Michigan Laws 324.80156 – Motorboat; muffler or underwater exhaust system required; maximum sound levels; test and maximum decibel levels; new motorboat to comply with prescribed sound levels; exceptions; “dB(A)” defined; viol
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Terms Used In Michigan Laws 324.80156
- 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
- Manufacturer: means a person engaged in any of the following:
(i) The manufacture, construction, or assembly of boats or associated equipment. See Michigan Laws 324.80103Motorboat: 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 Operator: means the person who is in control or in charge of a vessel while that vessel is underway. 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 Rule: means a rule promulgated pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24. 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 Use: means operate, navigate, or employ. See Michigan Laws 324.80104 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
(1) Subject to subsection (2), a person shall not operate a motorboat on the waters of this state unless the motorboat is equipped and maintained with an effective muffler or underwater exhaust system that does not produce sound levels in excess of 90 dB(A) when subjected to a stationary sound level test as prescribed by SAE J2005 or a sound level in excess of 75 dB(A) when subjected to a shoreline sound level measurement procedure as described by SAE J1970. The operator of a motorboat shall present the motorboat for a sound level test as prescribed by SAE J2005 upon the request of a peace officer. If a motorboat is equipped with more than 1 motor or engine, the test shall be performed with all motors or engines operating. To determine whether a person is violating this subsection, a peace officer may measure sound levels pursuant to procedures prescribed in SAE J1970, issued 1991-92.
(2) The department may by rule establish a motorboat sound level test and set a maximum decibel level or levels permitted for motorboat operation that replace the tests and maximum decibel levels permitted under subsection (1). If a test and maximum decibel level or levels are established pursuant to this subsection, all of the following apply:
(a) A person shall not operate a motorboat on the waters of this state if the motorboat produces sound levels that exceed the maximum decibel level or levels established under this subsection.
(b) The operator of a motorboat shall present the motorboat for the sound level test established pursuant to this subsection upon the request of a peace officer.
(c) A motorboat equipped with more than 1 motor or engine shall be tested with all motors or engines operating.
(3) A person shall not manufacture, sell, or offer for sale a motorboat for use on the waters of this state unless that motorboat is equipped and maintained with an effective muffler or underwater exhaust system that complies with the applicable sound levels permitted under subsection (1) or (2).
(4) Subsections (1) and (2) do not apply to any of the following:
(a) A motorboat tuning up or testing for or participating in official trials for speed records or a sanctioned race conducted pursuant to a permit issued by an appropriate unit of government.
(b) A motorboat being operated by a boat or marine engine manufacturer for the purpose of testing or development.
(c) A motorboat that qualifies as an historic vessel.
(5) As used in this section, “dB(A)” means decibels on the “A” scale on a sound meter having characteristics of a general purpose sound meter as defined by American national standards institute S1.4-1983.
(6) 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 $150.00. A person who violates this section a second or subsequent time is guilty of a misdemeanor, punishable by imprisonment for not more than 90 days and a fine of not less than $100.00 or more than $500.00. Additionally, before putting the motorboat back in use, a person who violates this section is required to install an effective muffler or underwater exhaust system that meets the requirements of this section on the motorboat in violation at his or her expense.