January 25, 2007, Introduced by Reps. Bieda, Wojno, Miller, Palmer and Acciavatti and referred to the Committee on Tourism, Outdoor Recreation and Natural Resources.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 80122, 80144, 80145, 80146, 80149, 80151,
80152, 80155, 80180, 80198b, 80205, and 80209 (MCL 324.80122,
324.80144, 324.80145, 324.80146, 324.80149, 324.80151, 324.80152,
324.80155, 324.80180, 324.80198b, 324.80205, and 324.80209),
sections 80122, 80144, 80145, 80146, 80149, 80151, 80155, and
80198b as added by 1995 PA 58, section 80152 as amended by 1999 PA
19, section 80180 as amended by 1996 PA 174, section 80205 as
amended by 2004 PA 27, and section 80209 as added by 2000 PA 229.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 80122. (1) Except as otherwise provided in this part, a
person shall not operate or give permission for the operation of a
vessel of any length on the waters of this state unless the fees
prescribed in section 80124 for the vessel are paid, the
certificate of number assigned to the vessel is on board and is in
full force and effect, and, except for the following, the
identifying number and decal are displayed on each side of the
forward half of the vessel in accordance with this part and the
rules promulgated by the department under this part:
(a) A decal and identifying numbers for a wooden hull and
historic vessel as that term is defined in section 80124 may be
displayed in the manner described in section 80126(2).
(b) A decal for an inflatable boat may be displayed on the
transom of the boat.
(2) If a vessel is actually numbered in another state of
principal use in accordance with a federally approved numbering
system, it is in compliance with the numbering requirements of this
state while it is temporarily being used in this state. This
subsection applies to a vessel for which a valid temporary
certificate is issued to the vessel's owner by the issuing
authority of the state in which the vessel is principally used.
(3) If a vessel is removed to this state as the new state of
principal use, a number awarded by any other issuing authority is
valid for not more than 60 days before numbering is required by
this state.
(4) A person who violates this section is responsible for a
state civil infraction and may be ordered to pay a civil fine of
not more than $500.00.
Sec. 80144. (1) When vessels are being operated in such a
manner
as to make collision imminent or likely, the following rules
apply:
(a) When 2 vessels are approaching each other head-on, or
nearly so, the operator of each shall cause his or her vessel to
pass on the port side of the other.
(b) When overtaking a vessel proceeding in the same direction,
the operator of the overtaking vessel, unless it is not feasible to
do so, shall pass on the port side of the vessel ahead.
(c) When 2 vessels are approaching each other at right angles
or obliquely so as to involve risk of collision, other than when 1
vessel is overtaking another, the operator of the vessel that has
the other on his or her own port side shall hold his or her course
and speed, and the operator of the vessel that has the other on his
or her own starboard side shall give way to the other by directing
his or her course to starboard so as to cross the stern of the
other vessel or, if necessary to do so, shall slacken his or her
speed, stop, or reverse.
(d) When a motorboat and a vessel under sail are proceeding in
a manner that involves a risk of collision, the operator of the
motorboat shall give way to the vessel under sail.
(e) When a motorboat and a vessel not propelled by sail or
mechanical means are proceeding in a manner that involves risk of
collision, the operator of the motorboat shall give way to the
other vessel.
(f) When, by any of the rules provided in this section, the
operator of a vessel is required to give way to the other, the
operator of the other vessel shall maintain his or her direction
and speed.
(2) This section does not relieve the operator of a vessel
otherwise privileged by this section from the duty to operate with
due regard for the safety of all persons using the waters of this
state.
(3) A person who violates this section is responsible for a
state civil infraction and may be ordered to pay a civil fine of
not more than $500.00.
Sec. 80145. A person operating or propelling a vessel upon the
waters of this state shall operate it in a careful and prudent
manner and at such a rate of speed so as not to endanger
unreasonably the life or property of any person. A person shall not
operate any vessel at a rate of speed greater than will permit him
or her, in the exercise of reasonable care, to bring the vessel to
a stop within the assured clear distance ahead. A person shall not
operate a vessel in a manner so as to interfere unreasonably with
the lawful use by others of any waters. A person who violates this
section is responsible for a state civil infraction and may be
ordered to pay a civil fine of not more than $500.00.
Sec. 80146. (1) The department may promulgate rules to
establish maximum motorboat speed limits or to allow unlimited
motorboat speed on the waters of this state.
(2) On waters of this state for which a motorboat speed limit
is not established under subsection (1), on any waters for which
the department has not established an unlimited motorboat speed
limit, or on any waters for which stricter speed restrictions are
not established pursuant to an act, a maximum speed limit of 55
miles per hour is established, except in an emergency and except
for authorized peace and conservation officers when engaged in
official
duties. The maximum speed limit of 55 miles per hour shall
does not apply to the Great Lakes and Lake St. Clair, except for an
area within 1 mile of the shoreline measured at a right angle from
the shoreline. Upon receipt of a resolution by the governing body
of a local unit of government having jurisdiction over waters of
this state requesting a reduction in the maximum speed limit on
those waters, the department, pursuant to sections 80108 to 80113,
may establish a maximum speed limit not to exceed 40 miles per hour
on those waters.
(3) A person shall not operate a motorboat on the waters of
this state at a speed greater than slow—no wake speed or the
minimum speed necessary for the motorboat to maintain forward
movement when within 100 feet of the shoreline where the water
depth is less than 3 feet, as determined by vertical measurement,
except in navigable channels not otherwise posted.
(4) Except as provided in subsections (5) and (6), a person
who violates subsection (2) or (3) is responsible for a state civil
infraction and may be ordered to pay a civil fine of not more than
$500.00
(5) (4)
A person operating a motorboat in violation of this
section is guilty of reckless operation of a motorboat punishable
as provided in section 80171.
(6) (5)
The department may waive the
requirements of this
section and section 80156 for marine events authorized by the
department under section 80164.
Sec. 80149. Persons operating vessels on the waters of this
state in areas not marked by well defined channels, canals, rivers,
or stream courses shall operate the vessels in a counter-clockwise
fashion to the extent that it is reasonably possible. These persons
and persons being towed on water skis or on a water sled, kite,
surfboard, or similar contrivance shall maintain a distance of 100
feet from any dock, raft, buoyed or occupied bathing area, or
vessel moored or at anchor, except when the vessel is proceeding at
a slow—no wake speed or when water skiers are being picked up or
dropped off, if that operation is otherwise conducted with due
regard to the safety of persons and property and in accordance with
the laws of this state. A person who violates this section is
responsible for a state civil infraction and may be ordered to pay
a civil fine of not more than $500.00.
Sec.
80151. (1) An operator of any A person operating a vessel
shall not have in tow or otherwise be assisting in the propulsion
of a person on water skis or on a water sled, surfboard, or other
similar contrivance during the period of 1 hour after sunset to 1
hour
prior to sunrise. Any
(2)
A person permitting shall not permit himself or herself to
be towed on water skis or on a water sled, surfboard, or similar
contrivance
in violation of this part. is guilty of a misdemeanor.
(3) A person who violates this section is responsible for a
state civil infraction and may be ordered to pay a civil fine of
not more than $500.00.
Sec. 80152. (1) Except as otherwise provided in this section,
a person shall not operate a vessel on the waters of this state if
he or she is towing or otherwise assisting a person on water skis
or on a water sled, aquaplane, surfboard, or other similar
contrivance unless a person capable of communicating to the vessel
operator the condition and needs of the person being towed or
assisted is on board the vessel and positioned to observe the
person being towed or assisted. A person who violates this
subsection is responsible for a state civil infraction and may be
ordered to pay a civil fine of not more than $500.00.
(2) Subsection (1) does not apply to vessels used by duly
constituted ski schools in the giving of instructions or to vessels
used in sanctioned ski tournaments, competitions, expositions, or
trials. Vessels described in this subsection shall be equipped with
a 170-degree wide-angle rearview mirror affixed in a manner that
will permit the operator to observe the progress of the person
being towed.
(3)
This section Subsection
(1) does not apply to motorboats
less than 16 feet in length actually operated by the person being
towed and so constructed as to be incapable of carrying the
operator in or on the motorboat.
(4) Subsection (1) does not apply to a vessel operator who is
towing a person preparing for a specific water ski tournament if
all of the following conditions are met:
(a) The vessel operator is certified as provided in subsection
(5).
(b) The person being towed is certified as provided in
subsection (6).
(c) Towing is conducted so that, on average, not more than 1
vessel approaches within 300 feet of the towing vessel during any
5-minute period.
(d) The vessel is equipped with all of the following:
(i) A center-mounted tow pylon.
(ii) A large clear rearview mirror capable of allowing the
vessel operator to distinguish hand signals at a distance of 75
feet.
(iii) Markings that identify the vessel as a vessel that is
being operated in conformance with this subsection.
(5) The department shall adopt standards for water ski
tournament boat operation established by U.S.A. water ski in
"Trained Boat Driver Program", April 1997, and by the American
water ski association in "Drivers' Policy Manual". However, the
department may promulgate rules providing for alternative standards
under the administrative procedures act of 1969, 1969 PA 306, MCL
24.201 to 24.328. The department shall certify each individual who
satisfies the standards described in this subsection as a
tournament water ski vessel operator and issue proof of that
certification to the individual.
(6) The department shall adopt standards for tournament water
skiers established by the Michigan water ski association in
"Guidelines for Training Permit Eligibility", proposed revision 125
of 1996. However, the department may promulgate rules providing for
alternative standards under the administrative procedures act of
1969, 1969 PA 306, MCL 24.201 to 24.328. The department shall
certify each individual who satisfies the standards described in
this subsection as a tournament water skier and issue proof of that
certification to the individual.
(7) The Michigan water ski association shall provide annually
to the department and the Michigan sheriffs association both of the
following:
(a) A list of the individuals whom the organization considers
qualified for tournament water skiing.
(b) The names of not more than 3 bodies of water on which each
of those individuals may be authorized to practice for tournament
water skiing.
(8) The department shall specify the body or bodies of water
upon which a water skier may practice upon each certificate issued
under subsection (6).
Sec. 80155. Any person diving or submerging in any of the
waters of this state with the aid of a diving suit or other
mechanical diving device shall place a buoy or boat in the water at
or near the point of submergence. The buoy or boat shall bear a red
flag not less than 14 inches by 16 inches with a 3-1/2 inch white
stripe running from 1 upper corner to a diagonal lower corner. The
flag shall be in place only while actual diving operations are in
progress. A vessel shall not be operated within 200 feet of a
buoyed diver's flag unless it is involved in tendering the diving
operation. A person diving shall stay within a surface area of 100
feet of the diver's flag. A person who violates this section is
responsible for a state civil infraction and may be ordered to pay
a civil fine of not more than $500.00.
Sec. 80180. (1) A peace officer, without a warrant, may arrest
a person if the peace officer has reasonable cause to believe that
the person was, at the time of an accident, the operator of a
vessel involved in the accident in this state while in violation of
section 80176(1), (3), (4), or (5) or a local ordinance
substantially corresponding to section 80176(1) or (3).
(2) A peace officer who has reasonable cause to believe that a
person was operating a vessel on the waters of this state, and
that, by the consumption of intoxicating liquor, the person may
have affected his or her ability to operate a vessel, may require
the person to submit to a preliminary chemical breath analysis. The
following apply with respect to a preliminary chemical breath
analysis:
(a) Only a peace officer who has successfully completed a
training course taught by a state-certified instructor in the
administration of the preliminary chemical breath analysis may
administer that test.
(b) A peace officer may arrest a person based in whole or in
part upon the results of a preliminary chemical breath analysis.
(c) The results of a preliminary chemical breath analysis are
admissible in a criminal prosecution for a crime described in
section 80187(1) or in an administrative hearing solely to assist
the court or hearing officer in determining a challenge to the
validity of an arrest. This subdivision does not limit the
introduction of other competent evidence offered to establish the
validity of an arrest.
(d) A person who submits to a preliminary chemical breath
analysis remains subject to the requirements of sections 80187 to
80190 for the purposes of chemical tests described in those
sections.
(e) A person who refuses to submit to a preliminary chemical
breath analysis upon a lawful request by a peace officer is
responsible for a state civil infraction and may be ordered to pay
a
civil fine of not more than $100.00 $500.00.
(3) A peace officer making an arrest under this part shall
take measures to assure that the vessel and its occupants are
safely returned to shore.
(4) If, within 60 days after the issuance of a citation for a
state civil infraction under this section, the person to whom the
citation is issued is not charged with a violation of section
80176(1), (3), (4), or (5) or a local ordinance substantially
corresponding to section 80176(1) or (3), the citation issued for
the state civil infraction is void. Upon application of the person
to whom the citation is issued, money paid by the person as a fine,
costs, or otherwise shall be immediately returned.
Sec. 80198b. (1) The owner or person in charge of a bathing
beach maintained primarily for public use shall not knowingly
permit a person to bathe or swim from the bathing beach unless
buoys outlining a safe bathing or swimming area are established in
accordance with section 80159.
(2) A person who is bathing or swimming from a bathing beach
maintained primarily for public use shall not bathe or swim in
waters that are within 100 feet beyond the buoyed bathing or
swimming area. This subsection does not apply to persons swimming
from adjacent privately owned beaches that are not open to the
general public.
(3) A person who violates this section is responsible for a
state civil infraction and may be ordered to pay a civil fine of
not more than $500.00.
Sec.
80205. (1) Until 5 years after the effective date of the
2004
amendatory act that amended this section March 16, 2009,
except as otherwise provided in this section, a person shall not
operate a personal watercraft on the waters of this state unless
each person riding on or being towed behind the personal watercraft
is wearing a type I, type II, or type III personal flotation device
as described in R 281.1234 of the Michigan administrative code.
(2)
Beginning 5 years after the effective date of the 2004
amendatory
act that amended this section March
16, 2009, except as
otherwise provided in this section, a person shall not operate a
personal watercraft on the waters of this state unless each person
12 years of age or older riding on or being towed behind the
personal watercraft is wearing a type I, type II, or type III
personal flotation device as described in R 281.1234 of the
Michigan administrative code.
(3)
Beginning 5 years after the effective date of the 2004
amendatory
act that amended this section March
16, 2009, a person
shall not operate a personal watercraft on the waters of this state
unless each person on board or being towed by the personal
watercraft who is less than 12 years of age is wearing a type I or
type II personal flotation device as described in R 281.1234 of the
Michigan administrative code.
(4) A person shall not operate a personal watercraft on the
waters of this state unless each person on board the personal
watercraft is wearing a personal flotation device that is not
inflatable.
(5) A person shall not operate a personal watercraft on the
waters of this state if a child who is under 7 years of age is on
board or being towed behind the personal watercraft unless the
child is in the company of his or her parent or guardian or a
designee of the parent or guardian.
(6) While operating a personal watercraft equipped by the
manufacturer with a lanyard-type engine cutoff switch on the waters
of this state, a person shall have the lanyard attached to his or
her person, clothing, or personal flotation device as is
appropriate for the personal watercraft.
(7) A person shall not operate a personal watercraft on the
waters of this state during the period that begins 1 hour before
sunset and ends at 8 a.m. As used in this subsection, "sunset"
means that time as determined by the national weather service.
(8) A person operating a personal watercraft on the waters of
this state shall not cross within 150 feet behind another vessel,
other than a personal watercraft, unless the person is operating
the personal watercraft at slow--no wake speed. A person who
violates this subsection is responsible for a state civil
infraction and may be ordered to pay a civil fine of not more than
$500.00.
(9) A person shall not operate a personal watercraft on the
waters of this state where the water depth is less than 2 feet, as
determined by vertical measurement, unless 1 or both of the
following circumstances exist:
(a) The personal watercraft is being operated at slow--no wake
speed.
(b) The personal watercraft is being docked or launched.
(10) A person who violates subsection (9) is responsible for a
state civil infraction and may be ordered to pay a civil fine of
not more than $500.00.
(11) (10)
A person shall operate a personal watercraft in a
reasonable and prudent manner. A maneuver that unreasonably or
unnecessarily endangers life, limb, or property, including, but not
limited to, all of the following, constitutes reckless operation of
a personal watercraft under section 80208:
(a) Weaving through congested vessel traffic.
(b) Jumping the wake of another vessel unreasonably or
unnecessarily close to the other vessel or when visibility around
the other vessel is obstructed.
(c) Waiting until the last possible moment before swerving to
avoid a collision.
(12) (11)
A person shall not operate a personal watercraft on
the waters of this state carrying more persons than the personal
watercraft is designed to carry.
(13) (12)
A violation of subsection (11) (12) is prima facie
evidence of reckless operation of a watercraft under section 80208.
(14) (13)
A person operating a personal watercraft in excess
of the speeds established under part 801 is guilty of reckless
operation of a personal watercraft under section 80208.
(15) (14)
This section does not apply to a performer engaged
in a professional exhibition or a person preparing to participate
or participating in a regatta, race, marine parade, tournament, or
exhibition held in compliance with section 80164 under a permit
issued by the department and at the time and place specified in the
permit.
(16) (15)
The department shall annually prepare and submit to
the standing committees of the senate and house of representatives
with primary jurisdiction over marine safety issues an accident
report related to the use of personal watercraft, the types of
personal flotation devices that were being used, and the injuries
that resulted.
Sec. 80209. (1) Except when traveling at slow--no wake speed
perpendicular to the shoreline, a person who operates a personal
watercraft on 1 of the Great Lakes that is under the jurisdiction
of this state shall maintain a distance of 200 feet from the
shoreline.
(2) Except as provided in subsection (4), a person who
operates a personal watercraft or a person who is being towed by a
personal watercraft on a water sled, kite, surfboard, parachute,
tube, water ski, or similar equipment on the waters of this state
shall maintain a distance of not less than 100 feet from a dock,
raft, or buoyed or occupied bathing or swimming area, a person in
the water or on the water in a personal flotation device, or a
vessel moored, anchored, drifting, or sitting in dead water.
(3) A person who operates a personal watercraft or a person
who is being towed by a personal watercraft on a water sled, kite,
surfboard, parachute, tube, water ski, or similar equipment on the
waters of this state shall maintain a distance of not less than 200
feet from a submerged diver, vessel engaged in underwater diving
activities, or a flotation device displaying the international
diving insignia.
(4) Subsection (2) does not apply under either of the
following conditions:
(a) The personal watercraft being operated or the person being
towed is proceeding at a slow--no wake speed.
(b) The personal watercraft being operated or the person being
towed is in a navigable channel, canal, river, or stream not
otherwise posted.
(5) A person who violates this section is responsible for a
state civil infraction and may be ordered to pay a civil fine of
not more than $500.00.