boat seat law

[talbee]

I have a bench seat on my boat w/o a back rest. I was stopped by a game warden the other day and he stated it's illegal to have a seat w/o a back rest. I asked him if I can see the regulation about that. After he searched, he said he cannot find it right now. I explained I've read the rules and regulations about stuff in your boat and there was no mention of that rule anywhere.

Does anyone know if this is fact or fiction what he was talking about?

 

[NYBo]

Never heard of it.

 

[smokeonthewater]

If there is nothing behind the passenger to keep them from falling out of the boat I could see a problem.... Would be similar to sitting on the transom or gunwale.

 

[Barnacle_Bill]

Sure are a lot of boats coming from factories without back rests. Jon boats for example.

 

[GA_Boater]

Two things. 1) Did he give you a ticket? 2) Was a passenger sitting on the bench?

 

[talbee]

I told him about Jon Boat (he didn't have nothing to say about that). I was the only person on my boat. No ticket.


He checked to see if I were legal and went away. I seen him again the following day and he never stopped.

 

[talbee]

I do have a 2nd question about a regulation that I have been curious about, but couldn't find anything about it.

If a law enforcement official asks to board your vessel, do you have to let them?

 

[jbcurt00]

Now that you're home or at least online, not floating besides the officer, I'd go to your state's DNR site and look it up.

Never heard of that before, but I also wouldn't be surprised if it is a reg. Lots of states have odd regs on the books.

If he didn't ticket you, also doesn't mean it isn't a reg in your state. But be well informed, if you can't find it online, call their office M-F during business hours.

Please post back what ever you find, and your state.

Thanks and good luck

 

[talbee]

thanks jbcurt00!

 

[64osby]

There are many thousands of 12' and 14' fishing boats that would be in violation of such a law in any state. Unless the law is for a defined "power boat" style of boat.

IMO he used the "law" as an excuse to check your boat over. Looking for other possible violations. When you saw him a second time and he did nothing it tells me to not worry about it.

In answer to your second question - Yes I believe you required to allow an officer to board your boat when asked.

I have nothing to hide so it wouldn't matter if they boarded my boat.

 

[NYBo]

I do have a 2nd question about a regulation that I have been curious about, but couldn't find anything about it.

If a law enforcement official asks to board your vessel, do you have to let them?

Coast Guard, yes. They don't need probable cause or a search warrant. I don't believe that applies to state, county, or local LE, but laws may vary from one jurisdiction to another.

 

[lckstckn2smknbrls]

What was he going to do if he had decided to write you up for the violation. Make up the code to put it on the ticket?
I'd look it up and if there is no such law I would report him.

 

[smokeonthewater]

Probably not the best idea to make an enemy of the LEO you'll see every time you go to the lake.....

Maybe he simply made a mistake and MAYBE if you let it go seeing as how he didn't ticket you and isn't harassing you MAYBE one day when you make a mistake such as one too many fish he might let you slide....

Heck maybe the next time you see him you could flag him down and ask if he ever figured anything out on the seat back thing... Explain that if it really is a violation you would like to see it so you can get in compliance and if he was mistaken you can just forget about it.

 

[smokeonthewater]

Oh and yes you will find that the coast guard and most other authorities have the right to board without your permission..... Most likely getting hard nose with them would be a good way to find yourself on their boat in hand cuffs while they do their inspection....
Engine compartments, enclosed heads, live wells, and any required safety or pollution control related systems are subject to inspection without a warrant....

Your wallet, tackle box, glove compartment, etc would not be searched without probable cause.

 

[Frank Acampora]

Some times they do take liberties with their authority! I had a similar incident happen. He stopped me for having a passenger riding on the bow. The boat had 6 inch high railings. He said it was illegal to have a passenger ride on the bow without railings. I informed him that the regs. only stated railings and this boat had them. he sputtered " Yeah, but they mean full height railings." I informed him again that the regs. did not specify any height. "Well, don't do it again." No ticket.

 

[southkogs]

Check your local laws on both issues: The seat back one doesn't make sense to me, and I'm nearly 100% isn't the case here in TN. HOWEVER, in Tennessee you are obligated to allow not only the CG, but any LEO on board. Being on a TN waterway is your consent to being boarded.

 

[woosterken]

Iam also interested to hear about this , what about the seats in my boat are back to back , but slide out to make a sun deck ,so when they are stretched out they are illegal??

ken

 

[smokeonthewater]

I think we need to see a pic of the seat in question

 

[gm280]

I would have politely handled it differently. I would have taken a "oh no, I am breaking the law" attitude. Then ask for the proper wording of the law on that issue so you could fix the problem the correct way. And as he couldn't find it, then you both are equally as ease and can act like you honestly didn't know. A lot easier to keep friends with such folks then make aggressive statements. You never know when he may be needed in a serious situation... JMHO!

As previously mentioned, Jon boats are everywhere without any backs on their bench seats... :noidea:

If I remember correctly, there is a law about boat swivel type seats though. Seems swivel seats have different rulings governing them then fixed front facing seats... If I am not mistaken, you can't drive a boat from a swivel seat unless it has the ability to lock in a fixed forward position while under power... Could be wrong, but I think I read something to that effect...

 

[Fleetwin]

No Title

If that is the case-no back rest-every Mako Skiff sold by Bass Pro is in violation.