April 24, 2008, Introduced by Reps. Hammon, Sheltrown, Constan, Hammel, Johnson, Robert Jones, Jackson, Meadows, Coulouris, Polidori, Gonzales, Vagnozzi and Miller 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 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.
(c) Waiting until the last possible moment before swerving to
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, 2010, 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, 2010, 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, 2010, 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.
(c) The personal watercraft is equipped by the manufacturer
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, 2010, a person under the age of 16 shall not operate a
personal watercraft on the waters of this state.
(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.