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Washington State Boater Education Card ~ IT'S THE LAW By Karen Buhler Gale What’s in your wallet? If you are twenty or younger and will be operating a boat independently in Washington waters, one thing that needs to be in your wallet, as of January 1, 2008, needs to be a Washington State Boater Education Card. Phasing in of legislation requiring boat operators to take a boater safety education course in order to operate a boat in Washington State has begun. Phasing in—based on age—will continue until January 1, 2016 when all boat operators over the age of twelve will be required to have the Card. The Washington Alliance for Mandatory Boater Education (WAMBE), a group comprised of representatives from the boating industry, recreation boating groups, government, law enforcement and marine safety groups, formed in 2002 with the sole purpose of developing and passing a bill for mandatory boater education in Washington. With thirty-six states and Canada already having mandatory boater education requirements, and with 268,000 registered boats in the state, it was no surprise that Washington Governor Christine Gregoire signed the resulting bill into law in May of 2005. “This has been a real team effort resulting in a sensible law that has broad support among boaters,” commented David Kutz, Secretary of WAMBE and President of the Recreational Boating Association of Washington at the time of the law’s passage. Patterned after a similar law in Oregon, the law requires completion of an approved boating course or passage of an equivalency exam to obtain the Card. It will be required for operation of any boat with 15 horsepower or greater, and excludes any manually powered craft like kayaks, rowboats, drift boats, sail-only boats, canoes, etcetera. Operators without a Boater Education Card can still operate a vessel if they are under direct supervision of an adult who is in possession of a valid Card. The Card is recognized in other states and Canada, cards issued from other states are recognized in Washington State as well. “The Card is not like a driver’s license,” explained Steve Greaves, Chairman of the founding WAMBE group. “It is obtained once and is good for life. The Card indicates the boat operator has a basic level of boating safety knowledge, like a diploma.” Washington State Parks and Recreation Commission are administers of the new law, which is totally supported by the $10, one-time fee; a program funded by boaters for boaters. For $5 lost or stolen cards can be replaced. With the new law only recently in effect and boating season just beginning, enforcement has yet to begin in earnest. “Any law enforcement agency or office in Washington State—county deputies, fish and wildlife officers, park rangers—can enforce the law,” clarified Mark Kenny, Marine Law Enforcement Coordinater for Washington State Parks. “As a general rule of thumb, the agencies indicate that they are going to be in an ‘education’ mode, but it will be on a case by case basis. Some counties are concerned that if they don’t issue a citation and something happens, the liability would just be too great.” The infraction is non-criminal, but carries an $87 fine. Sgt. Jim McDonough of the Kitsap County Sheriff’s Office Marine Patrol echoed WAMBE Chairman Greaves and Kenny on the value of the law. “In the past there was no education. You could just jump into a boat, put it in the water, throw in a bunch of kids and beer and go. Now at least, there is a requirement that says you have to know the basics to operate a boat safely. I think it’s a good idea.” How does he see enforcement playing out day to day? “The Card will probably be something we ask about when we see other things are going on or when we do vessel safety checks. We are going to be both education and enforcement, depending on what is happening in each particular case. But we don’t have to have a reason to ask to see it,” he emphasized. “It’s a primary offense not to have the Card if you are required to, like a driver’s license.” According to Kenny, eight-thousand of the Cards have already been issued. “We have newspaper ads and radio announcements to get the word out. At the beginning of the year, we sent magnets to each home of every registered boat in the state.” There is no need to wait, however. You can apply for the card at any time. Simply fill out the application, which is downloadable in PDF format at http://www.parks.wa.gov/boating/getapplication, send a copy of your certificate of completion of a qualified course and the $10 fee. You should have your card in four to six weeks, though I received mine in two. If you are under twelve, you needn’t apply as my crestfallen eleven-year old son found out. Even if you have passed an approved course, you have to be twelve to obtain one. Qualified courses are those approved by the National Association of State boating Law Administrators (NASBLA) and the Washington State Parks and Recreation Commission—are offered direct through the Washington parks, U.S. Coast Guard Auxiliary and the U.S. Power Squadron, the latter a course I took and can highly recommend. There are also home study and online courses. Go to http://wwwparks.wa.gov/boating and click the link for “Course Options” to check out what best suits your style, schedule and what’s available in your local area. Like any good law with lots of small print, there are those who are exempt from obtaining a Boater Education Card. You are exempt if you:
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