Sent this to DNR & USCG

[Dennis J. Aitken]

I sent this article to the DNR & the USCG
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One thing that has been taking off lately is outside rub rail lighting that gives pontoon boats a sleek look with blue (or any other color really) LED lighting.
But could it be considered illegal?

I say 'could be' instead of 'is' because as far as I'm concerned it falls into a gray area and, quite frankly, could go either way. I did some calling around and it seems like a lot of different areas around the country have conflicting thoughts. I have seen MANY pontoon boats on the Internet and on lakes with these beautiful lights that really make you take notice of them.

As most of you at the DNR office & The Coast Guard are probably aware, the U.S. Coast Guard has very specific guidelines on navigation lighting. I would fully outline them here but it's complicated. It depends on the length of your vessel, its overall use and other such things. For the sake of space, I'm going to move forward with the assumption that most of us with pontoon boats do our recreational boating in vessels under 39 feet in length on most of the lakes in Wisconsin and even some people on Lake Michigan.

The USCG requirements are:

1. Masthead Light: a white light placed over the fore and aft center line of the vessel

2. Side Lights: a green light on the starboard side and a red light on the port side

3. Stern Light: a white light placed as nearly as practicable at the stern. Most pontoons come with bimini light that is in the center and at the rear of the boat doubling as #1 & #3

Here's where the tricky part comes into play. This is the official stance from the USCG:

Rule 20(b) The Rules concerning lights shall be complied with from sunset to sunrise, and during such times no other lights shall be exhibited, EXCEPT such lights which cannot be mistaken for the lights specified in these rules or do not impair their visibility or distinctive character, or interfere with the keeping of a proper look-out.

Now do you see why I'm telling you it's not clear? When it comes down to it, the minimum USCG lighting for a vessel under way at night is the only legal lighting. It says, "no other lights shall be exhibited" then follows it up with a "but" which creates a feeling of compromise. In my opinion, blue LED lights can't be confused with the navigation lights, a police or fire craft because the last two have sirens and flashing lights.

Something I feel that the Coast Guard is overlooking is that while the traditional system may be overpowered by the brand-new lights, is that really a bad thing? It's kind of like saying that other people on the lake can see you too well. Is that even possible? It's not always in the best interest to do things the same way we've always done them when technology continues to advance. Even fishermen are finding advantages to using green lights under their pontoon or in the water itself.

The sad part of this story is that when safety is up in the air, human life is at stake. A 51-year-old woman was killed in Oklahoma when the boat she was riding in was hit by another boat. The driver had just a hint of alcohol but was not under the influence of alcohol but truly didn't see the boat as he approached it. [https://www.kten.com/story/18636576/boa ... more-woman] Witnesses said that because the boat, the woman was traveling in, was moving parallel with the shore, the navigation lights blended in with the light from the land.

The red, green and white light system has long been the standard not only in boating, but in aviation as well. This makes sense because like a boat, a plane is not restricted to a road or a track, but moves freely from obvious boundaries. Yet aviation has been more adaptable. Flashing strobe lights have long been added to airplanes to enhance visibility in the sky. When it comes down to being seen or not being seen, planes are doing much better. Is it time for the boating industry and the USCG to get an update that works for the waterways? Yes, I strongly think so.

It would be better to encourage additional lighting on boats for increased visibility. The fear of washing out the light system is almost unfounded these days. It's very simple. If you are on a lake at night, the very first step to avoiding a collision is to see the other person. Or to have him see you and OBVIOUSLY, your speed should be link on land, don't over ride your headlights or vision on a boat.

I have to believe the government is trying to act in the best interest of the public. Isn't time to change boating laws to increase the lighting on the waterway at night for the safety of all. Plus blue rub rail lighting looks really, really cool.

I am sending this to the Wisconsin DNR and the USCG and posting this on several boating forums to see what the people say about additional safety precautions [if they want it].

Please don't rush back with a 'canned' negative reply before really thinking about the safety of everyone on the water.

[Marc K]

As a lifelong boater offshore and inshore, I can see both sides. Modern bright LED's are more than adequate to stand out from a populated background IF (I repeat IF) the observer is not night vision impaired by bright lights on his vessel or others.

It is the responsibility of all boaters to avoid blinding other boaters with excess lighting. This includes controlling speed to where "headlights" are not required. They are specifically not headlights, they are emergency/docking. If a boater is running in a suspected hazard area, the answer is NOT to imperil other boaters with excess lighting. You are to use just enough localized lighting to avoid hazards while making headway speed. If this is too slow, you should not be there.

At the same time, it is the responsibility of all boaters to be sure that they can be seen by other boaters, quite aside from the minimum requirements. So the competition rages on.

I have a customer who spent an absurd amount of money on two massive lightbars and a monstrous commercial search and rescue spot beam. When another boater approached him head-on with lights blazing, he would blink them with his regular docking lights a couple of times if needed. If the problem persisted, he would light them up - which triggered law enforcement calls, screaming matches, and threats. He lost every time because he got the tickets and fines.

If you feel that you have a solution, I would love to hear it!

Marc

[BobL]

A couple of thoughts....

1 - People who run with the docking lights on should be ticketed. You absolutely cannot see Nav lights when docking lights are on.

2 - The reg you quoted states.... no other lights shall be exhibited, EXCEPT such lights which cannot be mistaken for the lights specified in these rules or do not impair their visibility or distinctive character, or interfere with the keeping of a proper look-out.

To me, this is giving them a way out in case interior lights are on, lights from electronics are on, etc. In Louisiana, there is a similar debate but it is pretty clear that the LED strips can impair the visibility or distinctive character of the nav lights.

I like the looks of LED lights and also can see the argument where it makes you "more visible", but the purpose of the green/red nav light is so you can determine which direction the vessel is heading. If all I see is flashing pink (or whatever color) LED strips and cannot see the red/green nav lights then there is trouble. To further complicate the issue....if the LED strips are red or green then you will never be able to tell Port from Starboard.

My $0.02.

I decided to add this as don't want my comments to come over as anti-LED strip lights. The size of the waterway makes a big difference. How crowded the waterway is makes a big difference. Competing lights from the shore make a big difference. Our home lake is one mile wide and both sides have houses/camps (I think there are 800 plus) and lighted piers. When we head back from eating out and it is dark, it is likely that I will encounter 20-30+ boats. It is important that I be able to see the nav lights.....and Docking Lights along with LED strip lighting creates a lot of visual "noise". I will shut up now.

[Puto]

Also, FWIW, in Crazyfornia, a true law enforcement light to conduct or initiate traffic stops is a steady forward-facing red lamp. That is codified in the Vehicle Code. So, no, law enforcement does not always use flashing lights to engage in law enforcement functions.