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MASSACHUSETTS STATE SPECIFIC LAWS

Note: Many Massachusetts Laws vary from federal regulations.
Please consult the Motorboats and Other Vessels Section of the General Laws of Massachusetts for current Massachusetts Requirements and Statutes.

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.

  1. Wear an approved life preserver (PFD) at all times when underway.

  2. 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.

  3. Safety Equipment Requirements

  4. Massachusetts follows federal law regarding:

    • Navigation lights between sunset and sunrise


    • Ventilation of fuel tanks and engine spaces


    • Personal flotation devices


    • Visual distress signals


    • Backfire flame arrestors

    Motorboat operators must adhere to the following:

    • Carry an efficient sound signaling device


    • All motorboats must have an anchor and sufficient line to anchor securely in the boat's normal area of operation. The motorboat must also carry a manual means of bailing from the boat (a bucket, container etc). PWCs are exempt from these requirements.


    • All vessels, which are towing anyone in any manner, must be equipped with a ladder, steps, a platform, or similar contrivance which allows the person, being towed, to get from the water, and into the boat.


    • In addition to other required safety equipment, motorboats of less than 16 feet, except PWCs, must carry a paddle/oar.


    • The engine's exhaust must be muffled to prevent excessive noise and pollutants.


    • Anyone renting boats for recreational use must make sure that the boat is equipped as required by law.

    Equipment requirements for personal watercraft are the same as other motorboats with the following additions.

    • A personal flotation device for each rider (must be worn)


    • Safety lanyard (kill switch) must be attached to the operator.


  5. Check throttle control and steering before starting engine.


  6. Steering a PWC requires thrust, so maintain speed when turning.


  7. Headway Speed: The minimum speed a vessel may be operated to maintain steerage way, but not to exceed 6 miles per hour.


    • Operators must proceed in a safe and courteous manner, always keeping a proper lookout and maintaining a safe speed.


    • Don't operate a boat at more than headway speed when within 150 to300 feet of shorelines used as swimming areas.


    • Use headway speed when within 150 feet of a marina, ramp, raft or float.


    • Use headway speed within 150 feet of a swimmer


    • Come to headway speed when vision is obscured by a bridge, a bend in the waterway or for any other reason.


    • Use headway speed when operating in a channel, unless channel markers state higher speeds are allowed.


    • Make sure the boat's wake does not rock other boats, docks or other objects.


  8. No person shall operate a PWC except in a safe and prudent manner, so as not to endanger life, limb, or property.

  9. 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:

    1. if less than 16 years old


    2. under the influence of alcohol


    3. between sunset and sunrise


    4. within 150 feet of swim areas


    5. at high speed or erratic operation in congested areas


    6. on waters under 75 acres


    7. towing anyone or anything behind a personal watercraft.


    8. more than headway speed when within 150 feet of a swimmer, the shore or a moored vessel


    9. jump the wake or cross unreasonably close to another boat


    10. must not operate near or through areas being used by swimmers or divers


    11. at cruising speeds with passengers sitting on the bow or gunwales


    12. cut through a regatta or marine parade in progress


  10. Operating any vessel under the influence of alcohol or drugs is prohibited.

  11. 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.

  12. It's against the law to operate at an excessive speed considering weather conditions, boat traffic, and other hazards.

  13. 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:

    • Wind, water, visibility and current


    • The boat's maneuverability


    • Proximity to navigational hazards


    1. For inland waters, operating at a speed greater than 45 m.p.h. is always considered excessive.


    2. Do not operate a motorboat without proper working lights.


    3. Do not operate in an overloaded condition - carrying total weight that exceeds capacity plate recommendations or is excessive considering water conditions. The capacity plate lists the recommended maximum motor horsepower along with passenger and cargo capacity limits. It is required on boats less than 20 feet in length built after 1972.


  14. It is not permissible to modify the exhaust or muffler system of a PWC.


  15. Accident Reporting Requirements

  16. 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).

  17. Massachusetts Division of Law Enforcement Regulations:


    1. Waterskiing is prohibited on the following rivers: Swift River, Nashua River, Squannacook River and the Nissitissit River


    2. No person shall water ski in any lake or pond administered by the Division unless the Director has designated it on a list of lakes and ponds where water skiing is allowed. Water skiing means the use of any type of device designed to propel one or more persons across the surface of the water by means of towline attached to a watercraft.


    3. No person shall tow any water skier upon Division waters at any time unless at least two persons are present in the watercraft, one of whom shall act as a safety observer for the skier(s).


    4. No person shall operate any watercraft or personal watercraft upon the waters of the Division in excess of six miles per hour when said watercraft or personal watercraft is within 150 feet of any channel, tunnel, pier, mooring, wharf or other floating structure or swimming beach.


    5. No watercraft or personal watercraft, powered by an internal combustion engine, where the engine is uncovered or exposed to the atmosphere, shall be launched, maintained or operated upon any Division waters except by special permit issued by the Director of Forests and Parks.


    6. No operator of a watercraft shall anchor, dock or tie-up any watercraft to any dock or ramp designated by the Division to be a general public use dock or ramp in such a manner as to hinder or obstruct the launching of watercraft or the navigation of adjacent waterways or for a period of time in excess of one hour, except at locations designated for longer periods of time by the Director.


    7. Authority And Jurisdiction

    8. 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.

    9. Powers of Law Enforcement Officers

    10. 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:

      • Insufficient personal flotation devices


      • Overloaded vessel


      • Failure to display navigation lights between sunset and sunrise


      • Fuel leak in either the fuel system or the engine


      • Fuel accumulation in the bilge or any other space


      • Insufficient ventilation in any fuel or engine spaces


      • Missing or improper backfire flame control

      It is illegal for the operator of a motorboat to:

      • Refuse to stop for an inspection after being signaled to stop


      • Attempt to prevent an officer from conducting an inspection


      • Refuse to provide their correct name and address


      • Refuse to produce the boat's registration (certificate of numbers) when requested by the officer

      Swimming Areas

      Operators 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.

    11. A "No Discharge Area" or NDA, is a designated body of water in which the discharge of ALL boat sewage, even if it is treated is prohibited.

    12. 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:

      1. Close the seacock and remove the handle.


      2. Fix the seacock in a closed position with a padlock or non-releasable wire-tie.


      3. Lock the door to the space enclosing the toilet with a padlock or door handle key lock.

      Boaters with Type III MSD (holding tank) must be secured in one of the following ways:

      1. Close each value leading to an overboard discharge.


      2. Padlock each value in the closed position.


      3. Use a non-releasable wire-tie to hold each value leading to an overboard discharge in the closed position.

      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.

    13. The launching or use of any water craft of any nature or type, whether motor powered or not, is prohibited on the following Division of Law Enforcement waters or launching ramps at all times:

    14. All Ponds: Bristol Blake State Park
      Chicopee Reservoir: Chicopee Memorial State Park
      Dean Pond: Brimfield State Forest
      Robinson Pond: Robinson State Park
      All launching ramps: Fort Phoenix State Reservation
      All launching ramps: Fall River Heritage State Park.

    15. Registration and numbering of all boats propelled by machinery is required. These include: personal watercraft, all powerboats, canoes, sailboats, tenders and other craft that use auxiliary motors.

    16. 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 Registration

    Registration 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 Titling

    Massachusetts 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:

    1. Bill of Sale (name and address of seller).


    2. Title or, if vessel is documented with the Coast Guard, Termination of Documentation ("Deletion Letter") from the Coast Guard. This will indicate no outstanding mortgages on the vessel.


    3. Sales tax form.


    4. Pencil tracing of Hull ID number (serial number). *** see note below


    5. Required fees. (Contact the Massachusetts Fisheries, Wildlife & Environmental Law Enforcement registration office for current fees. Call: 617-626-1610 or go to: www.state.ma.us/dfwele/dle.htm).


    6. Completed application.

    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:

    1. Bill of Sale (name and address of seller).


    2. Sales tax form.


    3. Pencil tracing of hull ID number (serial number). *** see note below


    4. Required fees. (To contact the Massachusetts Fisheries, Wildlife & Environmental Law Enforcement registration office for current fees. Call: 617-626-1610 or go to: www.state.ma.us/dfwele/dle.htm).


    5. Completed application.

    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:

    • Checks are payable to "The Commonwealth of Massachusetts".


    • Sales tax is due on the 20th day of the following month from date of purchase. Massachusetts sales tax is 5% of the total purchase price. If sales tax is late, boaters need to contact the Department of Revenue at (508) 771-2414 to calculate the tax before mailing the application forms.

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