Indiana Boating La w s

Transcription

1 of Indiana Boating La w s and Responsibilities IN 8811 BM 2010 Edition

2 NOW! Indiana boaters have two ways to become certified in boating safety. By becoming certified, you will have a safer, more enjoyable experience on the water and you can save money on boat insurance. A Course on Responsible Boating 1. Over the Internet Learn what you need to be a safe boat operator online! The complete course with exciting visuals awaits you on the Net. Interactive graphics help you learn and retain information on boating safely in Indiana. Successfully complete the online test and you will receive an Indiana boating safety certificate by mail. Start today at 2. In a classroom Share the learning experience with other interested students and a qualified instructor. The Indiana Department of Natural Resources can help you locate a classroom course in your area. Visit

3 of In d i a n a Bo at i n g La w s and Responsibilities Published by Boat Ed, a division of Kalkomey Enterprises, Inc., Proton Road, Dallas, TX 75244, Printed in the U.S.A. Copyright 2010 by Boat Ed. All rights reserved. No part of this publication may be reproduced in any form or by any process without permission in writing from Boat Ed. Effort has been made to make this publication as complete and accurate as possible. All references contained in this publication have been compiled from sources believed to be reliable, and to represent the best current opinion on the subject. Boat Ed is not responsible or liable for any claims, liabilities, damages, or other adverse effects or consequences to any person or property caused or alleged to be caused directly or indirectly from the application or use of the information contained in this publication. P0510

4 Table of Contents Boating BASICS Before Going Out Vessel Length Classes...4 Vessel Capacity...4 Fueling a Vessel...4 Fuel Selector Switch on a PWC...6 Preventing Theft...6 Filing a Float Plan...7 Pre-Departure Checklist...7 On the Water Traffic Rules...8 Navigation Rules...9 Nighttime Navigation...10 It s the LAW! Before Going Out Registering Your Boat or PWC...24 Boat Excise Tax...25 Fees Related to Registering a Boat or PWC...26 Titling Your Boat or PWC. 24 Display of Number and Decals...27 Hull Identification Number...28 Who May Operate a Vessel...28 Marine Events...36 U.S. Aids to Navigation System...13 Weather Emergencies...17 Specifically for PWCs Steering and Stopping a PWC...19 Ignition Safety Switches...20 Reboarding a Capsized PWC...21 Courtesy When Encountering Other Vessels...21 Environmental Considerations...22 Other PWC Considerations...23 Fishing Tournaments...37 Diver-Down Flags...38 Enforcement...38 Required Equipment Personal Flotation Devices (PFDs)...39 Fire Extinguishers...42 Backfire Flame Arrestors...43 Ventilation Systems...44 Mufflers...45 Navigation Lights...45 Sound-Producing Devices.. 50 Visual Distress Signals

5 On the Water Unlawful Operation...52 Obstructing Navigation...55 Alcohol and Drugs...56 Accidents and Casualties...64 Discharge of Trash...67 Discharge of Sewage and Waste...68 Discharge of Oil and Other Hazardous Substances...70 Specifically for PWCs Requirements Specific to PWCs...71 Specifically for Skiing Requirements for Towing Skiers...76 Water-Skiing/Tubing on the Ohio River...77 Hand Signals for Skiers...78 Lake & River Enhancement Program Indiana Boat Sewage Pump-Out Locations Indiana and federal boating laws are presented in this handbook in a summarized form. Indiana laws in their entirety can be found in the Indiana Code (IC), Indiana Administrative Code (IAC), and the Code of Federal Regulations (CFR). These laws are subject to change. It is the responsibility of the operator to be aware of the most current laws when using a boat. When regulations refer to Waters of Concurrent Jurisdiction, it means Lake Michigan (Indiana portion), the Great Miami River, the Ohio River, and the portion of the Wabash River that forms a border between Indiana and Illinois. Stay abreast of new boating laws Visit the Indiana Department of Natural Resources website at: 3

6 Before Going Out Before going out on the water, take steps to make the outing safe and enjoyable. Vessel Length Classes A vessel s length class determines the equipment necessary to comply with federal and state laws. Vessels are divided into length classes: Less than 16 feet 16 feet to less than 26 feet 26 feet to less than 40 feet 40 feet to less than 65 feet Outboards Length is measured from the tip of the bow in a straight line to the stern. This does not include outboard motors, brackets, rudders, bow attachments, or swim platforms and ladders that are not a molded part of the hull. Vessel Capacity Length Length Always check the capacity plate, which is usually found near the operator s position or on the vessel s transom. This plate indicates the maximum weight capacity and maximum number of people that the vessel can carry safely. PWCs and some other vessels are not required to have a capacity plate. Always follow the recommended capacity in the owner s manual and on the manufacturer s warning decal. Fueling a Vessel Never fuel at night unless it is an emergency. If you must refuel after dark, use only electric lights. Try to refuel away from the water or on a commercial fueling ramp. 4 Boating Basics Inboards

7 Before beginning to fuel: Dock the boat securely and ask all passengers to exit. Do not allow anyone to smoke or strike a match. Check all fuel lines, connections, and fuel vents. Turn off anything that might cause a spark engines, fans, or electrical equipment. Shut off all fuel valves and extinguish all open flames, such as galley stoves and pilot lights. Close all windows, ports, doors, and other openings to prevent fumes from entering the boat. Remove portable fuel tanks and fill them on the dock. While filling the fuel tank: Keep the nozzle of the fuel-pump hose in contact with the tank opening to prevent producing a static spark. Avoid spilling fuel into the boat s bilge or the water. Never fill a tank to the brim leave room to expand. The most important safe fueling practice If your vessel is equipped with a power ventilation system, turn it on for at least four minutes after fueling and before starting your engine to remove gas vapors in the bilge. After fueling: Wipe up any spilled fuel. Open all windows, ports, doors, and other openings. Additional Safety Procedures for PWCs Do not tip the PWC in order to fill it all the way up. If the tank is overfilled, the fuel may expand and spill into the water. After fueling, open the door of the engine compartment and sniff to check for any evidence of gas fumes. Do this before starting the engine. If you do smell gas fumes, determine the source and make repairs immediately. Boating Basics 5

8 Fuel Selector Switch on a PWC This switch can help you avoid becoming stranded without fuel. Use the Off position when the PWC s engine is turned off. Use the On position while you are underway. Use the Reserve position if you run out of fuel while underway. This will allow you to return to shore. Don t forget to switch back to On after refueling. Preventing Theft Defend against theft of your vessel and equipment. Store your vessel so that it is not easily accessed. Store your vessel and trailer in a locked garage or storage area. Park another vehicle in front of the trailer, or lock the trailer to a fixed object in a well-lighted area. Secure the vessel and trailer to a fixed object with a good quality chain and lock. If moored, secure the vessel to the dock with a steel cable and lock. Remove a trailer wheel if parked for an extended time. Purchase a quality trailer hitch lock and use it. Chain and lock the motor and fuel tanks to the vessel. Mark or engrave all equipment with an identifier such as your driver s license number. Photograph or videotape the interior and exterior of your vessel, showing all installed equipment and additional gear and equipment. Make a complete inventory of your equipment, vessel, and trailer. Remove expensive electronics or other valuables if the vessel is left unattended. Cover your vessel and always remove the keys. Title and register your vessel. 6 Boating Basics

9 Filing a Float Plan Before going out on a vessel, it is always a good idea to leave a float plan with a relative or friend, or at least with a local marina. A float plan should: Describe the vessel, including its registration number, length, make, horsepower, and engine type. State where you are going, the detailed route, your planned departure time, and your expected return time. Give the name, address, and telephone number of each person on board and an emergency contact. Pre-Departure Checklist You can help assure a good time while operating your vessel by performing this pre-departure check. Check the weather forecast for the area and time frame during which you will be boating. Make sure that the steering and throttle controls operate properly and all lights are working properly. Check for any fuel leaks from the tank, fuel lines, and carburetor. Check the engine compartment for oil leaks. Check hose connections for leaks or cracks, and make sure hose clamps are tight. Drain all water from the engine compartment, and be sure the bilge plug is replaced and secure. Check to be sure you have a fully charged engine battery and fire extinguishers. If so equipped, make sure the ignition safety switch and wrist lanyard are in good order. Make sure you have the required number of personal flotation devices (PFDs), and check that they are in good condition. Leave a float plan with a reliable friend or relative. Boating Basics 7

10 On the Water Safe navigation on Indiana waterways is everyone s responsibility. All operators are equally responsible for taking action necessary to avoid collisions. Traffic Rules IC Traffic rules Sec. 14. A person operating a boat shall observe the following traffic rules when applicable: 1. When two (2) boats are approaching each other head and head, or nearly so, each boat shall bear to the right and pass the other boat on the boat s left side. 2. When two (2) boats are approaching each other obliquely or at right angles, the boat on the right has the right-of-way. However, when: A. one (1) boat is under sail or is nonmotorized, the sailboat or nonmotorized boat has the right-of-way; and B. two (2) boats are under sail or are nonmotorized, the boat on the right has the right-of-way. 3. A boat operated on a river or a channel shall bear to the right. 4. A boat may overtake and pass another boat on either side if the passing can be done with safety and within the assured clear distance ahead, but the boat overtaken has the right-of-way. 5. A boat leaving a dock, a pier, a wharf, or the shore has the right-of-way over all boats approaching the dock, pier, wharf, or shore. As added by P.L , SEC.8. Amended by P.L , SEC.3. 8 Boating Basics

11 Navigation Rules There are two terms that help explain these rules. Stand-on vessel: The vessel that should maintain its course and speed Give-way vessel: The vessel that must take early and substantial action to avoid collision by stopping, slowing down, or changing course Meeting Head-On Give way! Give way! Power vs. Power Give way! Power vs. Power Power vs. Power: Neither vessel is the stand-on vessel. Both vessels should keep to the starboard (right). Power vs. Sail: The powerboat is the give-way vessel. The sailboat is the stand-on vessel. Crossing Situations Give way! Power vs. Sail Power vs. Power: The vessel on the operator s port (left) side is the give-way vessel. The vessel on the operator s starboard (right) side is the stand-on vessel. Power vs. Sail: The Give way! powerboat is the give-way vessel. The sailboat is the Power vs. Sail stand-on vessel. Overtaking Give way! Power vs. Power Power vs. Power: The vessel that is overtaking another vessel is the give-way vessel. The vessel being overtaken is the stand-on vessel. Power vs. Sail: The vessel Give that is overtaking another way! vessel is the give-way vessel. The vessel being overtaken is Power vs. Sail the stand-on vessel. Boating Basics 9

12 Nighttime Navigation Be on the lookout for the lights of other vessels when boating at night. Several types of lights serve as navigational aids at night. There are four common navigation lights. (See page 44 for state laws on Navigation Lights.) Sidelights: These red and green lights are called sidelights (also called combination lights) because they are visible to another vessel approaching from the side or head-on. The red light indicates a vessel s port (left) side; the green indicates a vessel s starboard (right) side. Sternlight: This white light is seen from behind the vessel. Masthead Light: This white light shines forward and to both sides and is required on all power-driven vessels. A masthead light must be displayed by all vessels when under engine power. The absence of this light indicates a sailboat under sail. All-Round White Light: On power-driven vessels less than 39.4 feet in length, this light may be used to combine a masthead light and sternlight into a single white light that can be seen by other vessels from any direction. This light serves as an anchor light when sidelights are extinguished. all-round white light (360 degrees) masthead light (225 degrees) sidelights (combination) sidelights 10 Boating Basics (combination) sternlight

13 Encountering Vessels at Night Give way! When you see only a white light, you are overtaking another vessel. It is the stand-on vessel whether it is underway or anchored. You may go around it on either side. Give way! Stand on Give way! When you see a green and a white light, you are the stand-on vessel. However, remain alert in case the other vessel operator does not see you or does not know the navigation rules. When you see a red and a white light, you must give way to the other vessel! Slow down and allow the vessel to pass, or you may turn to the right and pass behind the other vessel. Encountering a Sailboat at Night When you see only a red light or only a green light, you may be approaching a sailboat under sail and you must give way. The sailboat under sail is always the stand-on vessel! Give way! Give way! Boating Basics 11

14 U.S. Aids to Navigation System (ATON) 312 IAC 5-4 Buoys and markers are the traffic signals that guide vessel operators safely along some waterways. They also identify dangerous or controlled areas and give directions and information. As a recreational boat or PWC operator, you will need to know the lateral navigation markers and non-lateral markers of the U.S. Aids to Navigation System. Lateral Markers These navigation aids mark the edges of safe water areas; for example, directing travel within a channel. The markers use a combination of colors and numbers, which may appear on either buoys or permanently placed markers. Red colors, red lights, and even numbers indicate the right side of the channel as a boater enters from the open sea or heads upstream. Green colors, green lights, and odd numbers indicate the left side of the channel as a boater enters from the open sea or heads upstream. Red and green colors and/or lights indicate the preferred (primary) channel. If green is on top, the preferred channel is to the right as a boater enters from the open sea or heads upstream; if red is on top, the preferred channel is to the left. 12 Boating Basics

15 Nuns are red cone-shaped buoys marked with even numbers. Cans are green cylindrical-shaped buoys marked with odd numbers. Lighted Buoys use the lateral marker colors and numbers discussed above; in addition, they have a matching colored light. Daymarks are permanently placed signs attached to structures, such as posts, in the water. Common daymarks are red triangles (equivalent to nuns) and green squares (equivalent to cans). They may be lighted also. channel channel open waters open waters Red Right Returning is a reminder of the correct course when returning from open waters or heading upstream. Boating Basics 13

16 Non-Lateral Markers 312 IAC 5-4 Non-lateral markers are navigational aids that give information other than the edges of safe water areas. The most common are regulatory markers which are white and use orange markings and black lettering. These markers are found on lakes and rivers. SWIM AREA IDLE ROCK SPEED NO WAKE MARINA IDLE SPEED NO WAKE SWIM AREA ROCK Information Squares indicate where to find food, SWIM AREA supplies, repairs, etc. and give directions and other information. Controlled Circles indicate a controlled area such as speed limit, no fishing or anchoring, ski only or no skiing, or slow, no wake. Exclusion Crossed diamonds indicate areas off-limits to all vessels such as swimming areas, dams, and spillways. Danger Diamonds warn of dangers such as rocks, shoals, construction, dams, or stumps. Always proceed with caution. SWIM AREA MARINA IDLE SPEED NO WAKE 14 Boating Basics

17 Other Non-Lateral Markers Safe Water Markers are white with red vertical stripes and mark mid-channels or fairways. They may be passed on either side. Inland Waters Obstruction Markers are white with black vertical stripes and indicate an obstruction to navigation. You should not pass between these buoys and the nearest shore. Mooring Buoy Mooring buoys are white with a blue horizontal band and are found in marinas and other areas where vessels are allowed to anchor. Boating Basics 15

18 Weather Emergencies Weather can change very rapidly and create unexpected situations for boat operators. Even meteorologists have trouble predicting rapid weather changes. You should always monitor weather developments. One way is to tune a VHF radio to the frequencies listed on the next page. What To Do If Caught in Severe Weather Prepare the boat to handle severe weather. Slow down, but keep enough power to maintain headway and steering. Close all hatches, windows, and doors to reduce the chance of swamping. Stow any unnecessary gear. Turn on your boat s navigation lights. If there is fog, sound your fog horn. Keep bilges free of water. Be prepared to remove water by bailing. If there is lightning, disconnect all electrical equipment. Stay as clear of metal objects as possible. Prepare your passengers for severe weather. Have everyone put on a USCG approved life jacket (PFD). If passengers are already wearing their PFDs, make sure they are secured properly. Have your passengers sit on the vessel floor close to the centerline for their safety and to make the boat more stable. Decide whether to go to shore or ride out the storm. If possible, head for the nearest shore that is safe to approach. If already caught in a storm, it may be best to ride it out in open water rather than try to approach the shore in heavy wind and waves. Head the bow into the waves at a 45-degree angle. PWCs should head directly into the waves. 16 Boating Basics

19 If the engine stops, drop a sea anchor on a line off the bow to keep the bow headed into the wind and reduce drifting while you ride out the storm. In an emergency, a bucket will work as a sea anchor. If the sea anchor is not sufficient, anchor using your conventional anchor to prevent your boat from drifting into dangerous areas. VHF Frequencies Broadcasting NOAA Weather Reports MHz MHz MHz MHz MHz MHz MHz These are the most commonly used VHF channels on United States waters. Channel 6 Intership safety communications. Channel 9 Communications between vessels (commercial and recreational), and ship to coast (calling channel in designated USCG Districts). Channel 13 Navigational use by commercial, military, and recreational vessels at bridges, locks, and harbors. Channel 16 Distress and safety calls to U.S. Coast Guard and others, and to initiate calls to other vessels; often called the hailing channel. (Some regions use other channels as the hailing channel.) When hailing, contact the other vessel, quickly agree to another channel, and then switch to that channel to continue conversation. Channel 22 Communications between the U.S. Coast Guard and the maritime public, both recreational and commercial. Severe weather warnings, hazards to navigation, and other safety warnings are broadcast on this channel. Channels Public telephone calls (to marine operator). Channels 68, 69, and 71 Recreational vessel radio channels and ship to coast. Channel 70 Digital selective calling alert channel. Boating Basics 17

20 Specifically for PWCs Although a personal watercraft (PWC) is considered an inboard vessel and comes under the same rules and requirements of any other vessel, there are specific considerations for the PWC operator. steering control steering nozzle Steering and Stopping a PWC PWCs are propelled by drawing water into a pump and then forcing it out under pressure through a steering nozzle at the back of the unit. This jet of pressurized water is directed by the steering control when the steering control is turned, the steering nozzle turns in the same direction. For example, if the steering control is turned right, the nozzle turns right and the jet of water pushes the back of the vessel to the left, which causes the PWC to turn right. Remember no power means no steering control You must always have power in order to maintain control. If you allow the engine to return to idle or shut off during operation, you lose all steering control. The PWC will continue in the direction it was headed before the engine was shut off, no matter which way the steering control is turned. A PWC has no brakes. Always allow plenty of room for stopping. Just because you release the throttle or shut off the engine does not mean you will stop immediately. 18 Boating Basics

21 Ignition Safety Switches IC Self-circling capability Sec. 9. A personal watercraft that does not have self-circling capability shall not be operated on public waters unless: 1. the personal watercraft is equipped with a lanyard type engine cutoff switch; and 2. the lanyard is attached to the person, clothing, or personal flotation device of the operator. As added by P.L , SEC.9. Most PWCs and powerboats come equipped by the manufacturer with an important device called an emergency ignition safety switch. This is a safety device that is designed to shut off the engine if the operator is thrown from the proper operating position. A lanyard is attached to the safety switch and the operator s wrist or PFD. The safety switch shuts off the engine if the operator falls off the PWC or out of the powerboat. If your vessel does not come equipped with an ignition safety switch, you should have one installed. It is illegal to ride your PWC without attaching the lanyard properly between the switch and yourself. Boating Basics 19

22 Reboarding a Capsized PWC After a fall, the PWC could be overturned completely. You should be familiar with the proper procedure to right the PWC and to reboard from the rear of the craft. Most manufacturers have placed a decal at the rear or bottom of the craft that indicates the direction to roll your PWC to return it to an upright position. If no decal exists, check your owner s manual or ask the dealer. If you roll it over the wrong way, you could damage your PWC. Practice reboarding with someone else around to make sure you can handle it alone. Don t ride your PWC if you are very tired because reboarding would be difficult. Also, avoid riding where there are strong currents or winds, which could hamper your reboarding efforts. Courtesy When Encountering Other Vessels Jumping the wake of a passing boat, or riding too close to another PWC or boat, creates risks and is restricted or even prohibited in some states. The vessel making the wake may block the PWC operator s view of oncoming traffic and also conceal the PWC operator from approaching vessels. Excessive noise from PWCs often makes them unwelcome with other vessel operators and people on shore. Be a courteous PWC operator. Vary your operating area, and do not keep repeating the same maneuver. Avoid congregating with other PWC operators near shore, which increases annoying noise levels. Avoid making excessive noise near residential and camping areas, particularly early in the morning. 20 Boating Basics

23 Avoid maneuvers that cause the engine exhaust to lift out of the water because that increases noise levels. Do not modify your engine exhaust system if it increases the noise. Improperly modified exhausts will not make your PWC faster and may raise the noise to an illegal level. Environmental Considerations When operating your personal watercraft, consider the effect you may have on the environment. Make sure that the water you operate in is at least 30 inches deep. Riding in shallow water can cause bottom sediments or aquatic vegetation to be sucked into the pump, damaging your PWC and the environment. Avoid causing erosion by operating at slow speed and by not creating a wake when operating near shore or in narrow streams or rivers. Do not dock or beach your PWC in reeds and grasses. This could damage fragile environments. Take extra care when fueling your PWC in or near the water. Oil and gasoline spills are very detrimental to the aquatic environment. Fuel on land if possible. Never use your PWC to disturb, chase, or harass wildlife. Boating Basics 21

24 Other PWC Considerations IC Personal flotation devices Sec. 8. A person shall not operate a personal watercraft on public waters unless every individual: 1. operating; 2. riding on; or 3. being towed by; the personal watercraft is wearing a personal flotation device that meets the requirements for designation by the United States Coast Guard as a Type I, Type II, Type III, or Type V personal flotation device, if applicable. As added by P.L , SEC.9. Amended by P.L , SEC.5; P.L , SEC.2. Remember that everyone on board a PWC must wear a life jacket (PFD). Inflatables are not approved for PWC use. Keep hands, feet, loose clothing, and hair away from the pump intake area. Before cleaning debris away from the pump intake, be sure to shut off the engine. Keep everyone clear of the steering nozzle unless the PWC is shut off. The water jet can cause severe injuries. Frequently inspect your PWC s electrical systems (e.g., starter and engine gauge connections) to ensure there is no potential for electrical spark. Gas fumes could collect in the engine compartment and an explosion could occur. After fueling, sniff the engine compartment for any evidence of gas fumes. Never exceed the manufacturer s recommended capacity for your PWC. Know your limits, and ride according to your abilities. See page 71 for other requirements specific to PWCs. 22 Boating Basics

25 Before Going Out All operators are required to obey laws that regulate your vessel s registration, titling, and operation. Registering Your Boat or PWC IC An Indiana certificate of registration is required to operate a vessel legally on public waters unless the vessel is nonmotorized (vessels using an electric trolling motor require registration). Apply to any Bureau of Motor Vehicles (BMV) License Branch to obtain a certificate of registration. You must keep the certificate on board and available for JOHN DOE 100 NORTH ST. inspection by an enforcement INDIANAPOLIS, IN officer whenever the vessel is operated. If your vessel requires registration, it is illegal to operate it or allow others to operate it unless it is registered and properly numbered. If you lose or destroy your certificate of registration, you must apply to the BMV for a duplicate and pay a processing fee. Registration information must be kept current. If you change your address, you must notify a BMV License Branch within 30 days of the change. If you transfer ownership of your vessel or if it is destroyed, you should report it to your local BMV License Branch within 15 days. Larger recreational vessels owned by U.S. citizens may (at the option of the owner) be documented by the U.S. Coast Guard (call ). USCG documented vessels also must be registered but are exempt from displaying the IN registration number. It s the Law! 23

26 If a registered vessel is sold or otherwise transferred to another person, the buyer : Must apply for the certificate of registration to be transferred to his or her name within 31 days from the date of purchase. May operate vessel purchased from a licensed boat dealer for 31 days with a bill of sale and a temporary permit displayed on the forward portion of the vessel. May operate vessel purchased from an individual for 31 days with the valid registration card of the previous owner. Boat Excise Tax IC Indiana law requires owners of vessels that are operated, used, docked, or stored in Indiana to pay the boat excise tax. Vessels subject to excise tax include: Motorboats registered in Indiana Sailboats The amount of boat excise tax paid: Is based on the value of the vessel when new and is reduced 10% each year up to a 50% reduction of the original amount. Is a set fee for vessels that are stored in Indiana for 60 consecutive days or more in a boating year but are not used or docked in Indiana waters. When you receive your certificate of registration, you also receive two excise tax decals. Decals include the date of expiration. Only the current decals may be displayed. The boat excise tax decals are valid for one year. Owners of registered vessels will be sent a renewal notice to their residence automatically. If you lose or destroy your decals, you must apply to the BMV for duplicates and submit a processing fee. 24 It s the Law!

27 Types of Fees Related to Registering a Boat or PWC IC Registration fee: One-time fee charged at the time a vessel is purchased. The fee is based on the vessel s length. Boat excise tax fee: Fee collected annually. The fee is based on value of the vessel when new. DNR fee: Fee of $5.00 assessed every time excise tax decals are purchased. (This fee is waived the year that the one-time registration fee is collected.) The DNR uses this fee to enforce boating laws and improve navigable waters. Lake and River Enhancement (LARE) fee: Fee assessed every time excise tax decals are purchased. The fee is based on the value of the vessel when new. Read more about LARE on page 79. Titling Your Boat or PWC IC A vessel that must be registered also must have a certificate of title unless the vessel was: Acquired by the owner before January 1, 1986 or Less than $3,000 in value when new or Home-built for personal use and not for resale. Although there are exemptions from titling, you still may want to title your vessel. A title verifies ownership in case the vessel is stolen. Residents of Other States Indiana registration and titling is not required for vessels that are registered in another state and Are operated on Indiana waters for less than 60 consecutive days or Their owners have paid the current year s Indiana boat excise tax. Indiana boat excise tax is required for a vessel that is registered in another state if that vessel is operated, used, or docked in Indiana for 22 or more consecutive days. It s the Law! 25

28 IN 8811 BM Excise Tax Decal 1 0 Display of Number and Decals 140 IAC The registration number and excise tax decals must be displayed as follows. Number must be painted, applied as a decal, or otherwise affixed to both sides of the bow. Number must read from left to right on both sides of the bow. Number s color must contrast sharply with its background. Number must be in at least three-inch-high BLOCK letters. Letters must be separated from the numbers by a two-inch space: IN 8811 BM. Number must be a single color and clearly legible from a distance of 100 feet. Excise tax decals must be affixed on both sides of the bow, to the right of and within three inches of the number. No other numbers may be displayed on either side of the bow. Certain sailboats may qualify for an alternate display location for these decals (312 IAC ). If your vessel requires registration, it is illegal to operate it or allow others to operate your vessel unless it is registered and numbered as described above. Registration or Titling Questions? Visit any BMV License Branch or go to online. You also can call the BMV at Registration and title application forms are available at any BMV License Branch and online. 26 It s the Law!

29 Lake Permits All privately owned, motorized and non-motorized boats moored or operating on state park, state forest or reservoir lakes in Indiana must have a lake permit displayed on the boat. Permits are available at any state park or reservoir offices, at the DNR customer service center, or online at Fees for permits are as follows: motorized watercraft: $20.00 non-motorized watercraft: $5.00 Hull Identification Number The Hull Identification Number (HIN) is a unique, 12-digit number assigned by the manufacturer to vessels built after Hull Identification Numbers: Distinguish one vessel from another. ABC B6 06 Hull Serial Number Manufacturer s Identification Code (MIC) 2010 MLP00000 Expires December 31, 2010 DNR LAKE PERMIT INDIANA DEPARTMENT OF NATURAL RESOURCES 2010 Expires December 31, 2010 Date of Manufacture Are engraved in the fiberglass or on a metal plate permanently attached to the transom. You should write down your HIN and put it in a place separate from your vessel in case warranty problems arise or your vessel is stolen. You may obtain a HIN for a home-built boat or replace a missing HIN by applying to your local BMV License Branch. MMOTORIZED NMP00000 NON-MOTORIZED DNR LAKE PERMIT INDIANA DEPARTMENT OF NATURAL RESOURCES Model Year It s the Law! 27

30 Who May Operate a Vessel IC Bureau defined Sec. 1. As used in this chapter, bureau refers to the bureau of motor vehicles established by IC As added by P.L , SEC.8. IC Driver s license defined Sec. 3. As used in this chapter, driver s license means: 1. an Indiana driver s license; or 2. a license to operate a motor vehicle issued under the laws of a jurisdiction other than Indiana. As added by P.L , SEC.8. IC Indiana driver s license defined Sec. 4. As used in this chapter, Indiana driver s license means: 1. an operator s license; 2. a chauffeur s license; or 3. a public passenger chauffeur s license; that is issued to an individual by the bureau of motor vehicles under IC As added by P.L , SEC.8. IC Individual defined Sec. 5. As used in this chapter, individual means an individual human being. As added by P.L , SEC.8. IC Motorboat defined Sec. 6. (a) As used in this chapter, motorboat means a watercraft that is: 1. equipped with an internal combustion, a steam, or an electrical motor or engine that is inboard or outboard; or 2. propelled by any mechanical means. (b) The term includes a personal watercraft. 28 It s the Law!

31 (c) The term includes a sailboat that is equipped with a motor or an engine described in subsection (a)(1) when in operation, whether or not the sails are hoisted. (d) The term does not include a boat that is propelled by only one (1) motor or engine if the motor or engine is rated at not more than ten (10) horsepower. As added by P.L , SEC.8. IC /IC Personal watercraft defined Sec Personal watercraft, for purposes of IC 14-15, means a watercraft: 1. whose primary source of motive power is an inboard motor powering a water jet pump; and 2. that is designed to be operated by a person who sits, stands, or kneels on the surface of the watercraft rather than sitting or standing inside the watercraft. As added by P.L , SEC.7. IC /IC Public waters defined Sec Public waters, for purposes of IC 14-15, means every lake, river, stream, canal, ditch, and body of water that is: 1. subject to the jurisdiction of the state; or 2. owned or controlled by a public utility. As added by P.L , SEC.1. IC License requirements Sec. 9. (a) Except as provided in subsections (b) and (c), an individual may not operate a motorboat on public waters unless the individual holds a valid driver s license. (b) An individual who is at least fifteen (15) years of age and who does not hold a valid driver s license may operate a motorboat on public waters if the individual: 1. has been issued an identification card by the bureau under IC ; and 2. has successfully completed a boating education course approved by the department for the purposes of this chapter. It s the Law! 29

32 (c) An individual who: 1. is at least twenty-one (21) years of age; and 2. does not hold: A. a valid driver s license; or B. a driver s license that is suspended or revoked; may operate a motorboat on public waters if the individual is issued an identification card by the bureau under IC before January 1, As added by P.L , SEC.8. IC Knowing or intentional violations Sec. 10. (a) Except as provided in section 11 of this chapter, an individual who knowingly or intentionally operates a motorboat on public waters in violation of section 9 of this chapter commits a Class C infraction. (b) In a proceeding to enforce this section, the burden is on the defendant to prove by a preponderance of the evidence that, at the time of the alleged offense, the defendant held a valid driver s license or identification card. As added by P.L , SEC.8. IC Operation of motorboat while license is suspended or revoked Sec. 11. (a) Except as provided in subsection (b), a person who operates a motorboat upon public waters while the person s Indiana driver s license is suspended or revoked commits a Class A infraction. However, if: 1. a person knowingly or intentionally violates this subsection; and 2. less than ten (10) years have elapsed between the date a judgment was entered against the person for a prior unrelated violation of this subsection, IC (repealed July 1, 1991), IC (repealed July 1, 2000), or IC and the date the violation described in subdivision (1) was committed; the person commits a Class A misdemeanor. (b) If: 1. a person operates a motorboat upon public waters while the person s Indiana driver s license is suspended or revoked; and 30 It s the Law!

33 2. the person s suspension or revocation was a result of the person s conviction of an offense (as defined in IC ); the person commits a Class A misdemeanor. However, notwithstanding IC , a person who violates this subsection shall be imprisoned for a fixed term of not less than sixty (60) days and not more than one (1) year. Notwithstanding IC , the court may not suspend any part of the sentence except that part of the sentence exceeding sixty (60) days. (c) In addition to any other penalty imposed for a conviction under this section, the court shall recommend that the person s privileges to operate a motorboat upon public waters be suspended for a fixed period of not less than ninety (90) days and not more than two (2) years. (d) The bureau, upon receiving a record of conviction of a person on a charge of operating a motorboat while the person s driver s license was suspended, shall extend the period of suspension for a fixed period of not less than ninety (90) days and not more than two (2) years. The bureau shall fix this period in accordance with the recommendation of the court that entered the conviction. (e) In a prosecution under this section, the burden is on the defendant to prove by a preponderance of the evidence that, at the time of the alleged offense, the defendant held a valid Indiana driver s license. As added by P.L , SEC.8. Amended by P.L , SEC.8. IC Unlawful authorization to operate motorboat Sec. 12. (a) A person may not authorize or knowingly permit a motorboat that is: 1. owned by the person; or 2. under the person s control; to be driven by a person whose operation of the motorboat violates this chapter. (b) A person who violates this section commits a Class C infraction. As added by P.L , SEC.8. It s the Law! 31

34 IC Rules Sec. 13. (a) The bureau of motor vehicles and the natural resources commission established by IC shall adopt rules under IC to administer this chapter. (b) The bureau of motor vehicles shall adopt rules concerning the following matters: 1. The suspension of a motorboat operator s license under section 14 of this chapter. 2. The assessment of points under section 17 of this chapter against a person who commits a misdemeanor by operating a motorboat. (c) The natural resources commission shall adopt rules concerning the following matters: 1. The duties of the department under this chapter. 2. The information that a boating education course must offer in order to be approved by the department for purposes of this chapter. As added by P.L , SEC.8. IC Suspension or revocation of driver s license by bureau Sec. 14. (a) The bureau may suspend or revoke the driver s license of a person upon the conviction of the person of a crime based on a violation of IC , IC , or IC (b) In suspending or revoking a driver s license under this section, the bureau shall follow the procedure set forth in IC As added by P.L , SEC.8. IC Suspension or revocation of driver s license on recommendation of court Sec. 15. (a) A court in which an individual is convicted of a crime based on a violation of IC , IC , or IC relating to the operation of a motorboat shall forward a certified abstract of the record of the conviction to the bureau. (b) If, in the opinion of the court, an individual referred to in subsection (a) should be deprived of the privilege of operating a vehicle or motorboat, the court shall recommend the suspension of the Indiana driver s license issued to the individual for a fixed 32 It s the Law!

35 period. The period of the suspension shall be established by the court but may not exceed one (1) year. (c) Upon receiving the recommendation of the court under subsection (b), the bureau shall suspend the individual s license for the period recommended by the court. (d) A certified abstract forwarded to the bureau under subsection (a): 1. must be in the form prescribed by the bureau; and 2. shall be accepted by an administrative agency or a court as prima facie evidence of the conviction and all other action stated in the abstract. As added by P.L , SEC.8. IC Boating education course Sec. 16. (a) If a person s Indiana driver s license is suspended under section 15 of this chapter, the court that recommends the suspension of the person s driver s license may require the person, as a prerequisite to the ending of the suspension, to successfully complete a boating education course approved by the department for the purposes of this chapter. (b) A court that makes the ending of the suspension of a person s Indiana driver s license conditional upon the person s completion of the boating education course under subsection (a) may also order the refunding to the person of part or all of the fine paid by the person upon conviction of the crime for which the person s license was suspended, upon the person s completion of the boating education course. As added by P.L , SEC.8. IC Assessment of points for motorboat violations Sec. 17. (a) For purposes of the point system for Indiana traffic convictions operated by the bureau under 140 IAC 1-4.5, the bureau shall assess points against a person who commits a crime by operating a motorboat in violation of: 1. IC ; 2. IC ; or 3. C It s the Law! 33

36 (b) The bureau shall assess points against a person under this section for each crime referred to in subsection (a) that is committed by the person. (c) The point study committee appointed by the commissioner under 140 IAC , in consultation with the department, shall determine the number of points assessed under subsection (a) for each type of criminal violation of IC , IC , or IC based on the evaluation by the committee of the danger to human life, human physical safety, and property posed by the violation. As added by P.L , SEC.8. All motorboat or PWC operators must have a valid driver s license to operate on all Indiana public waters. Motorboat operators who are 15 years of age may operate a motorboat or PWC until they become a licensed driver only if they complete a boater education course approved by the Department of Natural Resources and have on board an ID card issued by the Indiana Bureau of Motor Vehicles (BMV). A person who has never been licensed by the BMV must complete an approved boater education course successfully and have on board an ID issued by the Indiana BMV to operate a motorboat legally. No one under 15 years of age may legally operate a motorboat greater than 10 horsepower or a PWC. If you operate your motorboat recklessly while intoxicated or break the PWC laws, you could have points assessed against your vehicle driver s license. On Indiana boundary waters, Indiana residents are required to have a driver s license. Non-residents are not required to have a license unless operating in an embayment, river, or stream in Indiana. 34 It s the Law!

37 Marine Events IC (a);312 IAC A permit may be required for any of the following situations occurring on public waters. Permits are issued following a site investigation. Persons planning an event or wanting to place a structure in the waterway must contact the DNR, Law Enforcement Division headquarters for more information and forms. This applies to events or structures such as: Boat race Water-ski event Water-ski course or jump Swimming platform or anchored swim raft Buoys, markers, or flags Major organized boating activities to be conducted on public waters require a permit. If you plan to host an event that involves 15 or more watercraft as participants or an event that will draw 50 or more boats as spectators, you need a permit. If you conduct an event on public waters that will disrupt normal boat traffic, you need to apply. It s the Law! 35

38 Fishing Tournaments 312 IAC 2-4 In Indiana, fishing tournaments on public waters can be regulated only by the Department of Natural Resources. However, a county or city park department (or another local entity such as a conservancy district) might place restrictions on the use of an access site, including restrictions pertaining to fishing tournaments. It is advisable to check with the owner/operator of the launch facility before planning your event to see what regulations apply. For more information, visit: What is considered a fishing tournament? A fishing tournament is defined as an activity involving 15 or more watercraft used for taking fish where: Persons compete for a trophy, citation, cash, or prize or A fee is charged to participants. DNR properties that have public water where fishing tournaments are managed include all of the reservoir properties: Brookville, Hardy, Huntington, Lieber, Mississinewa, Monroe, Patoka, Raccoon and Salamonie lakes. Anyone wishing to hold a tournament on any of these lakes must contact the DNR, State Parks and Reservoirs. In addition, the Natural Resource Commission has adopted rules governing fishing tournaments. These rules apply to Lake Wawasee and Syracuse Lake in Kosciusko County. 36 It s the Law!

39 Diver-Down Flags IC Indiana law requires that scuba divers or snorkelers display a diver-down flag to mark the diving area. The diver must stay within 100 feet of the flag. Boats must stay at least 150 feet away from the flag unless directly involved in supporting the diver. Two types of flags are used to indicate diving activity. Divers Flag A rectangular red flag, at least 12 x 12 inches, with a white diagonal stripe is used to indicate the presence of a submerged diver in the area. Indiana law requires that divers display this flag prominently and stay within 100 feet of the flag. Alfa Flag A blue and white International Code Flag A (or Alfa flag), at least 3.3 feet (one meter) high and visible from all directions, must be displayed on boats on federal waters whenever these boats are restricted in their ability to maneuver by the diving operation. Enforcement IC The boating laws of Indiana are enforced by the conservation officers of the Indiana Department of Natural Resources, the U.S. Coast Guard officers, and any other authorized peace officer or law enforcement officer. Officers have the authority to stop and board boats in order to check for compliance with state and federal laws. The U.S. Coast Guard also has enforcement authority on Waters of Concurrent Jurisdiction. It s the Law! 37

40 Required Equipment When preparing to go out, the operator must check that the legally required equipment is on board. Personal Flotation Devices (PFDs) IC (b) Personal flotation devices Sec. 6. (b) All boats must be equipped with the number and type of personal flotation devices listed in this subsection. A person may not operate a boat unless the boat contains: 1. for each person on board, one (1) personal flotation device that meets the requirements for designation by the United States Coast Guard as a Type I, Type II, Type III, or Type V personal flotation device; and 2. for a boat, except a canoe or kayak, at least sixteen (16) feet in length and in addition to the requirements of subdivision (1), one (1) personal flotation device that meets the requirements for designation by the United States Coast Guard as a Type IV personal flotation device. All vessels must carry one wearable (Type I, II, III, or V) U.S. Coast Guard approved PFD for each person on board or being towed. In addition to the above requirement, vessels 16 feet in length or longer (except a canoe or kayak) must have one Type IV USCG approved PFD on board and readily accessible. Each person on board a personal watercraft must wear a PFD. All persons being towed behind a PWC on water skis or any other device must wear a USCG approved PFD. Ski belts are not USCG approved. 38 It s the Law!