Re: Oppose HB 1565, An act relative to jet skis, wet bikes, and other personal watercraft in municipalities

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1 Senator James Timilty, Senate Chair Representative Harold Naughton, Jr., House Chair Senator Michael Moore, Senate Vice Chair Representative Michael Brady, House Vice Chair Joint Committee on Public Safety and Homeland Security Room 167 State House Boston, MA Re: Oppose HB 1565, An act relative to jet skis, wet bikes, and other personal watercraft in municipalities Dear Chairman Timilty and Naughton and Committee Members: On behalf of the Personal Watercraft Industry Association (PWIA), I thank you for the opportunity to express the association s strong opposition to House Bill 1565, a bill replaces state authority by granting municipalities the right to single out personal watercrafts for regulations and bans that would not apply to other boats. By way of background, PWIA represents all four personal watercraft (PWC) manufacturers. It was created in 1987 to promote safe and responsible operation and to work with federal, state, and local agencies which have regulatory responsibilities for recreational boating. Our mission is two-fold: first, we work to ensure that personal watercraft and personal watercraft users are treated equitably by all boating regulations. Second, we advocate for passage of the PWIA model bill, which sets a 16-year-old minimum age for operators, mandates boater safety education and life jacket wear, and other safety measures (See Attached). PWIA shares this committee s commitment to safe and responsible recreational boating through its advocacy for reasonable regulations, strong enforcement of boating and navigation laws, and mandatory boating safety for all PWC operators. We know that some waterways are unsuitable for power boating. We believe, however, that HB 1565 will replace the state s impartial boating regulation process which focuses on safety, with a scheme that could empower a few local residents at the expense of many boaters from around the state. We oppose HB 1565 on the basic grounds of fairness. PWIA opposes measures that deny open and equitable access to the waterways. HB 1565 would grant municipalities authority to regulate PWC access, and PWC access alone. It fails to recognize PWCs are simply another type of motorized boat that should be treated equitably and held to the same regulations.

2 PWCs have undergone great technological advancements in the past decade. Today s personal watercrafts are cleaner, quieter, and safer than earlier models. Personal watercraft offer state-ofthe-art amenities and environmentally-friendly engine technology. Today s PWC is 70 percent quieter than those sold before 1998, making personal watercrafts one of the quietest vessels on the water. Additionally, PWCs have achieved a 90 percent reduction in emissions levels compared to pre models. These boats are propelled by jet drives, which means they are far less likely to injure swimmers or passengers. PWCs are a popular, safe and affordable option for many families and new boaters wishing to enjoy the waterways. HB 1565 would give local municipalities the discretion to regulate and even prohibit PWC activity in the waters of their jurisdiction. It would eliminate uniform recreational boater access regulations and diminish the ability of the Commonwealth of Massachusetts to regulate its waterways. If enacted, HB 1565 will result in a patchwork of local guidelines that would confuse and encumber boaters throughout the Commonwealth who use its waterways for wholesome family recreation. Many water bodies encompass more than one municipal jurisdiction which could lead to an unworkable framework with different regulations and bans on the same water body. As you know, the geography of the waterways is very different from municipal boundaries. HB 1565 allows local control without accounting for the unique flow and characteristics of water. This legislation would essentially grant authority to cities to regulate the movement and activities of citizens in open public space. The Commonwealth s regulations are designed to ensure that all citizens can enjoy its waterways. HB 1565 would establish a process by which a small group of individuals and waterfront homeowners could override the state s uniform policies and manipulate public water access for their own benefit, at the expense of general public access. If enacted, HB 1565 would essentially privatize Commonwealth bodies of water intended to be enjoyed by all Massachusetts residents and visitors. PWIA asserts that all citizens, boaters, and municipal governments should have a voice in the decision making relating to public access of the Commonwealth s waterways. HB 1565 allows local governments to ignore the collected wisdom of the legislature and Department of Fish, Wildlife and Environment officials. Without the broad public notice that the Commonwealth must provide when proposing regulations, PWC users would find it difficult to stay informed regarding regulatory changes under consideration by municipal governments. HB 1565 replaces a well-understood method of gathering public comment with a decentralized structure that frankly will be almost impossible for citizens to follow. Let me reiterate, PWIA is not opposed to regulation. We support strong boater education certification, minimum age requirements for PWC operation and life jacket wear for PWC users. The Department of Wildlife and Fisheries should retain its authority to regulate the

3 waterways because of its unique ability to recommend regulations that balance the input of local municipalities and boaters from throughout the state. HB 1565 removes this impartial and deliberative process. For these reasons, I strongly urge the committee to oppose HB If you should have further questions, please contact me at nvasilaros@nmma.org or at Sincerely, T. Nicole Vasilaros, Esq. State Government Relations Manager

4 PWIA Model Legislation Section 1. (Short Title) This act may be cited as the Personal Watercraft Operations Act. Section 2. (Definitions) As used in this act: Personal Watercraft shall mean a vessel less than 16 feet in length which uses an internal combustion engine powering a water jet pump as its primary source of propulsion, and is designed to be operated or ridden by a person or persons sitting, standing, or kneeling on rather than within the confines of a hull. Section 3. (Regulation of Personal Watercraft) 1. No person under the age of sixteen (16) shall operate a personal watercraft on the waters of this state. 2. No person shall operate a personal watercraft unless each person on board or being towed behind 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 meet the requirements of this section. 3. No person shall operate a personal watercraft unless each person on board or being towed is wearing a wet suit bottom or clothing that provides equivalent protection against forceful water entry into the lower body opening(s) of males or females. Normal swimwear does not adequately protect against forceful water entry. 4. No person shall operate a personal watercraft equipped by the manufacturer with a shut-off cord (lanyard) unless such cord is attached to his/her person, clothing, or personal flotation device as appropriate for the specific vessel. 5. No person shall operate a personal watercraft at anytime between the hours of sunset and sunrise. 6. No person shall operate, be onboard or be towed by a personal watercraft if such person has a blood alcohol content in excess of %. 7. No person shall operate a personal watercraft in a reckless manner. Maneuvers which unreasonably or unnecessarily endanger life, limb, or property shall constitute a reckless manner of operation of a vessel and shall include, but not be limited to: 1. Weaving through congested traffic; 2. Jumping the wake of another vessel unreasonably or unnecessarily close to such other vessel or when visibility around such other vessel is obstructed or restricted; 3. Becoming airborne or completely leaving the water while crossing the wake of another vessel within 100 feet of the vessel creating the wake; 4. Operating at greater than slow/no-wake speed within 100 feet of an anchored or moored vessel, shoreline, dock, pier, swim float, marked swim areas, swimmers, surfers, persons engaged in angling, or any manually powered vessel; 5. Operating contrary to navigation rules including following too closely to another vessel, including another personal watercraft. For the purpose of this subsection,

5 following too closely shall be construed as proceeding in the same direction and operating at a speed in excess of 10 mph within 100 feet to the rear, or 50 feet to the side, of another vessel which is underway, unless said vessels are operating in a narrow channel, in which case personal watercraft may operate at the speed and flow of the other vessel traffic within the channel. Section 4. (Required Education) 1. No person shall operate on the waters of this state a personal watercraft powered by a motor of 10 Horse Power or greater unless the operator has successfully completed either a safe boater course approved by the National Association of State Boating Law Administrators and the state, or a proficiency examination that tests the knowledge of information included in the curriculum of such a course, and has received a certificate as evidence of successful completion of the course of examination. 2. A non-resident of the state operating a personal watercraft within the waters of this state, shall be subject to the requirements of this section unless such non-resident holds in his/her possession proof that he/she has completed within the state of residence, an education course or equivalency test that meets or exceeds the requirements of this section. 3. Each resident or non-resident operator of a personal watercraft shall have available proof of completion of such course on board the personal watercraft while operating on the waters of this state. 4. This section shall not apply to persons who lease, hire or rent a personal watercraft pursuant to Section 6. Section 5. (Towing Water Skiers and Towables) 1. No person shall operate a personal watercraft towing another person on water skis or other towables unless the personal watercraft has, on board, in addition to the operator, a rearfacing observer who shall monitor the progress of the person(s) being towed. 2. No person shall operate a personal watercraft towing another person on water skis or other towables unless the total number of persons operating, observing and being towed does not exceed the specified number of passengers as identified by the manufacturer as the maximum safe load for the vessel. Section 6. (Regulation of Liveries) 1. A livery shall not lease, hire, or rent a personal watercraft to or for operation by any person under 18 years of age. 2. A livery shall carry liability insurance in the amount of at least one million dollars. 3. Livery operators shall administer boating safety instruction in compliance with departmentestablished rules and guidelines to all operators of rental vessels not having a valid safe boating certificate and valid identification. 4. A livery shall supply to the operator(s) in print, prior to rental: 1. The operational characteristics of personal watercraft. 2. The boating regulations peculiar to the area of rental including but not limited to noentry zones, no-wake zones, channel routes and water hazards, and tidal flow.

6 3. An explanation of the common courtesies of operating a vessel on the water and the effect on wildlife, the environment, and other water users. Section 7. (Exemptions) 1. The provisions of sections (3) and (4) shall not apply to a performer engaged in a professional exhibition or a person engaging in an officially sanctioned regatta, race, marine parade, tournament, exhibition, or water safety demonstration. 2. The provisions of sections (3) and (4) shall not apply to a person who holds a valid master s, mate s, or operator s license issued by the United States Coast Guard. 3. The provisions of this Act shall not apply to law enforcement officers and emergency response personnel engaged in the performance of their official duties. Section 8. (Uniformity of Law) No political subdivision, municipality or agency of this state shall adopt or enforce any law, rule, regulation or ordinance relating to personal watercraft or the operation thereof unless such law, rule, regulation or ordinance is identical to the provisions of this Act. Notwithstanding the foregoing, nothing in this section shall prevent the adoption or enforcement of a law, rule, regulation or ordinance relating to reasonable vessel speed zones, reasonable idle speed zones or vessel exclusion zones within the jurisdiction of the adopting entity as long as such law, rule, regulation or ordinance applies without discrimination to all motorized vessels.