The regulation of motor vehicles in Texas doesn't stop at the roads and highways. Texas boating laws also provide oversight on the operation of boats on the many Texas waterways. However, the regulation of these two kinds of vessels differs significantly. The following article provides an overview to help ensure that your compliance with Texas boating laws is watertight.
Vessel Titling and Registration
Texas boating laws require that all motorized boats, sailboats larger than 14 feet or with an auxiliary engine, and all internal combustion outboard motors must be registered and bear a certificate of title. These documents establish the ownership and responsibility for the craft in question.
Boating Licenses
Although the rules relating to the operation of boats is more liberal than the rules for operating other kinds of motor vehicles, there are still some basic requirements that must be met under Texas law. Texas does not issue a boating license, but there are age and education requirements for the operation of some boats. The chart below provides an overview of these requirements.
Boating and Alcohol
Boating has some similarities and distinctions from automobile operation when it comes to alcohol possession and use. Boating under the influence of alcohol or drugs (BUI) is prohibited. The chart below contains information about alcohol possession, intoxication, and other issues relating to alcohol and Texas boating laws.
Texas Boating Laws: The Basics
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| Age & Education Requirements | Boater age and education requirements exist for the following watercraft:
A person under the age of 13 can only operate a boat if they are supervised by a person over 18 years of age who is qualified to operate the boat in question and is onboard while the vessel is underway. Those 13 and older may operate a boat without supervision if they have passed a boater education course accepted by the Texas Parks and Wildlife Department (TPWD.) Completion of such a course results in the issuance of a Boater Education Card, which vessel operators are required to carry with them and present for inspection to Texas law enforcement officers upon request. Boaters are also required to carry a photo ID. Not carrying the Boater Education Card can result in a fine. Those born before September 1, 1993 are not subject to the boater education requirement, though completion of a boater education program may reduce insurance costs. |
| Boating Under the Influence |
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| Boating Accidents | A boating accident must be reported to the TPWD or the nearest law enforcement agency within 30 days of the incident if:
Operators of vessels involved in an accident also have many of the same obligations held by motorists involved in accidents, including the obligation to stay, render assistance, and to provide information to those injured. |
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
Research the Law
- Texas Law
- Texas Parks and Wildlife Code
- Boating Under the Influence
Find Out More About Texas Boating Laws
Texas boating laws involve much more complexity than is practical to discuss here. Whether you have been accused of reckless or negligent operation of a vehicle, or have incensing issues or problems with your boat itself, a lawyer can help unravel the law. You'll want to consult with a local Texas boating attorney in your area to get your specific questions answered today.
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.
Contact a qualified attorney.
Posted by : attorney stevelee
Whether you are taking a leisurely trip with the family, celebrating a holiday, or just trying to blow off steam, Texas has hundreds of places to rev up your boat. However, just as driver safety laws help to decrease roadway accidents, Texas has watercraft laws that are essential for keeping our waterways safe and injury free. One of the most important of these laws pertains to drinking, drug use, and boating while intoxicated.
The Law
As a result of the popularity of boating in Texas, boaters are required to refrain from operating a boat, sea vessel, motorized flotation device, or even water skis while intoxicated. Unfortunately, these laws are regularly flouted by drunk boat operators offshore or on lakes who end up hurting other people. In fact, of the total boating accidents on Texas waters, half involve the use of alcohol.
Although drinking while boating and having open containers of alcohol on operating watercraft is legal, the line is drawn when intoxication and impairment come into play. BWI, or boating while intoxicated, is similar to driving under the influence and is subject to similar rules and consequences. For example, if the coast guard or police establish that the operator of a watercraft has a blood alcohol level of 0.08 percent or higher, the driver may be subject to the following:
- Fines. A first offense can carry a fine up to $2,000 while additional offenses can carry fines up to $10,000.
- Jail time. Sentencing for first conviction can demand up to180 days. A second conviction carries jail time up to one year, and third conviction can require two to ten years of incarceration.
- Civil lawsuit liability. If the intoxicated boater’s actions caused an accident or any injury (intoxication assault), he could be held liable for damages, medical expenses, and court costs for the subsequent injury claims. Furthermore, if the incident proved to be fatal, the intoxicated boater could also be convicted of intoxication manslaughter, which is a felony.
Unfortunately, despite the laws and consequences, hundreds of boaters continue to rev up their engines, beer in one hand and a complete disregard for safety in the other. So what does this mean for you? It means that your family’s next leisurely boat ride or beach day could wind up a disaster as the result of someone else’s careless decision.
Protecting Yourself
Under Texas law, the victim of an intoxicated boater has the right to hold that driver accountable for his actions. Whether the accident caused a boat to crash into another boat, or another object to collide into an innocent swimmer, if the negligent actions of the inebriated driver resulted in physical or proprietary damages, the victim is entitled to compensation. Period.
The majority of non-commercial boating accidents are covered by state negligence laws and are eligible for insurance coverage. As a result, victims can seek damages and compensation for medical costs, pain and suffering, wrongful death, punitive damages, and a host of other legitimate accident concerns. However, although you have the right to compensation, that doesn’t mean getting it will be easy. Below are a few tips you can use to ensure your claim is strong and the negligent party doesn’t make any further waves for you and your family.
- Assess your injuries. Following a boating accident, the first thing you need to do is assess your injuries. If you or someone you love is injured, seek medical attention immediately.
- Analyze the accident. Once your medical condition is stable, you must take the opportunity to investigate and analyze the accident. Pay particular attention to the location of the accident. Take photos and fill out a journal describing the incident. Make sure the responding officer performs a sobriety test on the driver (also make sure you receive a copy of the full report). Witness accounts are also essential to help recreate the incident and provide third-party accounts that can verify your claim’s validity.
- Secure a qualified and experienced attorney. Learn about your legal protections today by consulting an experienced personal injury and maritime lawyer. Attorney Steve Lee is standing by now to conduct a FREE consultation to discuss your claim. Call our office or fill out the contact form on our website to schedule your appointment.
There’s no need when it comes to your legal rights, to continue to bob around in a sea of uncertainty. Allow us to calm the waves of distress and get you back to enjoying your time on the water. We’re waiting for your call.