HOUSE BILL No. 5088 September 24, 1997, Introduced by Reps. London, Middleton, Oxender, Gernaat, Hammerstrom, Green, LaForge, DeVuyst and Jelinek and referred to the Committee on Conservation, Environment and Recreation. A bill to promote the safe use of personal watercraft on the waters of this state; to provide for rules relative to the opera- tion of personal watercraft; to provide for the carrying of equipment on such waters and the use of waters of this state for boating; to promote uniformity of laws relating thereto; to pre- scribe the duties and responsibilities of owners and operators of personal watercraft; to prescribe the powers and duties of cer- tain state departments; to provide for the disposition of reve- nue; to provide for penalties; and to repeal acts and parts of acts. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 1. This act shall be known and may be cited as the 2 "personal watercraft act". 3 Sec. 3. As used in this act: 00208'97 VPW 2 1 (a) "Associated equipment" means any of the following that 2 are not radio equipment: 3 (i) An original system, part, or component of a personal 4 watercraft at the time that boat was manufactured, or a similar 5 part or component manufactured or sold for replacement. 6 (ii) Repair or improvement of an original or replacement 7 system, part, or component. 8 (iii) An accessory or equipment for, or appurtenance to, a 9 personal watercraft. 10 (iv) A marine safety article, accessory, or equipment 11 intended for use by a person on board a boat. 12 (b) "Dealer" means a person and an authorized representative 13 of that person who annually purchases from a manufacturer, or who 14 is engaged in selling or manufacturing, 6 or more personal water- 15 craft that require certificates of number under part 801 (marine 16 safety) of the natural resources and environmental protection 17 act, 1994 PA 451, MCL 324.80101 to 324.80199. 18 (c) "Department" means the department of natural resources. 19 (d) "Manufacturer" means a person engaged in any of the 20 following: 21 (i) The manufacture, construction, or assembly of personal 22 watercraft or associated equipment. 23 (ii) The manufacture or construction of components for per- 24 sonal watercraft and associated equipment to be sold for subse- 25 quent assembly. 26 (iii) The importation of a personal watercraft or associated 27 equipment into the state for sale. 00208'97 3 1 (e) "Operate" means to be in control of a personal 2 watercraft while the personal watercraft is under way and is not 3 docked or at anchor or secured in any other manner. 4 (f) "Operator" means the person who is in control or in 5 charge of a personal watercraft while that vessel is underway. 6 (g) "Owner" means a person who claims or is entitled to 7 lawful possession of a personal watercraft by virtue of that 8 person's legal title or equitable interest in a personal 9 watercraft. 10 (h) "Peace officer" means any of the following: 11 (i) A sheriff. 12 (ii) A sheriff's deputy. 13 (iii) A deputy who is authorized by a sheriff to enforce 14 this act and who has satisfactorily completed at least 40 hours 15 of law enforcement training, including training specific to 16 part 801 of the natural resources and environmental protection 17 act, 1994 PA 451. 18 (iv) A village or township marshal. 19 (v) An officer of the police department of any 20 municipality. 21 (vi) An officer of the Michigan state police. 22 (vii) The director and conservation officers employed by the 23 department. 24 (i) "Personal watercraft" means a vessel that meets all of 25 the following requirements: 00208'97 4 1 (i) Uses a motor-driven propeller or an internal combustion 2 engine powering a water jet pump as its primary source of 3 propulsion. 4 (ii) Is designed without an open load carrying area that 5 would retain water. 6 (iii) Is designed to be operated by 1 or more persons posi- 7 tioned on, rather than within, the confines of the hull. 8 (j) "Political subdivision" means any county, metropolitan 9 authority, municipality, or combination of those entities in this 10 state. Whenever a body of water is located in more than 1 polit- 11 ical subdivision, all of the subdivisions shall act individually 12 in order to comply with this part, except that if the problem is 13 confined to a specific area of the body of water, only the polit- 14 ical subdivision in which the problem waters lie shall act. 15 (k) "Slow--no wake speed" means a very slow speed whereby 16 the wake or wash created by the vessel would be minimal. 17 (l) "Use" means operate, navigate, or employ. 18 (m) "Vessel" means every description of watercraft used or 19 capable of being used as a means of transportation on water. 20 (n) "Waters of this state" means any waters within the ter- 21 ritorial limits of this state, and includes those waters of the 22 Great Lakes that are under the jurisdiction of this state. 23 Sec. 5. (1) This act applies to personal watercraft and 24 associated equipment used on waters subject to the jurisdiction 25 of this state. 26 (2) This act, except where expressly indicated otherwise, 27 does not apply to a personal watercraft whose owner is a state or 00208'97 5 1 political subdivision of a state, other than this state and its 2 political subdivisions, that is used principally for governmental 3 purposes and that is clearly identifiable as such. 4 Sec. 7. The department shall be responsible for administra- 5 tion of this act except as otherwise provided in this act. 6 Sec. 9. The department shall promulgate rules authorized by 7 this act pursuant to the administrative procedures act of 1969, 8 1969 PA 306, MCL 24.201 to 24.328. The department shall publish 9 the approved rules in a convenient form. 10 Sec. 11. The department may approve a program to train per- 11 sonal watercraft operators and may issue a safety certificate to 12 those who satisfactorily complete the program. For the purpose 13 of giving the courses of instruction and awarding safety certifi- 14 cates, the department may designate as its agent any person it 15 considers qualified to act in this capacity. A person shall not 16 charge for any instruction given or for the award of safety 17 certificates. 18 Sec. 13. (1) A person shall not operate a personal water- 19 craft on the waters of the state unless each person riding on or 20 being towed behind the personal watercraft is wearing a type I, 21 type II, or type III personal flotation device as described in 22 R 281.1234 of the Michigan administrative code. 23 (2) While operating a personal watercraft equipped by the 24 manufacturer with a lanyard-type engine cutoff switch on the 25 waters of the state, a person shall have the lanyard attached to 26 his or her person, clothing, or personal flotation device as is 27 appropriate for the personal watercraft. 00208'97 6 1 (3) A person shall not operate a personal watercraft on the 2 waters of this state during the period that begins 1/2 hour 3 before and ends 1/2 hour after sunrise. As used in this subsec- 4 tion, "sunset" and "sunrise" mean those times as determined by 5 the national weather service. 6 (4) A personal watercraft shall at all times be operated in 7 a reasonable and prudent manner. Maneuvers that unreasonably or 8 unnecessarily endanger life, limb, or property, including, but 9 not limited to, weaving through congested vessel traffic, jumping 10 the wake of another vessel unreasonably or unnecessarily close to 11 the other vessel or when visibility around the other vessel is 12 obstructed, and swerving at the last possible moment to avoid a 13 collision, constitute reckless operation of a personal water- 14 craft, as provided in section 80147 of part 801 (marine safety) 15 of the natural resources and environmental protection act, 1994 16 PA 451, MCL 324.80147. 17 (5) A person shall not operate a personal watercraft on the 18 waters of the state carrying more persons than the personal 19 watercraft is designed to carry. 20 (6) A violation of subsection (5) is prima facie evidence of 21 reckless operation of a watercraft under section 80147 of the 22 natural resources and environmental protection act, 1994 PA 451, 23 MCL 324.80147. 24 (7) A person operating a personal watercraft on the waters 25 of the state shall not cross within 150 feet behind another 26 vessel, other than a personal watercraft, that is traveling at a 27 speed greater than slow--no wake speed. 00208'97 7 1 (8) A person under the age of 12 shall not operate a 2 personal watercraft on the waters of the state. A person 12 3 through 15 years of age may operate a personal watercraft on the 4 waters of the state only when accompanied by a person 16 years of 5 age or older or without adult supervision when in possession of a 6 department approved boating safety certificate. 7 (9) A person 12 through 15 years of age operating a personal 8 watercraft pursuant to subsection (8) shall present the boating 9 safety certificate issued to him or her upon the demand of a 10 peace officer. 11 (10) The owner of a personal watercraft or a person having 12 charge over or control of a personal watercraft shall not autho- 13 rize or knowingly permit the personal watercraft to be operated 14 in violation of subsection (8). 15 (11) This section does not apply to a performer engaged in a 16 professional exhibition or a person preparing to participate or 17 participating in a regatta, race, marine parade, tournament, or 18 exhibition held in compliance with section 80164 of the natural 19 resources and environmental protection act, 1994 PA 451, MCL 20 324.80164, under a permit issued by the department and at the 21 time and place specified in the permit. 22 Sec. 15. (1) The department may promulgate rules to estab- 23 lish maximum personal watercraft speed limits or to allow unlim- 24 ited personal watercraft speed on the waters of this state. 25 (2) A person operating a personal watercraft in violation of 26 this section is guilty of reckless operation of a personal 27 watercraft punishable as provided in section 80171 of part 801 00208'97 8 1 (marine safety) of the natural resources and environmental 2 protection act, 1994 PA 451, MCL 324.80171. 3 Sec. 17. (1) A dealer of new or used personal watercraft 4 shall offer to each buyer of a personal watercraft a brief boat- 5 ing safety presentation consisting of all of the following: 6 (a) The owner's liability under section 80157 of part 801 7 (marine safety) of the natural resources and environmental pro- 8 tection act, 1994 PA 451, MCL 324.80157. 9 (b) A summary of the marine safety laws that pertain exclu- 10 sively to personal watercraft contained in a document that is 11 prepared by the department of natural resources pursuant to sec- 12 tion 19. 13 (c) A summary of the safety features of the personal water- 14 craft developed by the department of natural resources pursuant 15 to section 19. 16 (d) A summary of available boating safety education 17 opportunities. 18 (2) The information in subsection (1) may be presented in 19 any of the following formats: 20 (a) Video. 21 (b) Written material. 22 (c) Computer program. 23 (3) The dealer shall prepare a form to be signed by the pur- 24 chaser that indicates either that the purchaser received the 25 information required in subsection (1) or that the purchaser 26 refused to receive the information required in subsection (1). 00208'97 9 1 The dealer shall keep a copy of this form in his or her files for 2 3 years. 3 (4) If the purchaser refuses to receive the information 4 offered by the dealer in subsection (1), the dealer shall not 5 issue a title, registration, manufacturer's statement of origin, 6 or a 15-day temporary permit under section 80124 of the natural 7 resources and environmental protection act, 1994 PA 451, 8 MCL 324.80124. 9 (5) This section does not apply to sales of personal water- 10 craft between individuals. 11 Sec. 19. The department of natural resources shall create 12 and make available to dealers of personal watercraft both of the 13 following: 14 (a) A document that summarizes the marine safety laws that 15 pertain exclusively to personal watercraft. 16 (b) A document that summarizes the safety features of per- 17 sonal watercraft. This document may be a generic document and 18 shall not represent the safety features of a particular style or 19 brand of personal watercraft. 20 Sec. 21. If a personal watercraft dealer fails to comply 21 with section 17, he or she is responsible for a state civil 22 infraction and may be fined not more than $250.00 for the first 23 offense, $500.00 for a second offense, and $1,000.00 for each 24 subsequent offense. 25 Sec. 23. Evidence that a personal watercraft dealer com- 26 plies with section 17 is not admissible in an action alleging 00208'97 10 1 damages that result from the use or misuse of a personal 2 watercraft. 3 Sec. 25. (1) Except when traveling at slow--no wake speed, 4 a person who operates a personal watercraft shall maintain a dis- 5 tance of 150 feet from the shoreline in the Great Lakes and their 6 connecting waterways. 7 (2) A person who operates a personal watercraft on the 8 waters of this state in areas not marked by well defined chan- 9 nels, canals, rivers, or stream courses shall operate the vessels 10 in a counter-clockwise fashion to the extent that it is reason- 11 ably possible. These persons and persons being towed on water 12 skis or on a water sled, kite, surfboard, or similar contrivance 13 shall maintain a distance of 100 feet from any dock, raft, buoyed 14 or occupied bathing area, or vessel moored or at anchor, except 15 when the vessel is proceeding at a slow--no wake speed or when 16 water skiers are being picked up or dropped off, if that opera- 17 tion is otherwise conducted with due regard to the safety of per- 18 sons and property and in accordance with the laws of this state. 19 Sec. 27. Upon conviction of a person for a violation of 20 this act, the court may do 1 or more of the following: 21 (a) Impose a fine of not more than $100.00, or imprisonment 22 for not more than 90 days, or both. 23 (b) Require the offender to participate in and complete a 24 Michigan boating basics class as certified by the national asso- 25 ciation of state boating law administrators (NASBLA). 26 (c) Require the offender to participate in and complete a 27 department approved personal watercraft safety course. 00208'97 11 1 Sec. 29. This act does not exempt a personal watercraft 2 operator from complying with part 801 (marine safety) of the nat- 3 ural resources and environmental protection act, 1994 PA 451, MCL 4 324.80101 to 324.80199. 5 Sec. 31. This act takes effect March 1, 1997. 6 Sec. 33. Section 80143 of the natural resources and envi- 7 ronmental protection act, 1994 PA 451, MCL 324.80143, is 8 repealed. 00208'97 Final page. VPW