Safety Handbook Page 2 | Vermont State Specific Laws

VERMONT STATE SPECIFIC LAWS

It is Vermont policy to promote safety for persons and property in and connected with the use, operation and equipment of vessels and to promote uniformity of laws.

Age Restrictions:

Persons less than 16 years of age shall not operate a Personal Watercraft.

Persons less than 12 years of age are restricted to motorboats of 6 hp or less.

Anyone born after January 1, 1974 must successfully complete an approved boating safety course prior to operating any motorized vessel. PWCSafetySchool.com meets this requirement.

A person who is required to have a certificate of boating education shall:

possess the certificate when operating a motorboat on Vermont public waters; and

show the certificate on the demand to an enforcement officer wearing insignia identifying the person as such or operating a law enforcement motorboat or vessel.

The department of public safety or its designee, shall issue a certificate of boating safety education to a person who:

passes the course in boating safety education; or

passes a boating safety equivalency examination administered by persons authorized to offer the course on boating safety education.

Once issued, the certificate of boating safety education is valid for the lifetime of the person to whom it was issued and may not be revoked by the department of public safety or a court of law.

A boating safety certificate issued in another state or country in accordance with or substantially equivalent to criteria of the National Association of State Boating Law Administrators is recognized.

Personal Flotation Devices:

Persons less than 12 years must wear an approved Type I, II, III or V PFD when above decks and underway.

Persons less than 16 years of age must wear a Type I, II, or III on a sailboard.

PWC operators and passengers must wear an approved Type I, II, or III PFD.

All recreational boats, canoes and kayaks less than 16 feet in length must carry a type I, II or III wearable PFD for each person on board.

Required PFDs must be readily accessible.

If the recreational boat is less than 16 feet in length, or a canoe or kayak, there must be one U.S. Coast Guard approved Type I, II, or III wearable P.F.D. on board for each person.

If the recreational boat is 16 feet or more in length, except a canoe or kayak, there must be a U.S. Coast Guard Approved Type I, II, or III P.F.D. on board for each person. In addition, there must be at least one Type IV P.F.D. onboard. (Throwable)

Personal Watercraft:

A person under the age of 16 shall not operate a personal watercraft.

All persons operating or riding on a personal watercraft shall wear a Type I, II or III United States Coast Guard approved personal flotation device.

Personal watercraft shall not be operated at any time during the hours between one-half hour after sunset and one-half hour before sunrise.

Every person operating a personal watercraft equipped by the manufacturer with a lanyard type engine cut-off switch shall attach the lanyard to their wrist, clothing, or personal flotation device as appropriate for the specific craft.

Speed Limits:

Within 200 feet of shore, dock, swim area, person in water and other vessels or anchorage, speed must be less than 5 miles per hour and must not create a wake.

Motorized Vessels:

All engines must be muffled in order to reduce operating noise level to not more than 82 decibels on the "A" scale at 50 feet.

Navigation Rules:

United States Coast Guard inland navigation rules are adopted for Lake Champlain, Lake Memphremagog and Wallace Pond in Canaan.

Distance requirements:

No one may operate vessel except a sailboard, a police or emergency vessel, within 200 feet of the shoreline. Operation within 200 feet of a person in the water, a canoe, rowboat or other vessel, an anchored or moored vessel containing any person, or anchorages or docks, except at a speed of less than five miles per hour which does not create a wake, is prohibited.

A person shall not operate any vessel, except a non- motorized canoe, a non- motorized rowboat, a police or emergency vessel, within 200 feet of a divers-down flag.

A person shall not operate a vessel, except at speeds of less than five miles per hour, within 200 feet of a designated swimming area.

A vessel shall not be loaded with passengers or cargo beyond its safe carrying capacity taking into consideration weather and other existing operating conditions.

An operator of any vessel must bring their vessel to a stop and not attempt to elude a law enforcement officer when signaled to do so by the officer wearing insignia identifying them as such or operating a law enforcement vessel sounding a siren and displaying a flashing blue or blue and white signal lamp. The officer may board the vessel.

A vessel must not be operated in an "underwater historic preserve area" except as stated below. These areas are historic and archaeological sites located on the bottomlands of Vermont waters and are designated as public recreational areas. The division for historic preservation may designate underwater historic preserve areas and they shall be identified by a floating special purpose yellow buoy marked "State of Vermont Underwater Historic Preserve". The following requirements govern the operation of vessels at the preserves:

a vessel may secure to a yellow buoy only when diving at the preserve;

only vessels 35 feet in length or less, and only those engaged in diving, may secure to a buoy;

a divers-down flag shall be displayed whenever a vessel is secured to a buoy;

on sites with multiple buoys, one vessel may be secured to each buoy;

when a vessel is secured to the buoy, all other vessels shall remain at least 200 feet from the buoy; and

anchoring is not permitted within 200 feet of the buoy.

The above rules do not prohibit rendering assistance to another person, picking up a person in the water, necessary mooring or landing, or leaving shore, or operating in any other place where obstruction, other than the shoreline, would prevent abiding by this statute.

Prohibited Operations:

A person shall not operate any vessel or manipulate any water skis, surfboard, or similar device in a careless or negligent manner or in any manner to endanger or jeopardize the safety, life or property of another person.

The owner or person in charge or in control of a vessel shall not knowingly authorize or knowingly permit it to be propelled or operated by any person who is under the influence of intoxicating liquor, narcotic drugs or barbiturates.

Boating While Intoxicated:

Boating while intoxicated is a criminal offense punishable by fine, imprisonment and loss of privilege to operate. The fine for a first offense is not less than $200.00 nor more than $750.00; for a second or subsequent offenses, not less than $250.00 nor more than $1,000.00.

By operating on Vermont waterways, boaters are deemed to have given consent to be tested for alcohol if arrested for operating under the influence.

A person whose privilege to operate a vessel has been suspended must not operate, attempt to operate or be in actual physical control of a vessel on Vermont public waters until the privilege to operate a vessel has been reinstated by the commissioner of motor vehicles.

If there was at that time 0.08 percent or more by weight of alcohol in the person's blood or breath, as shown by analysis, it shall be a permissive inference that the person was under the influence of intoxicating liquor. If there was at any time within two hours of the alleged offense, 0.15 percent or more by weight of alcohol in the person's blood or breath as shown by analysis, it shall be a permissive inference that the person was under the influence of intoxicating liquor.

If the person refuses to submit to an evidentiary test it shall not be given, but the refusal may be introduced as evidence in a criminal proceeding. If the person is charged with a violation, the court at the arraignment or as soon thereafter as is practicable shall hold a summary hearing, and take evidence relating to the reasonableness of the officer's belief that the defendant was operating, attempting to operate or in actual physical control of a vessel on Vermont waters while under the influence of intoxicating liquor or other drugs, or both.

g) Upon a finding by the court that the officer had reasonable grounds to believe that the defendant was so operating, attempting to operate, or in actual physical control of a vessel on Vermont waters, the court shall impose a civil penalty of not more than $750.00. In addition, the person's privilege to operate a vessel, except a non-motorized canoe and a non-motorized rowboat, on the waters of this state will be suspended for a period of one year.

Accident Reporting:

Boaters must stop and render assistance and give their name and address to the other operator if another boat is involved. They must file a report with the Commissioner of Motor Vehicles on a form available at the nearest State Police or Motor Vehicle installation.

The operator of a vessel involved in a collision, accident, or other casualty, so far as they can do so without serious danger to their own vessel, crew, and passengers shall render to other persons affected by the collision, accident. Also the operator must give their name, address, and identification of their vessel in writing to any person injured and to the owner of any property damaged in the collision, accident, or other casualty.

Swimming areas

The state board of forests, parks and recreation/or a municipality in administering a swimming beach or waterfront program may designate a swimming area in front of the beach or land which the state or municipality owns or controls and may make rules pertaining to the area. The rules may provide that no person, except a lifeguard on duty and other authorized personnel, may operate any boat, canoe or water vehicle of any sort within the designated swimming area.

A designated swimming area shall have bounds marked by buoys spaced no more than one hundred feet apart. The buoys shall be displayed 24 inches above the water or have red flags not smaller than 12 by 18 inches displayed 18 inches above the water.

Snorkeling & Diving:

Motorized vessels must maintain a distance of at least 200 feet of a diver down flag. The diver down flag (red with white diagonal stripe) is required.

A "Divers-down flag" means a flag that is either square or rectangular with a one unit diagonal stripe. The divers-down flag shall have a white diagonal stripe on a red background. The stripe shall begin at the top staff-side of the flag and extend diagonally to the opposite lower corner. The flag shall be free-flying and shall be removed when all divers are out of the water. The minimum size is 12 by 12 inches.

All divers must prominently display a divers-down flag in the area in which the diving occurs, other than when diving in an area customarily used for swimming only. Persons diving together as a group, in the same diving area, shall display at least one flag.

A person who violates this section shall be fined not more than $100.00.

Water Skiing:

Water skis and surfboards

A person must not operate a vessel on any Vermont waters for towing a person or persons on water skis, aquaplane, kite skis, surfboard or similar device unless the person being towed is wearing a United States Coast Guard approved personal flotation device.

An observer (who is not the boat operator) is required. The observer must be at least 12 years of age. The observer must be in a position to observe the progress of the person or persons being towed.

A person must not operate or manipulate any vessel, tow rope or other device by which the direction or location of water skis, a surfboard, or similar device may be affected or controlled in such a way as to cause the water skis, surfboard, or similar device, or any person thereon to approach within one hundred feet of a person swimming, or a canoe, rowboat, or other light craft conveying any person. This does not prohibit necessary mooring or landing, or leaving shore.

The commissioner may designate areas less than 200 feet from the shoreline of a body of water, other than a river, to allow for the operation of a motorboat used for the purpose of towing a person or persons on water skis, aquaplane, kite skis, surfboard or similar device. The commissioner shall adopt rules to establish criteria governing the designation of such areas and conditions which may be placed on the designated areas. The commissioner may consider safety, potential environmental damage, the impact on adjacent areas and uses and any other related concerns.

Water skiers must remain at least 100 feet away from a person in the water or light craft.

Marine Sanitation Devices:

In no discharge zones a holding tank is required. No discharge capability allowed, openings sealed, overboard lines and Y valves removed.

Residential use of overnight sleeping vessels is prohibited on waters lacking sanitary waste pump out facilities.

Every marine toilet on board any vessel operated on Vermont waters must also incorporate or be equipped with a holding tank. Any holding tank designed so as to provide for an optional means of discharge to the waters on which the vessel is operating shall have the discharge openings sealed shut and any discharge lines, pipes, or hoses must be disconnected and stored while the vessel is in Vermont waters.

Registration/Documentation:

Every motorboat on Vermont waters must be numbered. No person shall operate or give permission for the operation of any motorboat on such waters unless the motorboat is properly numbered, or in accordance with applicable federal law, or in accordance with a federally approved numbering system of another state, and unless

the certificate of number awarded to such motorboat is currently valid, and

the identifying number set forth in the certificate of number is displayed on each side of the bow of such motorboat.

If a boat is not Vermont registered, a validation sticker is required if it is in Vermont waters between 30 and 90 days per year. A Vermont registration is required if the boat is in Vermont waters more than 90 days per year.

The numbers and stickers are placed on both port and starboard sides, with the sticker fore of the numbers.

Documented vessels require a Vermont validation sticker if in Vermont waters 30 or more days per year.

Certain bodies of water in Vermont have local restrictions as to type and size of watercraft or motor horsepower, restricted use areas, boat speed, and times for use. Check with the local authorities for these additional restrictions.

VERMONT
State Police-Marine Division
2777 St. George Rd.
Williston, VT 05495
802-878-7111 ext. 2211
Boat registration:
802-828-2000

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