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Lawmakers Sink Legislation on Life Jackets, Boat Speed Limits

June 24, 2009 - AUGUSTA -- Politics is probably the last thing most people want to think about when they're enjoying time on their boats. In fact, some people consider politics, like religion and money, to be a sticky topic when it comes to polite conversation, regardless of the setting.

But boaters would be wise to pay attention to what their elected officials are doing. Maine's Legislature, due to complete its session this week, spent plenty of time considering bills that could have a significant effect on the boating public.

As is often the case, you win some and you lose some.

One victory: A unanimous "Ought Not To Pass" recommendation from the Committee on Inland Fisheries and Wildlife on "An Act To Save Lives on Maine Waters."

While the bill title certainly sounded friendly enough, the text of the measure was troubling. It would have made it mandatory that everyone in a watercraft wear a personal flotation device, or PFD. Oddly enough, the only exceptions would have applied to children paddling canoes at certain summer camps and log rafts carrying no more than two people.

Few will argue that wearing a life jacket is one of the best ways to survive an unexpected fall overboard, and their use makes lots of sense in high-risk situations like offshore, solo, or nighttime operation or during bad weather.

But the idea of making them mandatory doesn't set well with most boaters. Should we really have to don a PFD when poking along on flat seas and a dying breeze on a hot summer day?

Even more troubling was that the bill made no mention of whether they would still be required once a boat was tied up to a mooring, or if the boat's occupants retreated from the deck to the cabin. The bill gave some boaters visions of having to sleep with their life jackets on.

Legislators, including the bill's sponsor, Rep. Thom Watson of Bath, received more than a few calls, letters, and e-mail messages in protest. Watson's response to me was that the bill as drafted was much broader than he had intended. He added that his main concern is kayakers, after hearing of several fatalities over the past year. So if you paddle a kayak, you might want to be watchful next session to see if Watson floats a more targeted piece of legislation.

BOATING SAFETY LEGISLATION

Another of Watson's bills, "An Act To Require Boating Safety Education," was withdrawn, but whether that should be considered a victory is a matter of opinion. As much as we all dislike government intrusion into our lives, there are plenty of boaters out there who need to be educated.

The bill would have required boating safety education for all motorboat users in the state, phasing in implementation by age group, with full compliance by 2017.

What eventually passed on the boater education front was a resolve directing the Department of Inland Fisheries and Wildlife to develop a watercraft safety education plan in consultation with stakeholders and interested parties. IF&W must report back to the committee by Jan. 5.

SPEED LIMITS DEFEATED

Legislators defeated a proposal to impose speed limits – 45 miles per hour during daylight hours, and 25 miles per hour at night – on Long Lake and Brandy Pond. The bill had been submitted after a tragic nighttime crash on Long Lake that took the lives of two Maine residents and eventually landed a Massachusetts man in prison after his conviction on two counts of aggravated operating under the influence.

Legislation doesn't need to be directly aimed at boaters to have an impact on them. "An Act To Implement Tax Relief and Tax Reform" just completed a whirlwind trip from the governor's office through the Legislature, and back to the governor for his signature.

While it lowers the maximum income tax rate, it also expands the 5 percent sales tax to more goods and services. The expanded sales tax would apply to "amusement, entertainment and recreational" services, including tickets to boat shows; "installation, repair, and maintenance services," like boat repairs; and "personal property services," including your boat's mooring.

So while boaters can still enjoy some of our personal freedoms, we'll have to dig a little deeper into our pockets to enjoy our lifestyle. And all of us should pay attention and be ready to contact our legislators when they consider proposals that are unduly burdensome.

Boaters are an easy target for new taxes and fees because a lot of people think owning a boat means we must have high incomes. Truth be told, most of us make a lot of sacrifices to support the lifestyle, and we don't deserve extra taxes and fees any more than most other folks.

GAIL RICE, Portland Press Herald, June 18, 2009


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