Do You Need a Boating License in California? And What Happens if You Don’t Have One and Get in an Accident?
The California coastline stretches approximately 840 miles across the state, offering plenty of fun on beaches and boats. However, this attractive quality sometimes entices people to operate boats without the proper license or insurance, complicating matters for any boat passengers who are injured in accidents.
Understanding the requirements for boating licenses in the state and what to do if you are injured in a boating accident involving an unlicensed boat operator is critical to protecting your legal rights. Contact the Allen Law Firm today for a free and confidential case review.
Boating License: California Requirements
Most boat operators in California must have a boating license, known as a boater card. To obtain a boater card, a person must take an approved boating safety course, pass the corresponding exam, apply for the card, and pay a fee.
The boating safety courses in California are approved by the National Association of State Boating Law Administrators and the California Division of Boating and Waterways. They include classroom, home study, and online options. Courses range from three to eight hours in length. The requirement to take an approved safety course promotes safety on the state’s waterways and is in line with the United States Coast Guard recommendations for the same, which notes that fewer accidents and fatalities occur in states with boater education requirements.
The law requiring a boating card was recently changed, so all motorized vessel operators are required to carry a California boater card, regardless of age. This rule is different from what it was before this point, which included a phase-in, based on the operator’s age.
The boater card law includes several exemptions from when a person is not required to obtain a boater card. One of the most important is whether the person is operating a rental vessel. Therefore, if you are injured in an accident in which a person had rented a boat, they may not have a boater card. However, you could still have legal options for pursuing compensation.
Other exemptions under the boater card law include the following:
- People operating a vessel while under the direct supervision of an adult with a California boater card
- Non-residents of the state who are temporarily operating a vessel in California for less than 60 days and meet the boating requirements of their state of residence
- Residents of countries other than the United States who are temporarily operating a vessel in California for less than 90 days and meet the boating requirements, if any, of their country of residence
- Operators with a current commercial fishing license
- Operators with a valid marine operator license issued by the United States Coast Guard
- People operating a vessel in an organized regatta, vessel race, or water ski race
- People who have completed a boating course approved by the Commission on Peace Officer Standards and Training Post
People who meet an exemption must carry proof of the exemption while operating the boat on California waterways.
If a person is required to have a boater card and does not, they are guilty of an infraction. Under the law, they can be fined up to $100 for the first conviction and be required to complete and pass a boating safety course.
The Dangers of Operating Without a Required License
Operating without a required license is not just a matter of facing a small fine if found out. It means that a boat operator does not necessarily have the knowledge to operate the boat safely and is working against the recommendations provided by the United States Coast Guard.
Unlicensed boat operators often do not possess the proper training necessary to safely navigate vessels, understand boating laws in California, or know how to respond to emergency situations. These deficiencies endanger the boat’s passengers, occupants on other boats, swimmers, and other waterway users.
When a boat operator has not completed boating safety certification in CA, they are more likely to cause accidents due to factors such as:
- Improper vessel operation: Unlicensed boat operators who lack proper training may make critical mistakes in their operation of the vessel, such as speeding through no-wake areas, failing to maintain adequate distance from other boats, or taking turns that are too sharp. These mistakes can cause boating accidents and passengers to be ejected from the improperly handled vessel.
- Overcrowding: Unlicensed boat operators may view boating as just a fun time and not take the responsibility seriously. They may use the vessel as a party boat, causing the boat to submerge or not be handled correctly.
- Lack of emergency preparedness: One of the things that boating safety courses teach is how to respond in case of an emergency. Unlicensed captains may not know how to properly and promptly handle fires, man-overboard emergencies at sea, or accidents, leading to fatal mistakes or serious injuries.
- Missing or inadequate safety equipment: Unlicensed boat operators may operate the vessel without the required number of life jackets, fire extinguishers, emergency flares, or other safety equipment.
- Boating maintenance issues: Unlicensed boat operators may place passengers and other waterway users at risk by using unsafe boats or neglecting maintenance.
Boat Accident Liability in California: What Happens Without a Boating License?
If you were injured in a boating accident in California and the boat operator is unlicensed, you might wonder about liability. Who will be responsible for paying for your medical bills and other losses? You may be able to file a personal injury claim to seek compensation for your damages.
Whether the operator was licensed or unlicensed, to win a personal injury claim, you must generally show that the boat operator was negligent, meaning that they:
- Owed you a duty of care
- Breached the duty of care
- Caused your injuries
- Caused you to suffer harm
However, getting proper compensation from an unlicensed boat operator may be difficult. If they neglected to take the required boating safety course and obtain the mandated boater card, they may not have insurance or personal assets that can pay any resulting award.
An experienced attorney can carefully review your situation and identify your legal options. Multiple parties may be responsible for these accidents, including boat owners, boat rental companies, tour operators, or other businesses, that could ultimately be held liable if they failed to check the operator’s qualifications or otherwise acted negligently in providing the boat to the operator.
Financial Compensation for California Boating Accident Victims
You have the right to pursue compensation for the economic and non-economic damages you suffered as a result of the accident, including for:
- Medical expenses
- Lost wages and future earning potential
- Property damage
- Pain and suffering
- Emotional distress
- Mental anguish
- Permanent disabilities or impairments
- Scarring or disfigurement
If you lost a loved one in a fatal boating accident, you may have the right to file a wrongful death claim to recover compensation for burial expenses, funeral costs, lost financial support, and other damages.
What to Do After an Unlicensed Boat Operator Accident
Boat owners or operators are required to report boating accidents to the California State Parks Division of Boating and Waterways if the accident resulted in death, disappearance, injury to a person requiring medical attention beyond first aid, complete loss of a vessel, or damage to a vessel or other property exceeding $500. If they didn’t report the accident, you should. You can use the boating accident report form if emergency services were not called at the time of the accident.
At the time of the boating accident, you should gather as much information as possible. Ask the operator of each boat involved in the crash for their name, contact information, and insurance details. Use your cell phone, if possible, to take pictures of all damaged boats and other property damage, safety violations, and injuries you suffered. Ask witnesses for their names and contact information, as they may be able to provide valuable information to insurers that can assist your legal claim.
Seek medical attention immediately, even if symptoms appear minor. It’s not uncommon to experience shock or a surge of adrenaline after a life-threatening event, so your symptoms could be masked.
Then, reach out to an experienced personal injury attorney for assistance. They can help identify your legal options and help you file claims to seek justice and accountability.
Contact Our Boat Accident Attorneys for a Free Consultation
A day out on the water should be fun, not end in tragedy. If you were injured due to the actions of an unlicensed boat operator, seek legal assistance immediately. The Allen Law Firm can investigate your accident, determine whether the boat operator was properly licensed, and discuss your legal options for recovering compensation for the losses you’ve suffered. Contact us today for a free case review.
