Statement
of
Bill Gossard
National Transportation Safety Board
before the Massachusetts Joint Committee on Public Safety and Homeland Security
on Mandatory Recreational Boating Safety Education
Boston, MA
July 28, 2009
Good afternoon, Chairman Costello and Chairman Timilty and members of the Committee. It is a pleasure to be here once again in Boston to discuss the National Transportation Safety Board’s studies on recreational boating safety and our recommendations to the Commonwealth of Massachusetts and other States regarding boater safety education.
The National Transportation Safety Board is an independent Federal agency charged by Congress to investigate transportation accidents, determine their probable cause, and make recommendations to prevent their recurrence.
Recreational boating fatalities are very high, even exceeding fatalities in general aviation accidents. In 2007, the States reported to the U.S. Coast Guard that 685 persons were killed and 3,673 persons were seriously injured in boating accidents in this country. Of the 685 fatalities, over two-thirds drowned and about ninety percent were not wearing life jackets. There were 9 boating deaths in Massachusetts in 2007. In the past 5 years (2003-2007), there have been 45 deaths on the Commonwealth’s waters reported to the Coast Guard (8 in 2003; 9 in 2004; 9 in 2005; 10 in 2006; and 9 in 2007). Massachusetts’ accident, injury, and fatalities have been very consistent for the past five years.
Other information indicates that recreational boating injuries are even higher than the numbers reported to the United States Coast Guard. Information from an American Red Cross survey indicates that more than 355,000 persons are injured from recreational boating accidents annually, and more than 40 percent of these injuries require medical treatment beyond first aid. A study by the Centers for Disease Control, released in 1997, found that as many as 32,000 injuries from personal watercraft alone required medical treatment.
As a result of its concern regarding the number of boating deaths and injuries, and the prospect for increases in these numbers, the Safety Board in 1993 conducted a study of recreational boating accidents and their causes. The Board reviewed information on 407 fatal recreational boating accidents that killed 478 persons, which occurred in 18 States in 1991. This represented about 52 percent of the fatal accidents and deaths in that year.
The Safety Board also reviewed safety studies performed by other organizations and data from the Coast Guard. Further, the Board conducted detailed investigations of three recreational boating accidents in 1992 in which a total of 13 persons died, including 4 children and 2 teenagers.
Before proceeding with the study findings and recommendations, let me share with you one of the recreational boating accidents we investigated.
About 2:00 p.m. on a Friday afternoon, 2 adult males, one adult female, and 5 children (ages 18 months to 9 years of age) departed a California marina in a 15-foot-long open boat powered by a 70-horsepower outboard motor. The marina operator observed the boating party departing the marina and recalled that the party purchased gas, food, and drinks, including a six-pack of beer.
The 10-mile trip across San Pablo Bay to an island was uneventful. About 5:30 p.m., the boating party departed the island. On the return trip, the boat was heading into the wind and waves, and the trip was rougher than the earlier crossing.
As the boat neared the entrance channel to the river leading back to the marina, the outboard motor stopped because the primary fuel tank ran dry. The fuel line was connected to the reserve tank, but efforts to restart the motor were unsuccessful. With the boat drifting and rolling in choppy waters, one of the adult males moved to the back of the boat to try and remedy the situation, and the stern of the vessel began to sink. The five children were wearing personal flotation devices; the three adults retrieved theirs from a forward locker before the bow went under water.
About 6:00 a.m. the following day, a local fisherman spotted the adult female drifting near the river’s entrance about 1 mile from where the boat had sunk. She was rescued, and the Coast Guard was notified. Based on her report, a full-scale search was initiated. By mid-morning, an additional survivor (the 9-year old child) was found, along with the bodies of the other four children and one adult male. All were about 5 miles from the accident site. The surviving child was treated for hypothermia.
A toxicological test of the adult male, who was the boat operator and owner, revealed a blood alcohol concentration of 0.11 percent. The other adult male was never found.
Family members indicated that the boat operator’s prior boat usage had been limited to fresh water lakes and rivers. He had no experience under the conditions encountered on the day of the accident, nor was there any record that he had taken any training courses related to boating safety.
The lack of boat operator proficiency evidenced in this accident is typical of the accidents examined for our recreational boating study.
The accident data and case studies examined throughout the study repeatedly suggested that the individuals involved in fatal boating accidents, regardless of their level of experience, operated their vessels in a manner inconsistent with a basic knowledge of the “rules of the road,” an understanding of safe boating practices, and proficiency in operating skills.
Unlike general aviation and other motor vehicle operations, an operator of a recreational boat is not required to demonstrate an understanding of safe boating rules or an ability to safely operate the boat. In fact, about 81 percent of recreational boat operators in the study sample, for which information was available, had not taken any type of boating education course. Further, the report estimated that perhaps as few as 7 percent, and certainly no more than 22 percent, of first-time boat operators would have taken some type of voluntary boating safety course.
In 1994, Alabama became the first State to enact a comprehensive operator licensing requirement. The Alabama Boat Safety Reform Act provides for a boating safety examination and an endorsement on the State’s vehicle driver’s license. Connecticut requires that every boat operator in the State complete boating safety education and carry a boating education certificate. In addition, personal watercraft operators must complete additional training and have an endorsement to operate in Connecticut.
At least 37 States, the District of Columbia, the United State Virgin Islands, and Puerto Rico have enacted legislation that establishes an education requirement before a person is permitted to operate a recreational boat. Many of new laws are implemented using what is termed a “quick phase-in” generally over a number of years (6-12) in order to make it easier for boaters to comply or a born after date. In each of these States, a boat operator is issued a certificate that must be made available for review by a law enforcement officer. The certificate and boating privileges cannot be taken away – it is not an operator license
The experience of other States has shown that mandatory boater education requirements can make a difference. Let me share three States’ success stories:
Connecticut – A mandatory education requirement was phased in beginning in 1993. All boaters now have completed a boating safety education course. In 1996, Connecticut boating officials reviewed their accident experience and reported that uneducated boaters had five times more accidents than did educated boaters in 1996. Recent data indicates that Connecticut has reduced its fatalities by 50 percent.
Alabama – Alabama unlike other States has a full operator license with a testing requirement. Boat operators could test out and receive a license; however, many applicants failed the test and have had to take a boating education course. Most boaters in Alabama opted to take a boating safety course. The results of Alabama’s education and license initiative have seen fatalities reduced by 40 percent over the past 5 years. The program includes all recreational boat operators. Alabama officials report that boating education which 95 percent of Alabama’s boaters have completed have made a difference in their fatality numbers.
Oregon – Oregon, one of the States, who implemented a “quick phase-in” of seven years from 2002 to 2009, is now reporting that there has been a sharp decline in the number of accidents reported in their State from around 100 in 1999 to about 65 in 2007. Oregon also indicates that it has completed boater education requirements for 200,000 of its estimated 250,000 boater population. Compliance to meet the education requirements by its boater population, Oregon, indicates has been outstanding.
In Massachusetts, as well as other states without an education requirement, and by this we mean a program that will address all boaters not just children, any boat operator can rent or buy a vessel that can operate at speeds in excess of 70 miles per hour without demonstrating knowledge of basic safety rules or skills in operating these sophisticated vessels. Although there are some boating advocates who would argue that most boaters would not attempt to operate such high-powered vessels without having received proper safety education training and demonstrated an ability to operate these vessels, the Safety Board has seen the results of operators without boating education repeatedly involved in serious and fatal accidents due to operator inattention and inexperience, as well as reckless operation generally involving high speed. These safety concerns are addressed in all basic boating safety courses. We are concerned that the option not to complete basic boating safety education even exists at all.
Therefore, the Safety Board recommended in 1993 that the States implement a program of minimum boating safety standards to reduce the number and severity of accidents. Such a program should include the requirements for recreational boat operators to demonstrate knowledge of safe boating rules and an ability to safely operate his/her vessel. While successful completion of a course indicates that a person has knowledge of basic boating safety rules, it does not indicate that the boater has demonstrated an ability to operate a vessel.
In 1998, the Safety Board completed a safety study that reviewed personal watercraft accidents. The results from this study were similar to those of the 1993 study. The Safety Board’s analysis of the 1997 State boating accident reports showed that 87 percent of personal watercraft operators for which information were available had received no boating safety instruction. A supplemental Safety Board questionnaire submitted by the 49 States that participated in this study indicated a similar proportion: 84 percent of those involved in accidents had completed no type of boating instruction. Further review of Coast Guard boating statistics for the years 1991 through 1996 found that only 85 percent of boat operators involved in fatal boating accidents for which information was available had not had any type of boating instruction. In the most recent years, the United States Coast Guard indicates that approximately 70 percent of all boating fatalities occurred on vessels where the operator had not completed a boating safety education course.
In August 2004, the Safety Board called for a public forum on the issue of the wearing of personal flotation devices (lifejackets). Sixteen major boating organizations representing all facets of the industry participated. One of the strong messages the Safety Board received from this forum was the need for mandatory education programs. Therefore, we believe that the industry, as a whole, is in agreement with the need for sound boating education is initiated at the State level.
Recreational boating accidents, injuries and deaths will remain a serious problem unless comprehensive steps are taken to reduce the death and injury toll. The National Transportation Safety Board supports establishing a boating safety education testing regimen for all recreational boaters as a part of Massachusetts’ boating safety program. The Safety Board considers recreational boating and the issue of the need for recreational boating education so important that we continue to include this issue on our 2009 “Most Wanted” transportation safety improvements list as one of the areas where critical changes are needed to reduce unnecessary loss of life. I have provided to each Committee member, a copy of the Board’s abstract on the “Most Wanted” safety issues, and a “Safety Alert” on recreational boating safety.
The Safety Board is pleased to support House Bill 2244 (sponsored by Representative Paul Kujawski (D-8th Worcester), an initiative to require a stronger mandatory boating education program in Massachusetts. We would like to remove the Commonwealth from our MOST WANTED safety improvements list as successfully enacting legislation addressing boating safety education. That’s why I am here today, seeking your Committee’s support to move House Bill 2244 forward. This legislation will go further than present law to ensure that the citizens of Massachusetts will be better informed of safety requirements while boating on Commonwealth waters either inland or along the coastline. Action by the Massachusetts General Court enacting this law will reduce the number of accidents resulting in injuries and the loss of life of citizens boating on the Commonwealth’s waters. Additionally, this legislation, as in other States, may include environmental and homeland security concerns so that as many boaters as possible can have up-to-date information in these sensitive areas.
Currently, this information is not readily available to most boaters as there is no requirement for them to be educated in areas of safety, homeland security, and the environment.
Thank you for providing the National Transportation Safety Board an opportunity to speak about this important safety initiative. I would be happy to answer any questions you may have and even more importantly, to hear your views on this important legislation.
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