b'LEGISLATIVE REPORTLEGISLATIVE Tell the U.S. Coast Guard:Lets Throw the Book at Rail Jumpers!ED WELCH // PVA LEGISLATIVE DIRECTORA s prime warm-weather operating sea- interferes with the safe operation of a vessel,tion of a vessel, so as to endanger the life, son approaches, PVA members shouldso as to endanger the life, limb, or property oflimb, or property of a person is liable to the workwiththeirlocalU.S.Coasta person. United States Government for a civil penalty Guard representatives to once again familiar- of not more than $5,000 in the case of a rec-izethemselveswiththeRailJumperSafetyWhenarailjumperisidentified,theCoastreational vessel, or $25,000 in the case of any Amendment. Hopefully, an operator will notGuard can (and should) charge them with a vi- other vessel.have to deal with knuckleheads (almost invari- olation of federal law and assess them a stiff civ-able young males) who think it is cool to jumpil fine! The statute is known as the Rail JumperActually, the maximum civil penalty for a rail from the vessel into the water, but it is prudentSafety Amendment, and PVA was responsiblejumper from a commercial passenger vessel is to be ready in case it happens. for its enactment into law. now $41,093. The Coast Guard adjusted this figure to account for inflation. The higher lev-Here is a video of a fool who jumped from aThe applicable law is found in section 2302(a)el was announced in the Federal Register of ferry into the Hudson River a few years ago of title 46 United States Code. It reads: Jan. 13, 2023.The Coast Guard can levy a substantial civilA person operating a vessel in a negligentFortheRailJumperSafetyAmendmenttofine against a rail jumper because that personmannerorinterferingwiththesafeopera- be of any deterrence, your local Coast Guard officials must know about it and be prepared to invoke itOccasionally, PVA has heard of instancesinwhichCoastGuardpersonnel confessed that they didnt even know that this enforcement tool was in their available arsenal! PVA recommends that you make a copy of this article and share it with your local Coast Guard office. Make sure that they know about the Rail Jumper Safety Amendment.The Coast Guard can also use the same law against a jet ski operator that unsafely buzzes or jumps the wake of a passenger vessel. Back in 1997, PVA placed at the top of its legis-lative wish list enactment of language imposing a federal penalty on rail jumpers and other in-dividuals who interfere with the safe operation of a vessel. We achieved our goal! The necessary language was included in H.R. 2204, the Coast Guard Authorization Act of 1998.On March 19, 1997, Mr. Cornel Martin, then PVAs legislative committee chairman (and lat-er PVA president), testified before the House Subcommittee on Coast Guard and Maritime Transportationabouttheneedforsuchan amendment. Cornel stated, Another activity which endangers the safe operation of our ves-sels, and therefore the lives of our passengers, is what we call rail jumping. More common than most sensible people would guess, this is the practice of voluntarily leaving the vesselgoing overboardwhile the vessel is underway. FOGHORN 22'