Kentucky Statutes 235.285 – Personal watercraft — Use for towing — Prohibitions on use without personal flotation device or self-circling capability — General prohibitions of vessel operation — Exceptions — Supervision of minors
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(1) A personal watercraft may be used to tow individuals engaged in waterskiing or similar activities if it has adequate seating capacity and an observer on board to monitor the progress of the person being towed, or if it is equipped with a rearview mirror with a minimum field of vision of one hundred sixty (160) degrees mounted so that the operator can observe the activities of the person being towed.
(2) A person shall not operate a personal watercraft on public waters unless every individual operating or riding on the personal watercraft is wearing a personal flotation device that is approved by the United States Coast Guard under 46 C.F.R. § 160, as it may be amended or renumbered.
(3) A personal watercraft that does not have self-circling capability shall not be operated on public waters unless:
(a) The personal watercraft is equipped with a lanyard-type engine cutoff switch;
and
(b) The lanyard is attached to the person, clothing, or personal flotation device of the operator.
(4) A vessel operated on public waters shall be operated at all times according to the provisions of this chapter and the administrative regulations promulgated hereunder. A vessel shall be operated at all times in a reasonable and prudent manner so as not to endanger human life, human physical safety, or property. A person shall not do any of the following while operating a vessel on public waters:
(a) Weave through congested watercraft traffic in a way that endangers human life, human physical safety, or property;
(b) Follow a watercraft that is towing an individual on water skis, a surfboard, or a water sport device in a way that endangers human life, human physical safety, or property;
(c) Jump the wake of another watercraft in a way that endangers human life, human physical safety, or property;
(d) Cut between a boat and the individual or individuals being towed by the boat; (e) Cross paths with another watercraft when visibility around the other
watercraft is so obstructed as to endanger human life, human physical safety,
or property; or
(f) Steer a personal watercraft or motorboat toward an object or individual in the water and turn sharply at close range in a way that endangers human life, human physical safety, or property.
(5) A person shall not operate a personal watercraft on public waters at any time between sunset and the following sunrise.
(6) A person shall not operate a vessel within fifty (50) feet of a commercial motor vessel and its tow which is in operation on a waterway, except if the operator of the commercial motor vessel has given his or her consent.
(7) (a) A person under twelve (12) years of age shall not operate a personal watercraft or motorboat over ten (10) horsepower on the public waters of the Commonwealth.
(b) Effective January 1, 1999, a person twelve (12) years of age through seventeen (17) years of age shall not operate a personal watercraft or motorboat over ten (10) horsepower on the public waters of the Commonwealth unless the person is in possession of a safe boating certificate or is accompanied, on board, by a person eighteen (18) years of age or older or in possession of a safe boating certificate.
(c) While operating a motorboat or a personal watercraft over ten (10) horsepower on the public waters of the Commonwealth, nonresidents twelve (12) years of age through seventeen (17) years of age shall have in their possession a Kentucky safe boating certificate or a recognized and equivalent boat operator licensing or safe boating certificate from another state or country.
(8) Subsections (1) to (6) of this section shall not apply to:
(a) A performer engaged in a professional exhibition; or
(b) A person participating in a regatta, a race, a marine parade, a tournament, or an exhibit that is held in compliance with administrative regulations adopted by the department.
(9) The parent, legal guardian, or other adult who has direct supervision over a minor under the age of eighteen (18) shall not knowingly authorize or permit the minor to operate a motorboat or personal watercraft in violation of this section.
Effective: July 15, 2014
History: Amended 2014 Ky. Acts ch. 109, sec. 2, effective July 15, 2014. — Amended
2012 Ky. Acts ch. 6, sec. 1, effective July 12, 2012. — Created 1998 Ky. Acts ch. 22, sec. 2, effective March 3, 1998.
Legislative Research Commission Note (7/15/2014). 2014 Ky. Acts ch. 109, sec. 4 provided that that Act shall be known and may be cited as the “Boater Freedom Act.” This statute was amended in Section 2 of that Act.
(2) A person shall not operate a personal watercraft on public waters unless every individual operating or riding on the personal watercraft is wearing a personal flotation device that is approved by the United States Coast Guard under 46 C.F.R. § 160, as it may be amended or renumbered.
Terms Used In Kentucky Statutes 235.285
- Department: means the Department of Fish and Wildlife Resources. See Kentucky Statutes 235.010
- 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.
- Motorboat: means any vessel propelled by machinery, whether or not such machinery is the principal source of propulsion, except for the following:
(a) Boats or vessels propelled totally by a direct current battery-powered motor when used on private waters. See Kentucky Statutes 235.010 - Operate: means to navigate or otherwise use a motorboat or a vessel. See Kentucky Statutes 235.010
- Person: means an individual, partnership, firm, corporation, association, or
other entity. See Kentucky Statutes 235.010 - Personal watercraft: means a vessel which uses an internal combustion engine to power a jet pump for its primary source of propulsion and is designed to be operated by a person sitting, standing, or kneeling on the vessel rather than to be operated by a person sitting or standing inside the vessel. See Kentucky Statutes 235.010
- Safe boating certificate: means a document attesting the successful completion of instruction, approved by the department or given by the United States Coast Guard or Coast Guard Auxiliary or the United States Power Squadron, to prepare an individual to safely operate a motorboat or personal watercraft on the waters of the Commonwealth. See Kentucky Statutes 235.010
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Statute: A law passed by a legislature.
- Vessel: means every description of watercraft, other than a seaplane on the water. See Kentucky Statutes 235.010
(3) A personal watercraft that does not have self-circling capability shall not be operated on public waters unless:
(a) The personal watercraft is equipped with a lanyard-type engine cutoff switch;
and
(b) The lanyard is attached to the person, clothing, or personal flotation device of the operator.
(4) A vessel operated on public waters shall be operated at all times according to the provisions of this chapter and the administrative regulations promulgated hereunder. A vessel shall be operated at all times in a reasonable and prudent manner so as not to endanger human life, human physical safety, or property. A person shall not do any of the following while operating a vessel on public waters:
(a) Weave through congested watercraft traffic in a way that endangers human life, human physical safety, or property;
(b) Follow a watercraft that is towing an individual on water skis, a surfboard, or a water sport device in a way that endangers human life, human physical safety, or property;
(c) Jump the wake of another watercraft in a way that endangers human life, human physical safety, or property;
(d) Cut between a boat and the individual or individuals being towed by the boat; (e) Cross paths with another watercraft when visibility around the other
watercraft is so obstructed as to endanger human life, human physical safety,
or property; or
(f) Steer a personal watercraft or motorboat toward an object or individual in the water and turn sharply at close range in a way that endangers human life, human physical safety, or property.
(5) A person shall not operate a personal watercraft on public waters at any time between sunset and the following sunrise.
(6) A person shall not operate a vessel within fifty (50) feet of a commercial motor vessel and its tow which is in operation on a waterway, except if the operator of the commercial motor vessel has given his or her consent.
(7) (a) A person under twelve (12) years of age shall not operate a personal watercraft or motorboat over ten (10) horsepower on the public waters of the Commonwealth.
(b) Effective January 1, 1999, a person twelve (12) years of age through seventeen (17) years of age shall not operate a personal watercraft or motorboat over ten (10) horsepower on the public waters of the Commonwealth unless the person is in possession of a safe boating certificate or is accompanied, on board, by a person eighteen (18) years of age or older or in possession of a safe boating certificate.
(c) While operating a motorboat or a personal watercraft over ten (10) horsepower on the public waters of the Commonwealth, nonresidents twelve (12) years of age through seventeen (17) years of age shall have in their possession a Kentucky safe boating certificate or a recognized and equivalent boat operator licensing or safe boating certificate from another state or country.
(8) Subsections (1) to (6) of this section shall not apply to:
(a) A performer engaged in a professional exhibition; or
(b) A person participating in a regatta, a race, a marine parade, a tournament, or an exhibit that is held in compliance with administrative regulations adopted by the department.
(9) The parent, legal guardian, or other adult who has direct supervision over a minor under the age of eighteen (18) shall not knowingly authorize or permit the minor to operate a motorboat or personal watercraft in violation of this section.
Effective: July 15, 2014
History: Amended 2014 Ky. Acts ch. 109, sec. 2, effective July 15, 2014. — Amended
2012 Ky. Acts ch. 6, sec. 1, effective July 12, 2012. — Created 1998 Ky. Acts ch. 22, sec. 2, effective March 3, 1998.
Legislative Research Commission Note (7/15/2014). 2014 Ky. Acts ch. 109, sec. 4 provided that that Act shall be known and may be cited as the “Boater Freedom Act.” This statute was amended in Section 2 of that Act.