Being “pulled over” on the water is absolutely common, and is no cause for concern in most cases. You may be pulled over for a variety of reasons or for no reason at all (yes, you can be stopped on the water without probably cause!). If this is confusing to you, you’re not alone: many boaters lack knowledge of their local boating laws and procedures. Fortunately, 321 has all the information you need on getting stopped on Florida’s waterways, and we’ve compiled it into a condensed guide for you.
The first thing you should do is remain calm and try to relax. You’ll very likely escape this encounter without a ticket or fine as long as you and the officer have a friendly interaction and you weren’t doing anything too crazy before being stopped. Law enforcement officers conduct regular boat safety checks that have been proven to reduce the number of boating fatalities, so while they may be a hassle to endure, they’re certainly a worthwhile one. Even if you weren’t following regulations to a T (maybe you didn’t see that channel marker in time), a friendly attitude and a promise not to repeat the transgression will often encourage officers to look past small and harmless infractions.
Do the police need a reason to pull me over on the water?
The answer to this question is complicated and varies by state. For Floridians, the answer is an infuriating, “yes and no”. If a law enforcement officer is representing a Federal agency, such as the Coast Guard, they don’t need any probable cause to pull you over and may stop you for a random safety check or just “because”. However, for state law enforcement officials, the rules differ. Any officer representing the state of Florida must have probable cause to stop you on the water, just as is required on the road. Don’t take these rules as an absolute because these lines can become blurred. For example, if a Coast Guard officer is riding on a County Sheriff’s boat, they can act with their federal authority and stop you from a state-painted boat. In addition, there’s still a question of whether random safety checks require probable cause since they’re for your protection. Confusing, right? On the water, it’s best to assume that you may be stopped at any time, even without probably cause.
What are the most common reasons for being pulled over?
The first reason that comes to mind is for boating while intoxicated. Driving under the influence is a crime on the water, just as it is on the road, and presents an impediment to safety. Just as there are DUI checkpoints on solid ground, you shouldn’t be surprised to encounter them on the water: many boaters know that their local authorities will park at the end of the boat ramp late on weekends to catch boaters coming back in after one too many. If you plan on drinking while boating, wear your life jacket the entire time, drink responsibly, and choose a designated driver to get you home safely. If this isn’t an option for you, hire a captain so your entire group can relax together! 321’s captains will be happy to show you the best locations in the area and get you home safely and citation-free.
Another common reason for a stop is creating too much wake, which is generally the same as speeding. When you see a sign that says “Slow speed, no wake”, you should begin to travel at idle speed and you shouldn’t be creating waves behind your boat (these zones can be compared to residential roads littered with speed bumps). In a “Slow speed, minimum wake” zone, you should be traveling slow enough that you’re creating a small wake, if any, and not causing the bow (front) of the vessel to lift above the surface at all. Police will pull you over for violating these regulations in any area, but especially near docks and seawalls, as erosion from excessive wake destroys these structures quickly. Another “sensitive area” is near other boats, divers, and swimmers, where boating law enforcement will be guaranteed to react quickly to excessive speed or careless driving.
The most common reason that you’ll be stopped is for the safety checks we mentioned above, and these are generally quick and painless. All 321’s boats meet or exceed the safety requirements, so if you’re stopped on one of our boats, you’ll be good to go. However, this is unlikely to happen, because once the local authorities know that you carry the appropriate safety equipment and documents at all times, they’re likely to pursue more unfamiliar boats and faces. Generally, the main priority during these checks is to ensure that enough life jackets are present for everyone aboard, which is always the case on our boats. Children under the age of six are required to wear theirs at all times while aboard the vessel, but for anyone over that age, life jackets just need to be available for safety.
If you want a more in-depth look at Florida’s boating laws, check out the Florida Fish and Wildlife Conservation Commission’s official guide here.
We hope this guide has helped you feel a little less apprehensive about getting stopped by law enforcement officers while boating! Generally, getting stopped will be as easy or easier than a normal traffic stop, and won’t result in any kind of penalty. The #1 goal of most boat police officers is to ensure safety. As long as you follow these basic guidelines, you’ll have a great day boating, even if you do happen to experience a random safety check or stop. If you have any questions about Florida’s boating regulations, please ask us when you come to boat with 321! We’d be happy to explain anything you’re not clear on in more detail.