HB-6014, As Passed House, May 14, 2008

SUBSTITUTE FOR

HOUSE BILL NO. 6014

A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending sections 80205 and 80215 (MCL 324.80205 and 324.80215),

section 80205 as amended by 2007 PA 8 and section 80215 as added by

2000 PA 229; and to repeal acts and parts of acts.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 80205. (1) Until 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 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 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~~ at

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) 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.

avoid a collision.

(12) 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) A violation of subsection (12) is prima facie evidence of

reckless operation of a watercraft under section 80208.

(14) 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) 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) 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. 80215. (1) ~~Except~~ Until October 1, 2011, except as

provided in subsections (2) and (3), a person under the age of 14

shall not ~~use~~ operate a personal watercraft on the waters of this

state.

(2) A Until October 1, 2011, a person who is 12 or more and

less than 14 years of age before January 1, 1999 may ~~use~~ operate a

personal watercraft on the waters of this state if before January

1, 1999 he or she obtained a boating safety certificate.

(3) A Until October 1, 2011, a person who is 12 or more and

less than 14 years of age may ~~use~~ operate a personal watercraft on

the waters of this state if all of the following circumstances

exist:

(a) The person is accompanied solely by the person's parent or

legal guardian.

(b) Both the person and the parent or legal guardian have

obtained a boating safety certificate.

with a lanyard-type engine cutoff switch, and the parent or legal

guardian has the lanyard attached to his or her person, clothing,

or personal flotation device.

(d) The personal watercraft is designed to carry not less than

2 persons.

(4) A person who was born after December 31, 1978 shall not

operate a personal watercraft upon the waters of this state unless

he or she first obtains a boating safety certificate.

(5) ~~Not later than~~ ~~March 23, 2004, the graduated age~~

~~provisions of this section shall be reviewed by the appropriate~~

~~committee of both houses of the legislature to ascertain the~~

~~effect, if any, these provisions have had upon the safe operation~~

~~of personal watercraft upon the waters of this state.~~ Beginning

October 1, 2011, a person under the age of 16 shall not operate a

personal watercraft on the waters of this state unless the person

House Bill No. 6014 (H-2) as amended May 14, 2008

is not less than 14 years of age and 1 of the following

circumstances applies:

(a) The person is riding the personal watercraft with his or

her parent or guardian [or an individual 21 years of age or older

designated by the parent or guardian].

(b) The person is operating or riding a personal watercraft at

a distance of not more than 100 feet of his or her parent or

guardian [or an individual 21 years of age or older designated by the

parent or guardian].

(6) The owner of a personal watercraft or a person having

charge over or control of a personal watercraft shall not authorize

or knowingly permit the personal watercraft to be operated in

violation of this section.

(7) 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.

Enacting section 1. Enacting section 2 of 2004 PA 27 is

repealed.