State Law vs. Federal Law

Registration and Titling Requirements:

Boats operating or moored in Washington waters as their principal boating area must have a current Washington title, registration, and registration decals. The following are exceptions:

• Sailboats under 16 feet in length without a motor.
• Vessels that are propelled manually like canoes, kayaks, rowboats, and rafts.
• Vessels less than 16 feet in length with a motor of 10 horsepower (hp) or less if used only on non-federal waters.
• Vessels having valid registration in another state or country not remaining in Washington waters for over 60 consecutive days.
• Vessels properly documented with the U.S. Coast Guard must be registered in Washington, but do not have to display the registration number.

To obtain an application to title and register your vessel, you must contact the Washington Department of Licensing. Applications and fees must be submitted to your county auditor or vehicle licensing subagent. For more information, you may email titles@dol.wa.gov or call (360) 902-4089. Once in receipt of required information, fees and applicable taxes, you will be issued a Certificate of Registration. This must be kept aboard the boat at all times and be readily available for inspection by law enforcement personnel.

The Certificate of Registration and Registration Decals expire June 30th of each year!

You will also be issued a set of registration decals which are valid from July 1st to June 30th and must be renewed annually. You must display your registration stickers and registration numbers (beginning with WA) on the forward half of your vessel. Letters and numbers must be at least 3” tall in black or other contrasting color and affixed where it can be easily read by law enforcement officials. Letters must be separated from numbers by a space or a hyphen. Registration decals must be affixed inline and in close proximity to the registration number. The decals must be displayed aft of (toward the stern) of the registration numbers.

You will also be issued a Certificate of Title. This is your proof of ownership and should be kept in a safe place at home.

Laws for Required Wearing of PFDs :

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

• All children 12 years of age and under must wear a securely fastened U.S. Coast Guard approved PFD at all times when underway in a vessel less than 19 feet in length, unless in a fully enclosed area.
• Every person on board a personal watercraft (PWC) and any person being towed behind a vessel must wear a Coast Guard approved Type I, II, or III PFD. Ski belts do not meet this requirement and should be carried aboard as excess equipment only. Inflatable PFDs are not intended for use while participating in tow sports or other high impact sports. Type V life jackets must be used in accordance with their label.

Children 12 and under must wear a PFD on boats less than 19 feet while underway!

Additional Equipment Requirements:

Minimum federal equipment requirements must be met. However, some states may require additional safety gear to be carried aboard. Of particular note, Washington requires PWC operators to wear an engine cut-off lanyard (kill switch) that is securely fastened to the boat operator, if the PWC is so equipped. The law also requires vessels in engaged in towing a skier or similar device, that a “skier down” flag be aboard and used at the appropriate times.

The Department of Licensing issues Carbon Monoxide warning stickers. This sticker is required on all new & used motor boats excluding open motorboats with outboard engines or PWCs.

The following items are not required, but are recommended by the Washington State Parks & Recreation Commission:

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

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Aquatic Nuisance Species:

Aquatic Nuisance Species (ANS) are plants and animals that threaten the aquatic environment which is important to boaters. ANS are also called invasive species or non-native species.

Because ANS have no naturally occurring enemies that would keep them in check, these plants or animals can out compete and feed on native species. These species threaten the diversity or abundance of native species, the economic, agricultural and recreational activities that depend on our native species and water quality.

In the United States, of the 1009 species listed under the Endangered Species act, 42% are listed as a result of the deliberate or accidental introduction of non-native species into a new habitat. Both plants and animals are spread in a variety of ways, such as: commercial shipping ballast water; aquarium water disposed of incorrectly; plants from landscaping/nurseries; from hitchhiking on cargoes; and, transported by recreational boaters from one waterbody to another.

Washington State Invasive Species:

• Invasive Plants: Some plants that threaten marine and freshwater habitats in Washington include milfoil, purple loosestrife, hydrilla and spartina.
• Invasive Animals: Some animals that threaten marine and freshwater habitats in Washington include European green crab, Chinese mitten crab, Zebra mussels, New Zealand mud snails, sea squirts and Asian clams.
• A general list of what is prohibited in Washington is to be found at http://wdfw.wa.gov/fish/management/ans.html.

What You Can Do:

• Watch for information at launch sites about any known nuisance species currently found in the water body where you are boating for example spartina or milfoil. Before leaving the launch area, do a walk around inspection to see that all visible remnants of plant and animal materials are removed from your boat and trailer.
• Where available, pressure washing the hull and motor parts exposed to the water is advised. Note that some species especially zebra mussels get into tight areas and may be over looked.

Mufflers and Noise Levels:

An effective muffling system in good working order is required for each engine to prevent excessive noise. You may not alter or remove any part of your muffling system if the result is an increase in noise level. The use of cut-outs or other system that bypasses the muffler system is prohibited unless participating in a sanctioned marine event.

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

Washington has specifically defined acceptable noise levels. Motorboats must not exceed:

• A noise level of 90 decibels for engines manufactured before January 1, 1994 using a stationary test.
• A noise level of 88 decibels for engines manufactured on or after January 1, 1994 using a stationary test.
• A noise level of 75 decibels for all vessels regardless of year manufactured when measured from the shoreline.

Loud boat noise not only bothers other operators and users of the waterways, it is also can 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 boat’s sound signals and warnings, and law or rescue personnel.

Carbon Monoxide

Carbon monoxide has become an important issue for boaters. In Washington State there have been instances of CO exposure while boaters teak surfing or swim-step dragging, as well as with heaters and air conditioners being improperly vented causing fatalities.

Any new or used motor driven boat or vessel, other than open motorboats with outboard engines or a personal watercraft, sold within this state must display a carbon monoxide warning sticker on the interior of the vessel issued by the Department of Licensing.

Recommendations:

• It is highly recommended that enclosed passenger spaces on your motorboat have a carbon monoxide detector to prevent carbon monoxide poisoning.
• Do not allow anyone to sit on the rear swim step while the engine is running.
• Do not allow anyone to drag themselves by the swim step behind a boat with an engine running.
• Make sure that houseboats as well as cabin motorboats have adequate ventilation in the cabin compartment from exhaust given off by generators, heaters, and air conditioners.

Requirements for Waste Discharge:

• 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 onboard toilet facilities must have a method to collect and contain all waste products, preventing it from entering surrounding waters. Unless expressly permitted, it is illegal to discharge untreated sewage into the waters of Washington.
• 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 must be taken ashore for proper pump-out.

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

• 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.
• It is illegal to dump garbage and plastics into federally controlled or state waters. Additionally, 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.
• All boats 40 feet or longer operating more than 3 miles from shore that is equipped with a galley and berthing, must also carry a Waste Management Plan. This plan must outline procedures for proper marine pollution regulations for garbage management and designate a person in charge for carrying out this plan.

Age and Horsepower Restrictions:

Mandatory Boater Education

To operator a motor driven boat of 15 horsepower or greater, a person must be at least twelve years of age or older and complete a boating safety course that is accepted by both Washington State Parks and Recreation Commission.

Beginning January 1, 2008 and as phased in by age, boat operators 12 years of age or older, on boats with 15 HP or more, are required to have a Washington State issued Boater Education Card indicating that a boating safety education class or equivalency exam has been successfully completed by the card holder. By January 1, 2016, all boat operators meeting the requirements must have an education card.

Exemption: persons who have a U.S Coast Guard vessel operator's license, or persons visiting Washington State.

Mandatory boater safety education will be phased in as follows:

• January 1, 2008 – All boat operators twenty years old and younger;
• January 1, 2009 – All boat operators twenty-five years old and younger;
• January 1, 2010 – All boat operators thirty years old and younger;
• January 1, 2011 – All boat operators thirty-five years old and younger;
• January 1, 2012 – All boat operators forty years old and younger;
• January 1, 2013 – All boat operators fifty years old and younger;
• January 1, 2014 – All boat operators sixty years old and younger;
• January 1, 2015 – All boat operators who are required to have a card will be phased in.
• All boat operators born before 1/1/1955 will not be required to have a boat operator education card.

Age/Horsepower Restrictions

• No person under 12 years of age can operate a motorboat of 15 or more horsepower.
• Persons who do not have a boater education card and are 12 years of age or up can operate a vessel with more that 15 HP if accompanied by and under the direct supervision of a person 16 years of age who has a boater education card.

Boat Rental Requirements

• Beginning January 1, 2008, those operators who are required to have a boating education card and wanting to rent a vessel, must present the card to livery (rental) operators. If the person, required to have a boating education card, does not have a boating education card, the livery operator must complete an operation and safety checklist with the vessel renter prior to the renter being allowed to use the vessel on the water.

Reckless & Negligent Operation:

No person shall operate any vessel or manipulate water skis or similar towed devices in a reckless or negligent manner. The failure to exercise the degree of care necessary to prevent endangering life, limb, or property is considered reckless and negligent.

Some activities considered Negligent or Reckless Operation in Washington:

• Speeding in no-wake zones or boating in areas marked as restricted.
• Operating at excessive speed in congested areas and at times of restricted ability.
• Allowing a passenger to ride on the gunwale, bow, transom or in any other position obviously dangerous while underway may be considered negligent operation if the boat does not have adequate railings.
• Swerving at the last minute to avoid a collision or obstructing another boat from maneuvering or passing safely.
• Maneuvering your boat recklessly in the vicinity of other boaters, the shoreline, or those who are at anchor or are engaged in swimming, fishing or diving.
• Failing to keep a proper lookout or overpowering or overloading a vessel beyond the capacity plate rating.
• Chasing, harassing or disturbing wildlife.

Additional laws that apply to personal watercraft (PWC):

Boat Speed Limits:

Boat speed limits are regulated by law for certain areas and conditions. When no speed limit is posted, operate your boat so that it will not endanger others. When in doubt, proceed at a speed where the vessel does not produce a wake.

• White buoys with red markings and black letters will indicate speed limits and no wake zones.
• When operating your boat in a no-wake zone and cause damage to another person’s boat or property, you are responsible. Proceed slowly in these areas.
• In general, you must not operate you vessel so that it creates a hazardous situation for other boaters or has a damaging effect on the shoreline or shoreline features.
• In times of restricted visibility such as in fog, stormy conditions or nighttime operation, you should be able to stop your vessel within half the distance of forward visibility. At all times, operators must be prepared to avoid a collision and have engines ready for immediate maneuvering.

Special Activities Restrictions and Considerations:

Many states regulate certain activities that take place aboard such as waterskiing and diving. For your safety, and for those who may be in the water, you should abide by these special laws.

Special Activities, Restrictions & Requirements:

• When towing a a person water skiing, kneeboarding, or tubing behind a boat or a PWC you must have a competent observer other than the boat operator, to observe the person being towed while water skiing.
• The observer must be able to:
  • Continuously observe the skier
  • Inform the operator when the skier has fallen
  • The skier down flag is an orange or red flag that must be 12 inches by 12 inches and must on a pole of at least 24 inches long and visible from all directions. It must be raised whenever the person being towed is preparing to ski or after they have fallen.
• PWCs used for towing a skier or similar device must be rated for at least 3 persons to accommodate the driver, 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 approved PFD.
• You may not tow a water skier or similar device from one hour after sunset to one hour before sunrise.
• Vessels engaged in diving activity and are restricted in their ability to maneuver, must hoist a blue and white alfa flag that measures at least 3.3 feet high and visible in all directions when conducting operations in federal and international waters. At night, this flag should be illuminated.
• A divers down flag, which is red with a diagonal white stripe, may be used to indicate the presence of a submerged diver, but it is not required. The proper alfa flag, however, is required.
• Vessels not engaged in diving operations should stay at least 200 feet from either flag.

Operating Under the Influence

It is illegal to operate a motorboat or vessel while under the influence or drugs or alcohol. State Operating under the Influence (OUI) laws are becoming more stringent. As on the roadways, on-water enforcement officers may administer sobriety tests and conduct tests to determine alcohol content.

In Washington:

• No person shall operate any vessel or personal watercraft while under the influence of alcohol or drugs.
• Boaters who have a concentration of alcohol of 0.08% or greater determined by breath or blood are considered to be operating under the influence (OUI).
• Washington law prescribes fines, jail times, and loss of boat operating privileges for those who violate state BWI laws.

Officer Authority, Compliance & Assistance

In Washington, agents of the Washington State Parks & Wildlife Commission, city police officers, deputy sheriffs and all other law enforcement officers have the authority to stop and/or inspect vessels to enforce Washington and federal boating laws. The United States Coast Guard has enforcement authority on federally controlled waters.

AGFC officers the have the authority to stop and/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. It is illegal to refuse the direction of a person with law enforcement authority.

Boat operators must immediately yield and reduce speed when being overtaken, approached or directed by a law enforcement official operating a siren and/or displaying an illuminated blue light. 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 will not personally endanger the operator, passengers or vessel.
• If you witness or are involved in an accident, be prepared to give your name, address and Certificate of Registration information to others involved in the accident and those authorities investigating the accident.
• Any operator involved in a boating accident that involves death, disappearance, personal injury that requires treatment beyond first aid, or involves property damage in excess of $500 must complete and submit a written boating accident report.
• Boating accident report forms can be obtained from Washington State Parks & Recreation Commission or local marine law enforcement units.
• The boating accident report must be submitted to the law enforcement agency that has jurisdiction where the accident occurred. Reports must be submitted within 48 hours for accidents involving death, disappearance, or if someone requires medical attention beyond first aid. All other reports must be filed within 10 days.

Other State Boating Laws

Oftentimes 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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