By CAPT Mark Poster, CMI
This article was originally published in CBSOA’s The Beacon in Spring 2022 (California Boating Safety Officers Association)
Prior to becoming an independent marine accident investigator for the past 25 years, I was a boat cop, then supervisor and also a Boating Safety Enforcement P.O.S.T. Instructor (Peace Officers Standards and Training). I was fortunate in that my agency sent me and my officers to all the courses offered through DBW (California Department of Boating and Waterways) including Basic and Advanced Boating Enforcement, Marine Firefighting, Rescue Boat Operations, Boating Under the Influence, Lateral Gaze Nystagmus and several accident investigation and reconstruction courses. Accident investigation and reconstruction are available from the State, NASBLA (National Association of State Boating Law Administrators), IAMI (International Association of Marine Investigators) and Underwriters Laboratory.
Other agencies and/or states may not be as fortunate. It’s up to the state Boating Law Administrator to provide officer training, many of which are P.O.S.T. accredited and are reimbursable to the agency.
The most common errors on VARs (Vessel Accident Reports) may include; not confirming who the operator was, not including all passenger names, interviews and seating charts, incomplete vessel description, powerplant and propulsion information, propellor size/duoprop if applicable,, incorrect registration, lacking HIN, not referencing state laws or local ordinances, and I have even seen listing incorrect Navigation Rules in the final report. One report erroneously indicates that the vessel being overtaken was completely at fault. I want to note that I am referring to reports from other states other than California. I believe the CBSOA has been instrumental in providing top-notch training for our officers. Every investigator worth his salt should be familiar with Farwell’s Nautical Rules of the Road, the accepted authorith on NAVRULES.
It os truly amazing, and so disappointing reading some of the reports that somehow get past supervisors. Sargeants or reviewers. The BAR (Boating Accident Report) is to be completed by the involved operators. This form is required by Harbors & Navigation Code Section 656 for any accident which results in death, disappearance, injury that requires medical attention beyond first aid, total property damage in excess of $500 ($2000 on Federal waterways), or a complete loss of the vessel. Failure to submit this report is a misdemeanor and is punishable by a fine not to exceed $1000 or imprisonment not to exceed six months or both. In California, the form is in the middle of the safe boating handout (ABCs of California Boating), which every patrol boat should have on board, and I believe this pamphlet should be provided to the operator on every vessel stop. Many officers will highlight the offenses found as they give the booklet to the operator.
Upon my arrival of a minor accident, and after accounting for everyone and securing the scene, I have provided the BAR to the involved operators to help take control of the scene by separating tgarner more attentionhe operators and having them complete the form. This is not always possible depending on the severity of the accident, as operators may be injured or traumatized, although by giving them this task, it may even help the situation. The officers on scene may have their hands full dealing with recovery operations, collecting and preserving evidence, gathering witness statements, and so on. I believe having a completed form from each operator assists the investigating officer because much of the information required for their own VAR is now provided. It should be mentioned that the BAR is not to be used in court. In fact, it reads “This confidential report is used in the research for the prevention of accidents and a copy is forwarded to the USCG.” We all know that most accidents are not even reported as indicated in the 202 Recreational Boating Statistics – U.S. Coast Guard.
Despite the best efforts to document incidents, the Coast Guard is only confident in its capture of deceased victims since fatal accidents undoubtably involve state or government oversight, and garner more attention in the news media. Data on non-fatal accidents have a much lower confidence level. Non-fatal accidents are severely under-reported because boaters are unaware of reporting requirements or are unwilling to report. A 2006 study, “Recent Research on Recreational Boating Accidents and the Contribution of Boating Under the Influence” suggests that 20% of hospital-admitted injuries were not captured, and upwards of 93% of non-fatal, no-hospital admitted injuries were not captured in the data collection on boating accidents. The study is on the Coast Gurads’s website uscgboating.org.