2005 North Carolina Code - General Statutes Article 1 - Boating Safety Act.

Chapter 75A.

Boating and Water Safety.

Article 1.

Boating Safety Act.

§ 75A‑1.� Declaration of policy.

It is the policy of this State to promote safety for persons and property in and connected with the use, operation, and equipment of vessels, and to promote uniformity of laws relating thereto. (1959, c. 1064, s. 1.)

 

§ 75A‑2.� Definitions.

As used in this Chapter, unless the context clearly requires a different meaning:

(1)������ "Motorboat" means any vessel equipped with propulsion machinery of any type, whether or not such machinery is the principal source of propulsion: Provided, that "propulsion machinery" as used in this section shall not include an electric motor when used as the only means of mechanical propulsion of any vessel: Provided further, that the term "motorboat" shall not include a vessel which has a valid marine document issued by the Bureau of Customs of the United States government or any federal agency successor thereto.

(2)������ "Operate" means to navigate or otherwise use or occupy a motorboat or vessel, and shall be applicable to any motorboat or vessel that is afloat.

(3)������ "Owner" means a person, other than a lienholder, having the property in or title to a vessel. The term includes a person entitled to the use or possession of a vessel subject to an interest in another person, reserved or created by agreement and securing payment or performance of an obligation, but the term excludes a lessee under a lease not intended as security.

(4)������ "Person" means an individual, partnership, firm, corporation, association, or other entity.

(5)������ "Vessel" means every description of watercraft or structure, other than a seaplane on the water, used or capable of being used as a means of transportation or habitation on the water.

(6)������ "Waters of this State" means any waters within the territorial limits of this State, and the marginal sea adjacent to this State and the high seas when navigated as a part of a journey or ride to or from the shore of this State, but does not include private ponds as defined in G.S. 113‑129.

(7)������ "Electric generating facility" means any plant facilities and equipment for the purposes of producing, generating, transmitting, delivering or furnishing electricity for the production of power. (1959, c. 1064, s. 2; 1965, c. 634, s. 1; 1969, c. 87; 1975, c. 340, s. 1; 1983, c. 446, s. 1; 1993 (Reg. Sess., 1994), c. 753, s. 2.)

 

§ 75A‑3.� Wildlife Resources Commission to administer Chapter; Motorboat Committee; funds for administration.

(a)������ It shall be the duty and responsibility of the North Carolina Wildlife Resources Commission to enforce and administer the provisions of this Chapter.

(b)������ The chairman of the Wildlife Resources Commission shall designate from among the members of the Wildlife Resources Commission three members who shall serve as the Motorboat Committee of the Wildlife Resources Commission, and who shall, in their activities with the Commission, place special emphasis on the administration and enforcement of this Chapter.

(c)������ The Boating Account is established within the Wildlife Resources Fund created under G.S. 143‑250. All moneys collected pursuant to the numbering and titling provisions of this Chapter shall be credited to this Account. Gasoline excise tax revenue is credited to the Account under G.S. 105‑449.126. Revenue in the Account shall be used by the Wildlife Resources Commission, subject to the Executive Budget Act and the Personnel Act, for the administration and enforcement of this Chapter; for activities relating to boating and water safety including education and waterway marking and improvement; and for boating access area acquisition, development, and maintenance. At least three dollars ($3.00) of each one‑year vessel registration fee and at least nine dollars ($9.00) of each three‑year vessel registration fee collected under the numbering provisions of G.S. 75A‑5 shall be used for boating access area acquisition, development, and maintenance. (1959, c. 1064, s. 3; 1961, c. 644; 1963, c. 1003; 1981 (Reg. Sess., 1982), c. 1182, s. 2; 1993, c. 422, s. 1; 1995, c. 390, s. 13; 1999‑392, s. 5.)

 

§ 75A‑4.� Identification numbers required.

Every vessel on the waters of this State shall be numbered, except those vessels exempted from numbering under G.S. 75A‑7. No person shall operate or give permission for the operation of any vessel on such waters unless the vessel is numbered in accordance with this Chapter, or in accordance with applicable federal law, or in accordance with a federally approved numbering system of another state, and unless

(1)������ The certificate of number awarded to such vessel is in full force and effect, and

(2)������ The identifying number set forth in the certificate of number is displayed on each side of the bow of such vessel. (1959, c. 1064, s. 4; 1983, c. 446, s. 1; 1999‑392, s. 1.)

 

§ 75A‑5.� Application for numbers; fee; displaying; reciprocity; change of ownership; loss of certificate; presumption from possession of certificate; conformity with United States regulations; award of certificates; records; renewal of certificates; transfer of interest, abandonment, etc.; change of address; unauthorized numbers.

(a)������ The owner of each vessel requiring numbering by this State shall file an application for number with the Wildlife Resources Commission on forms approved by it. The application shall be signed by the owner of the vessel, or his agent, and shall be accompanied by a fee of ten dollars ($10.00) for a one‑year period or by a fee of twenty‑five dollars ($25.00) for a three‑year period; provided, however, there shall be no fee charged for vessels owned and operated by nonprofit rescue squads if they are operated exclusively for rescue purposes, including rescue training. The applicant shall have the option of selecting a one‑year numbering period or a three‑year numbering period. Upon receipt of the application in approved form, the Commission shall have the same entered upon the records of its office and issue to the applicant a certificate of number stating the number awarded to the vessel and the name and address of the owner, and a validation decal indicating the expiration date of the certificate of number. The owner shall paint on or attach to each side of the bow of the vessel the identification number in such manner as may be prescribed by rules of the Commission in order that it may be clearly visible. The number shall be maintained in legible condition. The validation decal shall be displayed on the starboard bow of the vessel immediately following the number. The certificate of number shall be pocket size and shall be available at all times for inspection on the vessel for which issued, whenever such vessel is in operation. Provided, however, any person charged with failing to so carry such certificate of number shall not be convicted if he produces in court a certificate of number theretofore issued to him and valid at the time of his arrest.

(b)������ The owner of any vessel already covered by a number in full force and effect which has been awarded to it pursuant to then operative federal law or a federally approved numbering system of another state shall record the number prior to operating the vessel on the waters of this State in excess of the 90‑day reciprocity period provided for in G.S. 75A‑7(a)(1). Such recordation shall be in the manner and pursuant to the procedure required for the award of a number under subsection (a) of this section, except that no additional or substitute number shall be issued.

(c)������ Should the ownership of a vessel change, a new application form with a fee of ten dollars ($10.00) for a one‑year period or by a fee of twenty‑five dollars ($25.00) for a three‑year period shall be filed with the Wildlife Resources Commission and a new certificate bearing the same number shall be awarded the new owner in the manner as provided for in an original award of number. In case a certificate should become lost, a new certificate bearing the same number shall be issued upon payment of a fee of two dollars ($2.00). Possession of the certificate shall in cases involving prosecution for violation of any provision of this Chapter be prima facie evidence that the person whose name appears therein is the owner of the boat referred to therein.

(d)������ In the event that an agency of the United States government shall have in force an over‑all system of identification numbering for vessels within the United States, the numbering system employed pursuant to this Chapter by the Wildlife Resources Commission shall be in conformity therewith.

(e)������ The Wildlife Resources Commission may issue any vessel transaction pursuant to the provisions of Article 1 or 4 of this Chapter directly or may authorize any person qualified as prescribed in subsection (l) of this section to act as agent for the issuance of vessel transactions subject to the requirements set forth in this Chapter. Upon acceptance of this authorization, an agent's actions in issuing any vessel transaction pursuant to this Chapter shall be valid as if issued directly by the Commission. As compensation for services rendered to the Commission and to the general public, the agent shall receive the following specified commission from the statutory fee for each listed transaction:

(1)������ Renewal of vessel registration � $1.25.

(2)������ Transfer of ownership and registration of a vessel � $3.00.

(3)������ Issuance of new certificate of vessel number and registration � $3.00.

(4)������ Issuance of duplicate vessel registration � $0.50.

(5)������ Issuance, transfer, duplication, or lien recordation of vessel title � $3.00.

It is a Class 1 misdemeanor for any such agent to charge or accept any additional fee, remuneration, or other thing of value for such services.

(f)������� All records of the Wildlife Resources Commission made or kept pursuant to this section shall be public records.

(g)������ Each certificate of number awarded pursuant to this Chapter, unless sooner terminated or discontinued in accordance with the provisions of this Chapter, shall continue in full force and effect to and including the last day of the same month during which the same was awarded after the lapse of one year in the case of a one‑year certificate or three years in the case of a three‑year certificate. In addition to the year of expiration, the validation decal required by subsection (a) of this section shall indicate the last month during which the certificate is valid. No person shall willfully remove a validation decal from any vessel during the continuance of its validity or alter, counterfeit, or otherwise tamper with a validation decal attached to any vessel for the purpose of changing or obscuring the indicated date of expiration of the certificate of number of such vessel.

(h)������ Each certificate of number awarded pursuant to this Chapter must be renewed on or before the first day of the month next succeeding that during which the same expires; otherwise, such certificate shall lapse and be void until such time as it may thereafter be renewed. Application for renewal shall be submitted on a form approved by the Wildlife Resources Commission and shall be accompanied by a fee of ten dollars ($10.00) for a one‑year period or by a fee of twenty‑five dollars ($25.00) for a three‑year period; provided, there shall be no fee required for renewal of certificates of number which have been previously issued to commercial fishing vessels as defined in G.S. 75A‑5.1, upon compliance with all of the requirements of that section.

(i)������� The owner shall furnish the Wildlife Resources Commission notice of the transfer of all or any part of his interest other than the creation of a security interest in a vessel numbered in this State pursuant to subsections (a) and (b) of this section or of the destruction or abandonment of such vessel, within 15 days thereof. Such transfer, destruction, or abandonment shall terminate the certificate of number for such vessel except that, in the case of a transfer of a part interest which does not affect the owner's right to operate such vessel, such transfer shall not terminate the certificate of number.

(j)������� Any holder of a certificate of number shall notify the Wildlife Resources Commission within 15 days if his address no longer conforms to the address appearing on the certificate, and shall, as a part of such notification, furnish the Commission his new address. The Commission may provide in its rules and regulations for the surrender of the certificate bearing the former address and its replacement with a certificate bearing the new address or for the alteration of an outstanding certificate to show the new address of the holder.

(k)������ No number other than the number awarded to a vessel or granted reciprocity pursuant to this Chapter shall be painted, attached, or otherwise displayed on either side of the bow of such vessel, except the validation decal required by subsection (a) of this section.

(l)������� When certificates of number are to be issued by agents as provided by subsection (e) of this section, the Wildlife Resources Commission may establish administrative guidelines that prescribe:

(1)������ The qualifications of agents;

(2)������ The duties of agents;

(3)������ Methods and procedures to ensure accountability and security for proceeds and unissued certificates of number;

(4)������ Requirements for security bonds in amounts sufficient to protect the State against loss of public funds or documents;

(5)������ Methods and procedures, including submission of the kinds and amounts of evidence deemed sufficient to relieve an agent of responsibility for losses due to occurrences beyond the agent's control; and

(6)������ Any other reasonable requirement or condition deemed necessary and desirable to expedite and control the issuance of certificates of boat number by agents.

In accordance with administrative guidelines developed pursuant to this section, the executive director may:

(1)������ Select and appoint agents in the areas most convenient to the boating public and limit the number of agents in any one area if necessary for efficiency of operation;

(2)������ Require prompt and accurate reporting and remittance of public funds or documents by agents;

(3)������ Conduct periodic and special audits of accounts;

(4)������ Terminate the authorization of any agent found to be in noncompliance with administrative guidelines or directives of the Commission or when State funds or property are reasonably believed to be in jeopardy; and

(5)������ Demand the immediate surrender of all accounts, forms, certificates, decals, records, and State funds and property in the event of the termination of an agency.

A person who is denied the authority to act as an agent for the issuance of certificates of number and validation decals or whose authority to do so is revoked may not commence a contested case under G.S. 150B‑23. If any check or draft of any agent for the issuance of certificates of boat number shall be returned by the banking facility upon which the same is drawn for lack of funds, such agent shall be liable to the Wildlife Resources Commission for a penalty of five percent (5%) of the amount of such check or draft, but in no event shall such penalty be less than five dollars ($5.00) or more than two hundred dollars ($200.00). Agents shall be assessed a penalty of twenty‑five percent (25%) of their issuing fee on all remittances to the Commission after the fifteenth day of the month immediately following the month of sale. (1959, c. 1064, s. 5; 1961, c. 469, s. 1; 1963, c. 470; 1975, c. 483, ss. 1, 2; 1977, c. 566; 1979, c. 761, ss. 1‑7; 1981, c. 161; 1983, c. 194; c. 446, ss. 1, 2; 1987, c. 827, s. 4; 1993, c. 422, ss. 2‑4; c. 539, ss. 563, 564; 1994, Ex. Sess., c. 24, s. 14(c); 1998‑225, s. 4.1; 1999‑248, ss. 1, 2; 1999‑392, ss. 2‑4.)

 

§ 75A‑5.1.� Commercial fishing vessels; renewal of number.

(a)������ The owner of any commercial fishing vessel that is registered under the provisions of G.S. 113‑168.6 may renew the certificate of number of the vessel when the owner has complied with all of the conditions of this section.

(b)������ As used in this section, "commercial fishing vessel" is a vessel used in a commercial fishing operation, as defined in G.S. 113‑168.

(c)������ In order to be entitled to renewal of certificate of number under the provisions of this section, the owner of the vessel shall submit, and the Wildlife Resources Commission shall require:

(1)������ The regular application for renewal of the certificate of number of the vessel, as provided by G.S. 75A‑5;

(2)������ A statement, on a form to be supplied by the Commission, and signed by the applicant, that the vessel for which the application for renewal is made is a commercial fishing vessel; and

(3)������ A receipt, signed by an authorized agent of the Department of Environment and Natural Resources, and bearing the number awarded to the boat under the provisions of this Chapter, showing that the commercial fishing vessel registration fee imposed by G.S. 113‑168.6 has been paid for the vessel for the period during which the application for renewal of the certificate of number is submitted.

(d)������ Any person who shall willfully give false information upon the application or the statement required by this section or who shall falsify any registration fee receipt required by this section shall be guilty of a Class 1 misdemeanor.� (1961, c. 469, s. 2; 1965, c. 957, s. 8; 1973, c. 1262, s. 86; 1977, c. 771, s. 4; 1983, c. 446, s. 2; 1989, c. 727, s. 218(16); 1993, c. 539, s. 565; 1994, Ex. Sess., c. 24, s. 14(c); 1997‑443, s. 11A.119(a); 1998‑225, s. 4.2.)

 

§ 75A‑6.� Classification; rules.

(a)������ Motorboats subject to the provisions of this Chapter shall be divided into four classes as follows:

(1)������ Class A. Less than 16 feet in length.

(2)������ Class 1. Sixteen feet or over and less than 26 feet in length.

(3)������ Class 2. Twenty‑six feet or over and less than 40 feet in length.

(4)������ Class 3. Forty feet or over.

(b)������ through (e)� Repealed by Session Laws 1993, c. 361, s. 2.

(f)������� Every motorboat shall carry at least one life preserver, or life belt, or ring buoy, or other device of the sort prescribed by the regulations of the Wildlife Resources Commission for each person on board, so placed as to be readily accessible: Provided, that every motorboat carrying passengers for hire shall carry so placed as to be readily accessible at least one life preserver of the sort prescribed by the regulations of the Commission for each person on board.

(g)������ Every motorboat shall be provided with such number, size, and type of fire extinguishers, capable of promptly and effectually extinguishing burning gasoline, as may be prescribed by the regulations of the Wildlife Resources Commission, which fire extinguishers shall be at all times kept in condition for immediate and effective use and shall be so placed as to be readily accessible.

(h)������ The provisions of subsection (g) of this section shall not apply to motorboats while competing in any race conducted pursuant to G.S. 75A‑14 or, if such boats be designed and intended solely for racing, while engaged in such navigation as is incidental to the tuning up of the boats and engines for the race.

(i)������� Every motorboat shall have the carburetor or carburetors of every engine therein (except outboard motors) using gasoline as fuel, equipped with such efficient flame arrestor, backfire trap, or other similar device as may be prescribed by the regulations of the Wildlife Resources Commission.

(j)������� Every such motorboat and every such vessel, except open boats, using as fuel any liquid of a volatile nature, shall be provided with such means as may be prescribed by the regulations of the Wildlife Resources Commission properly and efficiently ventilating the bilges of the engine and fuel tank compartments so as to remove any explosive or inflammable gases.

(k)������ Repealed by Session Laws 1993, c. 361, s. 2.

(l)������� No person shall operate or give permission for the operation of a vessel which is not equipped as required by this section or modification thereof.

(m)����� In the event that any of the regulations of subsections (a), (f), (g), (h), (i), (j), and (l) of this section are in conflict with the equipment regulations of the Federal Boat Safety Act of 1971 and the federal regulations adopted pursuant thereto, the Wildlife Resources Commission is hereby granted the authority to adopt such regulations as are necessary to conform with the Federal Boat Safety Act of 1971 and the federal regulations adopted pursuant thereto.

(n)������ All boats propelled by machinery of 10 hp or less, which are operated on the public waters of this State, shall carry at least one life preserver, or life belt, or ring buoy, or other device of the sort prescribed by the regulations of the Wildlife Resources Commission for each person on board, and from one‑half hour after sunset to one‑half hour before sunrise shall carry a white light in the stern or shall have on board a hand flashlight in good working condition, which light shall be ready at hand and shall be temporarily displayed in sufficient time to prevent collision.

(o)������ The Commission for Health Services shall adopt rules establishing standards for the approval of sewage treatment devices and holding tanks for marine toilets installed in boats operating on the inland fishing waters of the State as designated by the Wildlife Resources Commission and the inland lake waters of the State.� No vessel operating on the inland fishing waters of the State as designated by the Wildlife Resources Commission and the inland lake waters of this State that is equipped with a marine toilet shall be registered by the Wildlife Resources Commission unless such vessel is provided with a sewage treatment device or holding tank approved by the Commission for Health Services.� All vessels operating on the inland fishing waters of the State as designated by the Wildlife Resources Commission and the inland lake waters of the State that are equipped with a marine toilet shall be required to provide a sewage treatment device or holding tank approved by the Commission for Health Services.� The protectors of the Wildlife Resources Commission shall inspect vessels on the inland fishing waters of the State as designated by the Wildlife Resources Commission and the inland lake waters to determine if approved treatment devices or holding tanks are properly installed and if they are operating in a satisfactory manner.� A vessel registered, documented or otherwise licensed in another state and equipped with a marine toilet not prohibited in such state may be operated on the inland fishing waters of the State as designated by the Wildlife Resources Commission, without regard to the provisions of this subsection while making an interstate trip. (1959, c. 1064, s. 6; 1963, c. 396; 1965, c. 634, s. 2; 1967, cc. 230, 1075; 1971, c. 296, ss. 1, 2; 1973, c. 476, s. 128; 1975, c. 340, s. 2; c. 483, s. 3; 1989 (Reg. Sess., 1990), c. 1004, s. 55; 1993, c. 361, s. 2.)

 

§ 75A‑6.1.� Navigation rules.

(a)������ Every vessel operated on the waters of this State that is required to obtain an identification number pursuant to this Chapter or pursuant to a federally approved numbering system of another state shall comply with the navigation rules, including requirements for navigational lights, sound‑signalling devices, and other equipment, contained in the Inland Navigational Rules Act of 1980, codified as amended at 33 U.S.C. §§ 2001‑2038, 2071‑2073 (1993) and rules adopted pursuant thereto, see 33 C.F.R. Part 84 (1992).

(b)������ The Wildlife Resources Commission is responsible for the enforcement of the rules specified in subsection (a) of this section.� The rules specified in subsection (a) of this section are also enforceable by all peace officers with general subject matter jurisdiction.

(c)������ Violation of the navigation rules specified in subsection (a) of this section shall constitute a Class 3 misdemeanor and is punishable only by a fine not to exceed one hundred dollars ($100.00). (1993, c. 361, s. 1; 1994, Ex. Sess., c. 14, s. 44.)

 

§ 75A‑7.� Exemption from numbering requirements.

(a)������ A vessel shall not be required to be numbered under this Chapter if it is:

(1)������ A vessel which is required to be awarded a number pursuant to federal law or a federally approved numbering system of another state, and for which a number has been so awarded: Provided, that any such boat shall not have been within this State for a period in excess of 90 consecutive days.

(2)������ A vessel from a country other than the United States temporarily using the waters of this State.

(3)������ A vessel whose owner is the United States, a state or a subdivision thereof.

(4)������ A ship's lifeboat.

(5)������ A vessel which has a valid marine document issued by the Bureau of Customs of the United States government or any federal agency successor thereto.

(6)������ A sailboat of not more than 14 feet on the load water line (LWL).

(7)������ A vessel with no means of propulsion other than drifting or manual paddling, poling, or rowing.

(b)������ The Wildlife Resources Commission is hereby empowered to permit the voluntary numbering of vessels owned by the United States, a state or a subdivision thereof.

(c)������ Those vessels owned by the United States, a state or a subdivision thereof and those owned by nonprofit rescue squads may be� assigned a certificate of number bearing no expiration date but which shall be stamped with the word "permanent" and shall not be renewable so long as the vessel remains the property of the governmental entity or nonprofit rescue squad. If the ownership of any such boat is transferred from one governmental entity to another or to a nonprofit rescue squad or if a boat owned by a nonprofit rescue squad is transferred to another nonprofit rescue squad or governmental entity, a new permanent certificate may be issued without charge to the successor entity. When any such boat is sold to a private owner or is otherwise transferred to private ownership, the applicable certificate of number shall be deemed to have expired immediately prior to such transfer. Prior to further use on the waters of this State, the new owner shall obtain either a temporary certificate of number or a regular certificate pursuant to the provisions of this Chapter. The provisions of this subsection applicable to motorboats owned by nonprofit rescue squads apply only to those operated exclusively for rescue purposes, including rescue training. (1959, c. 1064, s. 7; 1981, c. 162; 1983, c. 446, ss. 1‑3.)

 

§ 75A‑8.� Boat liveries.

It shall be unlawful for the owner of a boat livery to rent a vessel to any person unless the provisions of this Chapter have been complied with. It shall be the duty of owners of boat liveries to equip all vessels rented as required by this Chapter. (1959, c. 1064, s. 8; 1975, c. 340, s. 3; 1983, c. 446, s. 1.)

 

§ 75A‑9.� Muffling devices.

The exhaust of every internal combustion engine used on any motorboat shall be effectively muffled by equipment so constructed and used to muffle the noise of the exhaust in a reasonable manner. The use of cutouts is prohibited, except for motorboats competing in a regatta or boat race approved as provided in G.S. 75A‑14, and for such motorboats while on trial runs, during a period not to exceed 48 hours immediately preceding such regatta or race and for such motorboats while competing in official trials for speed records during a period not to exceed 48 hours immediately following such regatta or race. (1959, c. 1064, s. 9.)

 

§ 75A‑9.1.� Muffling devices � Motorboats.

Every internal combustion engine with an open‑air exhaust which is used on any motorboat and which has a capacity of operating at more than 4000 revolutions per minute shall have effective muffling equipment installed on each exhaust manifold stack except for motorboats competing in a regatta or boat race approved as provided in G.S. 75A‑14, and for such motorboats while on trial runs, during a period not to exceed 48 hours immediately preceding such regatta or race and for such motorboats while competing in official trials for speed records during a period not to exceed 48 hours immediately following such regatta or race. This Article shall not apply to licensed commercial fishing boats. (1977, c. 737, s. 1.)

 

§ 75A‑10.� Operating boat or manipulating water skis, etc., in reckless manner; operating, etc., while intoxicated, etc.; depositing or discharging litter, etc.

(a)������ No person shall operate any motorboat or vessel, or manipulate any water skis, surfboard, or similar device on the waters of this State in a reckless or negligent manner so as to endanger the life, limb, or property of any person.

(b)������ No person shall manipulate any water skis, surfboard, nonmotorized vessel, or similar device on the waters of this State while under the influence of an impairing substance.

(b1)���� No person shall operate any motorboat or motor vessel while underway on the waters of this State:

(1)������ While under the influence of an impairing substance, or

(2)������ After having consumed sufficient alcohol that he has, at any relevant time after the boating, an alcohol concentration of 0.08 or more.

The fact that a person charged with violating this subsection is or has been legally entitled to use alcohol or a drug is not a defense to a charge under this subsection or subsection (b) above.

The relevant definitions contained in G.S. 20‑4.01 shall apply to this subsection and subsection (b) above.

(c)������ No person shall place, throw, deposit, or discharge or cause to be placed, thrown, deposited, or discharged on the waters of this State or into the inland lake waters of this State, any litter, raw sewage, bottles, cans, papers, or other liquid or solid materials which render the waters unsightly, noxious, or otherwise unwholesome so as to be detrimental to the public health or welfare or to the enjoyment and safety of the water for recreational purposes.

(d)������ No person shall place, throw, deposit, or discharge or cause to be placed, thrown, deposited, or discharged on the waters of this State or into the inland lake waters of this State any medical waste as defined by G.S. 130A‑290 which renders the waters unsightly, noxious, or otherwise unwholesome so as to be detrimental to the public health or welfare or to the enjoyment and safety of the water for recreational purposes. (1959, c. 1064, s. 10; 1965, c. 634, s. 3; 1985, c. 615, ss. 1‑5; 1989, c. 742, s. 1; 1995, c. 506, s. 14.)

 

§ 75A‑10.1.� Family purpose doctrine applicable.

The family purpose doctrine, as applicable in this State to tort cases arising from the operation of motor vehicles, shall apply to tort cases arising from the operation of motorboats and vessels as those terms are defined in this Chapter. (1971, c. 450, s. 1.)

 

§ 75A‑10.2.� Proof of ownership of motorboat.

(a)������ In all actions to recover damages for injury to the person or to property or for the death of a person, arising out of an accident or collision involving motorboats or vessels as said terms are described in G.S. 75A‑2, proof of ownership of such motorboat or vessel at the time of such accident or collision shall be prima facie evidence that said motorboat or vessel was being operated and used with the authority, consent and knowledge of the owner in the very transaction out of which said injury or cause of action arose.

(b)������ Proof of the certificate of number stating the number awarded to the motorboat or vessel in the name of any person, firm or corporation as required by this Chapter, or proof of the licensing, registration, or documentation of said motorboat or vessel as required by other state or federal law in the name of any person, firm or corporation, shall for the purpose of any such action, be prima facie evidence of ownership and that said motorboat or vessel was then being operated by and under the control of a person for whose conduct the owner was legally responsible, for the owner's benefit, and within the course and scope of his employment. (1971, c. 652, s. 1.)

 

§ 75A‑11.� Duty of operator involved in collision, accident or other casualty.

(a)������ It shall be the duty of the operator of a vessel involved in a collision, accident, or other casualty, so far as he can do so without serious danger to his own vessel, crew, and passengers (if any), to render persons affected by the collision, accident, or other casualty such assistance as may be practicable and as may be necessary in order to save them from or minimize any danger caused by the collision, accident, or other casualty, and also to give his name, address and identification of his vessel in writing to any person injured and to the owner of any property damaged in the collision, accident, or other casualty.

(b)������ In the case of collision, accident, or other casualty involving a vessel, the operator thereof, if the collision, accident, or other casualty results in death or injury to a person or damage to property in excess of five hundred dollars ($500.00), shall, within 10 days, file with the Wildlife Resources Commission a full description of the collision, accident, or other casualty, including such information as said agency may, by regulation, require. Such report shall not be admissible as evidence. (1959, c. 1064, s. 11; 1999‑248, s. 3.)

 

§ 75A‑12.� Furnishing information to agency of United States.

In accordance with any request duly made by an authorized official or agency of the United States, any information compiled or otherwise available to the Wildlife Resources Commission pursuant to G.S. 75A‑11(b) shall be transmitted to said official or agency of the� United States. (1959, c. 1064, s. 12.)

 

§ 75A‑13.� Water skis, surfboards, etc.

(a)������ No person shall operate a vessel on any water of this State for towing a person or persons on water skis, or a surfboard, or similar device unless there is in such a vessel a person, in addition to the operator, in a position to observe the progress of the person or persons being towed or unless the skiers wear a life preserver or unless the boat is equipped with a rear view mirror.

(b)������ No person shall operate a vessel on any water of this State towing a person or persons on water skis, a surfboard, or similar device, nor shall any person engage in water skiing, surfboarding, or similar activity at any time between the hours from one hour after sunset to one hour before sunrise.

(c)������ The provisions of subsections (a) and (b) of this section do not apply to a performer engaged in a professional exhibition or a person or persons engaged in an activity authorized under G.S. 75A‑14.

(d)������ No person shall 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 collide with any object or person. (1959, c. 1064, s. 13.)

 

§ 75A‑13.1.� Skin and scuba divers.

(a)������ No person shall engage in skin diving or scuba diving in the waters of this State which are open to boating, or assist in such diving, without displaying a diver's flag from a mast, buoy, or other structure at the place of diving; and no person shall display such flag except when diving operations are under way or in preparation.

(b)������ The diver's flag shall be square, not less than 12 inches on a� side, and shall be of red background with a diagonal white stripe, of� a width equal to one fifth of the flag's height, running from the upper corner adjacent to the mast downward to the opposite outside corner.

(c)������ No operator of a vessel under way in the waters of this State shall permit such vessel to approach closer than 50 feet to any structure from which a diver's flag is then being displayed, except where such flag is so positioned as to constitute an unreasonable obstruction to navigation; and no person shall engage in skin diving or scuba diving or display a diver's flag in any locality at which the same will unreasonably obstruct vessels from making legitimate navigational use of the water. (1969, c. 97, s. 1.)

 

§ 75A‑13.2:� Repealed by Session Laws 1999‑447, s.� 3.

 

§ 75A‑13.3.� Personal watercraft.

(a)������ No person shall operate a personal watercraft on the waters of this State at any time between sunset and sunrise. For purposes of this section, "personal watercraft" means a small vessel which uses an outboard or propeller‑driven motor, or an inboard motor powering a water jet pump, as its primary source of motive power and which is designed to be operated by a person sitting, standing, or kneeling on, or being towed behind the vessel, rather than in the conventional manner of sitting or standing inside the vessel.

(a1)���� No person shall operate a personal watercraft on the waters of this State at greater than no‑wake speed within 100 feet of an anchored or moored vessel, a dock, pier, swim float, marked swimming area, swimmers, surfers, persons engaged in angling, or any manually operated propelled vessel, unless the personal watercraft is operating in a narrow channel. No person shall operate a personal watercraft in a narrow channel at greater than no‑wake speed within 50 feet of an anchored or moored vessel, a dock, pier, swim float, marked swimming area, swimmers, surfers, persons engaged in angling, or any manually operated propelled vessel.

(b)������ Except as otherwise provided in this subsection, no person under 16 years of age shall operate a personal watercraft on the waters of this State, and it is unlawful for the owner of a personal watercraft or a person who has temporary or permanent responsibility for a person under the age of 16 to knowingly allow that person to operate a personal watercraft. A person of at least 14 years of age but under 16 years of age may operate a personal watercraft on the waters of this State if:

(1)������ The person is accompanied by a person of at least 18 years of age who physically occupies the watercraft; or

(2)������ The person (i) possesses on his or her person while operating the watercraft, identification showing proof of age and a boater safety certification card issued by the Wildlife Resources Commission or proof of other satisfactory completion of a boating safety education course approved by the National Association of State Boating Law Administrators (NASBLA); and (ii) produces that identification and certification card upon the request of an officer of the Wildlife Resources Commission or local law enforcement agency.

(c)������ No livery shall lease, hire, or rent a personal watercraft to or for operation by a person under 16 years of age, except as provided in subsection (b) of this section.

(c1)���� It shall be unlawful for any person, firm, or corporation to engage in the business of renting personal watercraft to the public for operation by the rentee unless such person, firm, or corporation has secured insurance for his own liability and that of his rentee, in such an amount as is hereinafter provided, from an insurance company duly authorized to sell liability insurance in this State. Each such personal watercraft rented must be covered by a policy of liability insurance insuring the owner and rentee and their agents and employees while in the performance of their duties against loss from any liability imposed by law for damages including damages for care and loss of services because of bodily injury to or death of any person and injury to or destruction of property caused by accident arising out of the operation of such personal watercraft, subject to the following minimum limits: three hundred thousand dollars ($300,000) per occurrence.

(d)������ No person shall operate a personal watercraft on the waters of this State, nor shall the owner of a personal watercraft knowingly allow another person to operate that personal watercraft on the waters of this State, unless:

(1)������ Each person riding on or being towed behind such vessel is wearing a type I, type II, type III, or type V personal flotation device approved by the United States Coast Guard. Inflatable personal flotation devices do not satisfy this requirement; and

(2)������ In the case of a personal watercraft equipped by the manufacturer with a lanyard‑type engine cut‑off switch, the lanyard is securely attached to the person, clothing, or flotation device of the operator at all times while the personal watercraft is being operated in such a manner to turn off the engine if the operator dismounts while the watercraft is in operation.

(d1)���� No person shall operate a personal watercraft towing another person on water skis or other devices unless:

(1)������ The personal watercraft has on board, in addition to the operator, an observer who shall monitor the progress of the person or persons being towed, or the personal watercraft is equipped with a rearview mirror; and

(2)������ The total number of persons operating, observing, and being towed does not exceed the number of passengers identified by the manufacturer as the maximum safe load for the vessel.

(e)������ A personal watercraft must at all times be operated in a reasonable and prudent manner. Maneuvers that endanger life, limb, or property shall constitute reckless operation of a vessel as provided in G.S. 75A‑10, and include:

(1)������ Unreasonably or unnecessarily weaving through congested vessel traffic;

(2)������ Jumping the wake of another vessel within 100 feet of such other vessel or when visibility around such other vessel is obstructed;

(3)������ Intentionally approaching another vessel in order to swerve at the last possible moment to avoid collision;

(4)������ Repealed by Session Laws 2000‑52, s. 2, effective June 30, 2000.

(5)������ Operating contrary to the "rules of the road" or following too closely to another vessel, including another personal watercraft. For purposes of this subdivision, "following too closely" means proceeding in the same direction and operating at a speed in excess of 10 miles per hour when approaching within 100 feet to the rear or 50 feet to the side of another vessel that is underway unless that vessel is operating in a narrow channel, in which case a personal watercraft may operate at the speed and flow of other vessel traffic.

(f)������� The provisions of this section do not apply to a performer engaged in a professional exhibition, a person or persons engaged in an activity authorized under G.S. 75A‑14, or a person attempting to rescue another person who is in danger of losing life or limb.

(f1)���� For purposes of this section, "narrow channel" means a segment of the waters of the State 300 feet or less in width.

(g)������ Repealed by Session Laws 1999‑447, s. 1, effective December 1, 1999.

(h)������ Nothing in this section prohibits units of local government, marine commissions, or local lake authorities from regulating personal watercraft pursuant to the provisions of G.S. 160A‑176.2 or any other law authorizing such regulation, provided that the regulations are more restrictive than the provisions of this section or regulate aspects of personal watercraft operation that are not covered by this section. Whenever a unit of local government, marine commission, or local lake authority regulates personal watercraft pursuant to this subsection, it shall conspicuously post signs that are reasonably calculated to provide notice to personal watercraft users of the stricter regulations. (1997‑129, s. 1; 1999‑447, s. 1; 2000‑52, ss. 1‑4; 2005‑161, s. 1.)

 

§ 75A‑14: Repealed by Session Laws 1999‑248, s.� 4.

 

§ 75A‑14.1.� Lake Norman No‑Wake Zone.

It is unlawful to operate a vessel at greater than no‑wake speed within 50 yards of a boat launching area, bridge, dock, pier, marina, boat storage structure, or boat service area on the waters of Lake Norman. No‑wake speed is idle speed or slow speed creating no appreciable wake. (1997‑129, s. 4; 1997‑257, s. 10; 1998‑217, s. 49.)

 

§ 75A‑15.� Rules on water safety; adoption of the Uniform Waterway Marking System.

(a)������ In accordance with subsection (b) of this section, the Wildlife Resources Commission is empowered to make rules, for the local water in question, as to:

(1)������ Operation of vessels, including restrictions concerning speed zones, and type of activity conducted.

(2)������ Promotion of boating and water safety generally by occupants of vessels, swimmers, fishermen, and others using the water.

(3)������ Placement and maintenance of navigation aids and markers, in conformity with governing provisions of law.

Prior to making any rules, the Commission shall investigate the water recreation and safety needs of the local water in question. In making such investigation, the Commission in its discretion may hold public hearings on the rules proposed and the general needs of the local water in question. After such investigation and application of standards, the Commission may in its discretion pass the rules requested, pass them in an amended form, or refuse to pass them. After passage, the Commission may amend or repeal the rules after first holding a public hearing.

(b)������ Any subdivision of this State may, but only after public notice, make formal application to the Wildlife Resources Commission for rules on waters within the subdivision's territorial limits as to the matters listed in subsection (a) of this section. The Wildlife Resources Commission may, adopt rules applicable to local areas of water defined by the Commission that are found to be heavily used for water recreation purposes by persons from other areas of the State and as to which there is not coordinated local interest in regulation.

The Wildlife Resources Commission may adopt rules prohibiting entry of vessels into public swimming areas and establishing speed zones at public boat launching ramps, marinas, or boat service areas and on other congested water areas where there are demonstrated water safety hazards. Enforcement of such rules shall be dependent upon placement and maintenance of regulatory markers in accordance with the Uniform State Waterway Marking System by such agency or agencies as may be designated by the Wildlife Resources Commission.

(c)������ The Uniform State Waterway Marking System as approved by the Advisory Panel of State Officials to the Merchant Marine Council, United States Coast Guard, in October 1961 is hereby adopted for use on the waters of North Carolina. The Wildlife Resources Commission is authorized to pass rules implementing the marking system and may:

(1)������ Modify provisions as necessary to meet the special water recreational and safety needs of this State, provided that such modifications do not depart in any essential manner from the uniform standards being adopted in other states.

(2)������ Modify provisions as necessary to conform with amendments to the marking system that may be proposed for adoption by the states.

(3)������ Enact supplementary standards regarding design, construction, placement, and maintenance of markers.

(4)������ Enact clarifying rules as to matters not covered with precision in the report of the Advisory Panel of State Officials.

(5)������ Enact implementing rules as to matters left to State discretion in the report of the Advisory Panel of State Officials.

(6)������ Enact rules forbidding or restricting the placement of markers either throughout the State or in certain classes or areas of waters without prior permission having been obtained from the Commission or some agency or official designated by the Commission.

It is unlawful to place or maintain any marker of the sort covered by the marking system in the waters of North Carolina that does not conform to or is in violation of the marking system and the implementing rules of the Commission.

(d)������ Rules enacted under the authority of subsections (a) and (b) of this section shall supersede all local rules in conflict or incompatible with such rules. As used in this subsection, "local rules" shall include provisions relating to boating, water safety, or other recreational use of local waters in special local, or private acts, in ordinances or rules of local governing bodies, or in ordinances or rules of local water authorities. Except as may be authorized in subsections (a) and (b) of this section, no local rules may be made respecting the Uniform Waterway Marking System and its implementation or respecting supplemental safety equipment on vessels.

(e)������ The Wildlife Resources Commission may adopt rules prohibiting entry or use by vessels or swimmers of waters of the State immediately surrounding impoundment structures and powerhouses associated with electric generating facilities that are found to pose a hazard to water safety. This subsection shall not apply to the Person‑Caswell Lake Authority, Carolina Power and Light Company Lake (Hyco). (1959, c. 1064, s. 15; 1965, c. 394; 1969, c. 1093, s. 4; 1977, c. 424; 1983 (Reg. Sess., 1984), c. 1082, ss. 4, 5; 1987, c. 827, s. 5; 1993 (Reg. Sess., 1994), c. 753, s. 3.)

 

§ 75A‑16.� Repealed by Session Laws 1979, c. 830, s. 9, effective July 1, 1980.

 

§ 75A‑17.� Enforcement of Chapter.

(a)������ Every wildlife protector and every other law‑enforcement officer of this State and its subdivisions shall have the authority to enforce the provisions of this Chapter and in the exercise thereof shall have authority to stop any vessel subject to this Chapter; and, after having identified himself in his official capacity, shall have authority to board and inspect any vessel subject to this Chapter.

(b)������ In order to secure broader enforcement of the provisions of this Chapter, the Wildlife Resources Commission is authorized to enter into an agreement with the Department of Environment and Natural Resources whereby the enforcement personnel of the Department shall assume responsibility for enforcing the provisions of this Chapter in the territory and area normally policed by such enforcement personnel and whereby the Wildlife Resources Commission shall contribute a share of the expense of such personnel according to a ratio of time and effort expended by them in enforcing the provisions of this Chapter, when such ratio has been agreed upon by both of the contracting agencies. Such agreement may be modified from time to time as conditions may warrant. (1959, c. 1064, s. 17; 1965, c. 957, s. 9; 1973, c. 1262, ss. 28, 86; 1977, c. 771, s. 4; 1989, c. 727, s. 218(17); 1997‑443, s. 11A.119(a).)

 

§ 75A‑18.� Penalties.

(a)������ Except as otherwise provided, any person who violates any provision of this Article or who violates any rule or regulation adopted under authority of this Chapter shall be guilty of a Class 3 misdemeanor and shall only be subject to a fine not to exceed two hundred and fifty dollars ($250.00) for each such violation. The limitation prescribed by the preceding sentence shall not apply in any case where a more severe penalty may be prescribed in any of said sections.

(b)������ Any person who violates any provision of G.S. 75A‑10(a), (b), or (b1) shall be guilty of a Class 2 misdemeanor.

(c)������ Any person who violates any provision of G.S. 75A‑13.1 shall be guilty of a Class 3 misdemeanor and upon conviction thereof shall only be fined no more than twenty‑five dollars ($25.00).

(c1)���� Any boat livery that fails to carry liability insurance in violation of G.S. 75A‑13.3(c1) shall be guilty of a Class 2 misdemeanor and shall only be subject to a fine not to exceed one thousand dollars ($1,000).

(d)������ A person who:

(1)������ Willfully violates G.S. 75A‑10(d) is guilty of a Class 1 misdemeanor.

(2)������ Willfully violates G.S. 75A‑10(d) and in so doing releases medical waste that creates a substantial risk of physical injury to any person who is not a participant in the offense is guilty of a Class F felony which may include a fine not to exceed fifty thousand dollars ($50,000) per day of violation.

(e)������ A person under 16 years of age who operates a personal watercraft in violation of the provisions of G.S. 75A‑13.3 is guilty of an infraction as provided in G.S. 14‑3.1. (1959, c. 1064, s. 18; 1965, c. 634, s. 3; c. 793; 1969, c. 97, s. 2; 1979, c. 761, s. 8; 1985, c. 615, ss. 6, 7; 1989, c. 742, s. 2; 1993, c. 539, ss. 566, 1285; 1994, Ex. Sess., c. 24, s. 14(c); 1997‑129, s. 3; 1999‑447, s. 2.)

 

§ 75A‑19.� Operation of watercraft by manufacturers, dealers, etc.

Notwithstanding any other provisions of this Chapter, the Wildlife Resources Commission may promulgate such rules and regulations regarding the operation of watercraft by manufacturers, distributors, dealers, and demonstrators as the Commission may deem necessary and proper. (1959, c. 1064, s. 18 1/2.)