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Boating Law question

Discussion in 'Boats and Motors' started by reel, Jun 19, 2008.

  1. A recent boating accident news story reported this:

    The Ohio Department of Natural Resources in Columbus does not have a record of xxxx ever owning a boating education card. The law is that anyone born after Jan. 1, 1982, must complete an education course before operating a watercraft of greater than 10 horsepower. "According to our records, he did not have any completion of any boater safety class that we're aware of," xxxx said. "It doesn't mean he didn't complete something, somewhere, but we don't have a record of it."

    Ohio Boating Laws state this:

    Child Operators: Supervising Person
    (ORC 1547.06)
    No person under 12 years of age shall operate any vessel unless under the direct visual and audible supervision of a person who is 18 years of age or older. This section does not apply to personal watercraft (see previous paragraph) or other powercraft powered by more than 10 horsepower (see following paragraph).
    No person under 12 years of age shall operate powercraft powered by more than 10 horsepower unless under the direct visual and audible supervision of a person who is 18 years of age or older who is aboard the powercraft (excludes PWC operation). In the case of a supervising person born on or after January 1, 1982, the supervising person must hold a certificate meeting the requirements of ORC 1547.05 and in the case of rented powercraft, must meet the requirement of ORC 1547.052.

    Seems to me the operator did not need a boater education course.

    ...
     
  2. I read this as: an operator born after 1/1/82 needs to be supervised by somone who is either certified or born before 1/1/82.

    Therefore, If the operator was born After (not before- previous typo) 1/1/82 and no one was supervising him (ie somone born before 1/1/82 or certified and born on or after 1/1/82) he himself needs to be certified.
     

  3. Your first statement is correct. Your second statement does not follow your first. If the operator was born before 1/1/82, he/she does not need a certificate or a supervisor. Did you mean to say If the operator was born after 1/1/82?

    The story does not stipulate that the operator was born after 1/1/82 and operating over 10 hp without a supervisor. It does imply that though. If that is the case, then the operator needs a certificate and must carry it with them when operating, and show it if stopped.
     
  4. misfit

    misfit MOD SQUAD

    based on the ages,they both were required to have the certificate.
     
  5. My previous post is not correct. Boss32's first statement is not correct. The supervisor requirement in ORC 1547.06 only applies for child operators (under age 12). I also should have said the portion of the story in the post did not stipulate the ages.

    Based on the linked story, the applicable provision in this case is ORC 1547.05. The operator did need a certificate. The only person in the boat that wouldn't need a certificate to operate the boat was the 27 year old girlfriend since she was born before 1/1/82.

    Boating Education Requirement
    (ORC 1547.05)
    No person born on or after January 1, 1982, shall operate a powercraft powered by more than 10 horsepower unless the operator has received a certificate for successful completion of either of the following:

    A boating course approved by the National Association of State Boating Law Administrators (NASBLA);
    A proficiency examination approved by the Ohio Division of Watercraft.
     
  6. So a 10 year old can operate under supervision but a 21 year old cannot operate under supervision ?
    ...
     
  7. Anyone under 12 can operate IF they are under supervision of an adult that was born after 1/1/82 and is properly certified, OR they are under the supervision of an adult born prior to 1/1/82.

    And no one born after 1/1/82 can operate a boat (>10hp) without proper certification...............

    I'd say there is a prety big hole for anyone 12+ who wants to operate with supervision!!~~~~~

    Also scary is that a 13year old can operate a boat >10hp without supervision if he/she has passed a class.