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
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.