Does the US Coast Guard have the authority to stop, search or do a "routine"
safety check on a vessel of US registry or US state registration fully
within US waters and obviously not suited for long offshore travel without
cause?

I am not asking because of anything that has happened. I have never been
stopped or checked by the US Coast Guard in freshwater or sal****er. I am
just curious about their legal authority.

The vehicle in question would currently be being operated in a safe and
legal manner following navigation guides, traveling at legal speeds, and
being operated in a courteous manner to other craft. All registration
numbers being current and properly displayed and lights being in full
correct operation or not required if during daylight hours.

The reason I ask is because I have a small craft I was thinking of using to
do some bay fishing. I bought it as a shell and rigged it out as a bass
boat. I wired it, installed the outboard, and otherwise rigged the boat
myself. I am confident that the basic stuff is all done correctly, but I
would hate to get hassled and cited because I used an automotive fuel line
(which I didn't) or something like that.

I am very careful to try and meet the appropriate safety regulations, and I
have only ever had a safety check done on one of my boats once in the past.
An Imperial County Sheriff's Deputy stopped me for violating a speed reg on
the Colorado River. I argued the reg was not properly posted and
un-enforcable. He decided to do a complete safety check and not cite me
for the speed violation. Obviously he felt I had a case, but he wasn't
going to let me go without citing me for something.

I have had my fishing license checked many times while fishing, but I have
never had game officials do this. I have heard the Coast Guard can be anal
rententive about things. I hope to avoid that type of experience. I do
have all required safety gear, and my craft is rigged correctly to the best
of my knowledge. I have read several more recent publications on safe boat
operation, and I took a small craft certification course with the Coast
Guard Auxilary about 25 years ago.

Anyway, I take all appropriate steps with my craft to avoid violations, but
I am curious about the legal authority and circumstances I may run into.


--
Bob La Londe
http://www.YumaBassMan.com

Yes, they can board you at any time.

And for any reason, probable cause NOT required.

1. Authority? Yes, they call it a "Safety Inspection". Actually those High
School grads have Federal powers of arrest, same as a FBI Agent.
2. Technical knowledge to determine the manufacturers intended use for your
fuel line? Not! The ones I've had contact wouldn't notice if your outboard
was mounted upside down and on the wrong end of the boat.
3. Anal retentive? A friend was boarded while cruising the Carib and had to
wait topside while his boat was trashed, when he went to survey the damage
and restow just about everything he found the Coasties had emptied all but
one round from his revolver and hid the rounds. Didn't make much sense to
him either.
During the "Inspection" the Coasties found unpainted fiberglass on the
inside of the hull in the bilge and wanted to drill a hole to see if he was
stashing something. My friend asked that if they wanted to drill holes in
his boat, please do it above the waterline (should be under 2. I suppose).

"Bob La Londe" wrote in message
...
Does the US Coast Guard have the authority to stop, search or do a
"routine" safety check on a vessel of US registry or US state registration
fully within US waters and obviously not suited for long offshore travel
without cause?

I am not asking because of anything that has happened. I have never been
stopped or checked by the US Coast Guard in freshwater or sal****er. I am
just curious about their legal authority.

The vehicle in question would currently be being operated in a safe and
legal manner following navigation guides, traveling at legal speeds, and
being operated in a courteous manner to other craft. All registration
numbers being current and properly displayed and lights being in full
correct operation or not required if during daylight hours.

The reason I ask is because I have a small craft I was thinking of using
to do some bay fishing. I bought it as a shell and rigged it out as a
bass boat. I wired it, installed the outboard, and otherwise rigged the
boat myself. I am confident that the basic stuff is all done correctly,
but I would hate to get hassled and cited because I used an automotive
fuel line (which I didn't) or something like that.

I am very careful to try and meet the appropriate safety regulations, and
I have only ever had a safety check done on one of my boats once in the
past. An Imperial County Sheriff's Deputy stopped me for violating a speed
reg on the Colorado River. I argued the reg was not properly posted and
un-enforcable. He decided to do a complete safety check and not cite me
for the speed violation. Obviously he felt I had a case, but he wasn't
going to let me go without citing me for something.

I have had my fishing license checked many times while fishing, but I have
never had game officials do this. I have heard the Coast Guard can be
anal rententive about things. I hope to avoid that type of experience. I
do have all required safety gear, and my craft is rigged correctly to the
best of my knowledge. I have read several more recent publications on
safe boat operation, and I took a small craft certification course with
the Coast Guard Auxilary about 25 years ago.

Anyway, I take all appropriate steps with my craft to avoid violations,
but I am curious about the legal authority and circumstances I may run
into.


--
Bob La Londe
http://www.YumaBassMan.com

"Bob La Londe" wrote in
:

Does the US Coast Guard have the authority to stop, search or do a
"routine" safety check on a vessel of US registry or US state
registration fully within US waters and obviously not suited for long
offshore travel without cause?


Absolutely....ad nauseum! On my little jetboat, it wasn't unusual to have
my fire extinguisher "inspected" 3, 4 or 5 times on a Saturday...even with
the USCG Auxiliary's seal-of-approval prominently displayed on the side!
It meant nothing to the CG crews, Dept of Natural Resources swat teams in
the camo boats in their flak jackets and Army greens, City cops guarding
the no wake zones, County cops guarding nothing in particular.

I used to tell people I drove and "inspected vessel" because my boat was
inspected far more often than that silly little cruise ship at Union
Pier...(c;

They can't haul your ass over in your car on I-26 without justifiable cause
or there's big trouble. But, they can haul your ass over and tear apart
your boat any ol' time they get a hankerin' to! Nothing on the water is
"illegal search and seizure" any more...even before 9/11/01.

--
Larry

You know you've had a rough night when you wake up and you're outlined in
chalk.

In article ,
Larry W4CSC wrote:

"Bob La Londe" wrote in
:

Does the US Coast Guard have the authority to stop, search or do a
"routine" safety check on a vessel of US registry or US state
registration fully within US waters and obviously not suited for long
offshore travel without cause?


Absolutely....ad nauseum! On my little jetboat, it wasn't unusual to have
my fire extinguisher "inspected" 3, 4 or 5 times on a Saturday...even with
the USCG Auxiliary's seal-of-approval prominently displayed on the side!
It meant nothing to the CG crews, Dept of Natural Resources swat teams in
the camo boats in their flak jackets and Army greens, City cops guarding
the no wake zones, County cops guarding nothing in particular.

I used to tell people I drove and "inspected vessel" because my boat was
inspected far more often than that silly little cruise ship at Union
Pier...(c;

They can't haul your ass over in your car on I-26 without justifiable cause
or there's big trouble. But, they can haul your ass over and tear apart
your boat any ol' time they get a hankerin' to! Nothing on the water is
"illegal search and seizure" any more...even before 9/11/01.

You can sue them for damages, and it actually has been done. Usually if
they were very destructive, and nothing was found, they settle "Out of
Court" because the US Attorney doesn't want his forth coming "Political
Career" tarnished by some "Way Overboard Coastie" screwing the pouch.
Also the District Admiral doesn't want to smear his "Command" with
incidents of BAD PR, from such public outcries, of some "Overzellious
Junior Officer". Every group has it's Rambo's...but in the Military
they get stomped on fast if the don't make the case..... Just remeber
that this all takes place After the Fact... and after a whole lot of BAD
Press....

Me

On Fri, 24 Jun 2005 22:11:58 -0400, Larry W4CSC
wrote:



They can't haul your ass over in your car on I-26 without justifiable cause
or there's big trouble. But, they can haul your ass over and tear apart
your boat any ol' time they get a hankerin' to! Nothing on the water is
"illegal search and seizure" any more...even before 9/11/01.

Hi,
A question.

I am sailing to the east coast of the US early next year after I cross
the Atlantic. I have a valid 10 year visa (we had to apply for one at
the Madrid US embassy even though if we fly in we get an automatic 3
month visa), and don't carry or use dope of any kind.

What concerns me about all of this is not the boarding by the US
Coastguard, but the stories of searches being done and damage caused
by the searchers. I have heard one where the tops of the water tanks
were cut open - and that in international waters. I can understand and
appreciate the need and benefit to stop foreign flagged yachts in
international waters due to the drug trade and don't mind at all being
searched. What I don't want is having to repair damage at my time and
expence.

Question: has anyone had any bad experience of this kind?

FWIW
When we arrived at the Customs wharf in Australia (well before 9/11),
there was a yacht moored to the wharf that had been stripped down
inside in an attempt to find illegal weapons and drugs. The yacht had
been intercepted after a tip that the owner was running guns. He
claims that he is a collector and that the box of hand grenades were
part of his collection. The case went to court. If he wins then
Customs has to make good the damage. If he loses, they don't. Is it
the same with the US Coastguard or any officials if they find that no
offence has been committed?

Another point, as a New Zealand registered yacht we cannot be boarded
by any other officials than Customs or Quarantine ones in Australian
ports (excepting police if we are commiting a crime) as we come under
Customs control. I believe that this is part of international law but
I may stand to be corrected.

Everywhere we have been stopped by coastguards or other officials in
the world so far they have always asked first (politely) if they can
come aboard.

I think you are seeing our ingrained resentment as US citizens to exceptions
to our rights to privacy. The USCG may inspect your boat but unless you are
transporting something that might be perceived as a threat you have nothing
to worry about. A case of hand grenades would definitely qualify as a
perceived threat.

Since the Bahamas raised their crusing fees we have been routing through the
Old Bahama channel on deliveries. Being so close to the Dubyas dreaded Cuba
we get boarded 1 or 2 times every trip. The Coasties have always been very
professional and have been very careful not to do any damage.

Where it gets kind of outrageous is in some Florida waters where everyone
from the county deputies to game wardens think they have supreme powers.

--
Glenn Ashmore

I'm building a 45' cutter in strip/composite. Watch my progress (or lack
there of) at: http://www.rutuonline.com
Shameless Commercial Division: http://www.spade-anchor-us.com

"Peter Hendra" wrote in message
...
On Fri, 24 Jun 2005 22:11:58 -0400, Larry W4CSC
wrote:



They can't haul your ass over in your car on I-26 without justifiable
cause
or there's big trouble. But, they can haul your ass over and tear apart
your boat any ol' time they get a hankerin' to! Nothing on the water is
"illegal search and seizure" any more...even before 9/11/01.

Hi,
A question.

I am sailing to the east coast of the US early next year after I cross
the Atlantic. I have a valid 10 year visa (we had to apply for one at
the Madrid US embassy even though if we fly in we get an automatic 3
month visa), and don't carry or use dope of any kind.

What concerns me about all of this is not the boarding by the US
Coastguard, but the stories of searches being done and damage caused
by the searchers. I have heard one where the tops of the water tanks
were cut open - and that in international waters. I can understand and
appreciate the need and benefit to stop foreign flagged yachts in
international waters due to the drug trade and don't mind at all being
searched. What I don't want is having to repair damage at my time and
expence.

Question: has anyone had any bad experience of this kind?

FWIW
When we arrived at the Customs wharf in Australia (well before 9/11),
there was a yacht moored to the wharf that had been stripped down
inside in an attempt to find illegal weapons and drugs. The yacht had
been intercepted after a tip that the owner was running guns. He
claims that he is a collector and that the box of hand grenades were
part of his collection. The case went to court. If he wins then
Customs has to make good the damage. If he loses, they don't. Is it
the same with the US Coastguard or any officials if they find that no
offence has been committed?

Another point, as a New Zealand registered yacht we cannot be boarded
by any other officials than Customs or Quarantine ones in Australian
ports (excepting police if we are commiting a crime) as we come under
Customs control. I believe that this is part of international law but
I may stand to be corrected.

Everywhere we have been stopped by coastguards or other officials in
the world so far they have always asked first (politely) if they can
come aboard.

Glenn Ashmore wrote:


Where it gets kind of outrageous is in some Florida waters where everyone
from the county deputies to game wardens think they have supreme powers.


If you have a documented vessel, don't you tell these good ol' boys to
take a flying F**K at a rolling donut?

Lew

Lew Hodgett wrote in
ink.net:

If you have a documented vessel, don't you tell these good ol' boys to
take a flying F**K at a rolling donut?


You do that in Charleston Harbor and you'll find yourself in the Charleston
County Jail. Noone in law enforcement cares a damn about your documented
vessel or your big yacht. If it's cruising inside South Carolina, it's
subject to every little fiefdom in the place. I've been inspected 5 times
in one day by 4 different sets of bureaucracies....even in camo
flackjackets.

As a matter of fact, we have a law that says 1 mile to seaward is the
city's line in all waterways, even the Atlantic Ocean. Jetski riders are
WELL aware of this little poke of the stick. It is used to keep them off
the exclusive beaches of the waterfront mansions. Of course, there's a
little problem with that....There ARE no exclusive beaches in SC. They can
keep you from parking on their roadways with miles of no parking signs, but
the BEACH, on the other hand, is PUBLIC PROPERTY and they can do nothing to
stop you from pulling your boat up on it. The public's property line on
the beach is 100' up the beach from the high water mark, which puts their
house on the public property after a big storm...(c;

A condo owner called his local rent-a-cops on Kiawah Island's gated town to
run us off "his beach" when we pulled two jetboats up on it. The cop made
lots of noises until I asked him to write me up for it so I could sue the
town. He backed off when I handed him my waterproof laminated copy of SC
Code. He had no idea the law even existed. We stayed most of the day.



--
Larry

You know you've had a rough night when you wake up and you're outlined in
chalk.