WakeWorld - Wakesurfing illegal in CA?

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- - Wakesurfing illegal in CA? (http://www.wakeworld.com/forum/showthread.php?t=238494)

I was out at Bass Lake this past week (Fresno, CA) and my friend was pulled over by the Sheriff. He told us that wakesurfing in CA is illegal, and we have to stop. We have heard rumors, but nothing in print. We stopped by the sheriff station on the lake, and asked the guy the penal code. His book was from 2001, and could not pull and code.

Bro, he is an old post. <a href="http://www.wakeworld.com/MB/Discus/messages/87668/185328.html?1092456747" target="_blank">http://www.wakeworld.com/MB/Discus/messages/87668/185328.html?1092456747</a>. Or you can go directly to the state website: <a href="http://www.leginfo.ca.gov/bilinfo.html" target="_blank">http://www.leginfo.ca.gov/bilinfo.html</a> It's AB 2222. Look under 03/04 prior. There have been a few other post on here relating to CO. One said that studies showed more CO in the back seat of a boat than wakesurfing. Board More/Work Less J$

Brian, I wake surf all the time on millerton lake (fresno, CA) and have not had any problems with the sheriff. Im not sure why you were told that.

I've been stopped on Lake Elsinore here in SoCal...The buffoons didn't even know what we were doing. They were like "Where's the prop on that?" Once we told them it's a Malibu - the prop is under neathe they said "OK just as long as there's no way to get chooped up by it." So they didn't care over there. (So if you ever go there hit me up....I want to go too....LOL)

Yeah, I do not know why they stopped us. From what I have been told you can not start off the swin platform, and you are not supposed to be touching it while you are moving. We do it all the time up here in the Delta w/ no problem<img src="http://www.wakeworld.com/MB/Discus/clipart/biggrin.gif" border=0>.

Brian - It may have just been because you were on Bass Lake. They have lots of special regulations that you don't find anywhere else in the state.<img src="http://www.wakeworld.com/MB/Discus/clipart/happy.gif" border=0>

Nichi, Do you have any problems at Berryessa surfing?

None so far. I haven't heard of anyone getting stopped for it either. But we try to stay on the other side of the lake.<img src="http://www.wakeworld.com/MB/Discus/clipart/happy.gif" border=0>

I haven't had any problems surfing at Lake Berryessa. I was there on July 4th, only saw 1 other person wakesurfing.

Here is the meat of the bill: The act would make it unlawful to operate a motorized vessel, or have the engine of a motorized vessel run idle, while someone is teak surfing, platform dragging, or bodysurfing behind the motorized vessel, or while someone is occupying or holding onto the swim platform, swim deck, swim step, or swim ladder of the motorized vessel, as specified. Looks like surfing is still legal.

I was at my local shop today and talking to the owner about surfing. His comments were that it is illegal in California and that you could face fines up to $300 for the rider and $300 for the driver. He said it was lake specific and the lake patrol will choose how hard they want to enforce it. He said the law states that you must be at least 30 feet behind the boat. He also said there have been a few deaths associated with wakesurfing which I disputed with him. I dont really know enough about it but I am almost positive there havent been any deaths with wakesurfing, I thought just teak surfing. Whats up.

I got stopped a couple of weeks ago by the lake patrol/Sheriff. We couldn't figure out what we were doing wrong as we surf on Kaweah all the time. The ranger just came over and said there is no law against surfing in California, but that we should be really careful when we are that close to the boat. Duhh!!!!. He then just took off. It's nice to know that they are worried about our safety. It's just weird to get pulled over just to say be safe.

John-Its good to know they aren't really cracking down at Kaweah. I was a Pine Flat last weekend wakesurfing and the ranger just cruised right by us. Earl at Etco was the one telling me about all the fines and laws so I tend to believe it but who knows. It seems to vary so much by area.

We were on Castaic today and were warned by the Police boat that we had to be 15 feet back. I didn’t have a copy of the bill with me to dispute it and we were almost done for the day. I think I am going to get a copy laminated to have available for the next time. I checked the Bill site for last session and no amendments were made to AB2222. It was signed into law in September. There have not been any new Bills this year.

I believe there can be a local ordinance that is more restictive than the state law, so you might just ask them specifically what law your violating next time. However, I'd probably wait and ask them as you're getting off the lake rather than when they're giving you a warning. You don't want to "encourage" them to bypass the warning and write you up.

I was at Bass Lake over the 4th holiday and Surfed and had no issues...I am heading back on the 9th of August, so we will see... I love that place...

Anyone getting anymore flack from the FUZZ up at Shasta?? I am going to be there on Aug 7th for a week. Just curious if I need to bring my pallet of Krispy Kremes to sooth even the most savage Sheriff on patrol... All kidding aside have they pulled their heads out of their asses yet up there? <img src="http://www.wakeworld.com/MB/Discus/messages/559019/242372.jpg" alt="">

we were surfing up at shaste for a week at the 4th .The sherrif just waved as he went by.

That is music to my deafened ears my friend. Thanks for the inside bro! <img src="http://www.wakeworld.com/MB/Discus/clipart/proud.gif" border=0>

Just talked to a dealer and he said that they are passing a law that does make it illegal to be pulled on anything closer than 30 ft from back of boat. He did say that it is lake specific right now and that they were trying to get it put into law on all lakes. I never know if these guys know what they are talking about? Anyone else heard the same thing?

Hmmmm... Can't say that I have heard that bid for new legislation myself. I have seen numerous posts on WW from "so called" authorities on the issue and what they share is quite the opposite. Let's keep an open mind about this for now... As a rule I tend NOT to seek factual advice from a dealer on these types of issues because I have found that they often like to sound "educated" or "in-the-know". Although they may be coming from a good place, they may just be passing misleading information to their customers unintentionally. For the surfing community's sake I hope the dealer you referred to is completely in the dark on this one.<img src="http://www.wakeworld.com/MB/Discus/clipart/uhoh.gif" border=0>

Just searched the current bills and there is nothing regarding making wake surfing illegal. The only laws with regard to riding behind the boat is CA HARB & NAV § 681 which MarkB has talked about previously. Wakesurfing is legal in the State.

I hate to do this, but here is the current law: BILL NUMBER: AB 2222 CHAPTERED BILL TEXT CHAPTER 565 FILED WITH SECRETARY OF STATE SEPTEMBER 17, 2004 APPROVED BY GOVERNOR SEPTEMBER 17, 2004 PASSED THE ASSEMBLY AUGUST 25, 2004 PASSED THE SENATE AUGUST 23, 2004 AMENDED IN SENATE AUGUST 17, 2004 AMENDED IN SENATE JUNE 15, 2004 AMENDED IN ASSEMBLY MAY 20, 2004 AMENDED IN ASSEMBLY APRIL 26, 2004 AMENDED IN ASSEMBLY APRIL 12, 2004 INTRODUCED BY Assembly Member Koretz (Coauthors: Assembly Members Lieber and Negrete McLeod) (Coauthor: Senator Soto) FEBRUARY 18, 2004 An act to add Article 1.5 (commencing with Section 680) to Chapter 5 of Division 3 of the Harbors and Navigation Code, relating to boating safety. LEGISLATIVE COUNSEL'S DIGEST AB 2222, Koretz. Boating safety. The Department of Boating and Waterways regulates the operation of vessels on inland and coastal waters of California. Existing law makes all money in the Harbors and Watercraft Revolving Fund available, to pay appropriations for, among other things, boating safety. This bill would enact the Anthony Farr and Stacy Beckett Boating Safety Act of 2004. The act would make it unlawful to operate a motorized vessel, or have the engine of a motorized vessel run idle, while someone is teak surfing, platform dragging, or bodysurfing behind the motorized vessel, or while someone is occupying or holding onto the swim platform, swim deck, swim step, or swim ladder of the motorized vessel, as specified. By making a violation of these provisions an infraction, this bill would create a state-mandated local program. The act would specify certain requirements for state-sponsored boating safety courses, require any new or used motorized vessel, when sold, to bear warning stickers as to the danger of carbon monoxide poisoning and boats, and require that certain informational materials distributed by the Department of Motor Vehicles with respect to renewals for boat registrations contain similar information about the dangers of carbon monoxide poisoning and boats. The bill would make these latter 2 requirements regarding warning stickers and informational materials operative on May 1, 2005. The bill would permit the Department of Boating and Waterways to use funds in the Harbors and Watercraft Revolving Fund appropriated to the department to administer this act and to reimburse the Department of Motor Vehicles for its costs to administer this act. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. The Legislature finds and declares all of the following: (a) Carbon monoxide (CO) is a potentially deadly gas that is odorless, colorless, and tasteless and is found as a byproduct of internal combustion engines. CO enters the bloodstream through the lungs and displaces the oxygen needed by the body with a resulting hypoxia (suffocating) of body tissues. Symptoms of CO poisoning include rapid onset of headache, fatigue, nausea, dizziness, confusion, convulsions, and death. (b) Marine engines are not subject to the same federal and state-mandated emission controls as automobiles and therefore have been able to emit dangerously high CO concentrations into the atmosphere, increasing the chance of exposure to potentially lethal amounts of CO. (c) Federal officials have found that CO can gather in deadly concentrations behind ski boats, cabin cruisers, and even personal watercraft due to their propulsion engines. (d) Dangerous levels of CO are often around swim decks and areas where occupants frequently sit or swim at the stern of the boat because the exhaust ports for both propulsion engines and generators are located nearby. (e) The new trends of "teak surfing," "platform dragging," or "bodysurfing" seem to have increased the number of these poisonings. Victims can be overcome by carbon monoxide in a matter of minutes, even when monitored by other boat occupants. (f) The National Institute for Occupational Safety and Health (NIOSH) within the Centers for Disease Control and Prevention (CDC), the United States Department of the Interior, and the United States Coast Guard have studied this issue extensively and have reported that these poisonings have reached "epidemic proportions." (g) These agencies have tracked 101 deaths and 402 poisonings through October 2003, with 34 poisonings in California alone. These numbers likely underreport the actual number of incidents because many deaths may be misdiagnosed simply as a drowning. (h) There is a lack of awareness and knowledge among recreational boaters of the dangers of CO poisoning, which has resulted in many deaths and injuries. (i) Three California families have recently suffered a devastating loss due to CO poisoning around boats. In May of 2003, 11-year old Anthony Farr of El Dorado Hills died at Folsom Lake after being overcome by carbon monoxide while bodysurfing behind a family friend' s boat. In September of 2001, 62-year old Bruce Allen (Skip) Bauer died while swimming near his boat at Lake Shasta. In July of 2000, 15-year old Stacy Beckett of Ontario died while platform dragging behind a boat in Mexico. Many others have lost their lives or have been poisoned in the same way around the country just in the last three years. SEC. 2. It is the intent of the Legislature to do all of the following: (a) Educate Californians and raise awareness about the dangers of carbon monoxide poisoning while boating. (b) Make it a crime to operate a motorized vessel, or have the engine of a motorized vessel run idle, when someone is teak surfing, bodysurfing, or platform dragging behind the motorized vessel, or when someone is occupying or holding onto the swim platform, swim deck, swim step, or swim ladder. (c) Urge manufacturers of motorboats to invest in research and development to do both of the following: (1) Reduce the carbon monoxide emissions from their engines as soon as possible. (2) Design a motorboat that would better protect boaters from all CO emissions. SEC. 3. Article 1.5 (commencing with Section 680) is added to Chapter 5 of Division 3 of the Harbors and Navigation Code, to read: Article 1.5. Anthony Farr and Stacy Beckett Boating Safety Act of 2004 680. This act shall be known as the Anthony Farr and Stacy Beckett Boating Safety Act of 2004, and may be cited as Anthony and Stacy's Law. 681. (a) It is unlawful to operate a motorized vessel or have the engine of a motorized vessel run idle while an individual is teak surfing, platform dragging, or bodysurfing behind the motorized vessel. (b) It is unlawful to operate a motorized vessel or have the engine of a motorized vessel run idle while an individual is occupying or holding onto the swim platform, swim deck, swim step, or swim ladder of the vessel. (c) Subdivision (b) does not apply when an individual is occupying the swim platform, swim deck, swim step, or swim ladder for a very brief period of time while assisting with the docking or departure of the vessel, while exiting or entering the vessel, or while the vessel is engaged in law enforcement or emergency rescue activity. (d) "Teak surfing" or "platform dragging" means holding onto the swim platform, swim deck, swim step, swim ladder, or any portion of the exterior of the transom of a motorized vessel for any amount of time while the motorized vessel is underway at any speed. (e) "Bodysurfing" means swimming or floating on one's stomach or on one's back on or in the wake directly behind a motorized vessel that is underway. (f) "Vessel" has the same meaning as set forth in subdivision (e) of Section 775.5. (g) A violation of this section is an infraction punishable by a fine of up to one hundred dollars ($100). Nothing in this subdivision shall be considered in relation to a suspension, restriction, or delay of driving privileges, or in the determination of a violation point count as provided in Section 12810 of the Vehicle Code. 682. All state-sponsored boating safety courses and all boating safety courses that require state approval by the Department of Boating and Waterways shall incorporate information about the dangers of being overcome by carbon monoxide poisoning at the stern of a motorized vessel and how to prevent that poisoning. 683. (a) When a new or used motorized vessel is sold in California, the two carbon monoxide poisoning warning stickers developed by the Department of Boating and Waterways shall be placed on the motorized vessel. The smaller sticker shall be placed in the interior of the motorized vessel where it is immediately visible to the person operating the motorized vessel the larger sticker shall be placed facing out on the exterior of the stern or transom of the motorized vessel, unless the motorized vessel is inflatable and the sticker would not adhere to the surface of the stern. (b) For a motorized vessel sold by a dealer, the dealer shall ensure that both warning stickers have been affixed prior to the completion of the transaction. (c) For a motorized vessel sold by an individual, both stickers shall be included by the Department of Motor Vehicles in the new registration material provided to the new owner, and the new owner of the motorized vessel shall be notified that he or she is required to affix the smaller sticker in the interior of the motorized vessel where it is immediately visible to the operator of the motorized vessel and the larger sticker facing out on the exterior of the stern or transom of the motorized vessel, unless the motorized vessel is inflatable and the sticker would not adhere to the surface of the stern. (d) A warning sticker already developed by the boating manufacturer may satisfy the requirements of this section if it has been approved in advance by the Department of Boating and Waterways. (e) This section shall become operative on May 1, 2005. 684. (a) The Department of Motor Vehicles shall insert the Department of Boating and Waterways' informational brochure and warning stickers about the dangers of carbon monoxide poisoning and boats into the registration renewal materials mailed by the Department of Motor Vehicles to vessel owners for two consecutive two-year registration cycles and, thereafter, upon the recommendation of the Director of Boating and Waterways. These materials shall instruct vessel owners to place the two stickers in the motorized vessel so that the smaller sticker is visible to the person operating the motorized vessel and the larger sticker is facing out on the exterior of the stern or transom of the motorized vessel, unless the motorized vessel is inflatable and the sticker would not adhere to the surface of the stern. (b) This section shall become operative on May 1, 2005. 685. The Department of Boating and Waterways pursuant to subdivision (a) of Section 85.2 may use funds in the Harbors and Watercraft Revolving Fund, created pursuant to Section 85, to administer this chapter and to reimburse the Department of Motor Vehicles for its costs to administer this chapter. SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

Thank you for the post Jeff........M. (Message edited by michale on July 29, 2005)

We got stopped by the Sheriff yesterday. We were weighted and listing to one side and changing riders. The Sheriff flipped his blue lights on and asked us if we were ok. I told him that wee were wakesurfing and was prepared for the "argument" but he was cool. However, he did tell us that our Powerflag was illegal, that the observer MUST have the flag in his/her hand and that the engine MUST me off when someone is entering/leaving the water. This later part seeems consistent with the AB 2222 listed above, but the "Flag must be in the observer's hand" was new to me.

Jeff, Here is the law as cited in the Cal Code of Regulations. Note the word "mounted" seems to me your power flag is Mounted and conforms to the law. §7009. The Ski Flag. SecBut • Note • History (a) A red or orange flag measuring no less than 12 inches on each side, in the shape of a square or rectangle, mounted or displayed in such a manner as to be visible from every direction shall be known as a ski flag. (b) The use of this flag will not be construed as conferring any rights or privileges on its users, and its display will not be construed in itself as restricting the use of the water in the vicinity of the vessel displaying the flag. (c) Operators of vessels will, however, exercise precaution commensurate with conditions indicated. (d) The ski flag shall be displayed when one or more of the following conditions exists. (1) A downed skier. (2) A skier in the water preparing to ski. (3) A ski line extended from the vessel. (4) A ski in the water in the vicinity of the vessel. The ski flag shall not be displayed at any other time. NOTE Authority cited: Sections 652, 658, 658.7 and 659, Harbors and Navigation Code. Reference: Sections 650, 655.3, 658.7 and 659, Harbors and Navigation Code. HISTORY 1. New section filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5). 2. Amendment of subsection (d) substituting “may” for “shall” and new subsection (e) filed 4-2-90; operative 5-2-90 (Register 90, No. 17). 3. Amendment of subsections (a)-(b) and (c) and Note, new subsections (d)(1)-(4) and repealer of subsection (e) filed 10-17-91; operative 11-18-91 (Register 92, No. 30).

Hey Dennis, thanks for the reference. I'd agree with you, the "mounting" seems to make it ok to have the flag on the tower. I just need to carry this with me and flash it to the Sheriff (before he cites me anyway?! <IMG SRC="http://www.wakeworld.com/MB/Discus/clipart/happy.gif" ALT=":-)" BORDER=0> )

Isn't teak surfing when you hold onto the swin deck. I did read wake surfing. Did I miss something?

Sorry, I meant to say I did NOT see wake surfing in the test.