Laws and Safety Equipment

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Chapter Two: Delaware Laws and Safety Requirements

Practice safe and legal boating every time you are on the water. Boating is a highly regulated recreational activity, and there may be occasions when a law enforcement officer will inspect your boat for compliance with equipment and legal conformity. The boat operator has the responsibility of ensuring the safety of all passengers and this includes making certain all required safety equipment is onboard the boat and ready to use.

LAW ENFORCEMENT

Delaware Department of Natural Resources and Environmental Control (DNREC) , Division of Fish and Wildlife, 89 Kings Highway, Dover, Delaware – Responsible for enforcement within the geographical boundaries of the state.

USCG – Responsible for federal boating regulation and enforcement on all federal navigable waters.

County or City marine officers (may be fire or police departments)– responsible for enforcement within the geographical boundaries of a particular County or City.

If stopped by a law enforcement or marine patrol officer, slow down and bring your boat to a stop if it is safe to do so. Once stopped, wait for further directions from the officer. Generally, the officer will maneuver the patrol boat to you.

Orders by Enforcement Officers

In Delaware, it is a violation of law for a person to willfully fail or refuse to comply with any lawful order or direction of an enforcement officer invested by law with authority to enforce the boating regulations.

Definitions

"Boat" shall mean any vessel manufactured or used primarily for noncommercial use; leased, rented, or chartered to another for the latter's noncommercial use; or engaged in the carrying of 6 or fewer passengers for hire.

"Division" shall mean the Division of Fish and Wildlife.

"Enforcement officer" shall mean a sworn member of a police force or other law-enforcement agency of this State or of any county or municipality who is responsible for the prevention and the detection of crime and the enforcement of the laws of this State or other governmental units within the State.

"Especially Hazardous Condition" shall mean a condition which endangers the life of a person on board a vessel.

"First Aid" shall mean emergency care and treatment of an injured person before definitive medical and surgical management can be secured.

"Issuing Authority" shall mean a state where a numbering system for vessels has been approved by the Coast Guard or the Coast Guard where a numbering system has not been approved. Issuing authorities are listed in Appendix A.

"Motorboat" shall mean any vessel 65 feet (19.8 m) in length or less equipped with propulsion machinery, including steam.

"Motor Vessel" shall mean any vessel more than 65 feet (19.8 m) in length propelled by machinery other than steam.

"Negligent" shall mean the omission to do something which a reasonable person, guided by those ordinary considerations which ordinarily regulate human affairs, would do, or the doing of something which a reasonable and prudent person would not do.

"Open Boat" shall mean a motorboat or motor vessel with all engine and fuel tank compartments, and other spaces to which explosive or flammable gases and vapors from these compartments may flow, open to the atmosphere and so arranged as to prevent the entrapment of such gases and vapors within the vessel.

"Operate" shall mean to navigate or otherwise use.

"Operator" shall mean that person in control or in charge of the vessel while the vessel is in use.

"Owner" shall mean a person who claims lawful possession of a vessel by virtue of legal title or equitable interest therein which entitles him/her to such possession.

"Racing Shell, Rowing Scull, Racing Canoe or Racing Kayak" shall mean a manually propelled vessel that is recognized by national or international racing associations for use in competitive racing and one in which all occupants row, scull, or paddle, with the exception of a coxswain, if one is provided, and is not designed to carry and does not carry any equipment not solely for competitive racing.

"Recreational Vessel" shall mean any vessel manufactured or used primarily for noncommercial use; or leased, rented, or chartered to another for the latter's noncommercial use. It does not include a vessel engaged in the carrying of 6 or fewer passengers for hire.

"Slow-No-Wake" shall mean as slow as possible without losing steerage way and so as to make the least possible wake. (This almost always means speeds of less than 5 miles per hour.)

"State of Principal Use" shall mean a state on whose waters a vessel is used or to be used most during a calendar year. It shall mean this State if the vessel is to be used, docked, or stowed on the waters of this State for over 60 consecutive days.

"Use" shall mean to operate, navigate, or employ.

"Water skiing" shall include any activity whereby a person is towed behind or alongside a vessel.