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PSA Parker Strip Blue Light Violation $465 fine!

Echo Lodge

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Code Violation HN 652. 5 /d/....

(d) A vessel approaching, overtaking, being approached, or being overtaken by a moving public safety vessel operating with a siren or an illuminated blue light, or a vessel approaching a stationary public safety vessel displaying an illuminated blue light, shall immediately slow to a speed sufficient to maintain steerage only, shall alter its course, within its ability, so as not to inhibit or interfere with the operation of the public safety vessel, and shall proceed, unless otherwise directed by the operator of the public safety vessel, at the reduced speed until beyond the area of operation of the public safety vessel.

This weekend I saw two San Bernardino Sheriff Boats following each other up and down the river. I thought maybe they were training a new deputy. Apparently not the case.

At the sandbar I was talking to a father of two that got a citation for passing a Sheriff's boat that had pulled over another vessel. The father stated he saw the Sheriff's boat with his blue lights on. The boats were near the AZ side of the river. He drove to the center of the river to move around the patrol stop. He was then told to pull over by the second Sheriff's boat where he was issued a citation.

Just a heads up for folks. The father was told by the Deputy they had a zero tolerance enforcement this weekend.

I personally was not aware of this HN code violation. Maybe @BoatCop can give further info!
 

monkeyswrench

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Code Violation HN 652. 5 /d/....

(d) A vessel approaching, overtaking, being approached, or being overtaken by a moving public safety vessel operating with a siren or an illuminated blue light, or a vessel approaching a stationary public safety vessel displaying an illuminated blue light, shall immediately slow to a speed sufficient to maintain steerage only, shall alter its course, within its ability, so as not to inhibit or interfere with the operation of the public safety vessel, and shall proceed, unless otherwise directed by the operator of the public safety vessel, at the reduced speed until beyond the area of operation of the public safety vessel.

This weekend I saw two San Bernardino Sheriff Boats following each other up and down the river. I thought maybe they were training a new deputy. Apparently not the case.

At the sandbar I was talking to a father of two that got a citation for passing a Sheriff's boat that had pulled over another vessel. The father stated he saw the Sheriff's boat with his blue lights on. The boats were near the AZ side of the river. He drove to the center of the river to move around the patrol stop. He was then told to pull over by the second Sheriff's boat where he was issued a citation.

Just a heads up for folks. The father was told by the Deputy they had a zero tolerance enforcement this weekend.

I personally was not aware of this HN code violation. Maybe @BoatCop can give further info!
Poachers!
Well, thanks for the warning and knowledge. Never been in the situation, but at least I know how to legally handle it now.
 

Icky

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I've always been curious about this, in parker you would have to come off plane in most areas. Kinda BS as there's normally plenty of room to go safely past them at a reduced speed instead of being off plane.
 

azsunfun

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I've always been curious about this, in parker you would have to come off plane in most areas. Kinda BS as there's normally plenty of room to go safely past them at a reduced speed instead of being off plane.
i dont do the strip , but sounds like catch 22 , rivers not that wide and a wake by passing boat can effect tie up to another boat for possible violations, on the other hand whats a boater supposed to do if blue lights, lit on cali side and drift to az side? or vice versa, only relating to question at hand!
 

calkid

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I've always been curious about this, in parker you would have to come off plane in most areas. Kinda BS as there's normally plenty of room to go safely past them at a reduced speed instead of being off plane.
That was fine until the roll bar boats came along. Letting them stay on plane could jeopardize the LEO's safety.
 

yz450mm

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The poaching by law enforcement in Parker started the minute @BoatCop left his post.

The dynamic there has changed, and you'd better play by the rules or you're going to get Rick Rolled.

With four different agencies patrolling the waters of the strip, you better have your s*** tight and on point.

Sent from my SM-G998U using Tapatalk
 
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rivergames

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I just got back last night. On Saturday night by the Cienega Public Ramp, there were, 2 water PoPos that were nailing everyone that passed by for this very reason. One would have someone pulled over, then another vessel would pass by on plane and the other PoPo boat would run em down.
 

Icky

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Well if everyone drops to no wake it will be easier to pull them over for a "safety inspection"
 

QC22

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at the reduced speed until beyond the area of operation of the public safety vessel.
This is the only area of clarification I require. I pretty much boat Havasu only these days; how wide is the "area of operation"? Needs defined or they could grab me literally miles away from a blue light. I can see them from all the way across the big basin which is 2.5 miles. I want to comply, but need to know what it is I have to comply with.
 
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2Driver

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Seems reasonable, we pull over for fire and LEO. I figure the water is more of an uncontrolled environment, then add in looky-loos and people obsessed with getting a picture

If I was on the water with someone pulled over and concentrating on the task at hand, it would be good to know I wasn't a sitting duck.

LOL boating regs, you don’t need to know those, its the river.

Agree how they are going about it is 100% chicken shit. Hope they arent surprised when the public losses all respect for them
 
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Dana757

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They’re stopping someone for a safety check just so the other boat can nail people driving past. Chicken shit trap if you ask me.
I’m a life long boaterand have driven past countless cops with someone pulled over without issue. I always give them as much space as possible but never slowed to idle.
Guess I just learned something.
 

RiverDave

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Parker has changed considerably from when Alan was in charge of it.. and in my opinion not for the better.

I know a lot of guys that won’t even boat there anymore because of the hyper enforcement.
 
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bk2drvr

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Parker has changed considerably from when Alan was in charge of it.. and in my opinion not for the better.

I know a lot of guys that won’t even boat there anymore because of they hyper enforcement.
It was over enforced 20 years ago. I couldn't ride my stand up jet ski there without being harassed constantly for being 100 feet from another vessel and 200 feet from shore on a river that is 150' feet wide in some places. Beautiful part of the river but its dragnet and now way too many people.
 
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BoatCop

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That CALIFORNIA Code is unenforceable on the Parker Strip. According to the Interstate Law Enforcement Compact, conduct that is legal in one State, cannot be a violation if conducted in that State. As Arizona does not have a similar law, California can only enforce it, and issue violations, if the action clearly takes place in California Waters. That would require the California Officer to provide exact coordinates of the exact location where the violation took place. They would then have to prove that the exact location was completely within State of California Waters.

While the Compact allows either State to enforce their laws on the entire River, it does not allow them to enforce any law regarding conduct that is NOT a violation, in the State where it occurs. Here is the provision.

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37-620.11. Enactment of compact

The interstate compact for jurisdiction on the Colorado river is enacted into law as follows:

Section I. Concurrent Jurisdiction

A. If conduct is prohibited by two adjoining party states, courts and law enforcement officers in either state who have jurisdiction over criminal offenses committed in a county where the Colorado river forms a common interstate boundary have concurrent jurisdiction to arrest, prosecute and try offenders for the prohibited conduct that is committed anywhere on the boundary water between the two states and concurrent jurisdiction to arrest offenders for prohibited conduct that is committed on any land mass within twenty-five air miles of the Colorado river or within twenty-five air miles of any lake that is formed by or is a part of the Colorado river.

B. This compact does not authorize:

1. Prosecution of any person for conduct which is lawful in the state where it was committed.

2. Any conduct prohibited by any party state.
---------------------------------

The only law regarding operation of vessels in relation to LE Blue lights or stops is ARS 5-391.C, which is directed at the vessel being hailed, not those transiting the area.

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5-391.C - In the enforcement of this chapter, the operator of the watercraft on being hailed by any peace officer shall stop immediately and lay to, or maneuver in such a way as to permit the peace officer to come aboard or alongside. The operator may be ordered ashore to correct any unlawful condition, issued a written warning or written repair order or issued a citation for any violation of this chapter.
-------------------------------

Sounds like a good case for a Boater friendly Attorney.
 

Sherpa

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never heard of this law before... does sound chicken shit of how they're enforcing it
 

Tobester

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I learned about this law last year when I took the online class to get my boaters card. While 98% of the class is obvious for any boater with experience and common sense, I did learn a few things and this was one of them. I only took the class to get my card, so I would be fully compliant if I get pulled over and can check every box. Knowing what to do when the blue lights are on hopefully saves me from an inconvenient stop - If they are trapping boats that are also going slow and complying, then that's some BS.
 

Echo Lodge

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That CALIFORNIA Code is unenforceable on the Parker Strip. According to the Interstate Law Enforcement Compact, conduct that is legal in one State, cannot be a violation if conducted in that State. As Arizona does not have a similar law, California can only enforce it, and issue violations, if the action clearly takes place in California Waters. That would require the California Officer to provide exact coordinates of the exact location where the violation took place. They would then have to prove that the exact location was completely within State of California Waters.

While the Compact allows either State to enforce their laws on the entire River, it does not allow them to enforce any law regarding conduct that is NOT a violation, in the State where it occurs. Here is the provision.

------------------------
37-620.11. Enactment of compact

The interstate compact for jurisdiction on the Colorado river is enacted into law as follows:

Section I. Concurrent Jurisdiction

A. If conduct is prohibited by two adjoining party states, courts and law enforcement officers in either state who have jurisdiction over criminal offenses committed in a county where the Colorado river forms a common interstate boundary have concurrent jurisdiction to arrest, prosecute and try offenders for the prohibited conduct that is committed anywhere on the boundary water between the two states and concurrent jurisdiction to arrest offenders for prohibited conduct that is committed on any land mass within twenty-five air miles of the Colorado river or within twenty-five air miles of any lake that is formed by or is a part of the Colorado river.

B. This compact does not authorize:

1. Prosecution of any person for conduct which is lawful in the state where it was committed.

2. Any conduct prohibited by any party state.
---------------------------------

The only law regarding operation of vessels in relation to LE Blue lights or stops is ARS 5-391.C, which is directed at the vessel being hailed, not those transiting the area.

-------------------------------
5-391.C - In the enforcement of this chapter, the operator of the watercraft on being hailed by any peace officer shall stop immediately and lay to, or maneuver in such a way as to permit the peace officer to come aboard or alongside. The operator may be ordered ashore to correct any unlawful condition, issued a written warning or written repair order or issued a citation for any violation of this chapter.
-------------------------------

Sounds like a good case for a Boater friendly Attorney.
20210801_154153.jpg
 

Wedgy

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Grads, heading straight? to Parker, after double checking the spelling on the issuing Officers name.
 

C-Ya

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Boat Cop basically just showed you how to get out of this ticket……

BUT…… It looks like you have grounds for a civil lawsuit against the Sheriffs Dept because they knew or should have known that this was a unticketable offense, based on what Alan/Boatcop indicated. You would be doing your fellow boaters a favor, since it would put SBSD on notice that this is unenforceable. Don’t let this become the new normal!
 

RichieRich

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I believe the same goes for SeaTow or any tow service. You have to slow down if you are within 150' or something like that
 

Icky

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Curious what kind of boat they were in
 

rivergames

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Says right on the ticket at Pirates Den... which ironically enough is on the AZ side.

RD
Thanks. I missed that. Sounds like they were hitting different spots on the strip on Saturday in regards to the blue light crap
 

azsunfun

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Says right on the ticket at Pirates Den... which ironically enough is on the AZ side.

RD
your right dave it does say pirates and is a california violation code hn652/ section (d) which is reasonable like moving over for someone on side of highway.
 

Echo Lodge

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Says right on the ticket at Pirates Den... which ironically enough is on the AZ side.

RD
I did not get cited. A nice family I met at the sandbar did. I am just passing on a heads up to people that frequent the Strip. If you see blue lights... Stop and go to idle speed. Especially if you see two LEO boats in tandem.
 

Echo Lodge

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Boat Cop basically just showed you how to get out of this ticket……

BUT…… It looks like you have grounds for a civil lawsuit against the Sheriffs Dept because they knew or should have known that this was a unticketable offense, based on what Alan/Boatcop indicated. You would be doing your fellow boaters a favor, since it would put SBSD on notice that this is unenforceable. Don’t let this become the new normal!
Not my ticket... Just doing a PSA. If they want everyone to drop down to idle speed when you see a traffic stop on the water so be it. Just trying to let others know. I have been skiing the Strip my entire life. I was never aware of this violation. Don't care if its enforceable or not. Can't tell you how many times I have passed a LEO Boat doing a stop on the water. I usually slow down to see what's going on. But if I am pulling a skier.... I do not. Guess I will now or do a u turn.
 

BoatCop

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When they do saturation patrols, which I believe this may be, from the reported comment "told by the Deputy they had a zero tolerance enforcement this weekend" and the fact that there were (at least) two SBCSO units on the Strip, when there usually aren't any, they often bring in Deputies from other areas. Lake Arrowhead, Big Bear, etc. plus putting officers on the boats that aren't used to patrolling here. They might not be aware of the provisions of the compact. No excuse, just how it is.

Would be a fairly easy ticket to beat. As I said. Just ask the officer to prove to the court that the violation occurred in California sole jurisdiction. Kinda hard to do, when the Deputy wrote "Pirate's Den /Parker", which are both Arizona locations.
 

Icky

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When they do saturation patrols, which I believe this may be, from the reported comment "told by the Deputy they had a zero tolerance enforcement this weekend" and the fact that there were (at least) two SBCSO units on the Strip, when there usually aren't any, they often bring in Deputies from other areas. Lake Arrowhead, Big Bear, etc. plus putting officers on the boats that aren't used to patrolling here. They might not be aware of the provisions of the compact. No excuse, just how it is.

Would be a fairly easy ticket to beat. As I said. Just ask the officer to prove to the court that the violation occurred in California sole jurisdiction. Kinda hard to do, when the Deputy wrote "Pirate's Den /Parker", which are both Arizona locations.
I'm not sure telling a LEO that he is wrong would help the situation.😁
 

MSum661

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Isn't the Windmill Resort, Earp California, directly right across the river from Pirates Den?
You would think that the SBSD would use something like that for referrence instead of targeting Pirates Den just in case a Court Judge in Barstow had no idea where in Arizona Pirates Den is located exactly. Fishy dealeo.
 
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BoatCop

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I'm not sure telling a LEO that he is wrong would help the situation.😁
I don't mean on the water, at the time of the stop. That's what court is for. All you're doing is making the prosecution prove BEYOND A REASONABLE DOUBT that the Officer had authority AND jurisdiction. Authority, yes. Jurisdiction, no. I really doubt that the officer is going to show up with GPS coordinates and surveyor reports as to the exact location of the dividing line between Arizona and California, on the River, not to mention the exact location of the violation.

NOTE: This applies to certain violations where there is NOT a corresponding law in the adjacent State. Most safety regulations and OUI, criminal offenses, etc. DO cross state lines and can be enforced in waters anywhere on the River, but some laws are unique to one state. Such as the CA law about "No Wake" within a certain distance of docks, beaches, etc., the one being discussed here, and (I'll bet you didn't know this) having a Sound Producing Device (whistle, horn, etc.). Arizona has no laws or rules regarding having a Sound Producing Device on boats. It is required by CA law, but can only be enforced in CA waters. It is also required by Federal Law, and can be enforced by Federal Authorities (USCG) anywhere on the Federal Waterway. But it CANNOT be enforced by CA on AZ waters.*

*Except all the CA cop has to do is wait until he sees you on the CA side, and stop and cite you there.
 

BoatCop

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Isn't the Windmill Resort, Earp California, directly right across the river from Pirates Den?
You would think that the SBSD would use something like that for referrence instead of targeting Pirates Cove just in case a Court Judge in Barstow had no idea where in Arizona Pirates Den is located exactly. Fishy dealeo.
Cites on the River go to the Needles Court. Judges there are pretty familiar with the Strip, due to the number of cites that are written here.
 

traquer

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Wakeboats strike again. Weekdays are always best anyway, just wish all my friends worked for themselves too so they could do it.
 

Icky

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I don't mean on the water, at the time of the stop. That's what court is for. All you're doing is making the prosecution prove BEYOND A REASONABLE DOUBT that the Officer had authority AND jurisdiction. Authority, yes. Jurisdiction, no. I really doubt that the officer is going to show up with GPS coordinates and surveyor reports as to the exact location of the dividing line between Arizona and California, on the River, not to mention the exact location of the violation.

NOTE: This applies to certain violations where there is NOT a corresponding law in the adjacent State. Most safety regulations and OUI, criminal offenses, etc. DO cross state lines and can be enforced in waters anywhere on the River, but some laws are unique to one state. Such as the CA law about "No Wake" within a certain distance of docks, beaches, etc., the one being discussed here, and (I'll bet you didn't know this) having a Sound Producing Device (whistle, horn, etc.). Arizona has no laws or rules regarding having a Sound Producing Device on boats. It is required by CA law, but can only be enforced in CA waters. It is also required by Federal Law, and can be enforced by Federal Authorities (USCG) anywhere on the Federal Waterway. But it CANNOT be enforced by CA on AZ waters.*

*Except all the CA cop has to do is wait until he sees you on the CA side, and stop and cite you there.
I carry a rape whistle, flares(non expired) and a bunch of other crap I'll never use while boating in parker or havasu, just because it's cheap than a ticket. But I didn't know CA couldn't enforce it in AZ waters. I always assumed it was a shared waterway, so they could do whatever they wanted.
 

BoatCop

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I carry a rape whistle, flares(non expired) and a bunch of other crap I'll never use while boating in parker or havasu, just because it's cheap than a ticket. But I didn't know CA couldn't enforce it in AZ waters. I always assumed it was a shared waterway, so they could do whatever they wanted.
Flares and other VDS (Visual Distress Signals) are only required on Coastal Waters or the Great Lakes. No requirement to have them on inland waters.
 

azsunfun

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I don't mean on the water, at the time of the stop. That's what court is for. All you're doing is making the prosecution prove BEYOND A REASONABLE DOUBT that the Officer had authority AND jurisdiction. Authority, yes. Jurisdiction, no. I really doubt that the officer is going to show up with GPS coordinates and surveyor reports as to the exact location of the dividing line between Arizona and California, on the River, not to mention the exact location of the violation.

NOTE: This applies to certain violations where there is NOT a corresponding law in the adjacent State. Most safety regulations and OUI, criminal offenses, etc. DO cross state lines and can be enforced in waters anywhere on the River, but some laws are unique to one state. Such as the CA law about "No Wake" within a certain distance of docks, beaches, etc., the one being discussed here, and (I'll bet you didn't know this) having a Sound Producing Device (whistle, horn, etc.). Arizona has no laws or rules regarding having a Sound Producing Device on boats. It is required by CA law, but can only be enforced in CA waters. It is also required by Federal Law, and can be enforced by Federal Authorities (USCG) anywhere on the Federal Waterway. But it CANNOT be enforced by CA on AZ waters.*

*Except all the CA cop has to do is wait until he sees you on the CA side, and stop and cite you there.
thats interesting no sound device, thats two laws i would be incorrect in, is there quick data base for someone to search, or am i thinking maritime and putting it to the indvidual states?
 

Kachina26

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Cites on the River go to the Needles Court. Judges there are pretty familiar with the Strip, due to the number of cites that are written here.
The citation looks like it was scratched for an appearance in Barstow. I thought that was odd.
 

grumpy88

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The part i dont like is the danger it creates on the strip . Not everybody looks behind them to see whats going on and a nice family might get run over because the guy behind did not anticipate the sudden 50mph change for a patrol boat talking to a jet ski . Or coming around a corner to find a dozen boats at idle speed . Risk versus reward does not seam to favor this law
 
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