BSA Safe Boating/Sailing Standards

BOY SCOUTS OF AMERICA
National Office
1325 West Walnut Hill Lane
P.O. Box 152079, Irving, Texas 75015-2079
214-580-2000
November 28, 1994

FROM:Don Winston, Director, Exploring Division

THROUGH: Parvin L. Bishop, National Program Director

TO:Scout Executives and All Professional Staff Members

When the new Passenger Vessel Safety Act of 1993 was signed into law, it cleared up the confusion for recreational boat owners over who is a "guest" on board and who is a "passenger for hire." This being the determination for compliance to either commercial vessel or recreational vessel standards of the U. S. Coast Guard.

Under the new law, a "passenger for hire" is defined for the first time as someone who has contributed "consideration" to the owner, operator, or agent of the vessel as a condition of being taken out on the boat.

The new definition of "consideration" does not include nominal gifts such as food, drink, or any other small item. The seven dollar annual registration fee has not been determined to be "consideration" under the new law. Voluntary sharing of expenses for food, fuel, bait or other supplies for the outing does not constitute "consideration." Thus, BSA owned vessels are not considered "small passenger vessels" or "passenger vessels" regardless of the number of Scouts or Venturers on board, and therefore not subject to U.S. Coast Guard operator's licensing and inspection. (USCG letter of 10/06/94 and the USCG publication titled Federal Requirements and Safety Tips for Recreational Boats are attached)

Action: The following new Safe Boating/Sailing Standards will become effective immediately, except for exempt boats, and applies to the operations of boating and sailing activities at the unit, district, and council level.

NATIONAL COUNCIL BOY SCOUTS OF AMERICA

EXEMPT BOATS

Row Boats, Canoes, Open Cockpit Sailboats, Small Vessels Propelled Solely by Oars or Paddles.

Safety Standards:

BSA Aquatic Safety Standards as published in "Safety Afloat," Guide to Safe Scouting, No. 34410.

Three New Safety Standards:

1. These boats shall display a current USCG Auxiliary "Seal of Safety" decal obtained through a free "Courtesy Marine Examination" by a member of the USCG Auxiliary within the council territory.
2. Adult leaders operating BSA boats shall complete the basic boating safety course from one of the following local organizations:
• U.S. Coast Guard Auxiliary
• U.S. Power Squadrons
• U.S. Sailing
• American Red Cross
• Boating safety course qualified by your State Boating Law Administrator.
• Equivalent training or experience gained from participating in sailing or small boat programs i.e., U.S. Navy, U.S. Coast guard, or Merchant Marine Academies
• USCG Operator's License.

To find a conveniently-located boating safety course, call the BOAT/U.S. Foundation for Boating Safety's toll-free Course Line, 1-800-336-BOAT.

3. An annual Boat Safety Check List completed and filed with local council thirty days after charter renewal by a member from the council Health and Safety Committee or other council committee as designated by the Scout Executive. (Boat Safety Check List and sample Council Authorization Certificate are attached and should be reproduced locally.)

Four New Safety Standards:

(1.), (2.), and (3.) as above.

4. Operators of these boats shall obtain every four (4) years a "Condition Survey" (i.e., statement or letter indicating the condition of the vessel and suitability for the service intended) from a recognized or certified Marine Surveyor and filed with local council.

New Safety Standards:

1. In all cases, the operator must have a U.S. Coast Guard operator's license.

Under the Passenger Vessel Safety Act of 1993, a "passenger for hire" is defined for the first time as someone who has contributed "consideration" to the owner, operator, or agent of the vessel as a condition of being taken out on the boat. In such cases, the operator must have a U.S. Coast Guard operator's license and retain or seek a U.S. Coast Guard Certificate of Inspection for the vessel.

2. The other major change in the law that may affect some BSA owned boats is in the use of the vessel as a charterboat. Under the new law, a bareboat charter vessel carrying more than 12 "passengers for hire" must now be inspected by the U.S. Coast Guard.

A vessel measuring less than 100 gross tons can carry up to 6 "passengers for hire" and does not need to be inspected. It is now called an "uninspected small passenger vessel."

A vessel measuring more than 100 gross tons can carry up to 12 "passengers for hire" and does not need to be inspected. It is now called an "uninspected passenger vessel."

Unit Number:________ Council Name: _________________________________

Boat Name:__________________________________________________________
Boat Make/Model/Manufacturer/or Style: _____________________________
       Include the year built if known

State Registration Number and/or Hull Number:_______________________
       Serial numbers do not take the place of this information.

Length: _______ Measure the uppermost continuous deck between the 
     inside of the stern post to the inside of the stem post (USCG 
     specifications)

Kind of Propulsion: ___ Gas/diesel powered ___ Sailboat 
     ___ Power supplemented sailboat
Over 50' classification, indicate where the boat is docked (name of 
pier and city):__________________________________
CHECK:
___ 1. In compliance with an annual USCG Auxiliary Courtesy Marine 
     Examination and "Seal of Safety" decal displayed on boat.

___ 2. In compliance with minimum and maximum number of persons 
     carried aboard (See Guidelines on Back).

___ 3. Have determined which additional equipment is appropriate for 
     this boat as outlined on page 33 of the USCG publication 
     titled Federal Requirements and Safety Tips for Recreational 
     Boats and/or other items as described on page 5-83, 
     under Boating Safety in the Sea Scout Manual, 
     No. 33239. USCG Boating Safety Hotline is 800-368-5647 for 
     literature and questions.

___ 4. Vessels over 30' in compliance with a "Condition Survey" every
      four years by a recognized or certified Marine Surveyor. 
     Date of Survey:__________________ 

___ 5. Adult leader (Name):_______________________________________ 
     operating BSA vessel has completed the basic boating safety course from:
        ________________________________________Date ______________ 
                (Organization/USCG Licensed)

APPROVAL:
Signature:_________________________________ Date:____________________ 
                 (Council Designee)

Signature:_________________________________ Date:____________________ 
        (Adult Boat Operator or Unit Leader)

Use the information contained on the capacity plate attached to the boat, or if capacity plate is missing, use the formula below to determine the maximum number of persons to be carried:

(Length X Width)
15

1- Sailing vessels under 26 feet LOA:
1 Operator
1 Experienced person
1 Other crew member

2- Sailing vessels 26 feet and longer:
1 Operator
1 Experienced person
2 Other crew members

3- Power vessels under 26 feet LOA:
1 Operator
1 Experienced person

4- Power vessels 26 feet and longer:
1 Operator
1 Experienced person
1 Other crew member

5- Power vessels not having engine controls at the steering station shall require at least one additional crew member to provide for engine control.

6- When a vessel is cruising for more than 12 hours of continuous operation, these minimum crew guidelines will be doubled to provide two (2) watches.

7- The actual evaluation for minimum and maximum crew will consider the number of persons carried, the waters being cruised, and the general arrangement, and size of the vessel.

BOY SCOUTS OF AMERICA

LOCAL COUNCIL AUTHORIZATION

__________
(Unit Number)

______________________________
(Chartered Organization)

______________________________
(Adult Boat Operator)

IS AUTHORIZED TO OPERATE BSA VESSELS IN

______________________________
(Council)
______________________
(Levels of Qualification)

ON THE WATERS OF

______________________

___________________
Date

Levels of Qualifications:

1. Exempt Boats
   
2. Boats 30'and Under
   
3. Boats Over 30'

Unlimited waters, Coastal Waters, Bays, Lakes, Sounds, or Restricted Bodies of Water, etc. The body of water that is appropriate for the maturity, training, and experience of an individual.

Chartered Organization Representative

Local council Scout Executive