Received 2 Citations - have you been hit with the same? Best bet to get dismissed?

[c_hotshot]

Friday afternoon, I got a crew to go out for some surfing. Two buddies who had been with me before, and one brought his 2 sons that had never surfed. So, after the kids watched us, the first one was ready to try. My two buddies were sitting on the Transom giving him guidance. When he fell, I cut the power, threw the Skier Down Flag up with one hand, and turned slowly to proceed slowly to the down rider. During my retrieval, is when the Law Enforcement turned on lights and sirens and came to me. After the complete safety check - which I passed - he proceeded to tell me that I would be receiving two citations.

First was the Driver holding up the Skier Down Flag.

Second was for riders on the transom.

I've looked all across the Texas Parks and Wildlife website - which governs Texas waterways - and was unable to find any mention of these two citations.

Have you ever been hit with the same citations? Were you able to get them dismissed? If so, how?

Thanks for your help!

[Z3CO23]

I've never been cited for the violations but was warned last year by a Colorado State Park Ranger that people sitting on the transom would not be tolerated in any Colorado state parks. I was told that there is going to be a no tolerance policy because of drunk idiots falling off the back of the boat into the surfers path in the past. They said they will cite people for operating their boat unsafely. I've checked with 3 or 4 more Colorado State parks that I've been on this year just to be sure and the answer I was given was "everyone must be seated in the cockpit or designated seating area's of the boat, no exceptions."

Rangers also require a person who is not driving the boat to flag. The State Parks don't have anything in written form about sitting on the transom while underway but definitely articulate that it is required to have 3 people in the boat to engage in water sports activity... ie a designated flagger.

The Rangers in Colorado are really cool for the most part. In Colorado our State Park lakes are pretty much small ponds compared to most bodies of water around the country so they will hammer people who don't comply for safety.

Does the citations you were written actually say the violations were for transom riders and you holding the skier flag or for unsafe practices while boating. I'm just curious if the citations were specific.

[ChrisBarnes05-12-84]

Transom riding will net you a ticket every time here in oklahoma. As far as the flag citation that sounds like a load of bs. I would bet you could get it dropped. But most likely you will have to pay the transom ticket.

[talltigeguy]

Utah state law requires an observer and a flag. I was under the impression that Texas did not have such a law, and some other states don't have a law either.

I once called about fighting a citation regarding a failure to have a 3rd rider, I am positive that the lady on the phone simply held it away from her ear for about .5 seconds, and then said 'the judge says send us half the amount and that will be good'. So in my case, a phone call saved me half the price of the ticket. Legally, unless Texas doesn't have a flag law, I think you are hosed, but sometimes just threatening to fight the ticket might help.

[chpthril]

I got a lighting citation once, way back when. Based on the written law, I was not in the wrong given the location I was anchored and length of my boat. Showed up to court to fight it, with a folder full of pics and papers. DA came over and whispered I was good to go Figured it was not worth the fight.

[4bw]

Skier down flag not required in Texas but I have heard few localities require it, where were you?

[duderdude1]

Never heard of the Flag thing. Its not listed under the Texas Water Safety Act article 31.103 http://www.tpwd.state.tx.us/publicat...l2000_0014.pdf. The occupants thing I have always been told by the game wardens that all occupants must be seated in the cockpit seating area while the vessel is under way. What lake where you on and was it local PD or GW?

[Ewok]

Unless TX recently changed the law regarding skier down flags you should be good there, unless the specific county or lake requires it. The county's here in WA take the state laws a step further and your might too. The transom thing is going to be a clean kill for the cops, just try to get it adjudicated, usually costs twice as much as the regular ticket but it gets wiped off your record.

[rwdavis1]

I am a firefighter in Texas in the Dallas are and patrol the lake on weekends with a Marine Safety officer (Fancy Cop) who does do safety checks on vessels. The Texas law allows them to issue citations for "Operating a vessel in an unsafe manner." Very broad huh! This is where they ding you for sitting on the transom and it is hard to dispute. You will have to basically prove that it is not unsafe to sit there while in motion. As far as the flag goes there is no requirement in Texas to display a flag while engaged in watersports with the exception of diving. I was stopped more than once on Lewisville for my kids walking around on my Regal 360 even though it had a rail around the front. Sorry about the tickets but hopefully you can get rid of at least one of them.

[cpropes2005]

Based on hotshot's profile location I am assuming he was on lake Conroe. This is my home lake and it does have a down skier flag law. From what I have been told it is one of two lakes in Texas that requires it, not sure what the other one was. Never hear that the driver couldn't operate it though. We just leave it up on the tower. I think technically you are supposed to have a spotter raise and lower it but they haven't hassled me about leaving it up. At least not yet.

[cpropes2005]

http://www.sanjacintoriverauthority....egulations.pdf

Special Requirements for Watersports:
(1) The operator of a vessel towing one or more individuals (participants) on water skis, aquaplanes,
or any other towable device, is required to display an orange flag, at least 12” square, whenever
participants are in the water before or after towing. The flag must be conspicuously displayed in a
manner to alert other vessels that participants are in the water adjacent to the displaying vessel,
and shall remain in the displayed position until all participants are back aboard the tow vessel or
are towed at planing speed. The flag is not to be displayed once the vessel, device and participant
have achieved planing speed, but when towing at less than planing speed such as when towing
small children the flag may be displayed.
(2) Either a separate observer is required to be in the tow vessel during watersports activities, or the
vessel must be equipped with a mirror of at least 4” square affixed in a manner to assure that the
operator of the tow vessel has a view of the activities behind the tow vessel. The observer is
responsible for displaying the flag when any participant is in the water, as well as monitoring any
watersports activities while underway. If there is no separate observer, the operator of the vessel
must have onboard a device for raising and lowering the orange flag or allow

[c_hotshot]

Indeed, I was on my home lake - Lake Conroe off the main body in Live Branch just east of the dam.

Citations were specific - "1 - No Skier Down Flag" and "2 - Transom Riding" under Reckless or Negligent operation.

The skier down flag was in my hand - so the officer is citing me incorrectly there.

I saw both of the "Special Requirements" listed above on the TPWD.com - and it does leave a lot of room for interpretation for the transom riding. The flag is clearly a stretch in the interpretation of the law.

I'll give the court a call later this week and see what I can't get reduced / removed. I'll keep ya'll posted.

[M&M]

2000 20ci Missouri Ozarks. In Missouri one cannot sit on the sides or transom of a moving watercraft. M&M

[dmbisbest]

I got stopped up here in Minnesota for people sitting on the transom. No ticket but had to go through all the paces.

He also told me that I needed to have my drivers license with me while operating the boat. I was very surprised to hear that.

[Timmy!]

I wasn't cited for transom riding but pulled over for someone sitting on the sun pad. The Ranger told me that all occupants have to be "inside" of the boat.