Last August 11th, two more people were added to the list of those killed by a drunk driver in Maine. This time the driver wasn't behind the wheel of a car or a truck but was at the helm of a powerful speedboat, racing around a lake - at night. His 30-foot craft, capable of reaching speeds up to 80 miles per hour, rammed another, smaller boat, slicing it in half. Three days later the bodies of the two victims were found.

The outcry from the public was that nothing like this horrible accident should happen again. Legislators were quick to agree and devised a number of legislative "solutions" to the recent boat fatality problem here in Maine.

Rep. Richard Sykes (R-Harrison) suggested two legislative responses to this tragedy - one was a statewide speed limit for boats, the other was to require all motorboat operators to be above the age of 18.  Both bills were killed in committee.

Rep. Tom Watson, (D-Bath), saw this as an opportunity to step forward with a bill proposing a "motor boater safety certificate" requirement. The new law would require all motor-boaters in Maine to become certified or lose their right to operate in Maine waters. Maine waters include all inland lakes, ponds, rivers and streams and all ocean waters out to three nautical miles. This bill was reported out of committee 9 against, 3 in favor.

Sadly, a safety certificate would not have prevented the accident on Long Lake, just as a driver's license doesn't prevent drunk driving. Common sense cannot be legislated, and it was a lack of common sense and responsible behavior that caused the tragedy last summer.

Still, proponents of this bill and these other "boater safety" bills cite the Long Lake accident and the 12 other boating fatalities that happened in Maine last year as proof that a motorboat license should be mandatory. Again, it is very unlikely that a "motor-boat safety certificate" would have saved any of these people. More than half of the boats involved in fatalities had no motors and would not have required the operator to be certified. The others were for various reasons, mostly small boats capsizing or someone falling overboard into cold water. Alcohol was often involved.

A boat safety course is highly recommended for anyone going out onto the waters of Maine. You will learn things like which side of a nun buoy to be on, how much length you should have on your anchor line and what the different lights on a boat mean. Courses in coastal navigation can teach you about tides, dead reckoning and chart reading. This is important knowledge for those planning on going out to sea. But does every fisherman on every pond in Maine really need this kind of certification?

Safety courses for almost any outside activity can make sense, especially the inherently dangerous ones. However, snowmobiling does not require a license or "safety certificate," nor does white-water canoeing, ocean kayaking, downhill skiing, backpacking, skateboarding or bicycling. These sports are dangerous, even for experts. Should Maine require safety certificates or licenses for every dangerous activity? The enforcers of our laws - the State Police, the Maine warden service and forest rangers are spread quite thin already, protecting us from real threats. Should we add to their duties the checking of boating licenses for the tens of thousands of powerboats registered in Maine?

Boating is part of Maine's heritage. Maine people have been enjoying power boating for generations, without a state-mandated motorboat driver's license.  As with any outdoor activity, there are hazards, but almost all boating accidents can be prevented by a few very basic precautions.

First, don't drive drunk. A drunk driver, whether on the road or on the water, is a true hazard to himself and others. Second, watch the weather. Ocean squalls and sea fog can materialize in minutes, and sudden thunderstorms can rampage across lakes, leaving you completely at the mercy of nature. Third, and perhaps most important, use common sense.

A recent report by the National Academy of Sciences says that Americans are spending significantly more of their free time away from the outdoors.  State and national parks are seeing fewer visitors and the number of people hunting and fishing is declining dramatically. 

With this in mind, there are questions that the legislature needs to ask before enacting this requirement. First, would this new requirement have any effect on boat safety?  Is this the best way to deal with irresponsible boating behavior that in many cases is already against the law? Will the results of this bill be worth the extra regulator burden placed on Maine people before they can use a motorboat?  Is there another way to encourage participation in safety courses?  Will this new requirement lead to safety certificate requirements for other dangerous outdoor sports? What do you think?

  As always, I encourage you to send me your thoughts, ideas, questions and opinions.  You can contact me for more information on this or any other issue at 563-5427 or by email at Jon@JonMcKane.com

Jonathan McKane represents Damariscotta, Newcastle, Bristol, South Bristol, Edgecomb and Monhegan and is serving his second term in the Maine House of Representatives.