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Michigan Boating Laws

Michigan Boating Laws

 

In Michigan, state laws govern many aspects of boat and watercraft operation.  The following are summaries of some of the important laws that you need to know and obey.  

Laws Prohibiting Dangerous Operation

Michigan law designates these dangerous boat operating practices as illegal:

Reckless operation of a vessel, or reckless manipulation of water skis, a surfboard, or similar device is activity that disregards the safety or rights of others or endangers the person or property of others.  Some examples are:
  • Weaving your boat through congested waterway traffic or swerving at the last possible moment in order to avoid collision
  • Jumping the wake of another boat unnecessarily close to the other boat or when visibility around the other vessel is restricted
  • Chasing, harassing or disturbing wildlife with your boat
  • Causing damage from the wake of your boat

Failure to regulate speed is operating a vessel at speeds that may cause danger to life or property of any other person, or at speeds that will not permit you to bring your vessel to a safe stop.  It is illegal in Michigan to operate a vessel:

  • In excess of 55 mph, unless you are at least one mile offshore of the Great Lakes or Lake St. Clair
  • At greater than “slow-no wake speed” if any person is in the bow of a vessel without proper seating
  • Faster than is reasonable and prudent under the conditions (weather, vessel traffic, etc.)

Improper distance is operating at greater than “slow-no wake speed” (except in channels that are not posted), if the vessel or persons being towed are within 100 feet of:

  • A shoreline (if operating in water less than 3 feet deep)
  • Any moored or anchored vessel
  • A dock or raft
  • Any marked swimming area or person(s) in the water
If operating at greater than “slow-no wake speed,” personal watercrafts must:
  • Stay at least 200 feet from any Great Lakes’ shoreline
  • Not cross within 150 feet behind any other vessel, except another personal watercraft

Slow-no wake speed is the slowest speed at which it is still possible to maintain steering and does not create a wake.

Improper direction is the failure to operate in a counter-clockwise direction except in areas marked by well-defined channels or rivers.

Boating in restricted areas is operating within a restricted area clearly marked by buoys, beacons, diver down flags, etc.

Riding on bow is illegal in Michigan if the boat is not equipped with bow seating and the vessel is operating at greater than “slow-no wake speed.”  Persons are also not allowed to ride on the gunwale.  While underway, persons on a vessel cannot sit, stand, or walk on any portion of a vessel not designed for that purpose.

Michigan Laws Requiring Life Jackets

Who must wear a life jacket or personal flotation device (PFD) in Michigan?

  • Children less than 6 years of age must wear a Type I or Type II PFD when riding in the open deck area of a boat in Michigan
  • Each person 12 years of age or older operating, riding on or being towed behind a personal watercraft (jet ski) must wear a Type I, Type II, or Type III PFD (that is not an inflatable device) in Michigan
  • Each person less than 12 years of age riding or being towed behind a personal watercraft (jet ski) must wear a Type I or Type II PFD in Michigan

What type of PFD do I need to carry on my boat in Michigan?

  • Boats less than 16 feet (including canoes and kayaks) must be equipped with one Type I, II, III, or IV PFD for each person on board.
  • The U.S. Guard requires all vessels less than 16 feet, used on the Great Lakes or connecting waterways, to carry one approved Type I, II, or III device for each person on board.
  • Vessels 16 feet and longer must carry one type IV, in addition to the Type I, II, or III for each person on board.  (Canoes and kayaks over 16 feet are exempt from the Type IV requirement.)

What are the differences between the types of PFD's?

  • TYPE I:  (Offshore Life Jacket) (22 lbs. Buoyancy) Best for open, rough, or remote water where rescue may be slow in coming.
  • TYPE II:  (Near-Shore Buoyant Vest) (15.5 lbs. Buoyancy) Good for calm, inland water or where there is good chance of fast rescue.
  • TYPE III:  (Flotation Aid) (15.5 lbs. Buoyancy) Good for calm, inland water or where there is a good chance of fast rescue.
  • TYPE IV:  (Throwable Device) For calm, inland water with heavy boat traffic, where help is always nearby.

By law, all life jackets (PFD’s) must be ready at hand and not enclosed in plastic bags or other containers.

Michigan Boating Laws Regarding Alcohol and Drugs

Michigan boating law prohibits anyone from boating while under the influence of alcohol or drugs.  It is also unlawful for the owner of a vessel to allow anyone else to operate their vessel if that person is under the influence of alcohol or drugs.

The following conditions determine if you are boating under the influence:

  • If your blood alcohol concentration is 0.10% or greater by weight of alcohol as determined by a breath, blood, or urine test
  • If your blood alcohol concentration is greater than 0.07% but less than 0.10% by weight of alcohol as determined by a breath, blood, or urine test, a law enforcement officer can consider that fact along with other evidence in determining if you are under the influence

Michigan boating law establishes the following penalties:

  • People arrested for boating under the influence are guilty of a misdemeanor
  • Upon a third conviction within 10 years, a person will be guilty of a felony
  • If a person boating under the influence causes great bodily injury or death of another person, he or she also will be guilty of a felony

By operating a vessel on Michigan waters, you are consenting to be tested for alcohol or drugs, if arrested by a law enforcement official.

Michigan Laws Requiring Accident and Injury Reports

The operator of a Michigan boat, or each person onboard, must report an occurrence without delay, by the quickest means available, to the nearest conservation officer, sheriff of the county, or nearest state police post when:

  • A person dies
  • A person disappears from a vessel

The operator or the owner of a vessel must file an Accident Report Form prepared by the Michigan Department of Natural Resources:

Within 48 hours if:

  • A person dies within 24 hours of the occurrence
  • A person loses consciousness or receives medical treatment or is disabled for more than 24 hours

Within 5 days if:

  • Damage to the vessel and other property damage totals more than $2,000
  • A person disappears from the vessel under circumstances that indicate death or injury

You must stop and render assistance to any person involved in a boating accident, unless the action would endanger your own vessel or passengers.

You must give your name, address, and Certificate of Number in writing to any injured person and to the owner of any damaged property if you are involved in a boating accident.

If you or a loved one was seriously injured in a Michigan boat accident, talk with an experienced Michigan boat accident lawyer.  Please submit a simple, free and confidential legal consultation form now. 

Get the Bernstein Advantage today.

 
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