3100 Boating
1.0 General (Formerly BR-1)
(Penalty Section 23 Del.C. §2125)
1.1 Code of Federal Regulations.
These regulations reference provisions from the Code of Federal Regulations (CFR), revised as of July 1, 1997, and October 1, 1996, for U.S.C. Titles 33 and 46, respectively.
1.2 Application of Regulations.
Unless otherwise specified, these regulations shall apply to all vessels used on the waters of this State.
1.3 Obedience to Orders by Enforcement Officers.
It shall be a violation of this regulation for a person to willfully fail or refuse to comply with any lawful order or direction of an enforcement officer invested by law with authority to enforce these regulations.
1 DE Reg. 1772 (5/1/98)
2.0 Definitions. (Formerly BR-2 )
2.1 For purposes of 3.0 through 12.0, the following words and phrases shall have the meaning ascribed to them unless the context clearly indicates otherwise:
"All-round light" shall mean a light showing an unbroken light over an arc of the horizon of 360 degrees.
"Boat" shall mean any vessel manufactured or used primarily for noncommercial use; leased, rented, or chartered to another for the latter's noncommercial use; or engaged in the carrying of 6 or fewer passengers for hire.
"Coast Guard Approved" shall mean that the equipment has been determined to be in compliance with Coast Guard specifications and regulations relating to the materials, construction, and performance.
"Commercial Hybrid PFD" shall mean a hybrid PFD approved for use on commercial vessels identified on the PFD label.
"Division" shall mean the Division of Fish and Wildlife.
"Enforcement officer" shall mean a sworn member of a police force or other law-enforcement agency of this State or of any county or municipality who is responsible for the prevention and the detection of crime and the enforcement of the laws of this State or other governmental units within the State.
"Especially Hazardous Condition" shall mean a condition which endangers the life of a person on board a vessel.
"First Aid" shall mean emergency care and treatment of an injured person before definitive medical and surgical management can be secured.
"Issuing Authority" shall mean a state where a numbering system for vessels has been approved by the Coast Guard or the Coast Guard where a numbering system has not been approved. Issuing authorities are listed in Appendix A.
"Masthead Light" shall mean a white light placed over the fore and aft centerline of a vessel showing an unbroken light over an arc of the horizon of 225 degrees and so fixed as to show the light from right ahead to 22.5 degrees abaft the beam on either side of the vessel, except that on a vessel of less than 12 meters (39.4 ft.) in length the masthead light shall be placed as nearly as practicable to the fore and aft centerline of the vessel.
"Motorboat" shall mean any vessel 65 feet (19.8 m) in length or less equipped with propulsion machinery, including steam.
"Motor Vessel" shall mean any vessel more than 65 feet (19.8 m) in length propelled by machinery other than steam.
"Navigable Channel" shall mean a channel plotted on a National Oceanic and Atmospheric Administration nautical chart or a channel marked with buoys, lights, beacons, ranges, or other markers by the Coast Guard or with Coast Guard approval.
"Negligent" shall mean the omission to do something which a reasonable person, guided by those ordinary considerations which ordinarily regulate human affairs, would do, or the doing of something which a reasonable and prudent person would not do.
"Open Boat" shall mean a motorboat or motor vessel with all engine and fuel tank compartments, and other spaces to which explosive or flammable gases and vapors from these compartments may flow, open to the atmosphere and so arranged as to prevent the entrapment of such gases and vapors within the vessel.
"Operate" shall mean to navigate or otherwise use.
"Operator" shall mean that person in control or in charge of the vessel while the vessel is in use.
"Owner" shall mean a person who claims lawful possession of a vessel by virtue of legal title or equitable interest therein which entitles him/her to such possession.
"Passenger for Hire" shall mean a passenger for whom consideration is contributed as a condition of carriage on the vessel, whether directly or indirectly flowing to the owner, charterer, operator, agent, or any other person having an interest in the vessel.
"Personal Flotation Device" shall mean a device that is approved by the Commandant of the Coast Guard pursuant to 46 CFR Part 160.
"PFD" shall mean personal flotation device.
"Racing Shell, Rowing Scull, Racing Canoe or Racing Kayak" shall mean a manually propelled vessel that is recognized by national or international racing associations for use in competitive racing and one in which all occupants row, scull, or paddle, with the exception of a coxswain, if one is provided, and is not designed to carry and does not carry any equipment not solely for competitive racing.
"Recreational Vessel" shall mean any vessel manufactured or used primarily for noncommercial use; or leased, rented, or chartered to another for the latter's noncommercial use. It does not include a vessel engaged in the carrying of 6 or fewer passengers for hire.
"Restricted Visibility" shall mean any condition in which visibility is restricted by fog, mist, falling snow, heavy rainstorms, or any other similar causes.
"Ship Lifeboat" shall mean a lifeboat carried aboard a vessel and used exclusively for lifesaving purposes.
"Sidelights" shall mean a green light on the starboard side and a red light on the port side each showing an unbroken light over an arc of the horizon of 112.5 degrees and so fixed as to show the light from right ahead to 22.5 degrees abaft the beam on its respective side. On a vessel of less than 20 meters (65.6 ft.) in length, the sidelights may be combined in one lantern carried on the fore and aft centerline of the vessel, except that on a vessel of less than 12 meters (39.4 ft.) in length the sidelights when combined in one lantern shall be placed as nearly as practicable to the fore and aft centerline of the vessel.
"Slow-No-Wake" shall mean as slow as possible without losing steerage way and so as to make the least possible wake. (This almost always means speeds of less than 5 miles per hour.)
"Special Flashing Light" shall mean a yellow light flashing at regular intervals at a frequency of 50 to 70 flashes per minute, placed as far forward and as nearly as practicable on the fore and aft centerline of the tow and showing an unbroken light over an arc of the horizon of not less than 180 degrees nor more than 225 degrees and so fixed as to show the light from right ahead to abeam and no more than 22.5 degrees abaft the beam on either side of the vessel.
"State of Principal Use" shall mean a state on whose waters a vessel is used or to be used most during a calendar year. It shall mean this State if the vessel is to be used, docked, or stowed on the waters of this State for over 60 consecutive days.
"Sternlight" shall mean a white light placed as nearly as practicable at the stern showing an unbroken light over an arc of the horizon of 135 degrees and so fixed as to show the light 67.5 degrees from right aft on each side of the vessel.
"Towing Light" shall mean a yellow light having the same characteristics as the sternlight.
"Type I PFD" shall mean any Coast Guard approved wearable device designed to turn most unconscious wearers in the water from a face down position to a vertical and slightly backward position. The Type I PFD has the greatest required buoyancy: the adult size provides at least 22 pounds buoyancy, and the child size provides at least 11 pounds buoyancy.
"Type II PFD" shall mean any Coast Guard approved wearable device designed to turn some unconscious wearers from a face-down position to a vertical and slightly backward position. An adult size device provides at least 15.5 pounds buoyancy, the medium child size provides at least 11 pounds, and the infant and small child sizes provide at least 7 pounds buoyancy.
"Type III PFD" shall mean any Coast Guard approved wearable device designed to maintain conscious wearers in a vertical and slightly backward position. While the Type III PFD has the same minimum buoyancy as the Type II PFD, it has little or no turning ability.
"Type IV PFD" shall mean any Coast Guard approved device designed to be thrown to a person in the water and grasped and held by such person until rescued. It is not designed to be worn. Type IV devices, which include buoyant cushions, ring buoys, and horseshoe buoys, are designed to have at least 16.5 pounds buoyancy.
"Type V PFD" shall mean any Coast Guard approved wearable device designed for a specific and restricted use. The label on the PFD indicates the kinds of activities for which the PFD may be used and whether there are limitations on how it may be used.
"Type V hybrid PFD" shall mean any Coast Guard approved wearable device designed to give additional buoyancy by inflating an air chamber. When inflated it turns the wearer similar to the action provided by a Type I, II, or III PFD (the type of performance is indicated on the label). The exact specification and performance of the PFD will vary somewhat with each device.
"Use" shall mean to operate, navigate, or employ.
"Water skiing" shall include any activity whereby a person is towed behind or alongside a vessel.
1 DE Reg. 1772 (5/1/98)
2 DE Reg. 1880 (4/1/99)
3.0 Registration, Numbering, and Marking of Vessels (Formerly BR-3)
(Penalty Section 23 Del.C. §2125)
3.1 Applicability.
This regulation shall apply to all vessels propelled by any form of mechanical power, including electric trolling motors, used or placed on the waters of this State, except the following:
3.1.1 Foreign vessels temporarily using such waters;
3.1.2 Military or public vessels of the United States, except recreational-type public vessels;
3.1.3 A vessel whose owner is a state or subdivision thereof, other than this State, which is used principally for governmental purposes, and which is clearly identifiable as such;
3.1.4 A vessel used exclusively as a boat docking facility, as defined in 3.24 of this regulation, or a ship's lifeboat; and
3.1.5 Vessels which have been issued valid marine documents by the Coast Guard.
3.2 Vessel Number Required.
3.2.1 Except as provided in 3.3 of this regulation, no person shall use or place on the waters of this State a vessel to which this regulation applies unless:
3.2.1.1 It has a number issued on a certificate of number by this State; and
3.2.1.2 The number is displayed as described in 3.8 of this regulation.
3.2.2 This regulation shall not apply to a vessel for which a valid temporary certificate has been issued to its owner by the issuing authority in the state in which the vessel is principally used.
3.3 Reciprocity.
3.3.1 When the state of principal use is a state other than this State and the vessel is properly numbered by that state, the vessel shall be deemed in compliance with the numbering system requirements of this State in which it is temporarily used.
3.3.2 When this State becomes the state of principal use for a vessel numbered by another state, the vessel's current number shall be recognized as valid for a period of 60 consecutive days before numbering is required by this State.
3.4 Other Numbers and Letters Prohibited.
No person shall use a vessel to which this regulation applies that has any letters or numbers that are not issued by an issuing authority for that vessel on its forward half.
3.5 Certificate of Number Required (Registration Card).
3.5.1 Except as provided in 3.3 of this regulation, no person shall use a vessel to which this regulation applies unless it has on board:
3.5.1.1 A valid certificate of number or temporary certificate for that vessel issued by this State; or
3.5.1.2 For rental vessels described in 3.5.2 of this section, a copy of the lease or rental agreement, signed by the owner or the owner's authorized representative and by the person leasing or renting the vessel, that contains at least:
3.5.1.2.1 The vessel number that appears on the certificate of number; and
3.5.1.2.2 The period of time for which the vessel is leased or rented.
3.5.2 The certificate of number for vessels less than 26 feet in length and leased or rented to another for the latter's noncommercial use for less than 24 hours may be retained on shore by the vessel's owner or representative at the place from which the vessel departs or returns to the possession of the owner or the owner's representative.
3.6 Inspection of Certificate.
Each person using a vessel to which this regulation applies shall present the certificate of number, lease, or rental agreement required by 3.5 of this regulation to any enforcement officer for inspection at the officer's request.
3.7 Location of Certificate of Number.
No person shall use a vessel to which this regulation applies unless the certificate of number, lease, or rental agreement required by 3.5 of this regulation is carried on board in such a manner that it can be handed to a person authorized under Section 6 of this regulation to inspect it.
3.8 Numbers: Display; Size; Color.
3.8.1 Each number required by 3.2 of this regulation shall:
3.8.1.1 Be painted on or permanently attached to each side of the forward half of the vessel, except as allowed by 3.8.2 or required by 3.8.3 of this section;
3.8.1.2 Be in plain vertical block characters of not less than 3 inches in height;
3.8.1.3 Contrast with the color of the background and be distinctly visible and legible;
3.8.1.4 Have spaces or hyphens that are equal to the width of a letter other than "I" or a number other than "1" between the letter and number groupings (example: DL 5678 D or DL-5678-D); and
3.8.1.5 Read from left to right.
3.8.2 When a vessel is used by a manufacturer or by a dealer for testing or demonstrating, the number may be painted on or attached to removable plates that are temporarily but firmly attached to each side of the forward half of the vessel.
3.8.3 On vessels so configured that a number on the hull or superstructure would not be easily visible, the number shall be painted on or attached to a backing plate that is attached to the forward half of the vessel so that the number is visible from each side of the vessel.
3.8.4 Expired validation decals shall be removed and only effective decals shall be displayed.
3.9 Notification of Issuing Authority.
The person whose name appears as the owner of a vessel on a certificate of number shall, within 15 days, notify the Division of:
3.9.1 Any change in said person's address;
3.9.2 The theft or recovery of the vessel;
3.9.3 The loss or destruction of a valid certificate of number;
3.9.4 The transfer of all or part of said person's interest in the vessel; and
3.9.5 The destruction or abandonment of the vessel.
3.10 Revocation, Cancellation or Suspension of Certificate of Number; Notice.
3.10.1 The Division may revoke, cancel or suspend the certificate of number if it is determined by the Division that the certificate of number was issued unlawfully or erroneously.
3.10.2 The Division may revoke, cancel or suspend the certificate of number for any vessel which is determined by the Division to be unsafe or unfit for use as a means of transportation on water.
3.10.3 Whenever the Division revokes, cancels or suspends the certificate of number for a vessel, the Division shall immediately notify the owner and afford the owner an opportunity for a hearing before the Division.
3.11 Removal of Number and Validation Decal.
The person whose name appears on a certificate of number as the owner of a vessel shall remove the number and validation sticker from the vessel when:
3.11.1 The vessel is documented by the Coast Guard;
3.11.2 The certificate of number is invalid under Section 14(b)(4) or (c) of this regulation; or
3.11.3 This State is no longer the state of principal use.
3.12 Application for Certificate of Number.
3.12.1 Any person who is the owner of a vessel to which 3.12 of this regulation applies may apply for a certificate of number for that vessel by submitting the following to the Division or a licensing agent:
3.12.1.1 The application prescribed by the Division;
3.12.1.2 The fee required by of 23 Del.C. §2113(a); and
3.12.1.3 Proof of ownership as required by 3.22 of this regulation.
3.12.2 Notwithstanding 3.12.1 of this section, before the Division or a licensing agent issues or renews a certificate of number for a homemade vessel, a photograph of such vessel shall be filed with the Division and the Division, upon receipt of such photograph, may, upon reasonable cause, inspect the vessel to determine if it is safe and fit to be used as a means of transportation on water. In the event a homemade vessel is determined to be unsafe or unfit, the certificate of number shall not be issued or renewed until an endorsement is secured from the Division that such vessel is safe and fit.
3.13 Duplicate Certificate of Number.
If a certificate of number is lost or destroyed, the person whose name appears on the certificate as the owner may apply for a duplicate certificate by submitting the following to the Division or a licensing agent:
3.13.1 The application prescribed by the Division; and
3.13.2 The fee required by 23 Del.C. §2113(b).
3.14 Validity of Certificate of Number; Surrender of Certificate of Number.
3.14.1 Except as provided in 3.14.2, 3.14.3, 3.14.4 and 3.14.5 of this section, a certificate of number is valid until the date of expiration prescribed by this State.
3.14.2 A certificate of number issued by this State is invalid after the date upon which:
3.14.2.1 The vessel is documented or required to be documented;
3.14.2.2 The person whose name appears on the certificate of number as owner of the vessel transfers all of his/her ownership in the vessel;
3.14.2.3 The vessel is destroyed or abandoned; or
3.14.2.4 The Division revokes, cancels or suspends the certificate of number.
3.14.3 A certificate of number issued by this State is invalid if:
3.14.3.1 The application for the certificate of number contains a false or fraudulent statement; or
3.14.3.2 The fees for the issuance of the certificate of number are not paid.
3.14.4 A certificate of number is invalid 60 days after the day on which another state becomes the state of principal use.
3.14.5 A certificate of number is invalid when the person whose name appears on the certificate involuntarily loses his/her interest in the numbered vessel by legal process.
3.14.6 The person whose name appears as the owner of a vessel on a certificate of number shall surrender the certificate to the Division or a licensing agent within 15 days after it becomes invalid under 3.14.2, 3.14.3, 3.14.4 or 3.14.5 of this section.
3.15 Validation Stickers.
3.15.1 No person shall use a vessel that has a number issued by this State unless a validation sticker was issued with the certificate of number and the sticker:
3.15.1.1 Is displayed within 6 inches of the number; and
3.15.1.2 Meets the requirements in 3.15.2 and 3.15.3 of this section.
3.15.2 Validation stickers shall be approximately 3 inches square.
3.15.3 The year in which each validation sticker expires shall be indicated by the colors, blue, international orange, green, and red, in rotation beginning with green for stickers that expired in 1975 (see Appendix B).
3.16 Contents of Application for Certificate of Number.
3.16.1 Each application for a certificate of number shall contain the following information:
3.16.1.1 Name of each owner;
3.16.1.2 Address of at least one owner, or the address of the principle place of business of an owner that is not an individual, including zip code;
3.16.1.3 Mailing address, if different from the address required by 3.16.1.2 of this section;
3.16.1.4 Date of birth of the owner;
3.16.1.5 Citizenship of the owner;
3.16.1.6 State in which vessel is or will be principally used;
3.16.1.7 The number previously issued by an issuing authority for the vessel, if any;
3.16.1.8 Expiration date of certificate of number issued by the issuing authority;
3.16.1.9 Official number assigned by the Coast Guard, if applicable;
3.16.1.10 Whether the application is for a new number, renewal of a number, or transfer of ownership;
3.16.1.11 Whether the vessel is used for pleasure, rent or lease, dealer or manufacturer demonstration, commercial passenger carrying, commercial fishing, or other commercial use;
3.16.1.12 Make of vessel or name of vessel builder, if known;
3.16.1.13 Year vessel was manufactured or built, or model year, if known;
3.16.1.14 Manufacturer's hull identification number, if any;
3.16.1.15 Overall length of vessel;
3.16.1.16 Whether the hull is wood, steel, aluminum, fiberglass, plastic, or other;
3.16.1.17 Type of vessel (open, cabin, house, etc.);
3.16.1.18 Whether the propulsion is inboard, outboard, inboard-outdrive, jet, or sail with auxiliary engine;
3.16.1.19 Whether the fuel is gasoline, diesel, or other;
3.16.1.20 Social security number, or, if that number is not available, the owner's driver's license number (if the owner is other than an individual, the owner's taxpayer identification number, social security number, or driver's license number); and
3.16.1.21 The signature of the owner.
3.16.2 An application made by a manufacturer or dealer for a number that is to be temporarily affixed to a vessel for demonstration or test purposes may omit items 3.16.1.13 through 3.16.1.20 of 3.16.1 of this section.
3.17 Contents of a Certificate of Number.
3.17.1 Except as allowed in 3.17.2 of this section, each certificate of number shall contain the following information:
3.17.1.1 Number issued to the vessel;
3.17.1.2 Expiration date of the certificate;
3.17.1.3 State of principal use;
3.17.1.4 Name of the owner;
3.17.1.5 Address of the owner, including zip code;
3.17.1.6 Whether the vessel is used for pleasure, rent or lease, dealer or manufacturer demonstration, commercial passenger carrying, commercial fishing, or other commercial use;
3.17.1.7 Manufacturer's hull identification number (or the hull identification number issued by the Division), if any;
3.17.1.8 Make of vessel;
3.17.1.9 Year vessel was manufactured;
3.17.1.10 Overall length of vessel;
3.17.1.11 Whether the vessel is an open boat, cabin cruiser, houseboat, etc.;
3.17.1.12 Whether the hull is wood, steel, aluminum, fiberglass, plastic, or other;
3.17.1.13 Whether the propulsion is inboard, outboard, inboard-outdrive, jet, or sail with auxiliary engine;
3.17.1.14 Whether the fuel is gasoline, diesel, or other; and
3.17.1.15 A quotation of the State regulations pertaining to change of ownership or address, documentation, loss, destruction, abandonment, theft or recovery of vessel, carriage of the certificate of number on board when the vessel is in use, rendering aid in a boat accident, and reporting of vessel casualties and accidents.
3.17.2 A certificate of number issued to a manufacturer or dealer to be used on a vessel for test or demonstration purposes may omit items 3.17.1.7 through 3.17.1.14 of this section if the word "manufacturer" or "dealer" is plainly marked on the certificate.
3.18 Contents of Temporary Certificate.
A temporary certificate issued pending the issuance of a certificate of number shall contain the following information:
3.18.1 Make of vessel;
3.18.2 Length of vessel;
3.18.3 Type of propulsion;
3.18.4 State in which vessel is principally used;
3.18.5 Name of owner;
3.18.6 Address of owner, including zip code;
3.18.7 Signature of owner;
3.18.8 Date of issuance; and
3.18.9 Notice to the owner that the temporary certificate is invalid after 60 days from the date of issuance.
3.19 Form of Number.
3.19.1 Each number shall consist of the two capital letters "DL" denoting this State as the issuing authority, followed by:
3.19.1.1 Not more than four numerals followed by not more than two capital letters (example: DL 1234 BD); or
3.19.1.2 Not more than three numerals followed by not more than three capital letters (example: DL 567 EFG).
3.19.2 A number suffix shall not include the letters "I", "O", or "Q," which may be mistaken for numerals.
3.20 Size of Certificate of Number.
Each certificate of number shall be 2½ by 3½ inches.
3.21 Terms and Conditions for Vessel Numbering.
Except for a recreational-type public vessel of the United States, the State shall condition the issuance of a certificate of number on title to, the original manufacturer's or importer's statement or certificate of origin, copy of notarized bill of sale, or other proof of ownership of a vessel.
3.22 Boat Registration Records.
3.22.1 All valid records shall be filed alphabetically by the last names of owners and numerically by "DL" registration numbers;
3.22.2 Invalid records shall be maintained for three years at which time they shall be destroyed.
3.23 Licensing Agents.
3.23.1 Pursuant to of 23 Del.C. §2113A(a), the Division may authorize as many qualified persons as licensing agents as it deems necessary to effectuate the efficient distribution of boat registrations. All new licensing agents shall be engaged in both retail sales and repairs of boats as a prerequisite for the issuance of boat registrations.
3.23.2 In reviewing applications from persons engaged in both retail sales and repairs of boats to issue boat registrations, the Division may consider the following factors:
3.23.2.1 The location of the applicant, particularly in relation to other licensing agents;
3.23.2.2 The number of new and unused boats sold annually by the applicant;
3.23.2.3 The number of used boats sold annually by the applicant;
3.23.2.4 The extent to which the applicant advertises the sale and repair of boats;
3.23.2.5 The extent to which the applicant is engaged in the repair of boats;
3.23.2.6 The criminal history of the applicant; and
3.23.2.7 Such other factors as the Division deems appropriate.
3.24 Boat Docking Facilities.
3.24.1 If a vessel to which this regulation applies is used as a boat docking facility, the owner shall contact the Division of Water Resources to determine whether subaqueous lands authorization will also be required. The term "boat docking facility" shall mean a place where vessels may be secured to a fixed or floating structure or to the shoreline or shoreline structure.
1 DE Reg. 1772 (5/1/98)
2 DE Reg. 1880 (4/1/99)
4.0 Casualty Reporting System Requirements (Formerly BR-4)
(Penalty Section 23 Del.C. §2125)
4.1 Administration.
The casualty reporting system of this State shall be administered by the Boating Law Administrator who shall:
4.1.1 Provide for the reporting of all casualties and accidents required by 4.2 of this regulation;
4.1.2 Receive reports of vessel casualties or accidents prescribed by 4.3 of this regulation;
4.1.3 Review accident and casualty reports to assure accuracy and completeness of reporting; and
4.1.4 Determine the cause of casualties and accidents reported.
4.2 Report of Casualty or Accident.
4.2.1 The operator of a vessel shall submit the casualty or accident report prescribed in 33 CFR § 173.57 to the reporting authority prescribed in 4.4 of this regulation when, as a result of an occurrence that involves the vessel or its equipment:
4.2.1.1 A person dies;
4.2.1.2 A person is injured and requires medical treatment beyond first aid;
4.2.1.3 Damage to the vessel and other property totals more than $500.00; or
4.2.1.4 A person disappears from the vessel under circumstances that indicate death or injury.
4.2.2 A report required by this section shall be made:
4.2.2.1 Immediately if a person dies within 24 hours of the occurrence;
4.2.2.2 Immediately if a person is injured and requires medical treatment beyond first aid, or disappears from a vessel; and
4.2.2.3 Within 5 days of the occurrence or death if an earlier report is not required by this subsection.
4.2.3 When the operator of a vessel cannot submit the casualty or accident report required by 4.2.1 of this section, the owner shall submit the casualty or accident report.
4.2.4 The accident or casualty report completed by a Fish and Wildlife Agent may be substituted to meet the requirements of this section.
4.3 Casualty or Accident Report.
Each report required by Section 2.0 of this regulation shall be in writing, dated upon completion, and signed by the person who prepared it and shall contain, if available, the information about the casualty or accident required by the Coast Guard pursuant to 33 CFR §173.57.
4.4 Where to Report.
The report required by 4.2 of this regulation shall be submitted to the Boating Law Administrator, Department of Natural Resources and Environmental Control, Division of Fish and Wildlife, 89 Kings Highway, Dover, Delaware 19901.
4.5 Immediate Notification of Death, Disappearance, or Physical Injury.
4.5.1 When, as a result of an occurrence that involves a vessel or its equipment, a person dies or disappears from a vessel or sustains an injury requiring more than first aid, the operator shall, without delay, by the quickest means available, notify the Division of Fish and Wildlife Enforcement Section, Telephone: 302-739-4580 or 1-800-523-3336, of:
4.5.1.1 The date, time, and exact location of the occurrence;
4.5.1.2 The name of each person who died, disappeared, or sustained an injury;
4.5.1.3 The number and name of the vessel; and
4.5.1.4 The names and addresses of the owner and operator.
4.5.2 When the operator of a vessel cannot give the notice required by 4.5.1 of this section, at least one of the persons on board shall notify the Division of Fish and Wildlife Enforcement Section, Telephone: 302-739-4580 or 1-800-523 -3336, or determine that the notice has been given.
4.6 Rendering of Assistance in Accidents. The operator of a vessel involved in an accident shall:
4.6.1 Render necessary assistance to each individual affected to save that affected individual from danger caused by the accident, so far as the operator can do so without serious danger to the operator's or individual's vessel or to individuals on board; and
4.6.2 Give the operator's name and address and identification of the vessel to the operator or individual in charge of any other vessel involved in the accident, to any individual injured, and to the owner of any property damaged.
1 DE Reg. 1772 (5/1/98)
5.0 Water Skiing (Formerly BR-5)
(Penalty Section 23 Del.C. §2125)
5.1 Water Skiing.
5.1.1 No person shall operate a vessel on any waters of this State for purposes of towing a person on water skis unless there is in such vessel a competent person, in addition to the operator, in a position to observe the progress of the person being towed. The observer shall be considered competent if he/she can, in fact, observe the person being towed and relay any signals from the person being towed to the operator. This subsection shall not apply to Class A vessels operated by the person being towed and designed to be incapable of carrying the operator in or on the vessel.
5.1.2 No person shall engage in water skiing unless such person is wearing a Type I, Type II, Type III, or Type V PFD. This provision shall not apply to a performer engaged in a professional exhibition or a person preparing to participate or participating in an official regatta, boat race, marine parade, tournament, or exhibition.
5.1.3 No person shall engage in water skiing and no person shall operate a vessel towing a person so engaged on any waters of this State with a tow line that exceeds 75 feet.
5.1.4 No person shall engage in water skiing and no person shall operate a vessel towing a person so engaged on any waters of this State on which water skiing is prohibited.
5.1.5 No person shall engage in water skiing and no person shall operate a vessel towing a person so engaged between sunset and sunrise.
5.1.6 The operator of a vessel towing a water skier shall comply with all laws and regulations as they pertain to the individual's class of vessel and shall maneuver the vessel in a careful and prudent manner, so as not to interfere with other vessels or obstruct any channel or normal shipping lane, and maintain reasonable distance from persons and property, so as not to endanger the life or property of any person.
5.1.7 No person shall engage in water skiing in such a manner as to strike or threaten to strike any person, vessel, or property, and no person shall operate a vessel or manipulate a tow line or other towing device in such a manner as to cause a water skier to strike or threaten to strike another person, vessel, or property.
5.1.8 No person shall engage in water skiing and no person shall operate a vessel towing a person so engaged within one hundred (100) feet of any person in the water, a pier, dock, float, wharf, or vessel anchored or adrift, or in any direction of boat launching ramps, both public and private.
5.2 Prohibited Water Skiing Areas.
5.2.1 Water skiing shall be prohibited in the following areas:
5.2.1.1 The Rehoboth-Lewes Canal, in its entirety;
5.2.1.2 The channel through Masseys Landing from Buoy No. 12 off Bluff Point to Buoy No. 19A;
5.2.1.3 The Assawoman Canal, in its entirety;
5.2.1.4 The Indian River Inlet between Buoy No. 1 and the Coast Guard Station;
5.2.1.5 Roosevelt Inlet from 100 yards off jetty entrance to the Canal;
5.2.1.6 White Creek south of Marker No. 9A; and
5.2.1.7 Any marked swimming areas, unless authorized by a special permit issued by the Department.
1 DE Reg. 1772 (5/1/98)
6.0 Vessel Speed (Formerly BR-6)
(Penalty Section 23 Del.C. §2125)
6.1 Safe Boat Speed.
6.1.1 Every vessel shall at all times proceed at a safe speed so that she can take proper and effective action to avoid collision and be stopped within a distance appropriate to the prevailing circumstances and conditions.
6.1.2 The speed of all vessels on the waters of this State shall be limited to a Slow-No-Wake speed when within 100 feet of:
6.1.2.1 Any shoreline where "Slow-No-Wake" signs have been erected by the Department;
6.1.2.2 Floats;
6.1.2.3 Docks;
6.1.2.4 Launching ramps;
6.1.2.5 Marked swimming areas;
6.1.2.6 Swimmers; or
6.1.2.7 Anchored, moored, or drifting vessels.
6.1.3 No person shall operate a vessel at a rate of speed greater than is reasonable having regard to conditions and circumstances such as the closeness of the shore and shore installations, anchored or moored vessels in the vicinity, width of the channel, and if applicable, vessel traffic and water use.
6.2 Responsibility of Operator.
The operator of any vessel on the waters of this State shall be legally responsible for injuries, damages to life, limb, or property caused by his/her vessel or vessel wake.
1 DE Reg. 1772 (5/1/98)
7.0 Negligent Operation of a Vessel (Formerly BR-7)
(Penalty Section 23 Del.C. §2125)
7.1 Negligent Operation.
7.1.1 No person shall operate any vessel on the waters of this State in a negligent manner.
7.1.2 The following actions shall constitute a violation of subsection 7.1.2 of this section:
7.1.2.1 Failure to reduce speed in areas where boating is concentrated, endangering life, limb, and/or property;
7.1.2.2 Operating at excessive speed at times of restricted visibility;
7.1.2.3 Operating at excessive speed when maneuvering room is restricted by narrow channels or when vision is obstructed by such things as jetties, land, or other vessels;
7.1.2.4 Impeding the right-of-way of a stand-on or privileged vessel so as to endanger risk of collision;
7.1.2.5 Towing a water skier in a restricted area or where an obstruction exists;
7.1.2.6 Operating a vessel within swimming areas when bathers are present;
7.1.2.7 Operating a vessel in areas posted as closed to vessels due to hazardous conditions;
7.1.2.8 Operating a vessel through an area where a regatta or marine parade is in progress in a way that could present a hazard to participants or spectators and interfere with the safe conduct of the event;
7.1.2.9 Operating a vessel with any person sitting on the bow, gunwales, or stern with legs hanging over the side, except a sailboat equipped with lifelines while engaged in a race for which a permit has been secured under of 23 Del.C. §2120;
7.1.2.10 Operating a vessel or use any water skis while under the influence of alcohol, any narcotic drug, barbiturate, marijuana, or hallucinogen;
7.1.2.11 Loading a vessel with passengers or cargo beyond its safe carrying capacity;
7.1.2.12 Operating a vessel with an engine of a higher horsepower rating than the rating noted on the vessel's capacity plate or in the manufacturer's specifications; and
7.1.2.13 Other actions deemed by an enforcement officer to be in violation of 7.1.1 of this section.
1 DE Reg. 1772 (5/1/98)
2 DE Reg. 1880 (4/1/99)
8.0 Termination of Unsafe Use of a Vessel (Formerly BR-8)
(Penalty Section 23 Del.C. §2125)
8.1 Especially Hazardous Conditions.
Especially hazardous conditions warranting termination of voyage shall include, but not be limited to:
8.1.1 Insufficient number of Coast Guard approved PFDs;
8.1.2 Insufficient fire-extinguishing equipment;
8.1.3 Overloaded beyond manufacturer's recommended safe loading capacity;
8.1.4 Failure to display required navigation lights;
8.1.5 Fuel leakage from either the fuel system or engine;
8.1.6 Fuel accumulation in the bilges;
8.1.7 Failure to meet ventilation requirements for tank and engine spaces;
8.1.8 Improper backfire flame control;
8.1.9 Excessive leakage or accumulation of water in bilges;
8.1.10 Deteriorated condition of vessel; or
8.1.11 Any other condition deemed hazardous by an enforcement officer.
8.2 Enforcement.
8.2.1 Enforcement officers shall, if a violation of this regulation is observed, and in their judgment such a deficiency creates an especially hazardous condition to the occupants of the vessel, direct the operator to take specific steps to correct the unsafe condition.
8.2.2 Compliance by operator. - Immediate compliance by the operator is required for safety purposes. Failure to comply with the directives of an enforcement officer shall result in a citation under 1.3 as well as for the specific violation which created the unsafe condition.
1 DE Reg. 1772 (5/1/98)
9.0 Minimum Required Equipment for Vessels Using State Waters (Formerly BR-9)
(Penalty Section 23 Del.C. §2125)
9.1 General.
9.1.1 Applicability.
9.1.1.1 This regulation does not apply to:
9.1.1.1.1 Military or public vessels of the United States, other than recreational-type public vessels; and
9.1.1.1.2 A vessel used exclusively as a ship's lifeboat.
9.1.1.2 9.2.1 of this regulation prescribes general provisions applicable to all vessels covered by this regulation. Section 9.3 prescribes minimum required equipment for recreational vessels used on the waters of this State. Section 9.4 prescribes minimum required equipment for vessels other than recreational vessels that are not required to be documented.
9.2 Provisions Applicable to All Vessels Covered by this Regulation.
9.2.1 Fire-Extinguishing Equipment.
9.2.1.1 All hand portable fire extinguishers, semiportable fire extinguishing systems, and fixed fire extinguishing systems shall be Coast Guard approved pursuant to 46 CFR §25.30-5.
9.2.1.2 All required hand portable fire extinguishers and semiportable fire extinguishing systems shall be of the "B" type; i.e., suitable for extinguishing fires involving flammable liquids such as gasoline, oil, etc., where a blanketing or smothering effect is essential. The number designations for size will start with "I" for the smallest to "V" for the largest. For the purpose of this regulation, only sizes I through III will be considered. Sizes I and II are considered hand portable fire extinguishers and sizes III, IV, and V are considered semiportable fire extinguishing systems which shall be fitted with suitable hose and nozzle or other practicable means so that all portions of the space concerned may be covered. Examples of size graduations for some of the typical hand portable fire extinguishers and semiportable fire extinguishing systems are set forth in the following table:
Table 1:
Type |
Size |
FOAM (Gallons) |
CO2 (Pounds) |
DRY CHEMICAL (POUNDS) |
HALON (Pounds) |
B |
I |
1¼ |
4 |
2 |
2½ |
B |
II |
2½ |
15 |
10 |
10 |
B |
III |
12 |
35 |
20 |
- |
9.2.1.3 All hand portable fire extinguishers and semiportable fire extinguishing systems shall have permanently attached thereto a metallic name plate giving the name of the item, the rated capacity in gallons, quarts, or pounds, the name and address of the person or firm for whom approved, and the identifying mark of the actual manufacturer.
9.2.1.4 Vaporizing-liquid type fire extinguishers containing carbon tetrachloride or chlorobromomethane or other toxic vaporing liquids are not acceptable as equipment required by this part.
9.2.1.5 Hand portable or semiportable extinguishers which are required on their name plates to be protected from freezing shall not be located where freezing temperatures may be expected.
9.2.1.6 The use of dry chemical, stored pressure, fire extinguishers not fitted with pressure gauges or indicating devices, manufactured prior to January 1, 1965, may be permitted on motorboats and other vessels so long as such extinguishers are maintained in good and serviceable condition. The following maintenance and inspections are required for such extinguishers:
9.2.1.6.1 When the date on the inspection record tag on the extinguisher shows that 6 months have elapsed since last weight check ashore, then such extinguisher is no longer accepted as meeting required maintenance conditions until reweighed ashore and found to be in a serviceable condition and within required weight conditions;
9.2.1.6.2 If the weight of the container is ¼ ounce less than that stamped on the container, it shall be serviced;
9.2.1.6.3 If the outer seal or seals (which indicate tampering or use when broken) are not intact, an enforcement officer may inspect such extinguisher to see that the frangible disc in the neck of the container is intact; and if such disc is not intact, the container shall be serviced; and
9.2.1.6.4 If there is evidence of damage, use, or leakage, such as dry chemical powder observed in the nozzle or elsewhere on the extinguisher, the container shall be replaced with a new one and the extinguisher shall be properly serviced or the extinguisher shall be replaced with another approved extinguisher.
9.2.1.7 Fire extinguishers shall be at all times kept in a condition for immediate and effective use, and shall be so placed as to be readily accessible.
9.2.2 Backfire Flame Control.
9.2.2.1 Applicability. - This section applies to every gasoline engine installed in a motorboat or motor vessel after April 25, 1940, except outboard motors.
9.2.2.2 Installations made before November 19, 1952, need not meet the detailed requirements of this section and may be continued in use as long as they are serviceable and in good condition. Replacements shall meet the applicable requirements of this section.
9.2.2.3 Installations consisting of backfire flame arrestors or engine air and fuel induction systems bearing basic Approval. Nos. 162.015 or 162.041 or engine air and fuel induction systems bearing basic Approval Nos. 162.015 or 162.042, may be continued in use as long as they are serviceable and in good condition. New installations or replacements shall meet the applicable requirements of this section.
9.2.2.4 No person may use a vessel to which this section applies unless each engine is provided with an acceptable means of backfire flame control. The following are acceptable means of backfire flame control:
9.2.2.4.1 A backfire flame arrestor complying with Society of Automotive Engineers (SAE) Standard J-1928 or Underwriters Laboratories (UL) Standard 1111 and marked accordingly. The flame arrestor shall be suitably secured to the air intake with a flame tight connection;
9.2.2.4.2 An engine air and fuel induction system which provides adequate protection from propagation of backfire flame to the atmosphere equivalent to that provided by an approved backfire flame arrestor. A gasoline engine utilizing an air and fuel induction system, and operated without an approved backfire flame arrestor, shall either include a reed valve assembly or be installed in accordance with SAE Standard J-1928; and
9.2.2.4.3 An arrangement of the carburetor or engine air induction system that will disperse any flames caused by engine backfire. The flames must be dispersed to the atmosphere outside the vessel in such a manner that the flames will not endanger the vessel, persons on board, or nearby vessels and structures. Flame dispersion may be achieved by attachments to the carburetor or location of the engine air induction system. All attachments shall be of metallic construction with flametight connections and firmly secured to withstand vibration, shock, and engine backfire.
9.2.2.5 No person may use a vessel to which this section applies unless the backfire flame arrestor is serviceable and in good condition.
9.2.3 Ventilation.
9.2.3.1 Applicability. - This section applies to motorboats, motor vessels, and boats used on the waters of this State and subject to this regulation.
9.2.3.2 No person shall operate a motorboat or motor vessel, except an open boat, built after April 25, 1940, and before August 1, 1980, which uses fuel having a flash point of 110°F, or less, without every engine and fuel tank compartment being equipped with a natural ventilation system. A natural ventilation system consists of:
9.2.3.2.1 At least two ventilator ducts, fitted with cowls or their equivalent, for the efficient removal of explosive or flammable gases from the bilges of every engine and fuel tank compartment;
9.2.3.2.2 At least one exhaust duct installed so as to extend from the open atmosphere to the lower portion of the bilge and at least one intake duct that is installed to extend to a point at least midway to the bilge or at least below the level of the carburetor air intake; and
9.2.3.2.3 The cowls shall be located and trimmed for maximum effectiveness and in such a manner so as to prevent displaced fumes from being recirculated.
9.2.3.3 Boats built after July 31, 1978, shall be exempt from the requirements of 9.2.3.1 of this section for fuel tank compartments that:
9.2.3.3.1 Contain a permanently installed fuel tank if each electrical component is ignition protected in accordance with 33 CFR§ 183.410(a); and
9.4.1.3.2 C