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North Dakota Code 20.1-13-07 - Prohibited operation - Penalty

North Dakota Code > Title 20.1 > Chapter 20.1-13 > § 20.1-13-07 - Prohibited operation - Penalty

^{Current as of: 2009}

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1. No person may 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. Reckless or negligent operation of a motorboat or vessel includes weaving through congested motorboat or vessel traffic, jumping the wake of another motorboat or vessel within one hundred feet [30.48 meters] of the motorboat or vessel, or in any other manner that is not reasonable or prudent.

2. A person may not operate a motorboat or vessel, or manipulate water skis, a surfboard, or similar device if any of the following apply:

a. That person has an alcohol concentration of at least ten one-hundredths of one percent by weight at the time of the performance of the test within two hours after the operating of a motorboat or vessel.

b. That person is under the influence of intoxicating liquor.

c. That person is under the influence of any drug or substance or combination of drugs or substances to a degree which renders that person incapable of safely operating a motorboat or vessel.

d. That person is under the combined influence of alcohol and any other drugs or substances to a degree which renders that person incapable of safely operating a motorboat or vessel.

The fact that a person charged with violating this section is or has been legally entitled to use alcohol or other drugs or substances is not a defense against any charge for violating this section, unless a drug which predominantly caused impairment was used only as directed or cautioned by a practitioner who legally prescribed or dispensed the drug to that person.

3. No person under twelve years of age may operate a motorboat propelled by over a ten horsepower motor unless the operator is accompanied by a person eighteen years of age or older. Any person who violates this subsection is guilty of a class 2 noncriminal offense.

4. No person of twelve through fifteen years of age may operate a motorboat propelled by over a ten horsepower motor unless the operator is accompanied by a person eighteen years of age or older or the operator has taken and passed a boating course approved by the department. Any person who violates this subsection is guilty of a class 2 noncriminal offense.

5. No person may cause or knowingly permit a minor under sixteen years of age to operate a motorboat propelled by over a ten horsepower motor unless the minor is otherwise authorized to do so by this section.

6. No person may operate a motorboat or vessel within one hundred feet [30.48 meters] of a person fishing from a shoreline, swimmer, swimming diving raft, or an occupied, anchored or nonmotorized vessel, or within two hundred fifty feet [76.20 meters] of a reduced speed or slow or no wake sign at greater than slow or no wake speed.

7. No person may operate or permit the operation of a personal watercraft:

a. Without each person on board the personal watercraft wearing a United States coast guard approved type I, II, III, or V personal flotation device;

b. Within one hundred feet [30.48 meters] of a person fishing from a shoreline, swimmer, swimming diving raft, or an occupied, anchored or nonmotorized vessel at greater than slow or no wake speed;

c. While towing a person on water skis, a kneeboard, an inflatable craft, or any other device unless an observer is on board;

d. Without a 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;

e. 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;

f. To chase or harass wildlife;

g. Through emergent or floating vegetation at other than slow or no wake speed;

h. 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 one hundred feet [30.48 meters] of the other watercraft; or

i. In any other manner that is not reasonable and prudent.