(1) Except as provided in subsection (3), a person shall not operate a vessel on the waters of this state unless each person in an open deck area on board the vessel who is less than 6 years of age is wearing a type I or type II personal flotation device as described in R 281.1234 of the Michigan administrative code.
    (2) A parent or guardian of a child less than 6 years of age who accompanies that child on board a vessel that is not a charter boat described in subsection (3) shall ensure that the child is wearing a personal flotation device that complies with this section.

Terms Used In Michigan Laws 324.80142

  • Boat: means a vessel. See Michigan Laws 324.80101
  • Department: 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
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • 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
  • Person: 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
  • United States: shall be construed to include the district and territories. See Michigan Laws 8.3o
  • Vessel: means every description of watercraft used or capable of being used as a means of transportation on water. See Michigan Laws 324.80104
  • 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
    (3) This section does not apply to a charter boat bearing either of the following:
    (a) A valid certificate of inspection issued by the United States coast guard that verifies the charter boat’s compliance with subchapter H or subchapter T of the code of federal regulations, 46 C.F.R. § 70.01-1 to 80.40 and 175.01-1 to 185.30-30.
    (b) A valid certificate of inspection issued by the department for a class C vessel that is greater than 45 feet in length.
    (4) As used in this section, “charter boat” and “class C vessel” mean those terms as defined in section 44501.
    (5) A person who violates this section is responsible for a state civil infraction and may be ordered to pay a civil fine of not more than $100.00.
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