Article by Capt. Steve Katz
Is your boat under 26 feet?
A law, passed by congress in 2018 required boat builders to install an Emergency Engine Cut-Off Switch (ECOS) once referred to as a kill switch, on boats less than 26 feet of length and producing 115 lbs. or more of static thrust (~ 2-3hp). Note this could also include an electric motor or any other propulsion devices.
In conjunction with the above manufacturer law, On April 1, 2021, a new federal law went into effect that REQUIRES the operator of a boat less than 26 feet with an installed Engine Cut-Off Switch (ECOS) to USE the ECOS system. Yes, that coiled bungee cord lanyard that is just hanging on your helm now needs to be clipped to the operator's person, Personal Floatation Device (PFD) or clothing.
“This is probably one of the larger boating safety legislation to hit recreational boating in a while,” said Scott Croft, vice president of public affairs for the Boat Owners Association of The United States (BoatUS).
Even though it is just becoming a law this spring, most US boat manufacturers have voluntarily installed an ECOS on their boats for decades.
The USCG reports “Each year the Coast Guard receives reports of recreational vessel operators who fall or are suddenly and unexpectedly thrown out of their boat. These events have led to injuries and deaths. During these incidents, the boat continues to operate with no one in control of the vessel, leaving the operator stranded in the water as the boat continues on course, or the boat begins to circle the person in the water eventually striking them, often with the propeller. These dangerous runaway vessel situations put the ejected operator, other users of the waterway, and marine law enforcement officers and other first responders in danger.”
“The Coast Guard believes that the overwhelming majority of recreational vessels produced for decades have had an ECOS installed,” said agency spokespersons in a press statement. “So, this new use requirement simply obligates recreational vessel operators to use critical safety equipment already present on their boat.”
An engine Emergency Engine Cut-Off Switch (ECOS) is that small switch at the helm, often near the engine control panel that has a clip-on coiled cord, usually red, that is designed to be attached to the operator of the boat. Properly worn, if the operator of the vessel fell overboard or otherwise moved away from the helm, the lanyard would pull away from the engine cut off switch and stop the engine and therefore the boat from continuing to operate without a person at the helm. This also includes a ECOS on the outboard motor itself if the vessel is operated by a tiller.
There are also electronic wireless tethers that can serve the same purpose of the physical lanyard and may meet the requirements of the law. These devices use an electronic “fob” that is carried by the operator and senses when it is submerged in water, activating the ECOS and turning the engine off. Wireless devices are available on the aftermarket and are beginning to become available as manufacturer-installed options.
This new law has many parts and may be a little confusing to some, here are some details that may help you understand the details:
This is a Federal law that applies to all vessels smaller than 26 feet on all "Navigable Waters of the US". As this is a federal law, states do not have the ability to enforce the regulation. However, currently seven states, Alabama, Arkansas, Illinois, Louisiana, Nevada, New Jersey, and Texas, have their own ECOS laws. Forty-four states have the same kinds of regulations for personal watercraft.
An individual operating a covered recreational vessel shall use an engine cut-off switch link while operating on plane or above displacement speed. The engine cut-off switch does not need to be worn when the vessel is idling, performing docking maneuvers, trolling and operating in no-wake zones.
If the boats’ primary helm is inside an enclosed cabin it is not required to have or use an Engine Cut-Off Switch.
This new law applies only to recreational vessels, so it does not apply to law enforcement vessels or other government-owned vessels. There does not seem to be an exemption for a “commercial” vessel.
For the boats built AFTER January 1, 2020 that are required to have an ECOS, the proper operation of the ECOS must be tested and maintained by the owner for the life of the boat.
The installation requirement applies to manufacturers, distributors and dealers of “covered recreational vessels” built AFTER Jan 1, 2020. For those boats, an Engine Cut-Off Switch must be installed, and the owner is required to maintain it. There does not appear to be a requirement for an owner to install a ECOS if for some reason the manufacturer, distributors and dealers did not install a ECOS on a boat built after January 2020.
If your boat was built BEFORE January 1, 2020 and it came with an ECOS, you MUST use it.
If your boat was built BEFORE January 1, 2020 and does NOT have an ECOS, you do NOT need to install one, though it is a good idea and recommended by the USCG.
Under the federal law, operators who fail to follow the new requirement can face civil penalties up to $100 for the first offense.
The above information is provided as guidance to boaters and is not legal advice. For additional details please refer to the USCG website at www.uscgboating.org or contact the USCG directly.
