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MASSACHUSETTS STATE SPECIFIC LAWS
Note: Many Massachusetts Laws vary from federal regulations. A personal watercraft is a Class A inboard motorboat. Follow basic boating safety rules and laws … and protect your privilege to operate personal watercraft. As a PWC operator, before you ride you should follow the guideline "Know Before You Go", read the manufacturer's manual and learn Massachusetts's boating laws. Safety Education Certification: Persons 12 through15 years of age must complete an approved basic boating course in order to operate any motorboat without adult supervision. Personal watercraft (PWC) users must still be at least 16 years of age in order to operate, with no exceptions. A person must be at least 16 years old to rent a PWC from a licensed Massachusetts business. No person under 12 years of age may operate a motorboat, unless accompanied on-board and directly supervised by a competent person 18 years of age or older. Upon successful completion of such a course, students are issued a state "boating safety certificate" which must be in the possession of the certified operator when underway. Personal watercraft users who are 16 or 17 years of age must also complete a basic boating course and an additional class on PWC operation. Upon completion of such training, students are issued "boating safety certificates" endorsed for PWC operation.
In Massachusetts, life preservers are required to be worn by: (1) youth less than 12 years of age while the vessel is underway and they are above deck (2) personal watercraft users (3) water skiers (4) canoeists/kayakers (September 15 - May 15). PWC riders must wear a Type I, II or III PFD. A PWC/boat owner or operator (if at least 18 years of age) is responsible to ensure that passengers on-board wear life preservers as required. Additionally, the state requires that all motorboats (with the exception of personal watercraft) be equipped with an anchor, manual bailer, and line. A paddle or an oar is now required only on boats less than 16 feet in length. Motorboats towing skiers must also be equipped with a boarding ladder. Massachusetts follows federal law regarding: Motorboat operators must adhere to the following: Equipment requirements for personal watercraft are the same as other motorboats with the following additions. Negligent operation can be the result of operator ignorance, inattention, indifference or carelessness. The following are examples of negligence or other prohibited operation. You must not operate: A blood alcohol concentration of .08 BAC is the current standard of intoxication in Massachusetts. Penalties have increased substantially and may result in the loss of a motor vehicle driver's license. Massachusetts has one of the strongest Boating Under The Influence (BUI) laws in the nation. A motor vehicle license can be revoked for boating under the influence. It is illegal to operate any boat under the influence of alcohol or any controlled substance. Anyone arrested for operating under the influence has, by law, consented to submit to a chemical test or breath analysis to determine blood alcohol content. Anyone arrested for operating under the influence of alcohol and who refuses to submit to a blood alcohol level test is subject to having their motor vehicle license revoked as well as their vessel's registration revoked for 120 days. No person shall operate any watercraft upon Massachusetts waters in excess of the posted speed limit. Operators must proceed in a safe and courteous manner, always keeping a proper lookout and maintaining a safe speed. Safe speed depends on conditions during the time of operation. Factors include: A person involved in an accident that results in property damage of $500 or more and/or personal injury requiring more than basic first aid, the operator must immediately notify the MEP. The operator must complete a Boating Accident Report (BAR) within 5 days. If death occurs because of an accident, the BAR must be submitted within 48 hours. If involved in a collision or cause injury to another person, the operator is obliged to provide their name, address and registration numbers before leaving the scene. Operators are obliged to assist anyone hurt in a boating accident, as far as they are safely able (the Good Samaritan Rule). The jurisdiction of enforcement officers includes the coastal waters of the Commonwealth and all inland waters except waters less than 10 acres and privately owned. Enforcement authority is given to the Massachusetts Environmental Police (MEP) officers, harbormasters, police officers assigned to harbor patrol, fish and game wardens, and state police officers. Town police and harbormasters can also enforce local recreational boating laws. The Director of the MEP is the state's Boating Law Administrator (BLA) and is responsible for enforcing boating laws. The BLA is authorized to enact regulations that make boating safer and improve enforcement. The BLA has final approval authority over any city or town by-law intended to regulate recreational boating. Officers may arrest without warrant anyone in violation or believed to be in violation of Massachusetts boating statues. Enforcement officers may board any recreational boat at any time to check equipment, registration, and positively ID the boat operator. Enforcement officers may terminate the use of any boat observed operating under any one of the following unsafe conditions, until the unsafe condition is corrected: It is illegal for the operator of a motorboat to: Swimming AreasOperators are prohibited from operating to within 150 feet of shorelines used as swimming areas. Operators are prohibited from operating to within 75 feet of floats or markers that designate swimming areas. A body of water can become an NDA if a community or the state of Massachusetts believes that the waters are ecologically and recreationally important enough to deserve further protection than that provided by current Federal and Massachusetts laws. Federal Law prohibits the discharge of untreated sewage from vessels within all navigable waters of the U.S. including coastal waters (within three miles of shore). Boats with functioning Type I and Type II Marine Sanitation Devices (MSDs) may discharge treated effluent in coastal waters UNLESS they are in an NDA. A Type III MSD or "holding tank" is the only type that can be used legally within an NDA. NDAs In Massachusetts: There are currently seven NDAs in Massachusetts - all of Buzzards Bay, Waquoit Bay in Falmouth, the Coastal Waters of Harwich, Three Bays/Centerville Harbor in Barnstable, Stage Harbor in Chatham, Wellfleet Harbor and the Coastal Waters of Nantucket from Muskeget to Great Point, including Nantucket Harbor. What To Do When Boating In Massachusetts NDA Waters:Boaters with Type I or Type II MSDs must do one of the following: Boaters with Type III MSD (holding tank) must be secured in one of the following ways: All of these methods of securing MSDs while in NDA waters are approved by the U.S. Coast Guard. Boaters with Type III MSDs can use any of the pumpout facilities located throughout the state. For the best service, boaters should call ahead to verify hours or to make an appointment for a pumpout. It is a violation of Federal Law to discharge treated or untreated boat sewage with the waters of an NDA. The Massachusetts Environmental Police is charged with enforcing the restrictions of the NDAs. Massachusetts Office of Coastal Zone Management and Massachusetts Law Enforcement are actively pursuing an amendment to Massachusetts General Law 90B Sections 11 and 14 that will allow state and local officials to collect fines of up to $2,000 for violations within the NDAs.
All Ponds: Bristol Blake State Park Exceptions to the registration laws include: foreign owned boats temporarily using state waters; federal, state, county, city or town boats; ship's lifeboats, boats registered in another state (good for 60 consecutive days) and a boat which is documented by the Bureau of Commons. Boat RegistrationRegistration numbers must be displayed on both sides of the bow. The validation sticker follows the registration number on the port side. A wallet-sized registration (certificate of numbers) must be carried whenever the boat is underway. The registration numbers must be renewed every two years Motorboat TitlingMassachusetts requires that every motorboat 14 feet or more in length be titled within 20 days of the date of sale. The purpose of titling is to make it easier to lawfully transfer ownership, discourage theft and assist law enforcement. State sales tax must be paid prior to registering and titling a boat. Documented boats are exempt from titling requirements. Hull Identification Numbers (HIN)HINs are used to positively identify every hull built after 1972. They are used for identifying stolen boats, assisting manufacturer recalls and tracing a boat's ownership history. HINs are made up of 12 or 17 letter/number combinations and are stamped onto the boat's starboard side transom, above the waterline. The number is also stamped in an undisclosed, hidden location to assist enforcement personnel in identifying stolen vessels. Anyone removing or in any way falsifying an HIN, motor or engine number can be fined up to $500.00 and imprisoned for one year. For homemade boats or boats built before 1972, the registration bureau will assign an HIN after inspection by an environmental police officer. BOATS 14' OR OVER - DOCUMENTS REQUIRED:If boat is purchased new from a registered boat dealer or department store, an original "Manufacturer's Certificate of Origin" is required in lieu of title. When a boat is purchased from a private party, from a non-titled state, the previous owner's registration is required in lieu of title. BOATS UNDER 14' - DOCUMENTS REQUIRED:If a new boat is purchased from a registered boat dealer or department store, a copy of the "Manufacturer's Certificate of Origin" is required. *** If a boat was built prior to 1972, or does not have a proper twelve character Hull Identification Number (HIN), a boat inspection may be required. When in doubt, please call one of Massachusetts' registration offices prior to submitting an application. Note: |
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