State Law vs. Federal Law

Registration and Titling Requirements:

All vessels propelled by any form of mechanical power, including trolling motors used principally in the waters of Delaware, must be registered with the Department of Natural Resources and Environmental Control (DNREC). The following are the only exceptions:

• Vessels having valid registration in another state and not remaining in Delaware waters for more than 60 consecutive days
• Vessels documented with the U.S. Coast Guard
• Military vessels and foreign vessels temporarily in Delaware waters
• A ship's life boat used exclusively for life saving purposes

To register your vessel, you must bring the appropriate application, proof of ownership and fee to an authorized sales outlet (see DNREC website).

Once registered, you will receive a Certificate of Number which must be kept aboard the boat at all times and be readily available for inspection by a law enforcement officer.

The Certificate of Number and validation sticker are good for one or three years - your option!

The DNREC will also issue a set of validation stickers which is valid for one or three years depending on the option of the owner. You must display your registration stickers and registration numbers (beginning with DE) on the forward half of your vessel well above the waterline where it can be easily read by law enforcement officials. Letters and numbers are to be block style of at least 3" tall and must be black or another color that contrasts with the hull. Letters and numbers are to read from left to right and have a space or hyphen to separate letter and numbers. The validation sticker must be affixed within six inches of and in-line with the registration letters and numbers. Expired stickers must be removed or covered by the new sticker.

Laws for Required Wearing of PFDs :

In addition to the federal PFD carriage requirements, Delaware has the following requirements for wearing a PFD:

Children 12 and under must wear a PFD while boating

Additional Equipment Requirements:

As long as the minimum federal equipment requirements are met, some states may require additional safety gear to be carried aboard. At this time, Delaware does not require any specific additional safety equipment, but the following are some recommended items:

Recommended Additional Safety Equipment!

• Compass and charts
• Marine VHF radio
• Anchoring equipment
• Bailing device
• Spare parts & tools
• Extra starting battery
• Oars or paddles
• Flashlight

PWCs are boats too, and must follow all equipment requirements for a Class A Vessel.

Mufflers and Noise Levels:

An effective muffling system should be in place for the exhaust of each engine and may not be altered if the end result is that it makes overall engine operation louder.

In general, do not modify your factory exhaust if the result makes it louder!

Loud boat noise not only bothers other operators and users of the waterways, it can also disrupt peace ashore because of sound's ability to travel great distances over water. Excessive noise can also prevent a boat operator from hearing other boats' sound signals and warnings and can prevent you from hearing approaching law or rescue personnel.

Requirements for Waste, Oil and Garbage Disposal:

• Federal regulations and equipment standards established jointly by the Federal Environmental Protection Agency and the U.S. Coast Guard govern the uses of marine sanitation devices (MSDs).
• All boats that have on-board toilet facilities must have a method to collect and contain all waste products, preventing it from entering surrounding waters. It is illegal to discharge sewage, treated or untreated, or any waste derived from sewage, into any water in the state of Delaware.

All installed MSDs must be US Coast Guard certified
and have a “Y” valve in proper positioning!

• Discharge of inadequately treated or untreated sewage within three miles of Delaware's coastal waters is prohibited. All vessels with an operable toilet must have a properly functioning MSD.
• Type I and II MSDs must have a “Y” valve secured to allow for waste to enter a proper on board holding tank for future drainage at a pump-out station.
• Type III MSDs will typically have a built-in holding tank with no external plumbing and cannot be pumped overboard. Type III MSDs must be pumped ashore at a proper facility.

It is illegal to dump oil or garbage into any Delaware state waters!

• Discharge of fuel, oil or any oil product, including contaminated bilge water, is strictly prohibited. All boats 26 feet or longer must properly display a 5x8 inch Oily Waste Discharge placard near the bilge pump switch.
• All boats 26 feet or longer, when operating in waters under federal jurisdiction, must display an informational placard on the subject of federal marine pollution prevention laws. The placard must be 4x9 inches and placed in a location where crew and passengers can read it.

Mandatory Education and Age Requirements:

• All operators born on or after January 1, 1978, must have completed a boating course approved by the DNREC. Proof of boater education is required to be carried aboard during operation.
• No one under the age of 14 may operate a PWC under any conditions. A person 14 or 15 years of age, in possession of a boating safety certificate may operate a PWC only if under direct adult supervision. Those operators 16 years of age or older, who hold a boating safety certificate, may operate a PWC without restrictions.

Reckless & Negligent Operation:

Boat operators must exercise the degree of care necessary to prevent endangering life, limb, or property. The boat operator in Delaware shall be legally responsible for injuries and damages to life, limb or property caused by their vessel or wake. Care shall be taken to operate any vessel so as not to bring harm to you, your passengers, and other boaters.

Some activities considered negligent or reckless operation in Mississippi:

• Speeding in no-wake zones or boating in areas marked as restricted.
• Failure to reduce speed in congested areas or narrow channels, or during times of restricted or obstructed visibility.
• Operating a vessel within swimming areas when bathers are present or operating in an area posted as closed due to hazardous conditions.
• Operating a vessel so as to impede the progress of another vessel and/or increase the risk of collision.
• Reckless operation of a ski boat, towing a water skier in a restricted area or where an obstruction exists.
• Allowing a passenger to ride on the gunwale, bow, transom or in any other position obviously dangerous.
• Loading a vessel beyond its safe carrying capacity or powering a vessel beyond its horsepower rating as indicated on the capacity plate or the manufacturer's specifications.
• Operation of a vessel or participation in towed water sports while under the influence of alcohol or drugs.

Additional laws that apply to personal watercraft (PWC):

• Jumping the wake of another vessel within 100 feet of the other vessel is prohibited, or when visibility around such other vessel is obstructed.
• Following within 100 feet of a water skier is prohibited.
• A PWC may not be operated between sunset and sunrise unless it is properly equipped with navigational lights.
• All personal watercraft must be equipped with an emergency engine cut off lanyard that is properly attached to the operator during operation.
• When using your PWC for towed water sports, you must have a competent observer aboard, in addition to the operator, facing toward the person being towed. The PWC must be rated to carry the operator, observer, and the person being towed.
• Delaware has specified a speed limit of no greater than "headway speed" for PWCs operated within certain distances to shorelines, boat launching areas, bridges, persons in the water, anchored boats and other obstructions. Familiarize yourself with these laws and the bodies of water to which they apply before launching.

Boat Speed Limits:

Boat speed limits are regulated by law for certain areas and conditions. When no speed limit is posted, operate your boat at a safe speed so that it will not endanger others. Always keep a proper lookout and never load a boat with passengers or cargo beyond its safe carrying capacity. You are responsible for your wake!

• White buoys with red or orange markings and black letters will indicate speed limits and no-wake zones.
• When operating your boat in a no-wake zone if you cause damage to another person's boat or property, you are responsible. Proceed slowly in these areas.
• In times of restricted visibility such as in fog or stormy conditions or nighttime operation, you must be able to stop your vessel within a distance appropriate to the prevailing circumstances and conditions.
• At all times, operators must be prepared to avoid a collision and have engines ready for immediate maneuvering.
• It is illegal to operate your vessel at greater than no-wake speed while within 100 feet of a float, dock, launching ramp, swimmer in the water or marked swimming area, or anchored, moored or drifting vessels. You must reduce your speed to no-wake within 100 feet of any shoreline where no-wake signs have been posted by the DNREC.

Special Activities Restrictions and Considerations:

Many states regulate certain water sports activities such as waterskiing, diving and hunting from a vessel. For your safety, and for those who may be in the water, you should learn and abide by these special laws.

Special Activities, Restrictions & Requirements:

• Boaters (and PWC operators) engaged in towing a water skier or similar device must have a competent observer other than the boat operator observing the towed person(s). Towlines must not exceed 75 feet.
• Boat operators must not operate the craft as to endanger those being towed and must keep the vessel and skier at least 100 feet from any person in the water, a pier, dock, float, wharf, or vessel anchored or adrift, and 100 feet from all boat launching ramps.
• When towing a water skier or similar device behind a PWC, it must be rated for at least 3 people to accommodate the operator, observer and retrieved skier.
• When towing a person on water skis or similar device, the participant must wear a properly fitting U.S. Coast Guard Type I, II, III or V approved PFD.
• It is illegal to tow a skier or similar device between sunset and sunrise.
• Vessels engaged in scuba diving and snorkeling display a red and white diver down flag to mark their diving area. Other vessels should stay well clear of this area.
• Vessels engaged in diving activity and restricted in their ability to maneuver, must hoist a blue and white alfa flag when conducting operations in federal and international waters.

Operating Under the Influence

State Boating Under the Influence (BUI) laws are becoming more stringent. As on the roadways, on-water enforcement officers may administer sobriety tests and conduct a blood alcohol content (BAC) examination.

In Delaware:

• No person shall operate or have physical control of any vessel sailed, powered, or rowed, or operate personal watercraft, water skis or similar device while under the influence of alcohol or drugs.
• Boaters who have a BAC of 0.08% or greater are considered "under the influence".
• Any person who motors, sails, rows, commands, operates or has physical control of a vessel or boat underway on the waters of Delaware shall be deemed to have given consent for a chemical test.
• Those refusing a chemical test shall be prohibited from operating a vessel upon Delaware's waters for a period of one year. Refusal to submit to a chemical test for BAC may result in increased penalties upon conviction.
• Delaware law prescribes fines and jail times for those who violate state BUI laws.

Officer Authority, Compliance & Assistance

In Delaware, the DNREC Fish and Wildlife Enforcement Agents as well as state police officers in certain water bodies, have the authority to stop, halt or inspect vessels to enforce Delaware and federal boating laws. The United States Coast Guard also has enforcement authority on federally controlled waters.

In Delaware, DNREC agents have the authority to stop, halt or inspect vessels!

These officers also have the authority to terminate voyages, escort boaters ashore, or order boaters to the nearest moorage if an unsafe condition is found that cannot be corrected on the spot.

Boat operators must immediately yield and reduce speed when being overtaken, approached or directed by a law enforcement official. When operating in an area of law enforcement activity, you must reduce speed and give a wide berth until beyond the area of operation of the law enforcement vessel.

Accident Reporting Requirements

Anyone involved in a boating accident is required to stop and give assistance as long as it can be safely provided. If the accident results in injury requiring medical assistance, death or disappearance of anyone involved, or if property damage to vessel or other property exceeds $500, you must submit a casualty or accident report. If a person dies, is injured and requires medical treatment beyond first aid, authorities must be notified immediately and a written report must be submitted within 24 hours. A written report for all other accidents must be submitted within five days.

Each accident report must be in writing and submitted to the Boating Law Administrator, Department of Natural Resources and Environmental Control, Division of Fish and Wildlife, 89 Kings Highway, Dover, DE 19901. Accidents involving death, disappearance or personal injury must be reported to the Division of Fish and Wildlife Section by the quickest means available, (302)-739-4580 or 1-800-523-3336.

Other State Boating Laws

Often times counties, cities and districts within a state will have different, more restrictive laws. Boating laws are subject to change and it is your responsibility to be informed of the law as it applies to you and your on-water activities. To be absolutely certain about specific boating laws in your state it is wise to contact your state boating agency.

It is Your Responsibility – Be Informed!

We provide this information as a service and strive to keep this website up to date. Please let us know of any inconsistencies by bringing them to our attention at once at onlinecourse@boatus.com. Resources for these pages include state statutes, state web pages and state approved boating guides. BoatU.S. is not responsible for any misinterpretation of the law or any change in the law that is not adequately reflected in these pages. Damages as a result of failing to abide by stated law shall not be the responsibility of BoatU.S., BoatU.S. Foundation or its employees.

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