Negligent and grossly negligent operation
Operating the boat & enforcement · Power & sail
Federal law penalizes operating a boat negligently, or interfering with its safe operation, in a way that endangers life, limb or property. Grossly negligent operation is a federal crime, and a felony when it causes serious bodily injury (46 U.S.C. 2302(a), (b)). It applies to whoever is operating, on any vessel.
- Penalty amounts in older guides, including some state handbooks, are out of date: the Coast Guard raises the federal maximums for inflation every year (33 CFR 27.3).
- The felony tier for gross negligence causing serious bodily injury is new, so older guides will not mention it.
- BoatUS lists operating too close to other vessels and running at an unsafe speed for the conditions among the kinds of operation to avoid.
What the law covers
- Operating negligently, or interfering with the safe operation of a vessel, so as to endanger someone's life, limb or property can bring a federal civil penalty (46 U.S.C. 2302(a)).
- Grossly negligent operation that endangers life, limb or property is a class A misdemeanor (46 U.S.C. 2302(b)(1)).
- Grossly negligent operation that results in serious bodily injury is a class E felony and can also bring a civil penalty. This tier was added by the Coast Guard Authorization Act of 2025 (46 U.S.C. 2302(b)(2)).
- The statute lists no specific acts. Coast Guard guidance says the examples below may be negligent or grossly negligent depending on the circumstances.
Examples the Coast Guard gives
- Operating in a swimming area.
- Operating while under the influence of alcohol or drugs.
- Excessive speed near other vessels, in a designated channel, or in dangerous waters.
- Hazardous water-skiing practices.
- Operating in a clearly dangerous area.
- Letting people ride on the bow, seatbacks, gunwales or transom.
Penalties
- Negligent operation of a recreational boat can bring a civil penalty; the Coast Guard raises the maximum for inflation every year and lists it in 33 CFR 27.3 (46 U.S.C. 2302(a)).
- Gross negligence is prosecuted as a crime: a class A misdemeanor, or a class E felony if it results in serious bodily injury (46 U.S.C. 2302(b)).
- The boat itself can be held liable for a penalty under this section (in rem), so the penalty can attach to the vessel (46 U.S.C. 2302(d)).
- States have their own reckless and negligent operation laws with separate penalties.
The rules: 46 U.S.C. 2302 · 33 CFR 27.3
Sources (7)
law.cornell.edu · ecfr.gov · federalregister.gov · navcen.uscg.gov · dnr.maryland.gov · boatus.org · govinfo.gov
A plain-language summary of federal rules for recreational boats, checked against the rules’ own text and a second source, and written in our own words. It isn’t legal advice. States add rules of their own, and rules change — the links above go to the current official text.