HB-5109, As Passed Senate, February 29, 2012

HOUSE BILL No. 5109

October 19, 2011, Introduced by Rep. Jenkins and referred to the Committee on Natural Resources, Tourism, and Outdoor Recreation.

     A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending section 80205 (MCL 324.80205), as amended by 2008 PA

178.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 80205. (1) Until March 16, 2009, except as otherwise

provided in this section, a 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.

(2) (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.

(3) (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.

(4) (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.

(5) (7) A person shall not operate a personal watercraft on

the waters of this state during the period that begins at sunset

and ends at 8 a.m. As used in this subsection, "sunset" means that

time as determined by the national weather service.

(6) (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.

(7) (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.

(8) (10) A person who violates subsection (9) (7) is

responsible for a state civil infraction and may be ordered to pay

a civil fine of not more than $500.00.

(9) (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

House Bill No. 5109 as amended February 23, 2012

avoid a collision.

(10) (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.

(11) (13) A violation of subsection (12) (10) is prima facie

evidence of reckless operation of a watercraft under section 80208.

(12) (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.

(13) (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.

(14) (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.

<<Enacting section 1. This amendatory act takes effect November 1, 2012.>>