STATE OF NORTH CAROLINA

Transcription

1 STATE OF NORTH CAROLINA State-Specific Education Requirements Course Supplement US SAILING/US Powerboating 15 Maritime Drive Post Office Box 1260 Portsmouth, RI Tel Fax

2 North Carolina Boating Law Information Contact: North Carolina Wildlife Resources Commission NCSU Centennial Campus 1751 Varsity Drive Raleigh, NC

3 1 NORTH CAROLINA Boating Law Summary North Carolina Wildlife Resources Commission NCSU Centennial Campus 1751 Varsity Drive Raleigh, NC State Laws and Federal Laws State boating regulations and laws may differ from federal regulations. This state-specific supplement summarizes most of North Carolina s laws at the time it was prepared. For additional information or recent revisions to the laws, contact the North Carolina Wildlife Resources Commission at or visit Some counties in North Carolina may have more restrictive local laws or ordinances pertaining to vessel operation. Information regarding these restrictions may be obtained from local governments, sheriffs departments, or marine commissions (Lake Norman ; Lake Wylie and Mountain Island ). Vessel means every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water. Motor vessel or motorboat or powerboat means all boats and vessels which are propelled by machinery. BOATING SAFETY EDUCATION Effective May 1, 2010, any person under the age of 26 must satisfactorily complete a NASBLA approved boating education course before operating any vessel propelled by a motor of 10 horsepower or greater. Exemptions include a person who: Operates the vessel under the on-board direct supervision of a person who is at least 18 years old and meets the requirements for boating safety education. Possesses a valid or expired U.S. Coast Guard license to operate a vessel. Passes a proctored equivalency examination that tests the knowledge of information of an approved course. Possesses a rental or lease agreement from a vessel rental or leasing business listing the person as an authorized operator of the vessel. Is a resident of another state or country, visiting North Carolina for a period of not more than 90 days and meets any applicable boating safety education requirements of his State or country. An operator of a personal watercraft (PWC) is subject to more specific provisions (see the Personal Watercraft Regulations on page 4). Boating Safety Education Card Any person who operates a vessel with a motor of 10 horsepower or greater shall upon the request of a law enforcement officer present the card or proof that the person has complied with the boating safety education provisions. VESSEL REGISTRATION/TITLING The NC Wildlife Resources Commission is legally responsible for vessel registration and titling. NC supplement 11 rev.a

4 2 Registration All motorized vessels, including PWCs (jet skis), and all sailboats longer than 14 feet at the load waterline used principally on North Carolina public waters must be registered and numbered in the State and have a title and valid decals. Exceptions to this requirement include: Vessels that are unused and kept on dry land Rowboats, canoes, kayaks, rafts propelled only by oars, paddles or current Vessels used only on a private pond Vessels documented with the US Coast Guard Ship s lifeboats or dinghies if they are used only for emergency lifeboat purposes. However, if they are motorized and used for non-emergency purposes, they are required to be registered. If a vessel registered in another state is brought into North Carolina, it may be used on the waters of this State during a period of 90 days without any additional registration provided its certificate of number remains current. Continued use of the vessel after this period is unlawful unless the vessel has been registered with the NC Wildlife Resources Commission. The term of registration is either one year or three years. Two months before the expiration of the term, the NC Wildlife Resources Commission mails a renewal notification to the vessel owner at the latest known address. The vessel owner can obtain one-year or three-year vessel registrations by mail, or visiting the NCWRC office or online. Registration Expiration Decal The stick-on registration decal is affixed on the starboard side of the bow to the right and within 6 inches of the registration number and shows the month and year when the registration expires. No one shall willfully remove a validation decal from any vessel during its period of validity or alter, counterfeit, or otherwise tamper with the decal for the purpose of changing or obscuring the indicated date of expiration of the certificate of number. Registration Card This Registration Card (Certificate of Number) must be carried aboard the vessel when operating the vessel and shown to law enforcement officers when requested. For more information on vessel registration and titling, contact NC Wildlife Resources Commission at or visit EQUIPMENT REQUIREMENTS The federal equipment requirements apply as well as the following additional state requirements. Life Jacket Requirements State law requires that a U. S. Coast Guard-approved life jacket of appropriate size must be worn by: Children under 13 years of age while underway on a recreational vessel unless below deck or in an enclosed cabin. Underway is defined as a vessel not at anchor, or moored, or made fast to the shore, or aground. Anyone riding on a personal watercraft or being towed by one must wear an appropriate life vest. Any person waterskiing or being towed must wear an appropriate life vest. Canoes, kayaks rowboats and other non-motorized craft of any length are required to have one Type I, II, or III life jacket of the proper size for each person on board, but are not required to carry a Type IV throwable personal flotation device. (Sailboard, racing shells, rowing sculls, racing canoes and racing kayaks are exempt from this requirement.) Exhaust Muffling Devices Every internal combustion engine used on a vessel shall be equipped with an effective muffler device or muffler system to muffle the noise in a reasonable manner. The use of cutouts is prohibited. Additionally, vessel engines with open-air exhausts and the capacity to operate at more than 4000 RPM must have effective muffling equipment installed and used on each exhaust manifold stack.

5 3 Exhaust muffling requirements do not apply for vessels competing in a regatta or race approved by the U.S. Coast Guard, for such vessels while on trial runs during a period not to exceed 48 hours immediately preceding the regatta or race, and for each such vessels while competing in official trials for speed records during a period not to exceed 48 hours immediately following the regatta or race. Navigation Lights On waters of North Carolina, not subject to the jurisdiction of the United States, vessels propelled by machinery of 10 horsepower or less may carry from one-half hour after sunset to one-half hour before sunrise a white light in the stern or have on board a hand flashlight in good working condition which shall be ready at hand and shall be temporarily displayed in sufficient time to prevent collision in lieu of the federal requirements for navigation lights for vessels using power. On State waters that are subject to the jurisdiction of the United States, this exception, though permissible under State law, is not sanctioned by a federal law or regulation. OPERATION OF VESSELS Speed Limits Although local conditions may warrant the imposition of definite limitations on the speed of vessels, the only general speed limitation is that which is implied in safe vessel operation under the existing circumstances. Speed which is excessive under the circumstances, and which endangers persons or property, is one form of reckless operation, which is prohibited by the State boating law. Vessels entering, leaving or passing within 50 yards of a state-owned or controlled boating and fishing access area, such as boat ramps, must do so at no-wake speed. Vessels operating on North Carolina waters shall slow to a no-wake speed when passing within 100 feet of a law enforcement vessel that is displaying a flashing blue light unless the vessel is in a narrow channel. Vessels operating in a narrow channel shall slow to a no-wake speed when passing within 50 feet of a law enforcement vessel that is displaying a flashing blue light. A narrow channel is defined as a segment of the waters of the State that is 300 feet or less in width. Vessels passing close to swimming areas, moored vessels, or vessels engaged in fishing, servicing buoys or markings, or similar activities must reduce their speed so as to prevent their wash or wake from causing damage or danger to swimmers or other occupants of the area or other vessels. Reckless or Negligent Operation No person shall operate any motorboat or vessel, or manipulate any water skis, surfboard, or similar device in a reckless or negligent manner so as to endanger the life, limb or property of any person. Observance of the rules of the road (Navigation Rules) is required by North Carolina law, and failure to observe them is imprudent and could constitute reckless and negligent operation. Aircraft Vessels must not intentionally obstruct or interfere with the take off or landing of aircraft, and must stay clear of taxiing aircraft at all times. Alcohol and Drugs No person shall operate any motorboat or vessel, or manipulate any water skis, surfboard, or similar device while under the influence of an impairing substance, nor operate any motor vessel after consuming alcohol sufficient to cause a blood alcohol concentration of 0.08% or greater.

6 4 PERSONAL WATERCRAFT (PWC) REGULATIONS Registration Requirements All PWCs must be registered and numbered, and display valid decals. Equipment Requirements PWCs are subject to the same safety equipment requirements as other vessels. In addition to those requirements: Each person on a PWC must wear a U.S. Coast Guard approved Type I, II, or III or V life jacket (inflatable life jackets do not satisfy this requirement). Any person being towed behind a PWC must wear a U.S. Coast Guard approved life jacket. The lanyard type engine cut-off switch, if equipped by the manufacturer, must be attached to the operator when operating a PWC. It is prohibited to remove or disable a cut-off switch that is installed by the manufacturer. Age & Boating Safety Education Requirements The operator of a personal watercraft must be 14 years or older. A person at least 14 years old but less than 16 years old may operate a PWC if: The person is accompanied by a person at least 18 years old who occupies the PWC and is in compliance with boating safety education requirements; or The person possesses proof of age ID and a boating safety certification or card indicating satisfactory completion of a NASBLA approved boating safety education course. The ID and boating safety certification must be produced upon request of an officer. It is unlawful for the owner of a PWC or a person who has temporary or permanent responsibility for a person under 16 years of age to allow that person to operate a PWC except as provided in the bullets listed above in this section. Hours of Operation A PWC shall not be operated during the period from sunset to sunrise. Operating a Personal Watercraft Personal watercraft are considered motorboats by law and must comply with all boating laws and navigation rules. A person shall operate a PWC in a reasonable and prudent manner. Maneuvers that endanger life, limb, or property shall constitute reckless operation of a vessel and include: Unreasonably or unnecessarily weaving through congested vessel traffic Jumping the wake of another vessel within 100 feet of such other vessel or when visibility around such other vessel is obstructed Intentionally approaching another vessel in order to serve at the last possible moment to avoid a collision Operating contrary to the rules of the road or following too closely to another vessel, including a PWC. Following too closely is defined by law as proceeding in the same direction of another vessel and operating at a speed in excess of 10 mph 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 PWC may operate at the speed and flow of other vessel traffic. A narrow channel is defined as a segment of the waters of the State that is 300 feet or less in width. While being under the influence of alcohol or drugs

7 5 Other PWC Operating Restrictions Include: No person shall operate a PWC on the waters of North Carolina 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 (e.g., rowboats, canoes, kayaks), unless the PWC is operating in a narrow channel (see definition above). No person shall operate a PWC in a narrow channel (see definition above) 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 (e.g., rowboats, canoes, kayaks) Towing restrictions (see below). There may be additional local regulations that control the use of PWCs. Towing a Person with a PWC No person shall operate a PWC towing another person on water skis or other devices unless the PWC: Has on board an observer who shall monitor the person(s) being towed in addition to the operator, or Is equipped with a rear view mirror; And 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 PWC. WATERSKIING REGULATIONS Waterskiing is defined as any person being towed behind a vessel on, but not limited to skis, surfboards, aquaplane, kneeboard, tube, or any other similar devices. The operator, observer and skier(s) shall not conduct themselves in a reckless or dangerous manner that willfully or wantonly endangers any person or property or while under the influence of an impairing substance. This includes the skier or towed device cutting close to or colliding with another boat, an object or person, or the shoreline. Equipment requirements: Life jackets Every person waterskiing must wear a USCG-approved life jacket. Life vests designed to withstand the impact of hitting the water at high speed are recommended. Observer or Rear Vision Mirror The vessel must be equipped with a rear vision mirror or have an observer in the vessel in addition to the operator. The observer is required to be physically and mentally capable of performing the following actions: Continuously observe the person or persons being towed; Immediately inform the operator of the boat when a water skier(s) has fallen and is no longer being towed; Hours of Operation Towing a person(s) on water skis, surfboards, or similar devices is prohibited from one hour after sunset until one hour before sunrise. The hours of operation limits, the life jacket requirement for the person being towed, and the requirement for a rear vision mirror or an observer do not apply to professional skiing exhibitions or authorized regattas.

8 6 SKIN AND SCUBA DIVERS Persons engaged in, or assisting skin or scuba diving in waters open to boating must display the diver s flag (red flag with a white diagonal stripe) at the place of diving. They may not display the flag when not engaged in diving or at any location where it will unreasonably obstruct navigation. Vessels may not approach closer than 50 feet to any structure which a diver s flag is displayed, except when it is located so as to constitute an unreasonable obstruction to navigation. BOAT RACES AND REGATTAS Regattas, tournaments and other marine exhibitions may be held on navigable waters of North Carolina when approved in advance by the U.S. Coast Guard. Application must be made to the Coast Guard District Commander at least 30 days prior to the proposed event. BOATING ACCIDENTS: RESPONSIBILITIY & REPORTING The law imposes certain specific duties on the operator of any vessel, whether it is numbered or unnumbered, which is involved in a collision, accident or any other casualty. Duty to Stop and Render Assistance An operator is required to stop and render such assistance to other persons affected by the accident as may be practical and necessary in order to save them or minimize any danger resulting from the accident provided he can do so without serious danger to his vessel and passengers. Any person who renders assistance at the scene in good faith without the objection of the person being assisted shall not be held liable for any civil damages as a result of rendering assistance or for any act or omission in providing/arranging salvage, towage, medical treatment when acting as any reasonably prudent person would have under the same or similar circumstances. Identification Requirements An operator is required to give his or her name, address and vessel identification (the number of the vessel if numbered) in writing to any person injured and to the owner of any property damaged in the collision or accident. Accident Notification and Reporting: Death or Disappearance Notification The operator is required to make immediate notification to the NC Wildlife Resources Commission by the quickest means available when an accident occurs that involves a vessel or its equipment resulting in a death or disappearance of a person from a vessel. The notification shall consist of: The date, time and exact location of the occurrence; The name of each person who died or disappeared; The number and name of the vessel; and The names and addresses of the owner and operator. When the operator of a vessel cannot give notice required above, each person on board the vessel shall notify the NC Wildlife Resources Commission or determine that the notice has been given. Written Report An operator will be required to make a written report of the accident on a form provided by the NC Wildlife Resources Commission if the accident results in any one or more of the following: Loss of life; An injury that requires medical treatment beyond first aid; Disappearance of a person from the vessel under circumstances that indicate death or injury; Actual physical damage to a vessel(s) and/or property in excess of $2,

9 7 When the operator of a vessel cannot submit the accident report, the owner shall submit the report. The purpose of the accident report is to provide statistical information as to the causes, frequency and location of serious boating accidents, and in transmittal of information as required by General Statutes 75A-11 of the North Carolina Boating Safety Act, which further provides that the required accident reports shall not be admissible as evidence. To obtain an accident report form, complete and fax the accident request form ( to Nancy Boykin at Deadlines for Written Reports Reports in death, disappearance and injury cases must be submitted within 48 hours; reports in other cases are required within 10 days. LAW ENFORCEMENT Every wildlife protector and every other law enforcement officer of this State and its subdivisions shall have the authority to enforce the provisions of the Boating and Water Safety Act and in the exercise thereof shall have authority to stop any vessel subject to them. Wildlife protectors or other law enforcement officers of this State, after having identified themselves as law enforcement officers, shall have authority to board and inspect any vessel. Vessels operated on the waters of this State shall stop when directed to do so by a law enforcement officer. When stopped, vessels shall remain at idle speed, or shall maneuver in such a way as to permit the officer to come alongside the vessel. Law enforcement officers may direct vessels to stop by using a flashing blue light, a siren, or an oral command by officers in uniform. The use of a blue light by any other vessel is prohibited and a siren may not be used on any vessel other than an official law enforcement vessel or other official emergency response vessel. LITTERING It is a misdemeanor to place, throw, deposit or discharge into the inland public waters of North Carolina 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. UNIFORM WATERWAY MARKERS The Uniform Waterway Marking System (United States Aids to Navigation) has been adopted for use on the public waters of North Carolina. It is incumbent on all boaters to familiarize themselves with the system and the meaning of the various signs and markers. USE OF ACCESS AREAS The NC Wildlife Resources Commission currently maintains over 200 access areas where boaters may launch and retrieve their vessels free of charge. For a list of these locations, visit Boaters are expected to comply with the following boating access area laws. It is unlawful to: Leave any vehicle, trailer, boat or other obstruction where it will impede the use of the ramp by others. Park any vehicles, trailer or boat anywhere on the area other than the designated parking zone. This does not prohibit legal use of the ramp.

10 8 Use the area for swimming, camping, operating concessions or for any use other than the launching and recovery of boats and parking of vehicles and boat trailers, except where facilities for a particular are provided. Operate any vessel within 50 yards of the ramp at a speed greater than no-wake speed. Possess loaded firearms on the access area. Operate a vehicle on any boat access area in a manner so as to endanger life or property. Deposit any debris or refuse anywhere on the grounds of the area. Fail to obey any instruction or signs regulating use of the access area. Conduct any special event, such as fishing tournament weigh-in, without first obtaining a letter of authorization from the Division of Engineering Services by calling Park in handicapped space without displaying handicapped plate or sign. COLONIAL WATERBIRD NESTING AREAS Coastal island and beach areas posted as Colonial Waterbird Nesting Areas are being managed to protect nesting populations of pelican, terns, gulls, herons, and egrets. Special regulations apply. Access is prohibited on these areas from April 1 to August 31, except by special permit. Dogs may not be allowed on these areas during this time period. Access on these areas from September to March 30 will be allowed as authorized by the landowner. Call toll free to report violations.