Join Date: Jul 2006
Thanked 65 Times in 62 Posts
Rep Power: 11
Here is what the new crew member was cited for:
> Every vessel shall at all times maintain a proper look-out by sight and
> hearing as well as by all available means appropriate in the prevailing
> circumstances and conditions so as to make a full appraisal of the situation
> and of the risk of collision.
> 327.33 Reckless or careless operation of vessel.—
> (1) It is unlawful to operate a vessel in a reckless manner. A person is
> guilty of reckless operation of a vessel who operates any vessel, or
> manipulates any water skis, aquaplane, or similar device, in willful or
> wanton disregard for the safety of persons or property at a speed or in a
> manner as to endanger, or likely to endanger, life or limb, or damage the
> property of, or injure any person. Reckless operation of a vessel includes,
> but is not limited to, a violation of s. 327.331(6). Any person who violates
> a provision of this subsection commits a misdemeanor of the first degree,
> punishable as provided in s. 775.082 or s. 775.083.
> (2) Any person operating a vessel upon the waters of this state shall
> operate the vessel in a reasonable and prudent manner, having regard for
> other waterborne traffic, posted speed and wake restrictions, and all other
> attendant circumstances so as not to endanger the life, limb, or property of
> any person. The failure to operate a vessel in a manner described in this
> subsection constitutes careless operation. However, vessel wake and
> shoreline wash resulting from the reasonable and prudent operation of a
> vessel shall, absent negligence, not constitute damage or endangerment to
> property. Any person who violates the provisions of this subsection commits
> a noncriminal violation as defined in s. 775.08.
> (3) Each person operating a vessel upon the waters of this state shall
> comply with the navigation rules.
> (a) A person whose violation of the navigation rules results in a boating
> accident, but whose violation did not constitute reckless operation of a
> vessel, is guilty of a misdemeanor of the second degree, punishable as
> provided in s. 775.082 or s. 775.083.
> (b) A person whose violation of the navigation rules does not result in a
> boating accident and does not constitute reckless operation of a vessel is
> guilty of a noncriminal violation as defined in s. 775.08.
> (c) Law enforcement vessels may deviate from the navigational rules when
> such diversion is necessary to the performance of their duties and when such
> deviation may be safely accomplished.
> (4) Unless otherwise provided in this chapter, the ascertainment of fault
> in vessel operations and boating accidents shall be determined according to
> the navigation rules.
> History.—s. 1, ch. 59-400; s. 3, ch. 63-105; s. 1, ch. 65-361; s. 6, ch.
> 81-100; s. 6, ch. 84-188; s. 6, ch. 86-35; s. 2, ch. 88-133; s. 2, ch.
> 89-136; s. 45, ch. 91-224; s. 1, ch. 92-92; s. 6, ch. 2000-362.
> Note.—Former s. 371.50.