Understanding the Texas Water Safety Act

Originally published by Ben Bronston & Associates.

The State of Texas includes a vast swath territory that encompasses a broad diversity of landscapes, including many waterfronts and waterways.  Texas’ legislature has therefore recognized and accepted a duty to promote safety for Texans in and around those waterways.  The laws Texas has passed to fulfill that duty are collectively known as the Texas Water Safety Act.

What Laws Does the Texas Water Safety Act Contain?

The Texas Water Safety Act is relatively comprehensive, and covers most aspects of boating and water-based recreation.  The chief goal of the Act is to avoid boating accidents. Some of the specific provisions include:

• Registration and Numbering of Watercraft: Most boats and watercraft greater than 14 feet in length must be registered and display an identification number.  The Water Safety Act also includes regulations governing the sale and transfer of watercraft, records relating to those sales, and licensing for dealerships.
• Safety Equipment: The Water Safety Act specifies the safety equipment that must be present on boats in Texas, including such items as:
  • Floatation devices for each person on board the craft
  • Lights for operating at night
  • Sound-producing devices, such as whistles or horns
  • Fire suppression equipment
  • Ventilation systems for enclosed motor systems
  • Visual distress signals
• “Rules of the Road”: The Water Safety Act establishes that the United States Coast Guard Inland Rules apply to all public waters in the State of Texas.

What are the penalties for violating the Water Safety Act?

Texas has given its game wardens primary responsibility for enforcing the Water Safety Act, and generally divides violations into four categories:

• General Violations: Most violations of the Water Safety Act are classified as Class C misdemeanors.  That means they are only punishable by a fine of up to $500.
• Unnumbered Boats and Speeding: Operating a boat that is not properly registered and numbered with the State of Texas and operating a boat faster than is safe for conditions are both offenses in Texas punishable by a fine of between $100 and $500.
• Altered Boats and Reckless Boating: Texas also recognizes more serious violations of the above regulations as separate crimes.  Intentionally covering or altering a boat’s serial or hull number is a Class B misdemeanor, as is operating a boat, water skis, or a similar device in a way that disregards the rights of others or is likely to cause damage to a person or property.  In Texas, a Class B misdemeanor is punishable by up to 180 days in jail and/or a fine of up to $2,000.
• Failing to Act Properly After an Accident: If you are involved in a boating accident or collision, Texas law requires you to provide what assistance you can without endangering yourself at the scene, and then exchange written contact information with the passengers of any other watercraft involved.  Failing to do so is a Class A misdemeanor, punishable by up to a year in jail and/or a fine of up to $4,000.  If a person was seriously injured or died in the accident, the crime becomes a felony.

Texas’ waterfronts are beautiful and can support a wide range of activities, but they must be used safely.  If you have questions about the Texas Water Safety Act or if you’ve been involved in an accident involving a boat or other watercraft, contact our office at 361.LAWYERS (361-529-9377) today for a free initial case consultation.

The post Understanding the Texas Water Safety Act appeared first on Ben Bronston & Associates.

Curated by Texas Bar Today. Follow us on Twitter @texasbartoday.

from Texas Bar Today http://ift.tt/2wkyzFd
via Abogado Aly Website