A Primer on Ohio Boat Laws
An important part of owning and maintaining a boat in Ohio, is the knowledge of what laws apply to your boat and the related responsibilities. Owners of motorized, sail, and non-powered vessels, such as paddleboats, should all be aware of Ohio’s boat laws. Complying with these rules can aid in preventing disputes with boaters, accidents and accidents with other vehicles, people, and boats. Not only do Ohio boat laws set penalties for failing to comply, but they also are required to register your boat.
The Ohio Revised Code 1547 describes the types of locations on which Ohio boat laws apply. These locations include Ohio State Parks, reservoirs, lakes, and waters connected to a lake or river. Additionally, the same laws apply to boat traffic on the Ohio River, regardless of which state the river is flowing through. Similarly, Ohio boat laws apply to the Great Lakes, regardless of which state the waterway is flowing into. Ohio boat laws also apply to any non-powered vessels on any waterway that is deemed navigable under federal law.
Ohio boat laws apply to all types of vessels. In Ohio, any vessel that has a motor is required to be registered with the Ohio State Watercraft Operation as well as registered with the Ohio Division of Parks and Recreation. The types of vessels subject to Ohio boat laws include sailboats, privately owned sailboats, yachts, and motorboats. This can include personal watercraft such as Sea-Doos and jet skis , if the vessels are powered by a motor larger than 10 horsepower. Fast sailing vessels of over 25 feet in length are also subject to Ohio state laws. Vessels that are subject to federal laws are not subject to Ohio boat laws.
In order to legally use your vessel on Ohio waterways, the vessel is required to be registered with the Ohio State Watercraft Operation. In addition to registering with Ohio State Watercraft Operation, your vessel must also be registered with the Ohio Division of Parks and Recreation. A certificate of registration is issued by the ODPO which serves as an indication of ownership. This document must be kept in the presence of the vessel while using it on Ohio’s waterways. The same process applicable to obtaining a registration certificate also applies to renewing the certificate. This must be completed every three years.
In addition to the requirements described above, Ohio boats laws require that the owner of the vessel undergo a boater education course. Boater education courses are designed to teach owners of small and large vessels the laws that apply to their vessel. There are a variety of boater education courses that are approved by the ODPO and the Division of Parks and Recreation. Once you complete the course, you will receive a certificate of completion. This certificate shows that you received instruction on the requirements to legally navigate Ohio waterways.
How to Register Boats in Ohio
To legally operate a non-exempt motorized or sailing vessel on Ohio waterways, you must obtain a Certificate of Title and Certificate of Registration for your boat. A full list of exemptions can be found below. The Ohio Certificate of Title for a watercraft must be obtained through the Clerk of Courts Title Office located in the county where your vessel is primarily moored. (Yes, the Title Office that would help you secure the title for that used minivan you bought off Craigslist). The staff at your local courthouse can assist you with the appropriate forms, fees, and instructions to secure the proper Title for your boat. To register your vessel, you must complete and sign the Ohio Watercraft Registration Application. This form is used to establish proof of ownership for your vessel and requires you to exhibit your Certificate of Title during the registration process. Having the title or bill of sale handy will allow you to fill out the registration application as you did the Title application. The completed Registration Application, along with any required attachments, can then be submitted to the local registrar (also your County Clerk of Courts) where you acquired the Title. The registration fee for Ohio vessels depends on a few details, including the length of your boat, whether it is motorized, and if you register for 1 or 3 years. The maximum fee is $36 USD (for a 3 year registration of a 20 foot or longer boat) and the minimum is $2 USD (for a 1 year registration of a vessel less than 9 feet long). The state also charges a $5 USD titling fee for all new titles issued or reissues of an existing Certificate of Title. Once a Certificate of Title and Certificate of Registration have been obtained, they must be placed on display on the boat in a visible location. For non-motorized vessels, the Certificate of Registration needs only be placed within your boat and it is illegal for the owner of a non-motorized vessel to have the applicable paperwork available for the convenience of state law-enforcement personnel.
Rules and Education for Operating a Boat in Ohio
Ohio enacts the boat operator’s age and education laws to reduce the risk of accidents, injuries, and fatalities. Under these rules, anyone born in 1982 or later must take and pass a mandatory boating safety course and carry a certificate proving completion of the course. Anyone born before 1982 is not required by law to prove boating education, but the state strongly encourages everyone to take an approved boating safety course anyway. The primary exemption from these age and education regulations is for people who paddle only non-motorized vessels, like canoes, kayaks, or rowboats.
It’s important to note that the Ohio Department of Natural Resources offers temporary certificates for people who are attending boating education courses that last longer than one day. These temporary certificates expire after 60 days or once the student passes the course, whichever happens first. Some boating safety courses don’t require a written exam at the end; in that case, receipt of payment is sufficient proof that you’ve completed the course.
Not only do Ohio boating laws require motorists to wear life jackets; they also require that children who are less than 10 years old wear life jackets whenever they are on board an recreational watercraft, including sailboats, jet skis, motorboats, and fishing boats, with some limited exceptions.
Required Boating Safety Equipment
Each vessel must have on board the following:
Life Jackets: Personal flotation devices (PFD), or life jackets, are required for all boats, and at least one must be a Type 1, 2, or 3 PFD that is the proper size for each person on board. The U.S. Coast Guard (USCG) requires that outboard vessels less than 16 feet in length, whether produced by a manufacturer or homemade, have an approved life jacket for every person on board or being towed. The USCG also publishes a chart of corresponding PFDs (in both U.S. Coast Guard and U.S. Army Corps of Engineers regulations) showing sizes available and the corresponding minimum weights for each age group. For example, a child must wear a personal flotation device (PFD) that weighs at least the minimum of their weight or 50 lbs., while an adult must wear a personal flotation device (PFD) that weighs at least the minimum of their weight or 90 lbs. If there is one child aged 12 years or younger on board a vessel that requires one or more PFDs, at least one of the personal flotation devices (PFDs) on the boat must be a Type I, II, or III PFD that is a belt pack model. If there is more than one child aged 12 years or younger on board a vessel that requires one or more PFDs, each personal flotation device (PFD) on the boat must be of the Type I, II, or III with a neck collar model.
Fire Extinguishers: Interior fire extinguishers are mandatory as follows:
· Uninspected passenger vessels that carry more than six passengers must have at least two B-I hand portable extinguishers.
· A Class A fire extinguisher is required on any vessel under 40 feet, if the vessel has either closed compartments that have the double bottoms or hulls without tops or a closed living space, and a closed engine compartment where inboard engines using gasoline are installed.
· A Class B fire extinguisher is required on vessels between 26 and 40 feet with the following:
· A Class B fire extinguisher is required on any vessel with a length of 40 feet or longer that has the following:
· A Type B-1 (Marine 5-B, 10-B or 20-B) fire extinguisher is required on vessels between 26 and 40 feet that carry the following:
Signaling Devices: Vessels less than 16 feet in length need no flares, a distress flag, or a sound-producing device. All other vessels only need one of the three: flares, distress flag, or sound device.
Speed Limit and Zoning Laws
Ohio courts have established uniformity in speed restrictions, establishing where the speed limits and zones are restricted based on state law. The following is a breakdown of what these laws entail.
The state and local authorities control speed limits for motorboats, including jet skis and similar vehicles, on Ohio’s waters. Limits exist between riparian zones and non-riparian zones only on rivers, streams, lakes and ponds that have been marked by buoys, natural barriers or markers.
A boater must reduce his or her speed at least 25 yards away from any boat, vessel, an inland lake or shore, marina, dredge pile, floating dock, piling, wharf, pier, jet ski zone, swimming areas and occupied markers. In addition, the boat cannot cause excessive or unusual waves or noise.
Under Ohio law, if a boater violates the speed limits or the wake restrictions, he or she may be charged with violating any provisions of the motorboat operation rules as well as the federal navigation rules. In some jurisdictions, a citation can be issued, and in others, the local or state authorities may initiate a criminal speed complaint.
In addition to the above restrictions, under Ohio law, boater cannot propel or jump his or her boat, jet ski or other sailing vehicle in or from the water onto a beach, bank, embankment, mooring, dock, sleeping person, another vessel or an inner-tube or water-toy user without authorization of the boater in command, or break the surface of the water with the bow of the boat or the jet ski two or more times while attempting to moor the vessel or to pick up or drop off passengers. Failure to comply with this restriction may result in being charged with a first-degree misdemeanor, which carries a possible jail term of six months and up to a $1,000 fine.
Ohio has established speed limits and other rules around the state that govern motorboats and their operation in the state’s waters. The laws establish where and when boats can be operated and other factors that apply to boats and their owners. Boaters would be wise to read the laws so they can avoid fines and charges that affect their ability to operate their vessels.
Alcohol and Boating Regulations
As an extension of federal regulations, Ohio law prohibits operators of water vessels from consuming alcohol or drugs, and provides legal restrictions on their blood alcohol levels. Ohio law considers these substances to be dangerous because they disrupt coordination, judgment, and balance, leading to dangerous situations on the water. The legal limit under Ohio law for blood alcohol concentration (BAC) is 0.08 percent , with more severe penalties for merchants and persons under the age of 21.
Penalties for violating Ohio law vary depending on the severity and frequency of the violation. For many violations, you face misdemeanor charges, which may include jail time and steep fines for a first-, second-, or third degree DUI charge. If you are facing charges for alcohol- or drug-related boating violations, consider speaking with an experienced Ohio boat accident attorney.
Environmentally Friendly Boating Practices
As part of Ohio’s effort to protect its waterways and aquatic ecosystems, it is critical to adopt environmentally responsible boating practices. Not only are callous acts or poorly executed practices subject to penalties, but harmful activities may severely damage the waterway and the native species within. It is essential for all boaters to be aware of their local laws and adopt best practices in order to avoid liability and prevent damage to these natural resources.
For instance, public rights-of-way to Ohio waters are established at all locations where navigable waters are present and adjacent lands have historically been used for travel by the public. Additionally, every harbor and inlet are open to the public to a distance of at least 200 yards below the high-water mark, and each river is public to the center or thread of the stream.
Other environmentally friendly boating practices concern hazardous substances, such as:
• The discharge of any untreated sewage from marine sanitation devices is prohibited.
• The deposit or discharge of any waste, refuse, garbage, vessel wastes, sewage, oil, harmful liquids, chemicals, or other materials from any boat is prohibited.
• Ballast water or other fluids from any vessel shall be discharged to land facilities equipped to accept such fluids, unless the discharge is specifically authorized by federal law.
Any violation of these practices is a misdemeanor, punishable by a fine of up to $1,000 for each day of noncompliance. In addition, certain state laws target "wasting" an animal—this includes throwing a game fish or protected endangered species overboard, or failing to make a reasonable attempt to recover such animal that has been caught in an attempt to fish.
How Serious are the Penalties for Breaking the Boat Laws
Violating the Ohio boat law may prove costly. If convicted of a motorized boating violation, you may be subject to penalties as follows:
First violation: Up to a $1000 fine and 60 days in jail; suspension of your Certificate of Title (this is different from your registration) for 180 days.
Second violation: Up to a $2000 fine and 120 days in jail; suspension of your Certificate of Title for 1 year.
Third violation: Up to a $4000 fine and 180 days in jail; suspension of your Certificate of Title for 2 years.
Additionally, under Ohio Revised Code Section 1547.99(C), violations related to operating a watercraft while under the influence of drugs or alcohol can result in civil or criminal infractions against the offender as follows:
First-offense misdemeanor – Up to a $1,000 fine and 6 months in jail; suspension of your Certificate of Title for 1-3 years; participation in an alcohol and drug addiction program.
Second-offense misdemeanor – Up to a $1,500 fine and 1 year in jail; suspension of your Certificate of Title for 1-5 years; participation in an alcohol and drug addiction program.
Third-offense felony – Up to a $10,000 fine and 5 years in jail; permanent suspension of your Certificate of Title; participation in an alcohol and drug addiction program.
Fourth and subsequent offense felonies – Up to a $10,000 fine and 5 years in jail; permanent suspension of your Certificate of Title; participation in an alcohol and drug addiction program.
If you are convicted or plead guilty to any of these offenses, you may also suffer other consequences including fines, jail time, probation, or revocation of your Certificate of Title by the Ohio Department of Natural Resources.
Additional Resources for Ohio Boaters
As a state with a sprawling network of waterways and an active boating community, Ohio offers a number of resources to help help boaters stay informed and up-to-date on important aspects of boating law. The Ohio Department of Natural Resources (ODNR) oversees many of the regulations that pertain both to private and commercial vessels, and their online resource center has a wealth of information for boaters. The "Boater’s Pocket Guide to Ohio Boating Laws & Rules" is an excellent place for any boater to start. Because many boaters are less familiar with boating laws than they are with driving laws, the pocket guide provides a comprehensive overview of what any boater needs to know regarding the operation of motorized and wind-powered vessels on Ohio’s waters. The guide encompasses topics such as safety equipment and safety principles, as well as recreational boating rules and waterway rules. Boaters without access to the Internet can access the guide by printing it from the ODNR website or by requesting a physical copy from the agency directly. In addition to the boater’s pocket guide, the ODNR also provides excellent resources for those planning on operating a personal watercraft, or PWC, on Ohio waters. The "Paddle Ohio’s 150 Continous Miles of Trail in Southwest Ohio" pamphlet is a must-read for kayakers and canoeists , while the "Know Before You Go: PWC" pamphlet provides a quick overview of some of the specific laws that govern the use of PWC in Ohio. Boating safety, particularly with regard to equipment and operator qualifications, is paramount for any boater operating a vessel in Ohio. The ODNR’s website includes a comprehensive list of different boating safety courses that can be taken in Ohio, which can be sorted by provider, area, or subject. While the majority of these are provided by private individuals or organizations, the information is still valuable for planning a boating course. If you are seeking more specific information on a particular aspect of Ohio boating law or a specific waterway, you can also access the Ohio Revised Code directly through this link. The Ohio Department of Natural Resources also has a number of additional contacts and links listed that provide valuable information to educate yourself and stay abreast of any recent changes to boating law. As an active member of the boating community, it’s your responsibility to become familiar with and understand the laws that will govern your actions on the water. Familiarizing yourself with these laws is essential to ensuring your boating enjoyment and avoiding potential legal problems down the road.