Reckless River Safety Is Harmful, but Is it also Illegal?

Often the U.S. Park Police can be found along the riverbanks of the Potomac River handing out fines to boaters for paddling without personal flotation devices (PFDs / life jackets) or helmets. Just as often, people can be heard arguing that no authority can legally fine a person for not wearing a PFD or helmet. Thus, one of the most common legal questions that we receive about whitewater kayaking in Maryland, Virginia, and Washington, DC is the following: Is it really illegal to paddle without PFDs or helmets

Maryland is the jurisdiction that controls the laws regarding the Potomac River, and in Maryland, The State River Safety Law is clear.

First, Maryland designates multiple sections of rivers as white water portions. The white water portions, as listed in The State River Safety Law,describe dozens of river sections, including the often-boated (1) Potomac River from Great Falls to the Chain Bridge, (2) Top/Upper Youghiogheny River, (3) North Branch Potomac River, and (4) Savage River.

Second, The State River Safety Law makes clear that if a person is in a vessel, raft, or tube in any of the white water portions listed therein, then the person is required to wear a U.S. Coast Guard approved Type III or V personal flotation device (PFD) at all times.

Further, if a person is paddling a kayak or covered canoe vessel then the person must wear a safety helmet.

Thus, if you are paddling on one of the various river white water portions, then you must wear a PFD and must wear a helmet (unless you are in an open canoe or raft).

Many boaters continually scoff at the enforcement of these laws by the enforcement agencies (such as the U.S. Park Police and Maryland DNR), and there are certainly more egregiousness behaviors around the river than paddlers not wearing helmets or PFDs; however, complaining about enforcement of a law that codifies an important safety provision is not the most efficient way to suggest other enforcement. While it may not be excessively dangerous for an Olympic kayaker to paddle without a helmet in Class II rapids, consider the fisherman in a recreational kayak who can’t swim or a five-year-old in a canoe without a PFD. For those river users, enforcement of a PFD and helmet law is critical and may save their life. The enforcement agencies should not have to differentiate between experienced and non-experienced boaters. Bottom line: in the Potomac River and other “white water portions” of rivers in Maryland, reckless river safety is indeed illegal.

If you have any questions or concerns about adventures sports or recreation law, call us at (301) 291-5027.