Pulled Over for Wake Surfing

[rubclt]

I was pulled over for pulling a wake surfer in North Carolina. The policeman was very nice but he said that the rider could not be directly behind the boat and that no one can be on sun deck. He said some of the agencies on the lake will start issuing $165 tickets for “endangerments and recklessness” or something like that… I did not get a ticket... Has anyone had issues with this?

[Red57Bird]

On Lake Gaston, I have yet to see anyone surfing being pulled over by NCWRC. The NC regs do specify that all passengers have to be inside the boat and within the gunwales, but I don't believe there is any rule regarding where a rider can or can't be in relation to the back of the boat. As long as you keep passengers inside the boat, you should be OK.

What lake were you on?

[ers906]

I know that the mindset is CO poisoning can occur within 10 ft or so directly behind the boat, but I have yet to actually see a law written which bans wakesurfing. As far as being on the sundeck, I think that is pretty much the case most places. We got pulled over the other day when one of the passengers just was leaning up against the back seat. The sheriff was nice and we didn't get a ticket (although did get a "talking to" re: non-USCG approved vest that I use). However, I am looking at getting an FAE since after about 10-15 minues of surfing, I start talking to the mermaids who are riding the wave around me.

[HS]

Washington Boater Education

I have not been pulled over but did recently review the following information which is part of the new Boater Education Card that is being phased in. I would think that the sherrif could or might try to use this as a basis to go after wake surfers, either for the CO or for overloading / unsafe operation. FWIW:

"Chapter 4: The Legal Requirements of Boating
Unlawful Operation of a Vessel
Washington law designates the following dangerous operating practices as illegal.

Negligent Operation is operating a vessel in a manner that causes danger to the life, limb, property, or rights of any person. This includes:

Not paying attention to the operation of the vessel
Failing to keep a proper lookout
Failing to follow the navigation rules
Causing danger from the effects of the vessel’s wake– Waves that a vessel leaves behind as it moves through the water
Allowing passengers to ride on the bow– Front of a vessel, gunwales– Upper edge of vessel's side (generally pronounced gunnel), or transom– Vertical surface at the back of the hull of a vessel not equipped with adequate railings to prevent falls overboard– Over the side or out of the vessel


Reckless Operation is operating carelessly in a willful and wanton disregard of the rights, safety, or property of another person. It includes:

Weaving in and out of other vessels, docks, or buoys
Playing “chicken” with another vessel
Operating in a marked “No Boats” area such as a swimming or dam spillway area
Remember—Speed limits and zoned or restricted areas are determined by local ordinance in Washington. Talk to the marine patrol of your local sheriff’s office or police department before going boating.

Teak Surfing (or Platform Dragging) is holding onto any portion of the exterior of the transom of a vessel (including the swim platform, swim deck, swim step, or swim ladder) for any amount of time while a power-driven vessel is underway or the engine is idling. Bodysurfing is swimming or floating on or in the wake directly behind a power-driven vessel that is underway or idling.

The law does not apply to persons who are briefly on a swim platform, swim deck, swim step, or swim ladder while exiting or entering a vessel.
This law has been passed to aid in the prevention of carbon monoxide poisoning (read more in Chapter 5).
All new and used power-driven vessels that are sold within Washington (other than personal watercraft) must display an approved carbon monoxide warning sticker on the interior of the vessel.


Washington state law requires the owner or dealer to apply this sticker on the interior of the vessel where it will be visible to passengers.

Overloading or Overpowering a Vessel is putting too much equipment on a vessel or equipping it with an engine that is too large and powerful, either of which can cause the vessel to capsize– To turn on the side or turn completely over or swamp– To fill with water and put people into cold water.

If it appears to an enforcement officer that the vessel is clearly overloaded or overpowered beyond safe operation and is in a hazardous condition, the officer may direct the operator to return to shore and correct the condition before continuing the voyage.
Remember that it is unsafe and a violation to:
Load your vessel with passengers or cargo beyond its safe carrying ability or to carry passengers in an unsafe manner, taking into consideration the weather and other existing conditions at the time of operation, such as traffic or tides. Use your capacity plate to guide you."

Text in quotes was copied from http://www.boat-ed.com/wa/course/p4-...soperation.htm

[GoBig]

I've been wondering about this myself. There are plenty of safety regulations (as detailed by the previous post) that could be interpreted to ban wakesurfing without specifically banning wakesurfing. Unfortunately, with the popularity of the sport, huge wakes, and increased risk (CO intake, too close to boat, people loosing fingers, etc) I think it is just a matter of time before we start seeing more bans or regulations on wakesurfing. Unfortunate.

Funny though, last Sunday we wakesurfed back and forth in front of the Sheriff for over an hour without incident. Then we go drop anchor in a 5mph cove and my 9 y/o daughter was paddling around on the board about 10 feet from the back of the boat. The Sheriff comes over and reads me the riot act for her not wearing a life vest and not having a flag up! What? Anchored in a 5mph cove with the engine off? That was a first. In any case, he proceeded to give me the whole safety inspection thing, which I passed with flying colors. It was classic, when he asked to see 4 adult vests, my wife pulled out 4 wakeboarding vests, 3 of which were USCG approved, one was not. He says, "OK that's good, you have 4." I said, "no sir, this one is not USCG approved" then I pulled out an orange life vest. "Oh that is one of those 'practice vests?'". Yessir, we are only practicing wakeboarding today, we are not doing it for real. Uhhhhh....

I didn't get a citation.

[harddock]

The CO concern was mainly concerned with hanging on the platform and being dragged in the water at almost exaust level. Being upright, off to the side and 10-15 feet away should not be as dangerous I would think.

Negilgent operation should be addressed towards the irratic operation of tube pullers with no discernable pattern to their driving.

[obd666]

would be interested to hear what lake you were on too ? as regards erratic tube pulling, i couldnt agree more

[Gasman87]

I just dont get it

[SkiTower]

as regards erratic tube pulling, i couldnt agree more

agreed. Labor day weekend I managed to find a relatively smooth cove. Right when my daughter got in the water, this bayliner wannabe came through the cove with two tubes. He was all over the place. TAKE IT TO THE MAIN PART OF THE LAKE!

[Willy1]

Ive only been pulled over once by the marine police. When as he was pulling up to the boat he was reading his law book like he was trying to find out what we were doing illegel but my father said there is nothing illegel about it the policeman said how long is the rope we answered there isnt one( we didnt mention getting up with a rope though) and he said nothing else but yall have a nice day it was quiet funny but other than that never had any issues.
Wil

[HS]

Fae

The CO concern was mainly concerned with hanging on the platform and being dragged in the water at almost exaust level. Being upright, off to the side and 10-15 feet away should not be as dangerous I would think.

FWIW, At the web site for Fresh Air Exhaust they have data from a bunch of tests measuring the CO that is present behind various boats and speeds, and various links to the CDC report like this one...http://www.boatpipes.com/Reports/USC...FAE_report.pdf

I posted the stuff I found on the Boater's Ed website b/c I think our local sherrif's interpretation might someday be that surfing will be included in the CO enforcement.

[HS]

Fae

I quoted Harddock b/c I think he is correct...one of the conclusions drawn by the www.BOATPIES.COM articles I read stated "any rule that prohibits ...surfing within 20' aft of the boat is not supported by the studies."

[horkn]

Whenever any new activity is introduced, the cops will try to find a legal way to issue a ticket, or at least stp the activity.

In these cases, if a ticket is given, you can always fight it in court. Most times the defendant will win, because the officer needs to actually show up, and then they need to prove you were doing illegal activities. In between getting ticketed and the court date, you have time to research and make your case.