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Change Is Coming: Mandatory Kill Switch Use

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Change Is Coming: Mandatory Kill Switch Use

Old 01-13-2021, 08:06 AM
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Default Change Is Coming: Mandatory Kill Switch Use

There was recent law passed that will require the wearing of an engine cut-off switch (ECOS). Outreach on the importance of the ECOS and this new requirement is important. Here is the text of the law, and as always, I'll keep you posted as we go along.

SEC. 8316. ENGINE CUT-OFF SWITCHES; USE REQUIREMENT.

(a) In General.--Section 4312 of title 46, United States Code, is

amended--

(1) by redesignating subsections (b), (c), and (d) as

subsections (c), (d), and (e), respectively; and

(2) by inserting after subsection (a) the following:

``(b) Use Requirement.--

``(1) In general.--An individual operating a covered

recreational vessel shall use an engine cut-off switch link while

operating on plane or above displacement speed.

``(2) Exceptions.--The requirement under paragraph (1) shall

not apply if--

``(A) the main helm of the covered vessel is installed

within an enclosed cabin; or

``(B) the vessel does not have an engine cut-off switch and

is not required to have one under subsection (a).''.

(b) Civil Penalty.--Section 4311 of title 46, United States Code,

is amended by--

(1) redesignating subsections (c), (d), (e), (f), and (g) as

subsections (d), (e), (f), (g), and (h), respectively; and

(2) inserting after subsection (b) the following:

``(c) A person violating section 4312(b) of this title is liable to

the United States Government for a civil penalty of not more than--

``(1) $100 for the first offense;

``(2) $250 for the second offense; and

``(3) $500 for any subsequent offense.''.

(c) Effective Date.--The amendments made in subsections (a) and (b)

shall take effect 90 days after the date of the enactment of this

section, unless the Commandant, prior to the date that is 90 days after

the date of the enactment of this section, determines that the use

requirement enacted in subsection (a) would not promote recreational

boating safety.

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01-13-2021, 08:10 AM
Texas 17
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What a crock sneaking that into a spending bill. Whether you like the change or hate the change you ought to hate the way it was done.

Wonder how much safety lobbying was paid for by the companies making wireless kill switches.
Old 01-13-2021, 08:08 AM
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Fell MOB Switch be acceptable? If not they need to amend it.
Old 01-13-2021, 08:10 AM
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What a crock sneaking that into a spending bill. Whether you like the change or hate the change you ought to hate the way it was done.

Wonder how much safety lobbying was paid for by the companies making wireless kill switches.
Old 01-13-2021, 08:10 AM
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I know one of the first questions is going to be "what is a covered vessel." I'll get the lay person's answer to that and do the reference chasing to get you the legal definition.
Old 01-13-2021, 08:14 AM
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Looks like my out is to remove my cut-off switch since it is not required per Section 4312 of title 46, United States Code as long as OAL is > 26 ft.
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Old 01-13-2021, 08:16 AM
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Yeah the covered vessel wording is a little strange. Honestly yes the way it was done is pretty shady but over all I’m not seeing the big deal. Never could understand people’s issue with wearing the kill switch lanyard, I mean your operating at speed I would assume you’re at the controls which are right by the kill switch. Not a fan of it being regulated or made a law, or money making scheme what ever you want to call it.
Old 01-13-2021, 08:18 AM
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covered recreational vessel

(1) Covered recreational vessel .— The term “covered recreational vessel” means a recreational vessel that is— (A) less than 26 feet overall in length; and (B) capable of developing 115 pounds or more of static thrust.

https://www.law.cornell.edu/uscode/text/46/4312
Old 01-13-2021, 08:31 AM
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Originally Posted by Simply Livin View Post
Fell MOB Switch be acceptable? If not they need to amend it.
Any of the electric or electronic devices will meet the requirement provided that they are serviceable.
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Old 01-13-2021, 08:31 AM
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This thread has the potential to be moved to the bilge very quickly.

Does anybody have any data on how many serious boating accidents or deaths are the result of people not using emergency kill switches? I always wear the switch when I am operating the boat by myself or with people incapable of operating the boat. I've also use the switch when trying to get back to the ramp when the weather turned really nasty and we were being tossed around by the waves.

Enforcement of this law is going to be near impossible unless personnel are using high-quality zoom cameras and catching people "in the act". With all of the lethal, illegal drugs entering the country, this doesn't seem like a very good use of limited enforcement resources.
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Old 01-13-2021, 08:31 AM
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Any idea who snuck that little gem in?
Old 01-13-2021, 08:32 AM
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Originally Posted by ChannelTwo View Post

covered recreational vessel

(1) Covered recreational vessel .— The term “covered recreational vessel” means a recreational vessel that is— (A) less than 26 feet overall in length; and (B) capable of developing 115 pounds or more of static thrust.

https://www.law.cornell.edu/uscode/text/46/4312

Thanks, I am multi-tasking this morning and hadn't had a chance to run that down.
Old 01-13-2021, 08:34 AM
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It's for your "safety"....as they always say.
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Old 01-13-2021, 08:34 AM
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Originally Posted by flyboycmsu View Post
Any idea who snuck that little gem in?
It has been waiting in the wings for several years. There was an effort to get it included in the 2018 Coast Guard Authorization Act. I don't know why it didn't make it then.
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Old 01-13-2021, 08:36 AM
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Originally Posted by ChannelTwo View Post

covered recreational vessel

(1) Covered recreational vessel .— The term “covered recreational vessel” means a recreational vessel that is— (A) less than 26 feet overall in length; and (B) capable of developing 115 pounds or more of static thrust.

https://www.law.cornell.edu/uscode/text/46/4312
So a jetski?
Old 01-13-2021, 08:37 AM
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So “use” is odd too.

i mean I use one, I have one. It doesn’t say it must be attached to the captain etc.

is this you must have a functioning kill switch, or you can be ticketed for not having it attached to your person?

what is the read on that USCG?
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Old 01-13-2021, 08:38 AM
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So does this mean I have to put a kill switch on my flats skiff?? Flame away.
Old 01-13-2021, 08:38 AM
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Originally Posted by Texas 17 View Post
What a crock sneaking that into a spending bill. Whether you like the change or hate the change you ought to hate the way it was done.

Wonder how much safety lobbying was paid for by the companies making wireless kill switches.
You should read the bills. Lots of crazy stuff in them

But we have to pass the bill to know whats in it

More of this to follow.

Enjoy your handout.
Old 01-13-2021, 08:39 AM
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Originally Posted by General Disarray View Post
So “use” is odd too.

i mean I use one, I have one. It doesn’t say it must be attached to the captain etc.

what is the read on that?
Good point. Open to a lot of interpretation which means it will be hard to enforce if challenged.
Old 01-13-2021, 08:39 AM
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Originally Posted by m9000 View Post
This thread has the potential to be moved to the bilge very quickly.

Does anybody have any data on how many serious boating accidents or deaths are the result of people not using emergency kill switches? I always wear the switch when I am operating the boat by myself or with people incapable of operating the boat. I've also use the switch when trying to get back to the ramp when the weather turned really nasty and we were being tossed around by the waves.

Enforcement of this law is going to be near impossible unless personnel are using high-quality zoom cameras and catching people "in the act". With all of the lethal, illegal drugs entering the country, this doesn't seem like a very good use of limited enforcement resources.
Most are alcohol related. a kill switch wouldn't have mattered.
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Old 01-13-2021, 08:41 AM
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I used to wear mine, but would always nearly rip it off when docking the boat because I walked away from the helm to put the fenders out, so keep that in mind. Then you have to try and put it back in and restart the engine before the boat hits the dock or another boat. Chances are great that it would be another boat.
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