Michigan Laws 324.80141 – Operation of motorboat by person less than 12 years of age; operation of motorboat by person on or after July 1, 1996; certification required; electronic verification; consent to search; liabilit
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Terms Used In Michigan Laws 324.80141
- Boating safety certificate: means any of the following:
(i) The document issued by the department under part 802 that certifies that the individual named in the document has successfully completed a boating safety course and passed an examination approved and administered as required under section 80212. See Michigan Laws 324.80101Department: means the director of the department of natural resources or his or her designee to whom the director delegates a power or duty by written instrument. See Michigan Laws 324.301 Motorboat: means a vessel propelled wholly or in part by machinery. See Michigan Laws 324.80103 Operate: means to be in control of a vessel while the vessel is under way and is not secured in some manner such as being docked or at anchor. See Michigan Laws 324.80103 Peace officer: means any of the following:
(i) A sheriff. See Michigan Laws 324.80104Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 324.301 state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o Waters of this state: means any waters within the territorial limits of this state, and includes those waters of the Great Lakes that are under the jurisdiction of this state. See Michigan Laws 324.80104
(1) In addition to the requirements of subsection (2), a person less than 12 years of age shall not operate a motorboat that is powered by a motor or motors totaling more than 6 horsepower on the waters of this state unless both of the following requirements are met:
(a) He or she is under the direct supervision of a person on board the motorboat who is 16 years of age or older and who, if born on or after July 1, 1996, has been issued a boating safety certificate.
(b) The motorboat is powered by a motor or motors totaling no more than 35 horsepower.
(2) Subject to subsection (4), a person born on or after July 1, 1996 shall not operate a motorboat that is powered by a motor or motors totaling more than 6 horsepower on the waters of this state unless the person has been issued a boating safety certificate.
(3) A person operating or supervising the operation of a motorboat as described in this section shall present the boating safety certificate issued to him or her or, at the person’s option, an electronic copy, in a format approved by the department, of a boating safety certificate issued to him or her, upon the demand of a peace officer who identifies himself or herself as a peace officer.
(4) An individual who, under subsection (3), displays an electronic copy of his or her boating safety certificate using an electronic device is not presumed to have consented to a search of the electronic device. This state, an employee of this state, a peace officer, or an entity employing the peace officer is not liable for damage to or loss of an electronic device that occurs as a result of the peace officer’s viewing an electronic copy of a boating safety certificate as provided in this section, regardless of whether the peace officer was in possession of the electronic device at the time the damage or loss occurred.