Thursday, September 15, 2005
Don't let emotions and rage lead to bad boating laws
Bill Cochran
Recent columns
Boating lost a big chunk of its innocence on the terrible night of Aug. 20 when a 38-foot, high-performance craft slammed into a cabin cruiser in the darkness of a Smith Mountain Lake Saturday night. The two, highly regarded occupants of the cruiser were killed and the sport of boating was dealt a crippling blow.
Officials of the Virginia Department of Game and Inland Fisheries say the Donzi 38ZR high-performance boat, powered by two engines each capable of 500-hp, struck the cabin cruiser from behind at more than 60 mph. The Donzi, according to DGIF officials, was driven by a 45-year old marina owner who has been charged with two counts of manslaughter.
Officials say alcohol, prescription drugs and excessive speed are considered to be factors in the collision. Just over a year ago, the high-performance driver was convicted of reckless operation of a motorboat and attempting to elude authorities.
Twenty-thousand acre Smith Mountain Lake already had the reputation of being the most dangerous place in the state to boat, accounting for nearly 38-percent of all of Virginia’s boating accidents. This crash thrust the lake’s boating fraternity into turmoil, in some cases pitting boater against boater.
“Something needs to be done,” has been the battle cry.
But what?
Last week about 300 people, mostly lake residents, squeezed into a church near the lake to talk with DGIF officials and state legislators about what one boater described as a “Wake-up call.”
One-by-one participants approached the mike urging speed limits, mandatory education, driver permits, age restrictions, noise levels, horsepower limits and more wardens.
As I respectfully listened, I wondered: Would any of these abate tragedy when someone is intent on roaring up the night-shrouded lake at 60 mph and failing to see something as big as a 32-foot Wellcraft 3200 Martinique that weighs 11,000 pounds and is spacious enough to sleep six?
The DGIF, the legislators, the boating public and the media involved in this tragedy must weigh carefully the folly allowing emotion and rage to rush cumbersome restraints on boating that will accomplish nothing more than relieving the sport of some of the freedoms that made it attractive.
We have only to look at the 2005 General Assembly for an example of an ill-advised regulation -- one introduced by Sen. Steve Newman, R-Lynchburg -- which mandates when wardens must be on Smith Mountain Lake, forcing DGIF to reduce patrols at some of the lake’s busiest boating periods.
At this point, the primary need of boating on Smith Mountain is not more laws, but more law enforcement to address the current laws. This can be done by providing wardens greater funding, adequate manpower and better equipment. Speed limits, licensing and horsepower restrictions should be well down on the things-to-do list.
DGIF officials say they need at least 10 more wardens around the lake to patrol its 20,000 acres. That’s going to cost big bucks. Where will the funds come from?
The first place to look is to shore up boating money that is lost to the General Fund, which can amount to $1.5 million annually. In the past, elected officials too often have looked upon the DGIF as a second-class citizen and robbed the agency’s funding. All of the Watercraft Sales and Use Tax should go to boating.
Beyond that, counties, such as Bedford and Franklin, which benefit financially from boats and boat owners, need to contribute more to on-water law enforcement and safety. Franklin has taken a step in that direction by offering land on the lake where DGIF can build a regional office with warden staffing and water access.
Watercraft registration fees need to be examined. Should a 38-foot high-performance boat that weighs 8,370 pounds and costs several hundred-thousand dollars, for example, pay less than $13 annually for registration?
The Smith Mountain Lake Association has created a Water Safety Task Force to study safety issues and work with DGIF and legislators. Its members include highly qualified people with admirable records of service, but the group needs to also include some younger people and transit boaters who live off the lake. Lakeshore residents have to be careful not to flaunt the attitude that just because they own a high-priced house at the lake’s edge that they own the lake and can decide how it is to be used.
People have different ideas of how the water should be enjoyed, and as long as they are safe, courteous, respectful and law abiding they should be respected.
I liked what Col. Gerald Massengill, DGIF interim director, said at last week’s meeting: “It is important that we think in a common sense way. The move we make needs to be based on fact, common sense and practicability.”
