Florida Administrative Code
68 - FISH AND WILDLIFE CONSERVATION COMMISSION
68D - Vessel Registration and Boating Safety
Chapter 68D-15 - VESSELS AT RISK OF BECOMING DERELICT
Section 68D-15.002 - Effective Means of Propulsion for Safe Navigation
Universal Citation: FL Admin Code R 68D-15.002
Current through Reg. 50, No. 187; September 24, 2024
(1) Definitions. As used herein, the term:
(a) "Barge" means a vessel that does not have
living quarters, is not propelled by its own power, and is designed to be
pushed or pulled by another vessel.
(b) "Safe navigation" means the ability of a
vessel operator to make headway, properly steering the vessel on a
predetermined course without substantial risk of injury or damage to other
persons, vessels, or property solely from the vessel's operation.
(c) "Sailboat" means a vessel whose sole
source of propulsion is the wind.
(2) Evaluation procedures.
(a) Once a law enforcement officer has reason
to believe a vessel does not have an effective means of propulsion for safe
navigation, the officer shall notify the owner by telephone, or in writing,
which may be by email. The officer shall provide a location and a date and
time, no less than 72 hours later, when the owner or operator of the vessel
shall meet the officer to either provide proof of having ordered the necessary
parts for repair or to conduct an evaluation of the vessel as provided herein.
Proof of having ordered parts for repair may be provided to the officer before
the date and time of the scheduled evaluation. No person shall be required to
complete an evaluation under paragraph (b) when such person has been notified
by a law enforcement officer that the vessel does not have an effective means
of propulsion for safe navigation and has, within 72 hours of such
notification, provided to the officer a receipt, proof of purchase, or other
documentation of having ordered necessary parts for repairs to the vessel's
propulsion or steerage. When an owner or operator provides proof of having
ordered the necessary parts for repair, he or she shall complete all necessary
repairs to make the vessel's propulsion or steerage functional within 30 days
or shall remove the vessel from the waters of the state.
(b) Law enforcement shall use the following
evaluations to determine whether a vessel has an effective means of propulsion
for safe navigation as required by subparagraph 327.4107(2)(e), Florida
Statutes:
1. For sailboats greater than 16
feet in length, the operator shall be required to:
a. Navigate the vessel to the anchor and
either pull anchor or detach the anchor line from the vessel and place a buoy
on the anchor line so that the anchor may be reattached after the evaluation is
complete;
b. Make way using only
wind power and the steering mechanism with which the vessel is
equipped;
c. Navigate at least 100
yards in any direction of the operator's choosing using only wind power and the
steering mechanism with which the vessel is equipped;
d. Come about using only wind power and the
steering mechanism with which the vessel is equipped;
e. Return to the starting point using only
wind power and the steering mechanism with which the vessel is equipped;
and
f. Complete all evaluation
maneuvers in subparagraphs b. through e. within fifteen minutes.
g. The evaluating law enforcement officer
shall keep time and shall begin timekeeping only after the operator has
navigated to the anchor and pulled anchor or detached the anchor line from the
vessel, as provided in subparagraph a.
2. For vessels, other than sailboats, greater
than 16 feet in length, the operator shall be required to:
a. Engage the propulsion system or systems
and either pull anchor or detach the anchor line from the vessel and place a
buoy on the anchor line so that the anchor may be reattached after the
evaluation is complete;
b. Make
way;
c. Navigate to a location one
quarter of a mile away (which location has been predetermined and marked or
identified by the evaluating law enforcement officer);
d. Steer around a test buoy or other fixed
point or turn around adjacent to the buoy or fixed point;
e. Return to the starting point;
and
f. Complete all evaluation
maneuvers in subparagraphs b. through e. within ten minutes, unless the
vessel's propulsion is solely human-powered, in which case the operator shall
complete all evaluation maneuvers in subparagraphs b. through e. within 15
minutes.
g. The evaluating law
enforcement officer shall keep time and shall begin timekeeping only after the
operator has engaged the propulsion system and pulled anchor or detached the
anchor line from the vessel, as provided in subparagraph
a.
(c) Law
enforcement officers shall not require completion of either of the evaluations
in this subsection during small craft advisory conditions and shall not require
completion of a sailboat evaluation when the prevailing wind conditions are
less than 5 knots.
(d) Law
enforcement officers shall place buoys or choose fixed locations for all
evaluations such that the path navigated by the operator is unimpeded by any
known or visible object or obstacle.
(e) Operators who choose to detach the anchor
line from the vessel shall remove the buoy and reattach the anchor line to the
vessel after completing the evaluation.
(3) Barges of all lengths and other vessels 16 feet or less in length are exempt from evaluation under this rule.
Rulemaking Authority 327.04, 327.4107(2)(e) FS. Law Implemented 327.4107(2)(e) FS.
New 11-28-19.
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