Both the federal government and local state governments can pass regulations related to boating and boat safety. However, while states may pass their own laws to supplement federal requirements, states cannot pass laws that conflict with federal mandates and restrictions.
The majority of federal boating laws regulate commercial vessels and vessels that travel on international waters, but there are also federal mandates that affect recreational boaters and passenger boats or watercrafts. Regulations on boats and boaters are found in Subtitle II- Vessels and Seamen of Title 46, which is divided into multiple parts.
Title 46 addresses a number of issues related to recreational boating and recreational watercrafts and vessels. Inspection and regulation of recreational vessels, for example, is addressed in Part B Chapter 43 of this code section. Documentation and identification of vessels is found in part H and state boating safety programs are regulated in Part I of Chapter 131.
State laws on recreational vessels vary widely. For example, in the state of California, no license is required to operate recreational passenger vessels that are not used for commercial purposes. In the state of Connecticut, on the other hand, boating certification is required for any motor-powered boats no matter how small the motor. Connecticut also requires certification for the operation of other personal watercrafts.
State requirements for boating laws must not contradict any federal law, although state laws may impose additional requirements and be more stringent than those passed by the federal government. In addition, states retain the right to regulate yacht and boat brokers, the numbering and titling of recreational vessels, and reporting requirements for boat collisions. States also have the authority to pass criminal laws addressing the negligent or careless operations of boats or other recreational water vessels.
If you are involved in boating in any state, it is important to know the laws and requirements for licensure and safe operation of the vessel. To learn more, contact the Boating Law Administrators office in the relevant jurisdiction or consider speaking with an attorney who specializes in maritime and boating laws.