Admiralty law, also called maritime law, is the body of law that governs activities at sea, on lakes or in other bodies of water. Among other water-based activities, admiralty law regulates the private use of recreational vessels and the commercial use of passenger or cargo boats. If you are interested in boating laws or if you intend to operate a watercraft for personal or professional use, it is important to understand some of the essential maritime or admiralty terms.
Of a long list of admiralty terms, the most important may be the term vessel. This word describes the type of boat or watercraft covered by a specific aspect of admiralty law. In both state and federal statutes, vessel is broadly defined to include anything used or capable of being used as a means of transport on open waters. The term vessel can refer to everything from a raft to a jet ski to a large cargo ship. Because the term is broadly defined, most statutes will further clarify which types of vessel are covered by certain laws.
Another important admiralty term is navigable waters. Whether a given body of water is considered to be navigable or not is important because this label determines whether the federal or state government has the authority to issue regulations.
The U.S. Constitution vests certain powers in the federal government and leaves other powers to the states. Under this separation of powers, the federal government has the right to pass laws on vessels and waterways if they are considered to affect interstate commerce, while states have the authority to make laws on other waterways.
A four-part test has been established to determine if a body of water is navigable or not. The test examines whether the water is subject to the tide's ebb and flow; whether it connects to interstate waters; whether it has the capacity to be navigated and whether it is actually being navigated. The results of this test will determine if the water is considered navigable and subject to federal control or if the regulation of the waterway should be left to the state. Navigable waters may include streams, lakes, rivers, the Intracoastal Waterway, canals and off-shore waters.
These terms are just two examples of the many maritime terms employed in the field of admiralty and maritime law. For more information about this field of law and your legal right to operate boats or other vessels, contact an attorney who specializes in maritime law.