lencho
 New Member
 Posts:9

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| 23 Jul 2010 11:41 AM |
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I'm boating on Delaware river in the area between Philadelphia and Trenton. One shore is NJ, another is PA. I'm resident of PA, my boat is registered in PA, my son 15y.o. and I have PA issued PA Boat Safety Certificates. PA boat regulations said person over 12 y.o. with Boat Safety Certificate can operate boat without HP limitation in PA waters. NJ boat regulations allow to operate boat person over 16 with Boat Safety Certificate without HP limitation in NJ waters. Both, PA and NJ boat regulations mention PA or NJ waters. What waters is Delaware river are? Is it PA waters because I'm PA resident or PA waters propagate to the middle of river? Is it legal to operate boat by PA resident under 16 with PA Boat safety certificate in all parts of the river or only on the middle part from PA side?
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Gears Trusted Member / Recruiter/
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 Posts:3816

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| 23 Jul 2010 12:53 PM |
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You'll need to buy a chart to determine where the position of the dividing line. Additionally, since the body of water encompasses both states you will also have to adhere to all applicable federal boating laws. This link should help http://www.uscgboating.org/. |
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| "I was born in a barn and raised by Wolves. I'm not apologizing for anything." |
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lencho
 New Member
 Posts:9

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| 23 Jul 2010 02:17 PM |
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Thanks Gears! Did I understand correctly that in my case PA boating regulations will apply from PA shore to dividing line?
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Gears Trusted Member / Recruiter/
 Moderator
 Posts:3816

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| 23 Jul 2010 02:23 PM |
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I'm not versed in State Boating Laws. To get clarification on that you should contact the PA State Dept of Natural Resources. We run into the same gray area on the IL/IN border in Lake Michigan. |
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| "I was born in a barn and raised by Wolves. I'm not apologizing for anything." |
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lencho
 New Member
 Posts:9

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| 27 Jul 2010 08:48 AM |
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I think I found answer about minimal age for boat operation: 46 USC Sec. 8501 TITLE 46 - SHIPPING Subtitle II - Vessels and Seamen Part F - Manning of Vessels CHAPTER 85 - PILOTS Sec. 8501. State regulation of pilots (b) The master of a vessel entering or leaving a port on waters that are a boundary between 2 States, and that is required to have a pilot under this section, may employ a pilot licensed or authorized by the laws of either of the 2 States. Interestingly (and scary!) that trooper form NJ Marine Services Bureau answered me on my question: "you must obey the laws of both NJ and PA"
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Old Guard2 Trusted Member
 Moderator
 Posts:8528

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| 27 Jul 2010 09:35 AM |
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I'm not sure that is the correct answer to your situation... Piloting a ship is different then a day sailor. I would almost say keep looking through the regs or call the Sector in that area and ask one of the Coasties there. |
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| USCGC Seneca #1 :-) |
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Gears Trusted Member / Recruiter/
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 Posts:3816

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| 27 Jul 2010 09:46 AM |
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Old Guard is right. A ship's Pilot falls under a different set of rules. A teenager out boating for the day just needs to adhere to the State and Federal Regulations for general boating (i.e. age, life jackets, proper safety equipment, etc...) |
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| "I was born in a barn and raised by Wolves. I'm not apologizing for anything." |
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lencho
 New Member
 Posts:9

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| 27 Jul 2010 01:20 PM |
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It is getting more interesting. I've contacted NJ and PA regional Boating Law Administrators of National Association of State Boating Law Administrators ( http://nasbla.org). Here is PA answer (PA Fish & Boat Commission/PA USCGAUX): On the Delaware, PA and NJ reciprocate. Either state's regulations will for those boating on the Delaware. We will honor theirs and they will honor theirs. The Regs. are essentially the same, so there is not a wide gulf between us, only in the PE realm are there differences. Here is NJ answer (Marine Services Bureau): The Delaware River is joint juristdiction between NJ and PA; therefore, you must obey the laws of both NJ and PA. |
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Old Guard2 Trusted Member
 Moderator
 Posts:8528

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| 27 Jul 2010 01:40 PM |
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There is your answer... It must be legal in both states. So if it is legal in NJ, it is legal in PA; if it is legal in PA, it is legal in NJ. I would assume that to mean if NJ laws are tougher, they trump PA; if PA is tougher, they trump NJ. At 15, I wouldn't allow him to navigate in the Delaware, if you get stopped by NJ, you could be in trouble. Go somewhere that it is not a shared waterway and let him have a blast otherwise wait until he is 16. |
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| USCGC Seneca #1 :-) |
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lencho
 New Member
 Posts:9

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| 27 Jul 2010 01:59 PM |
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On Delaware is is unfortunately for PA residents. All of NJ boating regulations are tougher. We can't enjoy our liberal boating law there  |
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lencho
 New Member
 Posts:9

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| 28 Jul 2010 10:47 AM |
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Yet another interesting reply to my question from NJ Marine Services Bureau: The Delaware River is considered Common Highway. As a resident of Pennsylvania operating on the Delaware you are to follow Pennsylvania Law.
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lencho
 New Member
 Posts:9

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Gears Trusted Member / Recruiter/
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 Posts:3816

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| 28 Jul 2010 08:26 PM |
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Lencho, The more you research and try to find a clear answer to a very simple question the more I want to feed lawyers to starving tigers. |
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| "I was born in a barn and raised by Wolves. I'm not apologizing for anything." |
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Old Guard2 Trusted Member
 Moderator
 Posts:8528

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| 28 Jul 2010 10:15 PM |
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This is one of those situations where you can ask the same question to 12 people and probably get 10.5 different answers. Your choice is simple... let him day sail the boat & pay the penatly should it be wrong or do not yet allow him to sail the boat & know there will be no penalty should you get stopped for something. I don't know if you are encouraging him to sail in the hopes of him possibly joining our fine CG service in the future... however, if you are, I recommend you go with option 2. Tickets & criminal background checks are done for enlistment. I would hate for all of this debate to be taking place, he navigates into questionable territory & then come 3 years from now a recruiter finds some sort of navigable waterway citation & his chances at the CG diminsh to nil. Just a thought, the decisions are of course yours. Best of luck. |
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| USCGC Seneca #1 :-) |
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lencho
 New Member
 Posts:9

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| 29 Jul 2010 09:02 PM |
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Further investigation results. Director of Bureau of Boating and Access, Pennsylvania Fish & Boat Commission replies: New Jersey and Pennsylvania have joint jurisdiction on the Delaware River and have an agreement in regard to law enforcement of boating regulations. In instances where there are different or conflicting regulations when you are boating on the Delaware River, as a PA resident you will be held to PA’s requirements. If at all possible, it’s in your best interest to launch your boat from a Pennsylvania launch as this helps to alleviate further confusion about which states’ regulations apply. Regional Outreach and Education Coordinator, Southeast Region, PA Fish & Boat Commission replies: As long as you are launching from Pennsylvania with valid PA registration and you are a resident of PA, you abide by the PA fishing and boating regulations while on any portion of the Delaware River. This does not mean that you can legally navigate into a tributary of the Delaware River that is in NJ and abide by PA regulations. So, I enjoy PA liberal law on Delaware river. My 15 y.o. son operates my boat and I tow a skier with 80ft rope, 5 ft longer then NJ residents are allowed. Any citation given to me by under-qualified NJ trooper I will beat in the court. Woo-hah!!! |
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Old Guard2 Trusted Member
 Moderator
 Posts:8528

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| 29 Jul 2010 09:37 PM |
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Ummm, there are several of us on this board from NJ, while we have our faults, we respect our troopers and the laws. I'll be leaving this conversation now. |
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| USCGC Seneca #1 :-) |
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lencho
 New Member
 Posts:9

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| 30 Jul 2010 09:45 AM |
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Old Guard, I do respect troopers as well. But I do respect obey law made by people, not individual troopers. Little trooper's mistake can cause other people a lots of troubles. And I'm really not happy with that. I think problem itself in boating regulations of individual states and boating safety education programs. Many states have shared waters and different boating regulations. Information I was looking for should be readably available for everyone. Including troopers.
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