Kali's Law - starts September 1

Capt. Craig Copeland
USCG Merchant Marine #2877028



Dear friends and boaters

On September 1, 2019 a new boating law will significantly change boating operations here in Texas.

H,B, 337 (Kali’s Law) An act relating to the use of emergency engine cutoff switches on motorboats.

This law is very specific as to when it applies and very specific as to what is required.


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SECTION BY SECTION ANALYSIS:


SECTION 1. Amends Subchapter D, Chapter 31, Parks and Wildlife Code, by adding Section 31.1071,
as follows:

Sec. 31.1071. OPERATION OF MOTORBOAT WITH EMERGENCY ENGINE CUTOFF
SWITCH. (a) Defines "engine cutoff switch" for purposes of this section.

(b) Prohibits a motorboat operator from operating a motorboat less than 26 feet in
length and equipped by the manufacturer with an engine cutoff switch while the
engine is running and the motorboat is underway without first verifying that the
switch is operational and fully functional and:

(1) if using a lanyard attachment, properly attaching the lanyard, as
appropriate for the specific motorboat, to the operator's body or to the
clothing or personal flotation device being worn by the operator; or

(2) if using a wireless attachment, properly attaching to each individual
on the motorboat an operational man-overboard transmitter.

https://capitol.texas.gov/tlodocs/86R/analysis/pdf/HB00337E.pdf

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LANYARD USE

When the engine is running and the motorboat is underway, the operator of the motorboat must be attached to the cutoff switch at ALL TIMES by a lanyard attached physically to that person.

WIRELESS ATTACHMENT

When the engine is running and the motorboat is underway, the operator of the motorboat, AND EVERY PERSON ON THE BOAT REGARDLESS OF AGE, must also be wearing a wireless attachment. A wireless attachment activates a device mounted at the console which will trigger the cutoff switch killing the motor and causing the boat to come to a stop. The wireless attachment is activated by it becoming wet by submersion or excessive wetness, or when the wireless attachment exceeds a certain distance from the helm receiver.

INTERPRETATION OF THE LAW

The law is not based on speed of the motorboat while underway. If the motorboat’s engine is on and the motorboat is underway, regardless of the speed, the operator of the boat must be connected to the cutoff switch. In some situations, this may cause complications for fishing guides and charter Captains during activities such as downrigging where a boat idles in gear while long lines are submerged under the motorboat towing fishing lures. A typical lanyard often stretches to a distance of about 30 inches, but movement of 8 feet or more from the helm may be required to adjust the downrigger equipment while the boat is moving at 1 mph to 3 mph. If the engine is turned on and the boat is moved any distance, the operator of the boat must be connected to the cutoff switch.

LANYARD LENGTH

There is no wording in the law regarding the length allowed for a lanyard. In theory, the operator of the motorboat may wear a lanyard of the length of his/her choosing so long as it is connected to the cutoff and the operator. Fishing guides and charter Captains may find it necessary to create a custom length to meet the needs of the operator.

UNDERSTANDING DEFINITIONS

The wording of this law is a tiny bit unclear. The phrase “while the engine is running” denotes the engine is ON, but does not denote whether or not the transmission is in gear or the propeller is turning. If the engine is running regardless of whether the transmission is in neutral, forward or reverse, the engine is considered ON.

The phrase “the motorboat is underway” is not defined within the law itself. In marine terms, UNDERWAY is defined as “a vessel not at anchor or aground or made fast to the shore.” Any motorboat not meeting these three criteria is said to be underway and the operator required to be attached to the cutoff switch if the motor is also ON.

Situations requiring the operator be attached to the cutoff switch:
• Motor is on, transmission is in neutral, motorboat is drifting not being propelled by the motor.
• Motor is on, transmission is in forward, motorboat is moving by being propelled by the motor.
• Motor is on, transmission is in reverse, motorboat is moving by being propelled by the motor.

Situations not requiring the operator to be attached to the cutoff switch:
• Motor is on, motorboat is at anchor
• Motor is on, motorboat is tied to the shore
• Motor is on, motorboat is tied to a stump (at anchor)
• Motor is on, motorboat is aground
• Motor is off, motorboat is drifting by wave or by wind
• Electronic trolling motor is being used, motorboat is stationary or underway

I believe the law would have been better worded with the phrase “the motor running, transmission in gear, and the motorboat being underway making way.” This marine phrase translates into the motorboat’s engine is actively used to propel the motorboat by the turning of the propeller.

Regardless, those in Texas who enforce these laws will absolutely be enforcing this law. All persons operating motorboats must comply with this law beginning September 1, 2019. As the law is directed to save persons from injury caused by a turning propeller, hopefully it will save a life.

It is my understanding that HB 337 bill has seen a few but very important recent changes including the addition of "headway speed" as a requirement and who on the boat has to wear a wireless MOB. It really changes things. At least in the "enrolled" version from this link:

https://capitol.texas.gov/tlodocs/86R/billtext/html/HB00337F.HTM


Sec. 31.1071. OPERATION OF MOTORBOAT WITH EMERGENCY ENGINE
CUTOFF SWITCH. (a) In this section, "engine cutoff switch" means
an emergency switch installed on a motorboat that:
(1) is designed to shut off the engine if:
(A) the motorboat operator using a lanyard
attachment activates the switch by falling overboard or otherwise
moving beyond the length of the lanyard; or
(B) the motorboat operator or a passenger using a
wireless attachment activates the switch by falling overboard and
submerging a man-overboard transmitter; and
(2) attaches:
(A) physically to the motorboat operator through
the use of a lanyard worn by the operator; or
(B) wirelessly through the use of a
water-activated man-overboard transmitter worn by the motorboat
operator or any similarly equipped passenger on the motorboat.
(b) A motorboat operator may not operate a motorboat less
than 26 feet in length and equipped by the manufacturer with an
engine cutoff switch while the motorboat is under way and moving at
greater than headway speed without first verifying that the switch
is operational and fully functional and properly attaching the
lanyard or wireless attachment, as appropriate for the specific
motorboat, to the operator's body or to the clothing or personal
flotation device being worn by the operator.
SECTION 2. Section 31.127, Parks and Wildlife Code, is
amended by adding Subsection
(g) to read as follows:
(g) A person who operates a motorboat in violation of
Section 31.1071 commits an offense punishable by a fine of not more
than $200.
SECTION 3. This Act takes effect September 1, 2019.

Just make it easy on yourself, if the big motor is running, wear the lanyard hooked up to the kill switch. The KISS system.

I ordered one of these for the pontoon.

https://www.amazon.com/FLOATING-LAN...&hvtargid=pla-598996197324&psc=1

I got a wireless mob+ system from Fell marine and installed it. Under the old version everyone had to wear a transmitter. 50 bucks a pop for 8 people! New version says only operator has to wear it. I really like the system so far. cost me about 200 bucks.

I think cutoff switches are great, this law is not. Another government intrusion to make someone feel good. It will be close to impossible to enforce. The law of commonsense is all we need. Can't regulate stupid. Just my 2 cents, as a retired law enforcement officer, I will follow the laws of common sense, this law....

Sounds like if i want to run down-riggers and and be able to briefly move around boat that i will need to install the wireless MOB. Are these easy to install?

I think you could argue that if you downrig at the lowest possible throttle setting, this would be headway speed (minimum controllable speed) for your boat and you would not need the kill switch attached.

I don`t want to argue that point on the water so I went wireless. They are not difficult to install. There is one that just clips onto your existing kill switch the Autotether. I went with the Fell MOB+ and it is working well. 4 wires total. Power ground and 2 to the existing kill switch (series or parallel depending on your setup). Hardest part is drilling a brand new 2 inch hole in the helm. The fob has a button on it where you can kill the big motor whenever you want from anywhere on the boat, might come in handy while downrigging or trolling and you hit a snag.

The law is worded such that the operator can use a Lanyard OR a wireless device. It does not, that I have seen, statte they must use both OR that every person on the boat needs to have a wireless device attached to them.

R

Im glad they added the change for us that like to troll and run down riggers.

Ok so who is Kali and what’s the story behind this new law?

If it would have truly helped whoever this Kali is then I’m for it. If it’s just some new feel good law that would not have done anything then I’m not.

She was a teenage passenger that fell overboard and was struck by the propeller on a boat that lost control and spun out. Kill switch wouldn't have saved her.

Thanks Boomer. I believe you are correct. The latest change does not require the kill switch for idle speed (downrigging) if i understand it correctly. It states:

"...cutoff switch while the motorboat is under way and moving at
greater than headway speed..."

On the TPWD website the only reference to "headway speed" is "...(Headway speed-Slow, idle speed, or speed only fast enough to maintain steerage) without creating a swell or wake..". TPWD uses the "No Wake Zone" as an example of headway speed.

I will most likely call a Game Warden to verify but believe you are correct.

to be clear, my boat was not manufactured with one. I'm still good?

So everyone has to wear a wireless device if used, but everyone doesn't have to wear a lanyard connected to the kill switch. That makes a lot of sense. It took some real geniuses to come up with this.

This is another example of a feel good law that imposes restrictions on the masses for what happened to the few(one). I could understand this from a Liberal controlled Legislature, but not in Texas. Maybe we need to research who voted for this monstrosity and decide if maybe they have been stuffing money in their pockets too long and need to be removed in favor of a new generation of crooks..
I'm betting there will be a lot of crying and whining here but at the end of the day, every one of these political sellouts will still be sitting in their big leather chairs at the Capitol, taking money from the highest bidder.

Kill switch WOULD have saved her. The operator was thrown to the bottom of the boat and the boat came around and hit her.

In the articles I read about this they all said that "the boat while in a gradual turn suddenly spun around 180* and Kali was hit by the prop".

IF the boat in a turn suddenly spun out no kill switch attachment would have helped! The motor literally wouldn't have had time to stop spinning in that instance! If the article had said that they "hit something and were tossed and the boat then started doing the circle dance and hit them" then THAT I would have believed...

Is what happened tragic? Sure. Has there been a crazy knee jerk overreaction to this and a "law" made that is unnecessary? Yes.

It is not something that we can really know. The primary driver the Kali incident was a sharp turn at speed in a flats type boat that caused it to "swap ends". The operator was not thrown completely out because they had the helm to hold onto. Kali was on the front with little rail or gunnel to help keep her in the boat. The coastguard tested the boat and found that it and other of similar design are prone to this "end swapping" behavior especially with more weight toward the bow and turned aggressively at speeds greater than 25 mph. The independent testers did not think the craft was safe enough to be considered a recreational vessel.

Would a kill switch have helped? Maybe if it was short enough, and the engine had time to stop but it sounds like it happened very quickly. A stabilizing fin on the back of flats boats like the coast guard testers recommended could have also helped. Or operating the boat more carefully at speed. Or having higher gunnels or extended rails. Or keeping weight off the bow. Or.........

Point is, that this unfortunate death was a lot more complex than kill switches. I largely support the law in its final form, you should wear a kill switch at speed because your boat could hurt someone else if you fall out. I disagree with the path this one took to get there and the earlier versions were completely unbalanced in terms of personal freedoms and societal benefits.

No

What's next requiring seat belts in boats for the driver?

I had to put one on my boat when I brought it here from Texas. Tennessee River is under Coast Guard jurisdiction. They frown upon you not having kill switches. $25 and 1 hour of my time.

yes. Clearly states "and equipped by manufacturer..." so you won't be required to have one.

Most kill switches will stretch to about 3'. If the driver had been thrown to the floor, would the switch have pulled? I know on my duck boats, I shorten the kill switch almost to the point that its a PITA to run. For the simple reason that if you fall out, you'll be in the prop before the switch kills the motor.
I kind of agree that more lives would be saved by making wearing a PFD mandatory. I've been on recovery calls before, it sucks, but not ONE time that I know of has the victim been wearing a PFD. I'm sure there are stories out there but I have never heard of one from a single LEO or first responder.

Yes

Why do you say that? Did you read the law?

my boat does not have one either

I want every fisherman that's running his 225/250 horsepower boat at 70+ mph down the boat lanes at Lake Fork
every hour on Fri-Sat-and Sun Tournaments days when there are up to 2000 entries, trying to weigh in a 15 7/8" bass
to be firmly attached to a kill switch.

I see some guys being off the water until the have a kill switch installed or do it themselves.

Why?

My boat doesn't have a kill switch from the manufacturer and I have no plans to install one.

Jim I agree the Boats lanes are crazy during Tournaments. down around caney point is a place you could die very easy. sooner or later with the HP these boat's are coming out with where going to see a speed limit next,

It is kinda of a silly law and in truth wont effect me, It will be a hard law for LEO to enforce for many bass fisherman since only time I have ever been checked by a game warden is when I am sitting still fishing.

If you have a pleasure boat and spend most of the day running the lake or pulling a tube then it may effect you

Not that its a bad idea, but I'd have that wrapped up in the steering wheel in no time trying to run boat lanes or creek channels at Fork.

Just noticed that the new life vest I have doesn't have a d-ring on it. I wonder why? I guess I will have to put something on there to hook the kill switch lanyard to.

Just wrap it around your leg and hook it. Stays out of the way of your hands and steering wheel.

Marshalls on Lake Worth will have a field day with this... unlike all the other lakes in our area Worth is heavily patrolled. I've been checked out there 6 times this year, only 1 of those was while fishing, the others I was pulled over while running or idling.

I'm going to be honest here, if I'm not in a tournament I dont wear a lifejacket.... I've attached a "wristband" to my kill switch lanyard, slip it on my wrist just before I turn the ignition key to start the boat. Problem solved. On tournament day I can either attach to my lifejacket or utilize the wristband.

I like the law, I do believe it will be hard to enforce.

I just bought the Yamaha Brand. The kill switch lanyard was so short if I wrapped around my wrist I couldn’t Hold the wheel. The Velcro on these can be adjusted for a time saving easy slip over the wrist.

You can bet the GWs will be looking for it. They look for an excuse to write a ticket. I think the state will make a ton of money on this one.

I agree it is silly. I have never been stopped while running. I took the lanyard off my kiil switch because it just got in the way. Most of the time I am fishing I am not wearing anything that I can attach one to. I am just going to stick the end of the lanyard in my pocket when I see a warden. I anticipate that if they see a lanyard then you are probably not getting a ticket.

Get ready for accident/injury reports from boaters when their prop instantly stopped turning while at speed, because they reached a little too far......

Went to the GW this am and asked them about this new law asked them if this applied while I trolled. Was told that if I use my trolling motor then no but if I use my gas engine then YES it had to be woren. Going to take some time to get used to this law as I have never connected my kill switch to myself. The GW also told me that if the manufacture did not put a kill switch on the boat then you do not have to install one.

I bet different GW are going to interpret this law differently when it comes to trolling. To me the law clearly allows it.TPWD should do an official FAQ or guidance on EXACTY how it will be enforced. Otherwise trollers will have to pay lawyers to get out of tickets they never should have gotten in the first place.

Rule is actually pretty clear. If you are at more than headway speed, you have to have it on. That means anything above an idle, it's not rocket science.

I just ordered this one off of amazon... fits all makes and models. If you lost yours like I did.

https://www.amazon.com/gp/product/B009DH47UA/ref=ppx_yo_dt_b_asin_title_o00_s00?ie=UTF8&psc=1

So if my 98 Nissan dousnt have a KS im okay?

Put the coiled cord around your wrist and snap on to one of the coils. It will be "springy and can be easily removed and put back on. The law doesn't say how it has to be attached, so as long as it appears to be attached somewhere on your person, you're legal. Maybe the "feel good" of this thing will eventually calm down.

I think it is pretty clear as written also, but we already have one report from enjoying retirement that the GW says if the big engine is on you gotta wear it. So the confusion is there already. It does not help that there are a lot of old versions of this bills text floating around like the one found by the OP.

Fair enough.
Won't be a problem for me personally, if the big motor is running - I am already hooked up.

Im just going to get a "dummy switch with big red coiled layard"

They sell the switch and lanyard at Academy. Install and don't hook up the wiring. Doubt they will look at the back of the switch.

What part of if your boat wasn't equipped with a kill switch, you don't need one do you not understand?

Did anyone get inspected yesterday in regards to the kill switch law? We were on Lake Georgetown yesterday and didn't see a single GW or lake patrol.

Opening day of Dove season probably had them busy. My wife had 3 pass her on Hwy 79 in East Williamson county heading East. And they weren't pulling boats.
I sure they will get around to it.

There may be legal and/or civil ramifications should you be involved in a boat accident with this option. If you're boat wasn't equipped, you would be better not to use one at all then attempt to fake it.

Got checked on Cedar Creek Lake on Sept. 1st. The first thing the game warden did was look to see if I was hooked up. Then checked life jackets and fire extinguisher. Was a nice guy and very respectful. I expected them all to be out checking dove hunters, but they were on the lake.

How long do you think that they will issue warnings instead of tickets on this law. I have talked to a lot of boaters over the past few weeks and none of them knew about it. Heck, the new Outdoor Annual has all of one sentence in it about the change and it is on page 29 at the bottom. You would think that TPWD would have mentioned it on the cover. Terrible effort to get the word out.

Fewer people knowing about it = more citations.. That's the plan..

TP&W has been doing a public information campaign for a month now. If someone didn't know about it, it's because they live under a rock.

The only time that I have heard about it I was on here. I had to look hard to find it in the annual.

If you lean over that far at speed I would be willing to bet there is alcohol involved. My lanyard is standard length and when hooked to my life vest I can stand up and it not disconnect.

No motors on boats. Global warming you know.

Yes. "....26 ft in length and equipped by the manufacturer with one...."

Confusing, please clarify.

I've been putting a velcro deal on my ankle and clipping it to that while I'm cruising down the lake at 10 mph in the pontoon. It's annoying, but I guess I'll get used to it.

it is what it is ,,,, shut up

Texas law does not require the retrofitting of any vessel that has not come equipped with an ECOS. This does not allow for someone to remove the ECOS if the vessel was originally equipped.

Hello Capt. Copeland,

Full disclosure I work for FELL Marine the makers of the wireless system known as the MOB+. We work closely with the Texas DNR and I called their offices to clarify wireless operation and if passengers are required to wear FOBS as well, as this is mentioned in the text. The answer came back that only the boat operator is required to wear the wireless lanyard and that is how they are enforcing it. They have updated their vessel requirements as shown on this web page:

https://tpwd.texas.gov/fishboat/boat/safety/vessel_requirements/index.phtml

Text from web page
"Texas law requires the operator to properly attach the lanyard or wireless attachment, as appropriate for the specific motorboat, to the operator's body or to the clothing or personal flotation device being worn by the operator."

We appreciate you bringing this matter to everyone's attention.

Thank You,
Paul Petani

I see a 26' bas boat coming out in the near future LOL

I installed a MOB+ on my boat a few months back. It was pretty easy and I like it so far. Nice not to worry about the lanyards.

Why? If it didn't come with one. They don't need one

I keep mine attached at all times and like the law BUT what about when putting boat on trailer? I fish alone most of the time and have to get out and back the trailer in.

I like it. It is forcing me to wear my PFD which is not a bad thing.

Unhook it, hook it back up when you get back in the boat. Pretty simple.

I agree that wearing a PFD is a good idea, however, the law doesn’t require that a kill switch be used WITH a PFD. You can still pilot a boat while NOT wearing a PFD. The lanyard only needs to be afixxed to your person in a manner that it will work.