New Florida commercial operator regs.

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Old Yeller
Southern Airboat Member
Posts: 18
Joined: Mon Jul 21, 2008 10:45 am

Re: New Florida commercial operator regs.

Post by Old Yeller »

Please show me where to find the "Exemption of Preemption" in CFR for Ellie's Law to be applied to US Navigable Waters in Florida.

This is an example of how state or local laws are properly enacted to be applied to US Navigable Waters:
The CFR requires children under 13 to wear a life jacket, the states were "allowed", by exemption of preemption, to set the requirement if they chose.

SUBCHAPTER S—BOATING SAFETY
PART 175—EQUIPMENT
REQUIREMENTS
Subpart A—General
Sec.
§ 175.5 Exemption from preemption.

The States are exempted from preemption by Federal regulations when establishing, continuing in effect, or enforcing State laws and regulations on the wearing or the carriage of personal flotation devices directly related to the following subject areas within the jurisdictional boundaries of the State:
(a) Children on board any vessel;
(b) Operating a canoe or kayak;
(c) Operating a sailboard; and
(d) Operating a personal watercraft.
[CGD 92–045, 58 FR 41608, Aug. 4, 1993]

Old Yeller
Southern Airboat Member
Posts: 18
Joined: Mon Jul 21, 2008 10:45 am

Re: New Florida commercial operator regs.

Post by Old Yeller »

Glad to see Alachua County Court addressed preemption in II. "Implied Preemption in para #41-48!!
State TRUMPS local, Federal TRUMPS state!

GREAT JOB Smokster :D
Attachments
Alachua County_Schaus_Final Order.pdf
(283.28 KiB) Downloaded 31 times

Old Yeller
Southern Airboat Member
Posts: 18
Joined: Mon Jul 21, 2008 10:45 am

Re: New Florida commercial operator regs.

Post by Old Yeller »

Legislative Analysis of Ellie's Law attached for consideration:

Where is the line, standard, regulation or Federal Court Decision that delineates "substantial commerce" and gives jurisdiction to a state?
If you are required to hold an MMC for your operation, you are under Federal :old_glory: Jurisdiction.

Where are all the Masters (required to be familiar with all regulations) and Experts to help explain this?

"Airboats are considered vessels and are subject to vessel safety and operation regulations under state and
federal law. In Florida, for-hire vessel operators on freshwater, inland waters, or other waters that are not used as highways for substantial interstate or foreign commerce are not required to take any additional training courses or possess any boating-related licenses or special endorsements."

Apples > Oranges:
The analysis states:
“more than 75 accidents in airboats” have taken place in the past three years in Florida.
In that period, “at least seven people died” and “at least 102 airboat passengers have been seriously injured.”35

FWC website states: " review of Florida boating accidents from year 2007 through the year 2017" (TEN Years)
"there have been 55 airboat accidents that were involved in a commercial activity. These accidents have resulted in two fatalities and 130 injured persons."

These stats indicate commercial airboat has a great safety record in the tour/sightseeing industry!
Attachments
Ellie's Law Legislative Analysis.PDF
(309.79 KiB) Downloaded 26 times

Old Yeller
Southern Airboat Member
Posts: 18
Joined: Mon Jul 21, 2008 10:45 am

Re: New Florida commercial operator regs.

Post by Old Yeller »


Old Yeller
Southern Airboat Member
Posts: 18
Joined: Mon Jul 21, 2008 10:45 am

Re: New Florida commercial operator regs.

Post by Old Yeller »

:old_glory: In response to several questions, I'll put this out there for consideration by all;

The Florida AG issued an opinion Number: AGO 2009-45, September 29, 2009 http://www.myfloridalegal.com/ago.nsf/O ... 41004EFD6F

"In the absence of federal legislation and subject to the powers of Congress over navigable waters, Florida has full regulatory authority over navigable waters within state limits and may even legislate in the area of navigation in appropriate circumstances."

Ellie's Law requires: A photo ID, Boater Safety or an MMC, airboat driver school and CPR. FEDERAL LAW for those operating on US Navigable Waters (a/k/a if you are required to have a Captains License where you operate) that we are regulated by is as follows:
UPV-46 USC Section 4306 establishes the Federal preemption of recreational boating standards and requirements. A State or a political subdivision may not establish, continue, or enforce a law or regulation establishing a performance or other safety standard that is not identical to a Federal standard.
PART 176—INSPECTION AND CERTIFICATION
§176.1   Preemptive effect.
The regulations in this part have preemptive effect over State or local regulations in the same field.
§176.100   When required.
(a) A vessel to which this subchapter applies may not be operated without having on board a valid U.S. Coast Guard Certificate of Inspection
§7302. Issuing merchant mariners' documents and continuous discharge books
(a) The Secretary shall issue a merchant mariner's document to an individual required to have that document under part F of this subtitle if the individual satisfies the requirements of this part. The document serves as a certificate of identification and as a certificate of service, specifying each rating in which the holder is qualified to serve on board vessels on which that document is required under part F.
§8101. Complement of inspected vessels
Section 8101 provides for the required composition of the complement of licensed individuals and crew of an inspected vessel when being operated.
Subsection (a) requires that the certificate of inspection for a vessel state the manning necessary for safe navigation. Manning means the complement of licensed officers and crew.
Subsection (d) prohibits the operation of a vessel without the manning required in the vessel's certificate of inspection
46CFR Part 11, sub-part B, 201
(i) First-aid and cardiopulmonary resuscitation (CPR)
course certificates. All applicants for an original officer endorsement, except as provided in §§11.429, 11.456, and 11.467 of this part, must present to the Coast Guard—
§11.467   Requirements for a national endorsement as operator of uninspected passenger vessels of less than 100 GRT
(4) Hold the first aid and cardiopulmonary resuscitation (CPR) course certificates required by §11.201(i) of this part when, in the opinion of the Coast Guard, the geographic area over which service is authorized precludes obtaining medical services within a reasonable time.

Again, not an attorney, just showing you where to find the FEDERAL REGULATIONS. I certainly find NO absence of FEDERAL Regulation the Florida AG refers to. USCG approves the vessel whether UPV or SPV, our MMC serves as photo ID and qualifications (and WE have random drug testing!) CPR is regulated and for the UPV guys, it is clearly the call of the OCMI if he feels it necessary.

I'm unclear on the FAA and instructors campaigning this, the rec guys have the heavy side of the stats and I'm sure they'll be next if you let this go!

Old Yeller
Southern Airboat Member
Posts: 18
Joined: Mon Jul 21, 2008 10:45 am

Re: New Florida commercial operator regs.

Post by Old Yeller »

:proud:

Always remember the oath you took for the US Merchant Marine:

I do solemnly swear or affirm that I will faithfully and honestly, according to my best skill and judgment, and without concealment and reservation, perform all the duties required of me by the laws of the United States. I will faithfully and honestly carry out the lawful orders of my superior officers aboard a vessel.

Peace-Out

Old Yeller
Southern Airboat Member
Posts: 18
Joined: Mon Jul 21, 2008 10:45 am

Re: New Florida commercial operator regs.

Post by Old Yeller »

Anyone remember a recall of an airboat or component?

Here's the Spring 2020 BSC for those bored with quarantine...
https://uscgboating.org/library/boating ... u2eAZqZi14

Stay Safe
:old_glory: :florida:

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