From: pk@well.com
To: comments@www.leginfo.ca.govSubject: Analysis of AB 1458
Attn: Ed Imai
Re: Analysis of AB 1458 and amendments.
Ed: Keith Miller forwarded the legislative analysis of AB 1458 to me this morning. I have some comments which may be pertinent, especially relating to the partial exemption for rental powerboats and PWC and the full exemption for new boat purchasers.
AB 1458 as now written (and as proposed to be amended) leaves no outside overview of the process of issuing temporary certificates to the operators of rental boats and rental PWC. The test is to be administered and graded by the rental businesses, which have a strong interest in minimizing time spent and maximizing the number of people who pass.
PWC represent by far the highest risk recreational activity on California waterways (see attached). DBW did not compile statistics differentiating rental from privately-owned PWC, but it is well established that rentals are the highest risk category.
AB 1458 allows rental businesses to offer a minimized set of rules and instructions which have no clear requirements other than inclusion of a map of the operating area, and then administer and grade a partial test in order to issue the renter a temporary Operator Certificate good for 60 days.
This is a fox guarding a henhouse if there ever was one.
It is all too easy to imagine the underpaid and overworked employee of the rental company turning tie entire program into a farce: "Read this, here's the map, here's the test, fill this out, sign here, here's your temporary California Boating Operator's certificate, it's good for 60 days." Even if the DBW-approved rental PWC test is substantive, without continuous outside overview there is nothing to prevent answer keys from being left in view of the renters, or similar abuse and "streamlining" of the process.
The whole concept of a test administered and graded by the rental company makes about as much sense as expecting renters to read every word of their liability waivers. There just isn't enough time or interest to jump through these hoops. Especially for walk-up rental customers in resort locations, which describes much of the PWC rental business.
The 90-day exemption for new boat purchasers is an even more egregious loophole. Although DBW did not compile the stats, it is well known that first-time boat operators are more likely to be involved in accidents than experienced operators. Indeed, this is the justification for the Operator's Certificate course and associated safety education in the first place: More experienced and knowledgeable boaters are less likely to be involved in serious accidents. Yet AB 1458 leaves the least experienced operators entirely free of the education and certification process for 90 days. This could easily represent an entire summer season for the most hazardous category of boat operators.
I believe the objection to the implementation of a comprehensive safety course and test for new powerboat purchasers and renters is based on the perception that it will deter a substantial number of renters and boat buyers. This may be true, but when the activity is inherently dangerous and requires at least a minimal level of education, there is really no way around this result.
If the effect of mandatory boater education for those using the most dangerous types of vessels is the diversion of some renters and purchasers into less dangerous forms of boating (e.g. sail or human-powered) which remain exempt from these requirements, then the positive effect on the safety of California waterways will be very easy to demonstrate based on existing data.
Paul Kamen, naval architect
April 23 2007