards, and casualty reporting.
b.
The Coast Guard administers the regulations for Operating
a Vessel while Intoxicated (33 CFR Part 95), Regattas and
Marine Parades (33 CFR Part 100), Vessel Numbering and
Casualty and Accident Reporting (33 CFR Part 173), State
Numbering and Casualty Reporting Systems (33 CFR Part
174), Operator Equipment Requirements (33 CFR Part 175
and 46 CFR Part 25), Correction of Especially Hazardous
Conditions (33 CFR Part 177), Defect Notification (33 CFR
Part 179), Manufacturer Requirements (33 CFR Part 181),
and Boats and Associated Equipment (33 CFR Part 183).
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