What is a Safety Inspection Decal?
In a vessel safety check you are required to demonstrate compliance with state and federal boating safety requirements.
You are asked to show such things as PFD’s (personal flotation devices or life jackets), a fire extinguisher, daytime and nighttime safety flares and functional nav (navigational) lighting.
Since the 4 Amendment is virtually inapplicable to you when you are the on the water, unfortunately, but not unpredictably, marine law enforcement uses, and abuses, the vessel safety check.
While they can do this as a matter of federal law, effective July 1, 2016 State, County Municipal and Local law enforcement have been slightly curtailed in FL.
Now, if a non-federal marine agency inspects you boat and your vessel passes then you will be issued a red and white compliance sticker.
When you display a valid compliance sticker non-federal marine law enforcement are on notice that they cannot stop and board you for a “safety inspection” and, instead, they are now required to have an independent specific reason to stop and board you vessel.
Remember, this does not apply to the feds, so DHS, ICE, CBP and the USCG can all still stop and board you at any time and for any reason, or for no reason.
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Please note that no attorney-client relationship with either Michael A. Haber, PA or Michael A. Haber, Esq. exists as a result of your watching this Webisode series. Further any and all information which is both contained in and may be construed from this Webisode series is generic in nature and should only be considered as informational and not as actual legal advise in any specific case. Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. as follows:
Office Phone: 305-381-8686
Toll Free Phone: 1-888-SHARK-8-1
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