Minnesota Session Laws - 1991, Regular Session

  

                         Laws of Minnesota 1991 

                        CHAPTER 225-H.F.No. 633 
           An act relating to watercraft; regulating the use and 
          operation of personal watercraft; amending Minnesota 
          Statutes 1990, section 86B.005, by adding 
          subdivisions; proposing coding for new law in 
          Minnesota Statutes, chapter 86B. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
     Section 1.  Minnesota Statutes 1990, section 86B.005, is 
amended by adding a subdivision to read: 
     Subd. 14a.  [PERSONAL WATERCRAFT.] "Personal watercraft" 
means a motorboat that: 
    (1) is powered by an inboard motor powering a water jet 
pump or by an outboard or propeller-driven motor; and 
    (2) is designed to be operated by a person or persons 
sitting, standing, or kneeling on the craft, rather than in the 
conventional manner of sitting or standing inside a motorboat. 
    Sec. 2.  Minnesota Statutes 1990, section 86B.005, is 
amended by adding a subdivision to read: 
    Subd. 16a.  [SLOW-NO WAKE.] "Slow-no wake" means operation 
of a watercraft at the slowest possible speed necessary to 
maintain steerage, but in no case greater than five miles per 
hour. 
    Sec. 3.  [86B.313] [PERSONAL WATERCRAFT REGULATIONS.] 
    Subdivision 1.  [GENERAL REQUIREMENTS.] In addition to 
requirements of other laws relating to watercraft, it is 
unlawful to operate or to permit the operation of a personal 
watercraft: 
    (1) without each person on board the personal watercraft 
wearing a United States Coast Guard approved Type I, II, III, or 
V personal flotation device; 
    (2) between sunset and 8:00 a.m.; 
    (3) within 100 feet of a shoreline, dock, swimmer, or 
swimming diving raft or a moored, anchored, or nonmotorized 
watercraft at greater than slow-no wake speed; 
    (4) while towing a person on water skis, a kneeboard, an 
inflatable craft, or any other device unless an observer is on 
board; 
    (5) without the lanyard-type engine cutoff switch being 
attached to the person, clothing, or personal flotation device 
of the operator, if the personal watercraft is equipped by the 
manufacturer with such a device; 
    (6) if any part of the spring-loaded throttle mechanism has 
been removed, altered, or tampered with so as to interfere with 
the return-to-idle system; 
    (7) to chase or harass wildlife; 
    (8) through emergent or floating vegetation at other than a 
slow-no wake speed; 
    (9) in a manner that unreasonably or unnecessarily 
endangers life, limb, or property, including weaving through 
congested watercraft traffic, jumping the wake of another 
watercraft within 100 feet of the other watercraft; or 
    (10) in any other manner that is not reasonable and prudent.
    Subd. 2.  [AGE OF OPERATOR.] Except in the case of an 
emergency, a person under the age of 13 years may not operate or 
be permitted to operate a personal watercraft, regardless of 
horsepower, unless there is a person 18 years of age or older on 
board the craft.  It is unlawful for the owner of a personal 
watercraft to permit the personal watercraft to be operated 
contrary to this subdivision. 
    Subd. 3.  [OPERATOR'S PERMIT.] Except in the case of an 
emergency, a person 13 years of age or over but less than 18 
years of age may not operate a personal watercraft, regardless 
of horsepower, without possessing a valid watercraft operator's 
permit as required by section 86B.305, unless there is a person 
18 years of age or older on board the craft.  In addition to the 
permit requirement, a person 13 years of age operating a 
personal watercraft must maintain unaided observation by a 
person 18 years of age or older.  It is unlawful for the owner 
of a personal watercraft to permit the personal watercraft to be 
operated contrary to this subdivision. 
    Subd. 4.  [DEALERS AND RENTAL OPERATIONS.] (a) A dealer of 
personal watercraft shall distribute a summary of the laws and 
rules governing the operation of personal watercraft and, upon 
request, shall provide instruction to a purchaser regarding:  
    (1) the laws and rules governing personal watercraft; and 
    (2) the safe operation of personal watercraft. 
    (b) A person who offers personal watercraft for rent: 
    (1) shall provide a summary of the laws and rules governing 
the operation of personal watercraft and provide instruction 
regarding the laws and rules and the safe operation of personal 
watercraft to each person renting a personal watercraft; and 
    (2) shall provide a United States Coast Guard approved Type 
I, II, III, or V personal flotation device and any other 
required safety equipment to all persons who rent a personal 
watercraft at no additional cost. 
    Sec. 4. [EFFECTIVE DATE.] 
    Sections 1 to 3 are effective 30 days after final 
enactment, except that section 3, subdivision 4, paragraph (b), 
clause (1), is effective 60 days after final enactment. 
    Presented to the governor May 24, 1991 
    Signed by the governor May 28, 1991, 10:24 a.m.