WASHINGTON STATE SPECIFIC LAWS

Note: PWC operators are responsible for obeying all Washington state boating laws.

In 2005, the Washington legislature adopted the following schedule for the phase-in of mandatory boater education by age group:

January 1, 2008 All boat operators twenty years old and younger;
January 1, 2009 All boat operators twenty-five years old and younger;
January 1, 2010 All boat operators thirty years old and younger;
January 1, 2011 All boat operators thirty-five years old and younger;
January 1, 2012 All boat operators forty years old and younger;
January 1, 2013 All boat operators fifty years old and younger;
January 1, 2014 All boat operators sixty years old and younger;
January 1, 2015 All boat operators seventy years old and younger;

All boat operators born before 1/1/55 are not required to have a boat operator education card.

The fee for a Washington Boater Education Card is $10. The fee for a replacement card is $5.

A person must be at least twelve years of age or older and complete a boating safety course that meets commission standards, such as PWCSafetySchool.com, to operate a motor driven boat of 15 horsepower or greater (unless otherwise exempted). Persons who do not have a boater education card and are 12 years or age or older can operate a vessel with more than 15 HP if accompanied by a of a person 16 years of age or older who has a boater education card.

Definitions:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

1. "Boater" means any person on a vessel on waters of the state of Washington.

2. "Commission" means the Washington Parks and Recreation Commission.

3. "Darkness" means that period between sunset and sunrise. Personal watercraft may not be operated during darkness.

4. "Environmentally sensitive area" means a restricted body of water where discharge of untreated sewage from boats is especially detrimental because of limited flushing, shallow water, commercial or recreational shellfish, swimming areas, diversity of species, the absence of other pollution sources, or other characteristics.

5. "Marina" means a facility providing boat moorage space, fuel, or commercial services. Commercial services include but are not limited to overnight or live-aboard boating accommodations.

6. "Motor driven boats and vessels" means all boats and vessels which are self propelled.

7. "Muffler" or "muffler system" means a sound suppression device or system, including an underwater exhaust system, designed and installed to abate the sound of exhaust gases emitted from an internal combustion engine and that prevents excessive or unusual noise.

   For all powerboats, including PWCs, a muffler or underwater exhaust system is required in good working order and in constant use. An effective muffler system does not allow sound levels in excess of seventy-five decibels measured from any point on the shoreline of the body of water on which the vessel is being operated. Engines manufactured after January 1, 1994 shall have a noise level of eighty-eight decibels or less. An effective muffler shall not produce sound levels in excess of:

90 decibels for engines made before January 1, 1994: and,
88 decibels for engines made on or after January 1, 1994.

8. "Negligent Operations" means operating a vessel in an unsafe manner due to a lack of boating knowledge or operator inattention.

9. "Observer" means the individual riding in a vessel who is responsible for observing a water skier at all times.

10. "Operate" means to steer, direct, or otherwise have physical control of a vessel that is underway.

11. "Operator" means an individual who steers, directs, or otherwise has physical control of a vessel that is underway or exercises actual authority to control the person at the helm.

12. "Owner" means a person who has a lawful right to possession of a vessel by purchase, exchange, gift, lease, inheritance, or legal action whether or not the vessel is subject to a security interest.

13. "Person" means any individual, sole proprietorship, partnership, corporation, nonprofit corporation or organization, limited liability company, firm, association, or other legal entity located within or outside this state.

14. "Personal flotation device (PFD)" means a buoyancy device, life preserver, buoyant vest, ring buoy, or buoy cushion that is designed to float a person in the water and that is approved by the Washington State Parks and Recreation Commission.

15. "Personal watercraft" means a vessel of less than sixteen feet that uses a motor powering a water jet pump, as its primary source of motive power and that is designed to be operated by a person sitting, standing, or kneeling on, rather than in the conventional manner of sitting or standing inside the vessel. PWCs are referred to as a boat under the state of Washington law.

16. "Reckless Operation" means acting carelessly and heedlessly in a willful and wanton disregard of the rights, safety, or property of another. This includes, but is not limited to, weaving through congested traffic, jumping the wake of another boat unreasonably or unnecessarily close to the boat, or when visibility around the boat is obstructed. A person must not swerve at the last possible moment to avoid a collision in order to 'spray' another boater.

17. "Sound Producing Device" can be a bell or whistle and is required on a craft 12 meters or more in length. A boat, operating on Washington waters, that is less than 12 meters must have an efficient sound signaling device. This may be a whistle, horn or other means to signal their intentions.

18. "Underway" means that a vessel is not at anchor, or made fast to the shore, or aground.

19. "Vessel" includes every description of watercraft on the water, other than a seaplane, used or capable of being used as a means of transportation on the water. However, it does not include inner tubes, air mattresses, sailboards, and small rafts or flotation devices or toys customarily used by swimmers.

1. A fishing vessel means one engaged in commercial fishing and does not include charter fishing vessels.

2. A sailing vessel is defined by law as a motor vessel if it is fitted with an engine; the engine need not be engaged or idling.

20. "Water skiing" means the physical act of being towed behind a vessel on, but not limited to, any skis, aquaplane, kneeboard, tube, or any other similar device.

Rules and Regulations

1. Washington law requires that U.S. Coast Guard approved life jackets to be worn by:

1. children 12 years of age and under, on boats under 19 feet, when underway

2. each person aboard the personal watercraft

2. A person operating a personal watercraft equipped by the manufacturer with a lanyard-type engine cutoff switch shall attach the lanyard to his or her person, clothing, or personal flotation device as appropriate for the specific vessel. It is unlawful for any person to remove or disable a cutoff switch that was installed by the manufacturer.

3. A person shall not operate a personal watercraft in the dark (after sunset and before sunrise).

4. A person under the age of 14 shall not operate a personal watercraft on Washington State waters. Beginning January 1st, 2008, a boater must be 12 years of age or older and possess a Washington Boater Education Card, to legally operate a boat (other than a PWC) with a 15 HP engine or greater.

5. A person shall not operate a personal watercraft or other vessel in a reckless manner. It is illegal to attempt to elude a pursuing enforcement vessel after being given a visual or audible signal to stop.

   Examples are operating a vessel in disregard of careful and prudent operation and rates of speed such as in a "no wake" or "no boats" zone, or other operation that disregards the existing conditions at the time, such as other traffic, freedom from obstruction to the view ahead, restrictions to the body of water, or the effects of boat wake. Speed limits and zoned or restricted areas are determined by local ordinance.

   Reckless operation of a vessel is deliberate behavior that puts a person or property at risk. Examples would be repeated operation of a dangerous act such as cutting closely near another person or boat or deliberately ignoring a marked speed zone.

6. A person shall not lease, hire, or rent a personal watercraft to a person under the age of sixteen. If a person is required to have a boating education card, but does not have one with them, the livery operator must complete an operation and safety checklist with the vessel renter prior to the renter being allowed to use the vessel on the water.

7. The legal alcohol limit for the state of Washington is .08%. A person shall not operate a personal watercraft while consuming alcohol. The law applies to the operation of a vessel in the same way as for a car, truck or motorcycle on the road. A person is considered to be under the influence of intoxicating liquor or drug if:

1. they have 0.08 grams or more of alcohol per two hundred ten liters of breath, as shown by analysis of the person's breath.

2. the person has 0.08 percent or more by weight of alcohol in the person's blood as shown by analysis of the person's blood.

3. the person is under the influence of or affected by intoxicating liquor or any drug.

4. the person is under the combined influence of or affected by intoxicating liquor or any drug.

8. Failure to stop for any law enforcement officer or attempting to elude a law enforcement vessel is illegal. Boaters are required to respond to any local law enforcement officer who has jurisdiction to stop his or her boat when asked to do so after being given a visual or audible signal to stop the vessel. An operator of a vessel is required to immediately stop a vessel if operating in a reckless manner.

9. Violations of subsections (1) through (9) of this section constitute a misdemeanor under RCW 9.92.030.

10. (1) through (9) of this section does not apply to a performer engaged in a professional exhibition or a person participating in a regatta, race, marine parade, tournament, or exhibition authorized or otherwise permitted by the appropriate agency having jurisdiction and authority to authorize such events.

11. Boating laws and regulations (licensing, equipment requirements, accident reporting procedures, etc.) are updated or changed periodically. A boat operator should stay informed of changes in boating safety requirements. It is wise to consult the PWCSafetySchool.com materials, as well as other boater information resources provided by Washington State, to keep current.

Boating Safety

Overloading and Overpowering:

A boat must not be loaded with passengers or cargo beyond its safe carrying ability. Boats less than 20 feet are required to have a manufacturer 'capacity plate' attached to the vessel. It must be placed in plain view to be seen from the helm of the boat. A basic guideline to determine the capacity for the number of persons on a vessel is:

Length (in feet) X Width (in feet) divided by 15.
Example: 18 (feet long) X 5 (feet wide) = 90.
90 ÷ 15 = 6 (persons, maximum capacity)

Six is the maximum number of people recommended that the boat can carry based on an average weight of 150 pounds. The amount of total weight for six persons (6 X 150, or 900 pounds) does not include the weight of added gear and motor.

A boat may not be operated with propulsion machinery that is beyond the boat's ability to operate safely. The manufacturer of the vessel should be contacted to determine the horsepower capacity of a vessel.

Overpowering and overloading vessels causes accidents which are often fatal.

Water Skiing

1. Every person water skiing, kneeboarding, or tubing must wear a U.S. Coast Guard approved life jacket.

2. Three people are required to engage in water skiing: the vessel operator, an observer and the skier. The observer and the operator cannot be the same person.

3. An observer is required when a person is towed behind vessel in a water skiing type of activity. An observer must be physically and mentally capable of performing the following requirements:

1. Continuously observe skier or skiers

2. Inform the boat operator when a skier falls or is in trouble.

3. Raise the skier-down flag when a person is in the water preparing to ski or to return to the ski boat.

4. When a skier is in water the observer must display a skier-down flag of brilliant red or bright orange 12" x 12" flag on a minimum of 24" pole.

4. Water skiing, kneeboarding, tubing or other tow sports involve pulling one or more persons behind a vessel. A space must be available on each PWC for any persons being towed. Thus, to pull a skier, kneeboarder etc. the PWC would have an operator, an observer (and this cannot be the same person) and a vacant seat for the person being towed.

5. Willful or wanton actions by a skier or boat operator that endanger a person or property are considered reckless operation.

6. Waterskiing from one hour after sunset to one hour before sunrise is not permitted. Use sunset/sunrise times printed in local newspapers.

Cold Water Immersion

Washington waters are cold. Even in Central and Eastern Washington, which have higher temperatures than Western Washington in the summer, average water temperature in the hottest areas is about 70 degrees. The average water temperature throughout most of Washington is 50 degrees throughout the year. It's important to wear a PFD in cold water conditions not only for safety but also because the PFD can provide warming insulation. This is a major survival issue in Washington. In recent years, nearly two thirds of the fatalities involved immersion in cold water which contributed to the death.

Aquatic Nuisances

Aquatic nuisance species threaten waterways. In order to preserve water quality and native species, boaters need to be aware of best practices to prevent the spread of both non-native plants and animals. The largest concerns for boaters in fresh water are aquatic weeds and New Zealand mud snails. It only takes a small weed fragment to begin a new population and snails are so small that they are easily transported on gear and in live wells and bait wells. Many aquatic nuisances don't have naturally occurring enemies and can feed on or compete with native plants and animals for food. This has caused many native species to be placed on the Endangered Species list. The deliberate or accidental introduction of non-native species into a new habitat has proven to have a detrimental effect on native plants and animals. Aquatic nuisances can be introduced in a variety of ways. It's not limited to recreational boats. Go to: http://wdfw.wa.gov/fish/ans/ans_species.htm for more information.

The Lower Columbia River and all the water bodies on the Long Beach Peninsula are infested with the snails. After boating in these and other areas operators need to clean their vessels (including bilges, bait and live wells) with very hot water and let them dry out for several days. If it is during the wet season operators should use a weak chlorine solution.

Zebra mussels have arrived in Montana, so Washington boaters who travel out of state into the Missouri River, or down in the Oklahoma area (El Dorado Reservoir) or east of the 100th Meridian should take great care to clean their boats before putting them into Washington waters.

For more information on aquatic nuisances threatening Washington waters, including sea squirts, spartina and milfoil go to http://wdfw.wa.gov/fish/ans/ans_species.htm. Watch for information at launch sites about any known nuisance species. Before leaving the launch area, do a walk-around inspection to see that all visible remnants of plant and animal materials are removed from the boat and trailer. Always clean the prop area and bottom of the hull at the launch area before leaving. Where available, pressure-washing the hull and motor parts that contact the water are advised.

Backfire Flame Control

Backfire flame arrestors are needed on all power boats except outboards fueled with gasoline. Backfire arrestors are designed to prevent the ignition of gasoline vapor when engines backfire. Backfire flame arrestors must meet U.S. Coast Guard approved standards, SAE J-1928 or UL 1111 standards. The information about the appropriate standard is stamped on the flame arrestor.

Carbon Monoxide

Carbon monoxide and fire accidents occur on Washington waterways resulting in injury, death and property damage. Fires create carbon monoxide. In Washington, boaters must make sure heaters and air conditioners are properly vented. Houseboats and cabin motorboats must have adequate ventilation in the cabin compartment so exhaust given off by generators, heaters, and air conditioners is dispersed. A carbon monoxide warning sticker must be displayed on the interior of the vessel. Also, a carbon monoxide detector is recommended.

Teak surfing (hanging on to the swim step and being pulled through the water) is another potential hazard due to carbon monoxide poisoning. Do not allow anyone to drag themselves by the swim step behind a boat with an engine running. Also, do not allow anyone to sit on the rear swim step while the engine is running. For safety, boaters should stay clear of another vessel's stern exhaust. Carbon monoxide poisoning can happen easily in a confined area.

Vessel Traffic Systems and Shipping Lanes

Commercial ships travel Puget Sound and the Columbia River. This transport is vital to the U.S. economy. It is important for recreational boaters to stay clear of shipping lanes whenever possible and to be aware of their responsibilities when in those lanes. Puget Sound has a Vessel Traffic Service (VTS) run by the US Coast Guard that oversees the shipping lanes through the Strait of Juan De Fuca and into Seattle. The Columbia River has shipping lanes but no vessel traffic system. The following lists procedural requirements for operating in shipping lanes:

1. shipping lanes in an area are identified on nautical charts

2. avoid the commercial shipping traffic lanes by as wide a margin as possible

3. always give commercial traffic the right of way

4. cross the lanes at 90 degrees or as practical to the prevailing traffic

5. always go astern of deep-draft traffic

6. watch for ships under tow in the shipping lanes

7. never cross ahead of a tug or between a tug and its tow

8. commercial ships in shipping lanes have right of way regardless of the type of recreational vessel.

9. never anchor in shipping lanes for any reason

10. when trying to contact commercial vessels in Puget Sound, the officer on the bridge will be standing by on channel 14/5A or 13, the frequency VTS uses. Note that they are not obligated to stand by channel 16.

Be on the alert for commercial traffic. These vessels have difficulty seeing smaller recreational craft and can take up to two miles to stop.

Vessels are often towed in shipping lanes. It's important to know the light pattern that signifies a ship is under tow. For example, a power-driven vessel must carry, in addition to its normal sidelights, two masthead white lights in a vertical line when pushing ahead, towing alongside another vessel or towing from astern. Vessels being pushed or towed alongside must have sidelights and a "special flashing light" (yellow) toward the forward end. A vessel being towed astern carries sidelights and a stern light but no white forward lights.

Homeland Security

Washington has major military bases throughout the Puget Sound region, including Bremerton, Everett, Whidbey Island, and on Hood Canal. Boaters are in federal violation if they come within 100 yards of any Navy Unit (vessel) at anchor, at the dock, or underway. At 500 yards reduce speed to minimum necessary to maintain steerageway. Boaters are also in federal violation if they come within 100 yards of any tanker, ferry or cruise ship at anchor, at the dock or underway. Again, at 500 yards they must reduce speed to minimum necessary to maintain steerage.

Accident Reporting

It is often from the unpleasant experiences of others that the rest of us can best learn how to be safe on the water. The Washington State Legislature recognized this fact, and charged the Washington State Parks and Recreation Commission with the responsibility to develop an accident reporting system. By law, a boat operator/owner must report any accident causing damage over $500, or where a person requires medical treatment beyond first aid, or the complete loss of a vessel, loss of life or disappearance of any person engaged in recreational boating.

1. The operator of a vessel involved in a collision, accident, or other casualty, to the extent the operator can do so without serious danger to the operator's own vessel or persons aboard, shall render all practical and necessary assistance to persons affected by the collision, accident, or casualty to save them from danger caused by the incident. Under no circumstances may the rendering of assistance or other compliance with this section be evidence of the liability of such operator for the collision, accident, or casualty. The operator shall also give all pertinent accident information to the law enforcement agency having jurisdiction: PROVIDED, that this requirement does not apply to operators of vessels when they are participating in an organized competitive event authorized or otherwise permitted by the appropriate agency having jurisdiction and authority to authorize such events.

2. Any person who in good faith renders assistance at the scene of a vessel collision, accident, or other casualty, without objection of the person assisted, shall not be held liable for any civil damages 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, where the assisting person acts as any reasonably prudent person would have acted under the same or similar circumstances.

3. An operator of a vessel is guilty of a class C felony if the operator:

1. is involved in a collision that results in injury to a person;

2. knew or reasonably should have known that a person was injured in the collision; and

3. leaves the scene of the collision without rendering all practical and necessary assistance to the injured person as required by law.

4. A person can be charged with homicide by watercraft under certain conditions:

1. if a person dies within three years as a result of injury caused by the operation of a vessel, or

2. the operator is under the influence of alcohol or drugs, or

3. is operating in a reckless manner.

5. A person can be charged with assault by watercraft under certain conditions:

1. if serious bodily injury occurs such as risk of death, permanent disfigurement, or loss of function of a part of the body or organ, and

2. is operating in a reckless manner, or

3. is under the influence of alcohol or drugs.

6. Avoid using a cell phone for a distress call. VHF-FM radio is monitored by nearby vessels who can assist.

Tsunamis

Washington State rests on the Pacific Rim, the main generator of seismic events that can create tsunamis. Washington has had tsunamis and it is reasonable to expect they will occur again. It is important for boaters in coastal areas including Puget Sound to know what to do in the event of a tsunami.

1. a tsunami is a series of ocean waves that are caused by disturbances in the earth's crust. Earthquakes, volcanic eruptions, explosions, landslides and meteorite impacts can all cause tsunamis.

2. tsunamis are capable of flooding areas hundreds of feet inland past the normal high tide line. The water moves at three to six hundred mph and can crush almost anything in its path.

3. tsunamis cause rapid changes in the water including water levels and unpredictable currents especially in harbors and entrance channels.

4. tsunamis move very quickly, several hundred miles per hour so there will be little time available to get to high ground. If you are in an earthquake strong enough to knock you down, forget your boat and follow your local tsunami evacuation route procedures.

5. if you receive a tsunami warning that allows you time to take care of your boat: move your trailered boat to an area outside the evacuation zone.

6. have an evacuation plan including what to do with your boat and belongings. Plan what you will take off your boat if you cannot move the boat itself.

7. if time allows operators can take their boat into deeper water (at least 1,200 feet deep) that is not in a harbor or at the entrance to a channel.

8. if the body of water is either in the Puget Sound or the Lower Columbia River, boaters should anticipate heavy shipping traffic heading seaward by large ships. Boaters may not be able to get their vessel out of the harbor in time and their best strategy is to leave the boat. Boat owners should take along their insurance and ownership papers as they evacuate.

According to the National Oceanic and Atmospheric Administration in the event of a tsunami warning boaters should:

1. if in deep water (600 feet or greater) stay at sea

2. if in shallow water or harbors move to deep water if there is enough time and weather conditions are suitable.

3. boats taken out to sea, should not return until there's an All Clear on the radio by the Civil Defense agency.

Listen to NOAA Weather Radio or your local radio station for information on shelter locations and emergency broadcasts. NOAA Weather Radio Frequencies are:

Astoria 162.40 MHz
Mt. Octopus 162.475 MHz
Olympia 162.475 MHz

Registration

All recreational vessels are required to display their vessel registration numbers. Vessels documented by the United States Coast Guard are prohibited from displaying a registration number.

The Washington registration period is from July 1 through June 30 each year. Washington registration decals are valid for 1 year.

Vessel registration numbers:

1. uniquely identify a vessel (the same way license plate numbers identify a vehicle);

2. are assigned by the Washington State Parks & Recreation Commission - Boating Programs department when you apply for initial registration for your vessel or when a vessel owner is retaining the registration number issued by the United States Coast Guard prior to July 1984;

3. are printed on your registration certificate and certificate of ownership;

The registration number assigned must:

1. be painted on or permanently attached to each side of the forward half of the vessel and easily visible for law enforcement and must be on a vertical surface;

2. be in plain vertical block characters of not less than three inches in height;

3. contrast with the color of the background and be distinctly visible and legible;

4. have spaces or hyphens that are equal to the width of a letter other than "I" or a number other than "1" between the letter and number groupings (example: WN 5678 EF or WN-5678-EF); and

5. read from left to right.

Vessel registration numbers are not transferable between vessels. Once assigned, a vessel registration number cannot be reassigned to another vessel.

Washington licensed vessel dealers must display dealer registration numbers and decals assigned and issued by the department. Dealer registration numbers and decals must be displayed in the following manner:

1. the department assigned dealer vessel registration number must be permanently attached to a backing plate;

2. the department issued decal must be affixed within six inches aft of and directly on line with the dealer registration number as provided by WAC 308-90-070(1); and

3. the backing plate must be attached to the forward half of the vessel so that the number is visible from each side of the vessel when observed from outside the vessel.

No person may use a vessel on the waters of this state that has any number that is not issued by an issuing authority - the Washington State Department of Licensing - for that vessel on its forward half.

All vessels sixteen feet or longer equipped with propulsionary machinery or sails, are subject to excise tax, registration and titling, including the following:

1. amphibious vessels (vehicles);

2. docking hulls;

3. houseboats;

4. inflatable vessels with motors;

5. personal watercraft (jet ski, wet bike, etc.);

6. racing vessels.

The following vessels are exempt from registration, titling, and the assessment of excise tax:

Vessels exempt from registration under RCW 88.02.030, including but not limited to:

1. commercial fishing vessels

2. barges

3. documented charter vessels, including, bare boat and time share charters;

4. vessels owned by Indian tribes and tribal members.