Kill Switch

[blindmullet]

I'm sure a lot of the folks here tread water on THT, but some may not. A little info that was snuck into one of the Covid bills. It's a total waste of time and not enforceable on boat, but everyone should know about it.

SEC. 8316. ENGINE CUT-OFF SWITCHES; USE REQUIREMENT.

(a) In General.--Section 4312 of title 46, United States Code, is

amended--

(1) by redesignating subsections (b), (c), and (d) as

subsections (c), (d), and (e), respectively; and

(2) by inserting after subsection (a) the following:

``(b) Use Requirement.--

``(1) In general.--An individual operating a covered

recreational vessel shall use an engine cut-off switch link while

operating on plane or above displacement speed.

``(2) Exceptions.--The requirement under paragraph (1) shall

not apply if--

``(A) the main helm of the covered vessel is installed

within an enclosed cabin; or

``(B) the vessel does not have an engine cut-off switch and

is not required to have one under subsection (a).''.

(b) Civil Penalty.--Section 4311 of title 46, United States Code,

is amended by--

(1) redesignating subsections (c), (d), (e), (f), and (g) as

subsections (d), (e), (f), (g), and (h), respectively; and

(2) inserting after subsection (b) the following:

``(c) A person violating section 4312(b) of this title is liable to

the United States Government for a civil penalty of not more than--

``(1) $100 for the first offense;

``(2) $250 for the second offense; and

``(3) $500 for any subsequent offense.''.

(c) Effective Date.--The amendments made in subsections (a) and (b)

shall take effect 90 days after the date of the enactment of this

section, unless the Commandant, prior to the date that is 90 days after

the date of the enactment of this section, determines that the use

requirement enacted in subsection (a) would not promote recreational

boating safety.

 

[glacierbaze]

First, it wasn’t a Covid bill, it was the omnibus spending bill for fiscal year 2021. Right now it’s up to eight pages, mostly people whining about why they shouldn’t have to use a kill switch, and arguing personal liberty rather than safety, much the same way they complain about being required to wear a facemask in a pandemic.
It may not be enforceable on the water, but if you get tossed from your boat, and it goes on to cause damage or death, it does give your insurance company an out, and open you up to tremendous civil liability.

 

[blindmullet]

First, it wasn’t a Covid bill, it was the omnibus spending bill for fiscal year 2021. Right now it’s up to eight pages, mostly people whining about why they shouldn’t have to use a kill switch, and arguing personal liberty rather than safety, much the same way they complain about being required to wear a facemask in a pandemic.
It may not be enforceable on the water, but if you get tossed from your boat, and it goes on to cause damage or death, it does give your insurance company an out, and open you up to tremendous civil liability.

The problem needs to be addressed by boat/engine companies. A lanyard just isn't practical or safe. I don't have a problem with a fob or wearable. I'll save some fuel when the Zuke was left on idling while I'm setting up to fish. Lol

Just another law that people will complain about and won't have enforcement. Too many people on the water don't have insurance. I guess there is a uninsured addition I can add--lol

 

[seasick]

Fortunately or unfortunately, you may be liable for your acts because you were negligent. It keeps all those lawyers employed. For example. you are driving your boat and you fall overboard with the engine running because you didn't use the kill lanyard. The unmanned vessel hits a person or injures another person on another boat. If the law says that you were required to use the kill switch and lanyard, you could be found either civilly or criminally negligent for operation of a vessel in an unsafe manner. Then again, how many boaters do you know who were held accountable for their wake and associated damage or injury? Personally, I haven't see any.

 

[Fishtales]

Lets be honest. You have a boat and likely some money. Someone else is hurt, you are going to be found liable no matter what. Like a person doing something stupid and totally at fault and an auto collides with them - the car driver is at fault. Make sure you have proper insurance, all appropriate safety gear and keep your head on a swivel at all times. The use of the lanyard is what we have today, so use it if you can.

 

[SmokyMtnGrady]

I think the law is poorly written and said as much on THT. I tried to imagine a scenario where I would be ejected in my 228 with hard top especially since I stand when I am running offshore. If I am ejected from my boat there are bigger problems no kill switch will solve.

now in my Carolina skiff, a kill switch could save my life. it makes sense to say wear it and I do. I also think in a walk-around and express boats it would be difficult to enforce because you can't see whether I use it or not and the law says it's for when you are running on plane .So when we are not plane I don't need it. Which leads to this question if the coasties can't determine if I. using it from 50 or 100 yards off and the wave me down to slow down and at that point if I don't have it attached to me , I am by the law , in compliant because I am not on plane .

I think this one of those laws Aimee at fixing a problem that is only marginally an issue. the cynic in me is this just a way to bring in some revenue .

 

[glacierbaze]

Not trying to defend the regulation, but you don’t have to be ejected. You could drop dead in a second from a heart attack, in a fully enclosed boat, in a crowded waterway, in which case only a lanyard might stop your boat. Happens in vehicles every day.

 

[Fishtales]

Agree. Although a low probability event and likely less chance in rough water compared to your previous post it can happen for a variety of things as glacier indicates. I'm sure many don't use the lanyard and I know a lot of people that don't and things work out fine. Just saying that in the event something were to happen, you would be exposed in a court of law if you did not use it. I still believe that even if you do wear it and something occurs (like the children that darts into traffic chasing a ball with a car) you have insurance and likely are going to be paying one way or the other. It's a risk embedded in the activity. All you can do it take precautions that a reasonable person would be required to do (lanyard comes into play here) and be best captain you can on the sea.

If you saw the groundings that occurred for commercial ships or anything that occurs on a ship in the Navy (even when the Captain is in bed asleep) - the Captain is held accountable no matter what. I'm not saying this carries to pleasure boating, but it will to the boat and the insurance covering it.

 

[blindmullet]

I've been hit by 2 uninsured motorists in my time on the road. I drive and boat more than the avg person. On the water I can avoid people....not so much on the road. I have a c-clip on my Grady kill switch and didn't even install it on my Mako. I'll take the like fine and mark it as a cost of doing business. Just like the uninsured motorist.

 

[DennisG01]

It was probably just a matter of time for this. I think Texas put it into law a couple of years ago in response to the girl that was thrown from a boat and then struck by the propeller and killed. I think the accident happend at least a decade prior... shows how long some of this legal stuff can take to be "official". IIRC, though, the Texas law only applied to boats under 26'?

 

[seasick]

To be honest, I don't usually attach the lanyard to myself. It's just not practical especially for a one man outing. There is merit to some of the wireless MOB type of kill systems but they are expensive and in the case presented of a person becoming unconscious or worse at the helm, a lanyard or electronic MOB disabler may not help.
Of course this makes me think of a fact I read about years back that stated that a good majority of MOB events, especially for passengers involved men taking a pee over the gunnel and being knocker over by seas. It's difficult to hold on to the boat when you are holding on to the.. well you know.

 

[everwhom]

For what it's worth I use my FELL MOB every time I'm out. I often troll solo, and if somehow I fell overboard (unexpected wave when I was reaching out to untangle a line or something) I'd really hate to be watching my boat motoring away from me at 5 knots...

I suspect all new boats will come with a wireless tether system installed and the cost of retrofit ones will come way down due to competition.

 

[Capt Tom]

I am OK with it. I will use mine when running the river but never use it on the open Gulf. About everytime I do use it I will pull it out when I come back to idle which is aggravating.

 

[glacierbaze]

Seasick, we may have read the same article. I remember them talking about long-distance sailors, and the woman would wake up, or come out of the cabin from an extended stay, and find her self all alone on the boat.

 

[seasick]

For what it's worth I use my FELL MOB every time I'm out. I often troll solo, and if somehow I fell overboard (unexpected wave when I was reaching out to untangle a line or something) I'd really hate to be watching my boat motoring away from me at 5 knots...

I suspect all new boats will come with a wireless tether system installed and the cost of retrofit ones will come way down due to competition.

If they did, I would use it.