Section II

* An accident is considered reportable if: a person dies, disappears, or is injured requiring medical attention beyond first aid; damage to a vessel or other property damage exceeds $500; or there is complete loss of a vessel. Not all accidents are reported to the Department, due to either nonobservance or ignorance of the reporting law.

Vessel Type and Length

In 1998, open motorboats accounted for approximately 50% of all vessels registered in California, and PWC accounted for 18%. Open motorboats were involved in 53% of all accidents and PWC were involved in 30% of all accidents. This indicates that PWC were involved in a disproportionately high number of accidents. However, the percentage of PWC involved in accidents has decreased substantially from 42% in 1997. Most vessels (74%) involved in accidents were less than 26 feet long.

Operator Age

Overall, operators in the 21-30 and the 31-40 age groups were involved in accidents more often (22% each) than those in any other age groups. The 31-40 age group was involved most often in open motorboat accidents, followed by the 21-30 age group. The 21-30 age group was involved most often in PWC accidents, followed by the 11-20 age group.

Operator Owner Status

Forty-five percent of all vessels involved in accidents were operated by the registered owner. Forty-two percent of vessels were operated by someone other than the registered owner. Of this group, about one-third were borrowed and 9% were rented.

C. Accidents Involving Personal Watercraft (PWC)

Background

A personal watercraft (PWC) is a small vessel that uses an internal combustion engine powering a jet pump or propeller. It is designed to carry from one to three persons, and to be operated by a person sitting, standing, or kneeling on the vessel rather than the conventional manner of sitting or standing inside the vessel.

The use of PWC is subject to all state, local, and federal regulations governing the operation of all powerboats of similar size.

As of December 31, 1998, there were approximately 160,919 PWC registered in California, comprising 18% of registered vessels. The table below shows the total number of PWCs registered in California from 1993 through 1998.

Findings

A total of 229 PWC-related accidents were reported in 1998, resulting in 161 injuries, 9 fatalities, and $384,050 in property damage. The total number of reported accidents, injuries, and the total property damage were lower than 1997 levels (391, 276 and $709,450, respectively). The number of reported fatalities was slightly higher than last year (8).

* An accident is considered reportable if: a person dies, disappears, or is injured requiring medical attention beyond first aid; damage to a vessel or other property damage exceeds $500; or there is complete loss of a vessel. Not all accidents are reported to the Department, due to either nonobservance or ignorance of the reporting law.

* These figures are estimates. The Department of Motor Vehicles does not have a "dedicated" open motorboat registration category.
** The sum of the percentages does not equal 100 percent because some accidents, injuries, and fatalities involve multiple types of vessels.

Type and Cause of Accidents

Although PWC-related accidents have decreased considerably, types and causes of accidents involving them has remained consistent with findings from previous years.

Most reported PWC accidents involved collisions with other vessels (67%). 12% of accidents involved falls overboard, and 9% involved persons being struck by boats/propellers. Among collisions between two vessels, the other vessel was most often another PWC (64%). The most common causes of all PWC accidents were operator inexperience (69%), excessive speed (56%), and operator inattention (54%). All of these causes are operator-controllable factors. (Some accidents have more than one attributable cause.)

Upon further evaluation of PWC collisions with another vessel, specific activities such as radical maneuvers (spraying other vessels, wake jumping, donuts, or playing "chicken") and following too closely behind another vessel were factors in 46% of the PWC-related collisions (23% each). 28% of all PWC-related collisions involved operators who knew each other and were riding together.

Operator Age

PWC operators in the 21-30 age group were involved in more accidents than any other age group, followed closely by the 11-20 age group.

Operator Owner Status

69% of PWC involved in accidents were operated by someone other than the registered owner. Of this group, over half (52%) were borrowed and 17% were rented.

Boater Use Study

Several years ago, the Department was concerned about the disproportionality of PWC accidents. For example, in 1998, PWC constituted 18% of the boating population, but were involved in 30% of the accidents. However, if PWC spent more time underway than traditional boats, would the accident rate still be disproportionate? To answer this concern, the Department funded a study that was conducted by California State University Sacramento to survey boat owners to determine the amount of time boats were underway.

The study, conducted in 1995 and 1996, found the following:

• When controlled for hours underway, the number of accidents and injury-related accidents involving PWC exceed those involving traditional boats.

• One accident occurs each year for every 429 PWC operating on California waterways, compared to one accident for every 1,617 traditional boats.

• One injury-related accident occurs each year for every 706 PWC operating on California waterways compared to one injury-related accident for every 3,515 traditional boats.

Representative Accidents

• The operator of an open motorboat was following behind the operator of a PWC. The open motorboat operator was conversing with a passenger and was not paying close attention to his direction of travel. The bow of the open motorboat was also bobbing up and down as it traveled across the water restricting the operator's view of the low profile vessel in front of him. He failed to notice that the PWC operator had come to a stop in front of him and ran over the PWC, killing both occupants.

• A PWC operator made a sudden sharp turn, causing his passenger to fall overboard. He returned to retrieve her at too great a speed and struck her. She sustained a deep laceration above her ear requiring stitches.

• Two PWC operators were riding together, one behind the other. The operator in the rear increased his speed to catch up with the operator in the lead, coming up behind him at an unsafe distance. As he did so, the operator in the lead turned without looking, placing him in the path of the second operator. In an attempt to avoid a collision, the second operator let off the throttle, thereby eliminating the vessel's steering capability and was unable to avoid a collision. Both occupants of the lead vessel were severely injured. The operator sustained a collapsed lung and several broken ribs. The passenger sustained a broken shoulder and arm.

• Two PWC operators met on a blind curve in a narrow channel. One of the operators was on the wrong side of the channel and caused a head-on collision. He sustained a head injury upon impact.

• A PWC operator had just finished spraying another vessel and was looking over his shoulder at that vessel. When he looked forward, he realized that he was heading for a drifting PWC whose operator was reboarding, and he struck her. The operator of the drifting vessel sustained multiple fractures to her leg.

Additional Safety Concerns

• Many PWC operators do not realize that when they let off the throttle, they lose steering capability. Numerous accidents have resulted from this lack of knowledge.

• PWC sometimes present a danger to their riders because of the craft's lack of visibility when it capsizes. Riders who are attempting to remount their PWC are often not visible to other watercraft, and collisions sometimes occur.

D. Accidents Involving Youths

Background

In this section, "youths" refers to persons under 18 years of age.

From 1987 through 1997, California law required a person to be at least 12 years of age to operate a motorboat of more than 10 HP. If an operator was under 12, a person 18 years of age or older had to be on board the vessel.

In 1998, the law changed; it now requires the operator of a motorboat of more than 15 HP to be at least 16 years of age. Persons 12-15 may operate if a person of at least 18 years of age is attentively supervising aboard the vessel.

(Footnote: Exceptions to this law include the operation of a sailboat that does not exceed 30 feet in length or a dinghy used directly between a moored boat and the shore, or between two moored boats.)

Findings

Type and Cause of Accidents

Collisions (70%) were the primary type of accident involving youth operators.

Operator inexperience was a factor in 81% of accidents involving youth operators, and was the most common cause of accidents involving them. Operator inexperience was a factor in only 41% of accidents involving operators of all ages. Excessive speed was the second most common cause, followed by operator inattention.

Vessel Type

The vast majority (88%) of youth operators involved in accidents were operating PWC.

Fault Assessment

Youth operators were involved in 49 collisions with other vessels. Most of these collisions (78%) involved youth operators colliding with adult operators. Youth operators were exclusively at fault in 53% of these collisions, compared to 16% for adult operators.

Representative Accidents

• A 14-year-old PWC operator was traveling too closely behind a 10-year-old PWC operator. The 10-year-old made a turn without looking and traveled into the path of the first PWC, resulting in a collision. The 14-year-old sustained a severe head injury and lost consciousness, but was kept afloat by his life jacket. The 10-year-old sustained a severe knee injury. The parents of both operators were cited for allowing the 14-year-old to operate the vessel alone and the 10-year-old to operate the vessel at all.

• A 14-year-old PWC operator entered a cove and approached an anchored vessel. Due to her inexperience, she approached the vessel at too great a speed and attempted to compensate by letting off the throttle, thereby eliminating the vessel's steering capacity. She collided with the anchored vessel, climbing over the bow and breaking the windshield, and landed inside the vessel, causing injury to two of the passengers. The PWC operator had borrowed the vessel, and neither she nor the vessel's owner were aware of the new law regarding operator age.

• A 15-year-old operator of an open motorboat reduced his speed suddenly, causing a passenger standing in the bow to lose his balance, fall overboard, and be subsequently run over by the vessel and struck by the propeller. The victim sustained a concussion and a severe laceration to his leg, requiring 63 stitches.

• Two 16-year-old PWC operators were maneuvering in close proximity. Operator #1 was performing donuts and was not paying attention to his surroundings. Operator #2 approached him at too great a speed, and his attention was also diverted elsewhere and the two vessels collided.

• A 17-year-old operator of a rented PWC was approaching the shoreline at too great a speed and could not turn sharply enough to avoid grounding the vessel. She and her passenger were thrown onto the rocks and sustained lacerations.

Additional Safety Concern

Very young children riding on PWC can present serious safety problems. While riding in front of an operator, a child has easy access to the vessel controls and can easily manipulate them. Such situations have resulted in accidents. Seating a young child behind a PWC operator is unsafe as well, because he or she can easily fall overboard.

E. Fatal Boating Accidents

Findings

In 1998, 58 fatalities occurred on California waterways. This represents 6.5 fatalities per 100,000 registered vessels. The number of fatalities rose from 43 in 1997 (4.8 per 100,000 registered vessels) and is the highest number of boating-related fatalities since 1993 (67 fatalities occurred in 1993, which was also a year in which precipitation was well above average).

(Overall, California has the second highest number of fatalities in the nation, behind Florida, which reported 76 fatal boating accidents during 1997. Texas reported the third highest number of fatalities, with 45.

Type and Cause of Accidents

Representative Accidents

• The victim was descending a ladder from the fly bridge when he lost his footing and fell, striking the edge of the vessel and falling overboard. He was a poor swimmer and was not wearing a life jacket. He was thrown a life jacket but was unable to grasp it and drowned.

• The operator of an open motorboat was fishing with a friend and failed to notice that the vessel had approached the surf line. The vessel capsized in the rough surf, throwing them into the icy water. Neither victim was wearing a life jacket and both drowned before they could be rescued. A small craft advisory was in effect at the time of the accident, but had gone unheeded by the operator.

• The operator and two passengers were out fishing in an overloaded open motorboat unsuited for coastal waters, when the vessel began to take on water. The operator attempted to look for his flares, but was unable to find them. All occupants donned life jackets and eventually the vessel capsized, throwing them into the water where they remained for quite some time. By the time rescuers found them, two of the victims had succumbed to hypothermia and drowned. The other victim was suffering from extreme hypothermia, but survived.

• A PWC operator was engaged in jumping a wake and failed to notice a second PWC in the immediate vicinity. The second PWC operator was also not watching his surroundings closely and the two vessels collided in a crossing situation. The second operator sustained fatal blunt-trauma injuries. The passenger aboard his vessel sustained a contusion to her face.

• Several people were whitewater rafting in a rented raft. They were unfamiliar with the river and proceeded through a dangerous section that should have been avoided. The raft capsized and two members of the party drowned. They were wearing life jackets, but the current was too rough and pulled them under water.

F. Alcohol Use and Fatal Boating Accidents

Background

In 1987, state law made it illegal to have a blood alcohol level of 0.10% or more while operating a recreational vessel. In 1991, the legal limit was decreased to 0.08%. Furthermore, a "boating under the influence" conviction now appears on Department of Motor Vehicles records and can be used to suspend or revoke a vehicle driver's license.

Only victims of fatal boating accidents were tested for alcohol levels. A person is assumed to be "under the influence" if their blood alcohol level is 0.035% or higher. The National Transportation Safety Board has determined that when the concentration of alcohol in a person's bloodstream reaches this level, noticeable changes in competence occur.

As discussed earlier, testing was not conducted on all victims due to delayed accident reporting or delayed body recovery, which can alter blood alcohol levels.

Findings

Among the 58 fatalities, 49 were examined to determine their alcohol level. Of these 49 victims, 10 (20%) had blood alcohol levels equal to or greater than 0.035%. Seven of the victims were operators and three were passengers. Five fatalities involved motorized vessels and 5 involved non-motorized vessels.

Type and Cause of Accidents

All 10 alcohol-related fatalities were the result of single-vessel accidents. Five victims fell overboard. Of these victims, 4 drowned and 1 was struck by the vessel's propeller and sustained fatal injuries. The other 5 victims drowned as a result of vessels capsizing. Of the victims who drowned, half were not wearing life jackets and one additional victim was wearing a life jacket that was too large.

Time and Location

Among the 10 alcohol-related fatalities, 4 occurred on rivers, 3 occurred on lakes, 1 in the Sacramento/San Joaquin Delta, 1 on the Colorado River and 1 in ocean/bay waters. Overall, 6 fatalities occurred in Northern California and 4 in Southern California.

Alcohol-Related Fatalities Involving Motorized Vessels

In January 1986, the Department submitted the Boating Safety Report to the California Legislature. This report analyzed alcohol-related boating accidents between November 1, 1983 andOctober 31, 1985, and concluded that 59% of all fatalities involving motorized vessels were alcohol related (where alcohol-related testing could be conducted).

The Department conducted a second alcohol-related boating accident study between January 1, 1993, and December 31, 1994. This study concluded that 23% of all fatalities involving motorized vessels were alcohol-related, a significant reduction from the 1986 study.

The table at the top of the next page shows the percentage of alcohol-related fatalities involving motorized vessels (where alcohol-related testing could be conducted) from 1993 to 1998. In 1998, 37 of the 49 victims tested for alcohol-relatedness were killed in accidents involving motorized vessels. Of that group, 14% were alcohol-related. This percentage was significantly lower than any rate during the previous three years.

Representative Accidents

• A vessel was drifting with several people on board, most of whom had been consuming alcoholic beverages. The vessel began to drift toward the rocky shoreline, so the operator, who had not been drinking, started the engine and idled forward, away from the rocks. As he did so, an intoxicated passenger in the stern lost her balance and fell overboard and was struck by the propeller, sustaining fatal injuries. The operator should have warned the passengers that he was going to move the vessel and make sure that they were in safe positions.

• The operator of an open motorboat was fishing with several passengers, three of whom were young children. There were not enough life jackets of the proper size for the children, who were engaged in climbing on the gunwales of the vessel. A seven-year-old child was wearing a life jacket made for a three-year-old and because of this, could not fasten the jacket. He fell overboard, slipped out of the jacket and drowned. The operator had been drinking alcohol, which slowed his reactions.

• Three people took a canoe out on a lake late at night and capsized. The victim, who was not wearing a life jacket and was under the influence of alcohol, was unable to save himself and drowned.