June 15, 2022 – At 1:30 a.m. on April 9, 1868, the paddle wheeler Seabird left Racine, Wis. and steamed south toward Chicago.
The Seabird was a stout ship, with two decks (one for her 100-some-odd passengers, one for cargo) and a 200-foot-long oaken hull. But she never made it to Chicago.
Five hours after leaving Racine, the Seabird caught fire six miles from shore near Waukegan, Ill. She burned to the waterline, then slipped beneath the icy waves of Lake Michigan. Only three passengers survived.
Two of the survivors reported seeing a porter, heedless of the northeasterly wind, fling oven coals overboard after the ship left Racine. The wind blew the smoldering coals onto the cargo deck, where they likely ignited several freshly varnished tubs that had been covered in straw for the voyage.
Few pleasure boaters are likely to find their craft engulfed in flames six miles from shore. But the wreck of the Seabird offers a cautionary tale about taking to the water without a due appreciation for boating laws, regulations, and safety requirements.
Rules of the Road for Boaters
As it does for motorists,
state law establishes “rules of the road” for boaters operating in state waters, defined as all waters except those listed as federal inland waters below.
Boaters have an obligation to operate at a
reasonable speed and in a
non-negligent manner.
Additionally,
boaters may not:
approach or pass another boat in a way that creates a hazardous wake;
circle around another boat or a swimmer, if within 200 feet of the boat or swimmer;
operate a boat in an area clearly marked by buoys or other distinguishing device;
anchor or abandon a boat in the traveled portion of a river or channel or traffic lane established and legally marked;
use a mooring or attach a boat to a mooring buoy;
load a boat beyond its safe carrying capacity;
sound a horn, whistle, or other sound-producing device unnecessarily (either while the boat is at anchor or underway);
ride or sit or allow others to ride or sit on the gunwales, seat backs, sides, or the decking over the bow; or
tamper with, remove, or destroy any navigation aid, regulatory marker, signs or other device used to aid boaters.
Age Requirements
The age requirements for operating a motorboat are set forth in
section 30.678.
Jeff M. Brown is a legal writer for the State Bar of Wisconsin, Madison. He can be reached by email or by phone at (608) 250-6126.
No person under the age of 10 may operate a motorboat.
A person between the age of 10 and 12 may operate a motorboat only if 1) he or she is accompanied by a parent, a guardian, or a person at least 18 years old who’s been designated by a parent or guardian and 2) the parent, guardian, or designated person either holds a valid boating safety certificate or was born before Jan. 1, 1989.
A person between the age of 12 and 16 may operate motorboat only if 1) he or she holds a valid boating certificate or 2) he or she is accompanied by a parent, a guardian, or a person at least 18 years old who’s been designated by a parent or a guardian and the accompanying person holds a valid boating certificate.
Anyone 16 years or older may operate a motorboat as long as he or she either 1) holds a valid boating certificate or 2) is accompanied by a person at least 18 years old who holds a valid boating certificate.
Persons born before Jan. 1, 1989, may operate a motorboat without a valid boating certificate.
Safety Requirements
State law requires boaters to carry
life jackets and a
fire extinguisher on board. Additionally, under
section 30.62, motorboats must be equipped with the following:
State law prescribes separate rules for
waterskiing, as well as for
docks and piers and scuba diving.
State law authorizes
local governments to enact ordinances that conform to and are not contrary or inconsistent with the boating rules of the road established by state law.
For instance, in 2004 the Town of Milton
enacted an ordinance prohibiting the use of personal watercraft on Clear Lake on weekends and on Memorial Day, the Fourth of July, and Labor Day.
The move came after a nine-year-old girl was killed in a jet-ski accident on the 77-acre lake.
Federal Waters
Federal law applies to boaters operating in the following
federal inland waters:
Lake Superior and Lake Michigan and their tributaries;
the Mississippi, Wisconsin, Milwaukee, and Fox rivers;
Pike Creek in the city of Kenosha;
Lake Winnebago and Lake Buttes de Morts in the Fox River Valley.
Safety Stats
Boating safety is a big issue in Wisconsin, which features 15,000 lakes and serves as a summer getaway for many.
According to the DNR, there were 119 boat crashes in Wisconsin last year. Those accidents injured 61 people and killed 25.
The top three factors in non-fatal boat crashes in 2021 were careless and reckless operation; alcohol use; and the behavior of water skiers and tubers.
The top three factors in fatal boat crashes in 2021 were passenger behavior; the behavior of water skiers; and equipment failure.
Boating While Intoxicated
Section 30.681 makes it illegal to operate a motorboat with a blood alcohol concentration of. 08 or more – the same level for operating a motor vehicle while intoxicated.
The statute defines “motorboat” as “any boat equipped with propulsion machinery, whether or not the machinery is the principal source of propulsion.”
That means sailboats with outboard motors and canoes with trolling motors, for example, count as motorboats.
First-time offenders may be fined up to $300. Repeat offenders may be fined between $1,000 and $2,000 and be jailed for up to six months.
State law provides enhanced penalties for motorboat operators who injure someone while intoxicated – a fine of up to $2,000 (even for a first offense) and jail time between 30 days to one year.
‘Panic Sets In’
Jason Roberts, a recreation warden with the DNR, said most boating fatalities are due to drowning rather than collisions.
Most of those drowning victims are adults, Roberts said. While children rarely go into the water without a life jacket, adults often do.
“The adults tend to overestimate their swimming skills and often there’s alcohol involved with weekend boating and unfortunately they slip beneath the surface,” Roberts said.
A person’s ability to swim near a dock or in a swimming pool says nothing about their ability to stay afloat in the middle of a lake, Roberts said.
“It’s very different in open water, and I think people really underestimate the danger.”
Alcohol makes it harder to swim, Roberts said. And waves and wakes churned up by wind and passing boats come at swimmers from every direction.
“If you don’t anticipate that and you swallow a little bit of water, panic sets in,” Roberts said. “You can imagine what can happen if you’re in 12 or 15 feet of water when that happens.”
Additionally, un-anchored boats can drift away from where swimmers jumped into the water, causing swimmers to swim farther than they’d planned to.
‘No Excuse’ for Not Wearing Life Jacket
Failing to wear a life preserver is the cause of most drownings, Roberts said. Of the 25 boating fatalities in 2021, only four were wearing life preservers, according to the DNR report.
Not surprisingly, DNR wardens last year issued motorboat operators more citations (454) for failing to carry the required number of life preservers than for any other violation.
Many people got out of the habit of wearing life preservers in the 1970s and 1980s, when cumbersome, ill-fitting, and scratchy orange life preservers were the only option. That’s no longer the case, Roberts said.
“Life jackets are made in so many different varieties these days, there’s really no excuse not to wear one. They’re super comfortable.”
Other Violations
Speeding (158 citations) and operating a personal watercraft in a manner that makes a wake within 100 feet of another boat (142 citations) took second and third place on the DNR’s list of top 10 boating citations for 2021.
Roberts and his colleagues spend a lot of time policing jet-skis because Jet Skis® are involved in a share of accidents that’s disproportionate to their number.
That’s in large part due to the fact that jet-ski operators, Roberts said, tend to be younger and more reckless.
‘Your Skipper Should be Sober’
Operating a boat while intoxicated (123 citations) took fifth place on the list. Drunken boating is a persistent problem, Roberts said.
“No one says you can’t have a beer on a boat,” Roberts said. “But at least your skipper should be sober.
“Enjoy your beverages back at the cabin, but have somebody that’s sober driving the boat. There’s just so many things that can go wrong without a coherent person at the helm.”
Law Change for Water Skiing
Roberts said water skiing accidents are uncommon; he’s only seen two in his 20 years as a warden.
“Water skiing tends to be a group effort,” Roberts said. “There’s often a lot of eyeballs out there when people fall.”
He noted a recent change in Wisconsin law regarding water skiing. An observer (a spotter) is no longer required when pulling a skier, Roberts said – a
wide-view rear-facing mirror is now sufficient.
Insurance Issues
Having adequate boating insurance is critical when a safety violation leads to an injury.
Most homeowner's policies cover boats but exclusions for boat coverage vary widely, said Keith Stachowiak, a personal injury litigator at Murphy & Practhauser, S.C. in Milwaukee.
For instance, some policies exclude boats with inboard motors or boats with engines above a certain horsepower limit.
“It’s important to talk to your agent and give them the exact type of boat that you want covered,” Stachowiak said.
While smaller and less powerful boats are often covered by a homeowner's policy, homeowners looking to insure larger and more powerful boats will often need to purchase a rider or an addendum, Stachowiak said.
Policy Limits Important, Too
Thadd Llaurado, Stachowiak’s partner, said that having insurance on your boat isn’t enough.
Buying a policy with sufficient coverage limits is important too, because even a regular-sized fishing boat can cause significant damage, Llaurado said.
Michelle Hockers, another lawyer at Murphy & Practhauser and a boat owner, said that boat owners often don’t think about insurance for Jet Skis, which are typically not covered by homeowners’ policies.
Because Jet Skis are less expensive than boats, Hockers said, “people think ‘I don’t need insurance on that,’ but in terms of liability you definitely do.”
Again, the loss of the Seabird is relevant.
When the Seabird sank, she was worth $50,000: in 2022 dollars, $1,000,000. But because the ship was uninsured, her owners recovered nothing and had to look another source to cover liabilities arising from the wreck.
Drinking a Source of Liability
Llaurado said that in his experience, drunken boating is the biggest source of liability for boat owners. An additional factor is that state law allows anyone born before Jan. 1, 1989, to operate a motorboat without a safety certificate.
“There’s a lot of people running around in boats that are not trained,” Llaurado said.
According to Hockers, a third factor is the misperception that driving a boat calls for less care than driving a car. As an example, Llaurado cited an accident in which a friend of his was killed by an intoxicated boater.
“The three guys who killed my friend would never have gotten behind the wheel of a car and driven in the state they were in. No way.
“But it was kind of that attitude of ‘Oh, we’re on a lake and we’re having fun on a boat and the so-called rules don’t apply.’ We’ve seen a lot of that in our cases.”