By Chief Tom Rau, Coast Guard Group Grand Haven The nationwide growing unrest with personal watercraft (PWC) provides a challenge as how to deal with this conflict between a seemingly very popular water sport and a seemingly disgruntled public. A look at Michigan’s latest PWC regulations not only reveals public concern it also sends a message to PWC operators that it could well be the beginning of even more stringent laws. Whether that comes to pass, I suspect depends a great deal on how well these latest laws are followed. Here’s a highlight of Michigan’s ‘Personal Watercraft Safety Act’ recently signed into law by Governor Egler. Cutoff switch: Lanyard-type engine cutoff switch shall be attached to a person’s clothing or personal floatation device while operating a personal water craft. Operating Hours: A person shall not operate a personal watercraft on state waters 1 hour before sunset and until 8 a.m. of the following day. "Sunset" time will be determined by the national weather service. Other vessels: A person operating a personal watercraft shall not cross within 150 feet behind another vessel, other than a personal watercraft, unless the person is operating the personal watercraft at slow- no wake speed. Water Depth: A person shall not operate a personal watercraft on state waters where the depth is less than 2 feet unless: (a) The personal watercraft is being operated at slow- no wake speed. (b) The personal watercraft is being docked or launched. Reckless Operation: The law considers the following to be reckless operation of a personal watercraft (a) Weaving through congested vessel traffic. (b) Jumping the wake of another vessel unreasonable or unnecessarily close to the other vessel or when visibility around the other vessel is obstructed. (c) Waiting until the last possible moment before swerving to avoid a collision. In short, any maneuver that unreasonablyendangers life, limb or property. Conviction reckless operation: Upon conviction the court may order prohibiting the person from operating personal water craft for a period of not more than 2 years, and shall order the person to complete a boating safety course. A person who violates this section twice within 3 years is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $1,000. Three or more convictions within a 5-year period will draw 90 days and a fine not more that $2,000 or both. Crew Capacity: A person shall not operate personal watercraft carrying more persons than it is designed to carry. Distance from shore: Except when traveling at slow- no wake speed perpendicular to the shoreline on Lake Michigan, an operator of a personal watercraft shall maintain a distance of 200 feet from the shoreline. Distance from objects: A person who operates a personal watercraft shall maintain a distance of not less than 100 feet from a dock, raft, or buoy or occupied bathing or swimming areas, a person in the water or on the water in a personal floatation device, or a vessel moored, anchored, drifting, or sitting dead in the water. Distance from divers: A person who operates a personal watercraft shall maintain a distance of not less than 200 feet from a submerged diver, or a vessel engaged in underwater diving activities. Operating age: A person who is 12 or more and less than 14 years of age before January 1, 1999 may use a personal watercraft on the waters of this state if before January 1, 1999 he or she obtained a boating safety certificate. Furthermore, a person who was born after December 31, 1978 shall not operate a personal watercraft upon the waters of this state unless he or she first obtains a boating safety certificate. Personal flotation device: A person shall not operate a personal watercraft unless each person on board is wearing a personal flotation device that is not inflatable. Liability of owner: The owner of a personal watercraft is liable for any injury due to negligent operation of the personal watercraft. The owner is not liable unless the personal watercraft is being used with his or her expressed or implied consent. It shall be presumed that the personal watercraft is being operated with the knowledge and consent of the owner if it is driven at the time of the injury by his or son, daughter, spouse, father, mother, brother, sister, or other immediate member of the owner’s family. Conclusion: From my own observations of personal watercraft most operators are following these rules. It’s the proverbial handful of disregards who are drawing public scorn. Personal watercraft operators can greatly help their sport by getting these pirates to - boat smart. Boat Smart is now on the internet: www.boatsmart.net (includeds Lake Michigan water tempertures and local weather). Use Channel 16 for emergnecies, Channel 09 for calling fellow boaters.
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