"Increase patrols, with more severe penalties for reckless operators." "Form a boat patrol with arresting power to enforce safe boating practice." General Comments Has licensing car drivers "Ask yourselves a question!!! I think this is just another "This, of course, would be quite costly but I think some sort of educational program would be helpful." "I talked to 10 boat owners today. None are for it." "Keep it out of politics." "License for boat operators might be restricted to those with certain horsepower motors." "A license would only give 97% of the boaters a superiority complex anyhow. It would be better to let the idiots kill each other off." "Anyone that operates, or drives a boat should have a license and liability insurance-same as an automobile-" "This is just a waste of time." "Let's leave it as is." "Early training for young boaters similar to the Michigan program, plus a test of boat handling proficiency." "Enforcement of present rules. Enactment of new rules collections only create more bureaucrats." "I am against the Federal government licensing boats in any form. If such laws are passed I will sell or sink my boat rather than participate in the program." APPENDIX VII GAO CALCULATION OF SAMPLING ERROR The results of our survey indicate that, of the total number of questionnaires we received, 41.4 percent were from boatowners in favor of licensing and 56.3 percent were from boatowners opposed to licensing. To calculate the sampling error we used the following formula. t = 1.96 (the factor for 95% confidence level) P = the proportion of either positive or nega- Therefore, at a 95-percent confidence level, the survey results would be 41.4 ± 2.7 percent in favor and 56.3 ± 2.7 percent opposed. (Whereupon, at 12: 35 p.m. the subcommittee recessed, to reconvene at 10:30 a.m. Thursday, July 16, 1970.) 28 RECREATIONAL BOAT SAFETY THURSDAY, JULY 16, 1970 HOUSE OF REPRESENTATIVES, COAST AND GEODETIC SURVEY, AND NAVIGATION OF THE Washington, D.C. The subcommittee met at 10:50 a.m., pursuant to call, in room 1334, Longworth House Office Building, Hon. Frank M. Clark (chairman of the subcommittee) presiding. Mr. CLARK. Gentlemen, it would help expedite things, if it is all right with the witnesses, that they can go ahead and have their comments put in the record and probably end up like we did yesterday by having a full subcommittee here before you are finished. The subcommittee will come to order. As our first witness this morning Mr. Donald Beghin, who is supervisor of boating activities in the Wisconsin Department of Natural Resources. STATEMENT OF DONALD L. BEGHIN, SUPERVISOR, BOATING ACTIVITIES, WISCONSIN DEPARTMENT OF NATURAL RESOURCES Mr. BEGHIN. Mr. Chairman, members of the committee, which may or may not show up, as stated, my name is Donald Beghin. I am supervisor of Natural Resources for the State of Wisconsin. Wisconsin is appreciative of the opportunity to appear before you and support several amendments to H.R. 15041 which have been or will be submitted on behalf of the National Association of State Boating Law Administrators by its president, Mr. Robert Rittenhouse, boating administrator for the State of Oregon. A copy of the proposed amendments and a short explanation of each is attached. (The attachments referred to follow :) AMENDMENTS TO H.R. 15041 PROPOSED BY THE NATIONAL ASSOCIATION OF STATE BOATING LAW ADMINISTRATORS Sec. 3. Definitions On page 4, after subparagraph (10), add a new subparagraph: "(11) 'Safety certificate' means a certificate evidencing that the holder thereof has successfully completed a state approved course of instruction in boating safety." COMMENTS: This defines these words which are used in Section 22 and which appear in like fashion in the current provisions of the Bonner Act. Most State boating officials have interpreted this language to permit and perhaps even to encourage the requirement on the State level that any operator of a numbered vessel must have a boat operator's license. In the past, such a program was deemed the answer to most of boating's ills but, upon investigation, was found to fall far short of its promise. To be effective, a program of operator's licenses must be preceded by an extensive educational program to assure that the license itself means something. With the proposed definition of a safety certificate, an adequate safeguard would be established to assure that any program requiring the carrying of a certificate would be educational in nature and not merely a guise for the collection of taxes. Sec. 4. Applicability On page 5, delete lines 9 and 10 and insert: "(3) A vessel whose owner is a state or a subdivision thereof, used exclusively in the public service and which is clearly identifiable as such; or". COMMENTS: Many local units of government operate boat liveries which rent or otherwise make available to the public watercraft for recreational use. There is a need for the identification of such vessels through the numbering system which the language of the Bill would frustrate by allowing their exemption. A vessel used exclusively in the public service, however, would most likely be an enforcement or fire craft which would be so clearly marked as to negate the necessity for identification through the numbering system. Sec. 6. Prescribing regulations and standards On page 7, after subparagraph (4), add a new subparagraph: "(5) Provide a statement indicating the reasons and considerations in formulating and prescribing regulations and standards pursuant to Section 5 of this Act." COMMENTS: The purpose of this subparagraph is to require that additional background information be made available by the Secretary as to the reasons for prescribing certain regulations. Provision of such background data would be of material assistance to experts in the field of boating safety when reviewing proposed regulations submitted under the administrative procedures requirements of existing law. Sec. 10. Federal preemption On page 8, line 17, after "Act", insert: ", except for such detached safety equipment a State may require to meet unusual conditions." COMMENTS: Although uniform boating standards are a most desirable goal, it must be recognized that there are instances where peculiar local conditions require peculiar local action. The suggested amendment would make such action possible without materially threatening uniformity in this area. Sec. 12. Prohibited acts While not proposing an amendment at this time, the Administrators express uncertainty regarding this Section insofar as the word "assemble" on page 9, line 3, contemplates alteration. Does alteration break the chain of responsibility? Conversely, is a manufacturer jointly liable for circumstances beyond his control, as in the case of a distributor or dealer who alters the product? And finally, is the seller responsible for a noncomplying product which he does not or cannot reasonably know is noncomplying? It is the opinion of the Boating Administrators that under the present language of the Bill, the Department of Transportation would be required to cite all parties in the distribution chain, notwithstanding their lack of contribution to the noncompliance of the product. It is suggested that there be further review and clarification of this Section. Sec. 13. Summary termination of use It is the recommendation of the Boating Law Administrators that this entire Section be deleted. Regardless of how well trained and courteous the enforcement officer of the Coast Guard might be, he will still generally be young and his judgment questioned. Further, if the conditions recited in this Section must actually exist before an operator can be directed to return to his mooring, there is every likelihood the occupants would be in serious jeopardy in so doing. Finally, this Section does not materially add to the present tools of an enforcement officer. If a boat is found deficient in its equipment, a violation has occurred and actually continues to occur until corrected. On this basis, the operator would be advised by the enforcement officer that another violation will be issued if the boat is continued in operation should the defect be of significant seriousness. Sec. 18. Standard numbering On page 14, line 10, delete "two" and insert "three". COMMENTS: It is felt that the two years called for in the Bill provides inadequate lead time for state legislatures to revise their boat numbering systems. Accordingly, it is recommended that the two-year period be changed to three years in order to provide at least two legislative sessions in which to achieve the change. On page 14, delete lines 11 through 14, and insert: "(c) When a vessel is numbered validly in the State of principal use, it shall be considered as being in compliance with the numbering system requirements of any State in which it is temporarily used." COMMENTS: The current language of the Bill permits a boat which may not be required to be numbered in its State of principal use to be utilized legally in another State which may require the numbering of this particular type of craft. A requirement of this nature literally requires the enforcement officer to be aware of the laws of all States in determining whether or not a foreign boat is entitled to reciprocity. With this amendment only valid numbers are entitled to reciprocity, thus avoiding this problem. On page 14, line 15, delete "boat" and insert "vessel". COMMENTS: The first two amendments are consistent with the philosophy outlined above. Reducing the period of reciprocity from 90 days to 30 days is strongly recommended by the National Association of State Boating Law Administrators in recognition of the fact that, in many States, the boating season only lasts approximately 90 days. On page 15, line 7, after "required," insert "and the State has not corrected such failures within a reasonable time after being notified by the Secretary". COMMENTS: It is believed reasonable to require the Secretary to first notify the State of any defects in its numbering system and to give the State reasonable time to correct the defects before the Secretary withdraws approval of the State system. Sec. 21. Display of number On page 16, lines 17 and 20, delete "bow" and insert "forward half". COMMENTS: Many boats have flaring bows which obscure the vessel's identifying numbers. Strictly construed, the language of the Bill would still require the placement of the numbers on the bow and thus render them virtually invisible. By changing the bow to the "forward half" of the vessel, the numbers can be moved back slightly to increase visibility and comply with the Bill. Sec. 25. State boating safety programs, establishment and acceptance On page 18, line 1, after the words "27(b).", delete the balance of the Section. COMMENTS: The purpose of this Bill is to provide for State-conducted boating safety and enforcement programs. Yet the language which the States propose be deleted would permit the establishment of competing safety education training in the State through the provision of Federal grants. It is the belief of the States that all boating safety educational courses should be administered by the State as a part of the State's approved program rather than independently as is provided in this Section. Sec. 26. Boating safety program content On page 18, line 25, delete “and”. On page 19, line 3, delete the period and insert "; and". On page 19, add a new subparagraph after subparagraph (5): "(6) provides for boating safety education programs." COMMENTS: This language, in view of the purpose of the Bill, was obviously omitted in the original draft. The establishment of boating safety education programs is one of the basic purposes of the Act. In addition, this language permits the State to recognize nonprofit organizations which provide courses of this nature. |