What law, state or federal, governs recreational boats?
It is important to remember that the federal general maritime law supersedes all state laws concerning vessels of any type. However, the states may enact additional laws which do not conflict with the federal legislation (or the lack thereof in some instances). For example, states are allowed to regulate yacht brokers and sales persons, data systems for the registration, numbering and titling of vessels, and establish collision reporting in addition to that required by United States statutes. States may also establish criminal penalties for reckless and careless operation of boats including punishment for boating under the influence of alcohol or other substances.
A chief limitation on the state’s rights to regulate boating within its territorial waters depends on whether or not there is a conflict with any federal law. In the event that there is a conflict, federal law applies.
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