TITLE 23

Navigation and Waters

CHAPTER 22. BOATING SAFETY

Subchapter III. Boating Safety Education


(a) From and after January 1, 1994, except as provided in § 2222 of this subchapter, a person born on or after January 1, 1978, may not operate on the waters of this State a vessel required to be registered in this State or any other state, or documented by the United States Coast Guard, without first successfully completing a course of instruction prescribed by the Department and obtaining from the Department a certificate of boating safety education.

(b) Any certificate of boating safety issued by any state, and approved by the National Association of State Boating Law Administrators, shall be deemed to be sufficient compliance with the requirements of this section.

(c) A person who is subject to the provisions of subsection (a) of this section shall:

(1) Maintain in the person's possession, at all times while operating a vessel or recreational boat on the waters of this State, the certificate of boating safety education issued by the Department; and

(2) Upon demand of a Fish and Wildlife Agent or any other law-enforcement officer, show the certificate of boating safety education issued by the Department to such agent or officer.

(d) It shall be a defense to any charge under subsection (c) of this section if the person so charged produces in court a Certificate of Boating Safety Education theretofore issued to such person and valid at the time of arrest.

69 Del. Laws, c. 60, § 4; 70 Del. Laws, c. 105, § 24; 71 Del. Laws, c. 427, § 6.;

The following persons shall be exempted from the requirements of this section:

(1) Any person who holds a valid Coast Guard captain's license; or

(2) Any person who holds a valid Delaware River and Bay pilot's license, or its equivalent from another jurisdiction.

69 Del. Laws, c. 60, § 4.;

(a) The Department shall coordinate and provide a statewide course of instruction in boating safety education for certification, and insure that courses are available at regular intervals within each county.

(b) Any course of instruction in boating safety education offered by the Department is not required to consist of more than 6 classes, nor to exceed a cumulative total of 12 hours.

(c) Tests may be administered verbally when appropriate.

(d) The Department shall replace, free or at cost, a lost or destroyed boating safety certification originally issued by the Department.

69 Del. Laws, c. 60, § 4.;

Once issued, the certification of boating safety education shall be valid for the lifetime of the person to whom it was issued and may not be revoked by the Department or a court of law.

69 Del. Laws, c. 60, § 4.;

(a) Whoever violates § 2221(a) of this title shall be guilty of a class D environmental violation. For each subsequent like offense, the person shall be guilty of a class C environmental violation.

(b) Whoever violates § 2221(c) of this title shall be guilty of a class D environmental violation. For each subsequent like offense, the person shall be guilty of a class C environmental violation.

(c) The Justice of the Peace Courts shall have jurisdiction over any violation of this subchapter.

69 Del. Laws, c. 60, § 4; 71 Del. Laws, c. 427, § 7; 79 Del. Laws, c. 421, § 15.;