Thomas E. Dawson
October 2024
There are probably no anglers that go out fishing with a Personal Water Craft (PWC). However, there may be some readers and anglers that own one and like to ride on the waters around us. Like most states Florida has some interesting boating regulations, one regards the hours of operation for PWC.
The regulation for hours of operation is very straight forward. It says in 327.39 subsection 3, “A person may not operate a personal watercraft at any time between the hours from one-half hour after sunset to one-half hour before sunrise. However, an agent or employee of a fire or emergency rescue service is exempt from this subsection while performing his or her official duties.”
Pretty simple, these rules were written back when PWCs were very noisy vessels. Who among us wants to be woken up by a noisy vessel operating near our home? What makes this regulation so confusing?
Simple it says a PWC can be on the water one-half before the sun comes up and one-half hour after the sunsets. Just because the state says you can doesn’t mean you can. There is a Federal regulation that governs night operation found in the Navigation Rules.
The Navigation Rules govern what a vessel operator most due in different situations on the water. The rules have one purpose, to prevent collisions!
Under the Navigation Rules all vessels are required to display certain light configurations depending on a number of factors.
These factors, including times of limited visibility, and from sunset to sunrise. Details can be found in Part C—Lights and Shapes Rule.
The rules describe the types of lights a vessel must display depending on things like the length of the vessel. The length ranges for recreational vessels known as “class.”
Recreational vessels have four class designations and PWCs, which are normally under 16 feet in length, are considered Class A vessels.
What we are faced with are two different regulations that apply to PWCs. In Florida it is OK to operate one-half hour before sunrise and until on-half hour after sunset. The Florida law only regulates the time of operation. The Navigation Rules require a Class A power driven vessel to display navigation lights during a specific situation, one of which, is the hours between sunset and sunrise.
PWCs don’t come with navigation lights installed at the factory. The operator must purchase and install proper navigation lights if they want to operate between sunset and sunrise.
A PWC operator here in Florida may not get stopped and ticketed for not having proper navigation lights during those two short half hour periods before sunrise and after sunset. However, in the event of a collision the PWC operator without proper navigation lights will likely be held responsible for the accident as they were not in compliance with the Navigation Rules.
Boating accidents are normally handled in maritime courts. The judges know the Navigation Rules and Rule 2 says a vessel operator must obey all the Rules to prevent a collision, however an operator may depart from these Rules if necessary “to avoid immediate danger.” In court you can expect the judge to ask you if you know and followed the rules. Like any other court, ignorance of the law is no excuse for not following the law.
Speaking of PWCs, there are some other rules. There are Federal rules for required equipment on all vessels include having the vessel registration on board, and the state numbers and decal must be properly displayed. A sound producing device, type B fire extinguisher and visual distress signals are also necessary.
The operator and all passengers must be wearing speed rated lifejackets. In addition, the operator must have an engine cutoff switch attached themselves in some fashion.
In Florida no one under the age of 14 may operate a PWC and you must be 18 to rent one. Like all vessels operators born on or after January 1, 1988 you must have a Florida Boating Safety I.D. Card.
There are several ways to obtain a Florida Boating Safety I.D. Card, www.myfwc.com has a list of state approved providers. Locally you can find in-person classes offered by the United States Coast Guard Auxiliary and America’s Boating Club | United States Power Squadron. The Cape Coral Sail and Power Squadron will be offering its last class for 2024 starting November 4th.
On Tuesday November 12, 2024 the club will also be offering its newest Southwest Florida Boating Seminar, “Local Knowledge Recommended, Things you wish someone had told you about boating here!” This seminar is designed for boaters new to the area and want an overview of our local waters. For more information on both events visit www.ccsaps.org.
Thomas E. Dawson
Thomas E. Dawson is a volunteer instructor at the Cape Coral Sail and Power Squadron, http://www.ccsaps.org/. Dawson is also the author of two boating books. Safe Boating in Southwest Florida, which is a guide book to the waterways stretching from Bokeelia to W.P. Franklin Lock and Dam. And Barret Bonden’s Thoughts on Boating Safely both available from Amazon.
Amazon Bio HERE
