AB500,67,2
19(4) Sailboats with motors. Sailboats A sailboat equipped with
motors a motor 20and being propelled in whole or in part by
such the motor
must shall comply with sub.
21(2) or (3),
whichever is as applicable. Whenever
such a sailboat is being propelled
22entirely by sail at any time from sunset to sunrise, it shall have lighted the lamps
23showing the colored lights specified in sub. (2) or (3), but not the lamps showing the
1white lights, and shall carry ready at hand a lantern or flashlight showing a white
2light which shall be exhibited in sufficient time to avert collision.
AB500,67,4
3(6) (b)
This subsection does not require any light to be shone from A duck
blinds 4blind constructed on emergent vegetation
is not required to be lighted.
AB500,67,11
5(7) Performance Design specifications for lamps. Every white light
6prescribed required by this section shall be
of such character as designed to be visible
7at a distance of at least 2 miles on a dark night with clear atmosphere. Every colored
8light
prescribed required by this section shall be
of such character as designed to be
9visible at a distance of at least one mile on a dark night with clear atmosphere.
The
10owner of a motorboat that is required to carry lighting equipment under this section
11shall maintain the equipment so that the equipment functions as designed.
Note: The current statute requires lights to be "of such character" as to be "visible".
This language establishes a design standard for the lights, and the requirement is revised
and clarified accordingly. A requirement to maintain the lights is added.
AB500,67,16
12(8) Optional lighting requirements. Any boat may carry and exhibit the lights
13required by the
federal international regulations for preventing collisions at sea
,
141948, federal act of October 11, 1951, (33 USC 143-147d) as amended, as
15implemented by 33 CFR part 81 and interpreted by 33 CFR part 82 in lieu of the
16lights required by subs. (2) and (3).
AB500, s. 251
17Section
251. 30.61 (9) of the statutes is repealed.
Note: The current statute requires DNR to promulgate rules to keep the lighting
requirement consistent with federal law. This provision is replaced by a directive in new
s. 30.5005 for the DNR to propose statutory amendments to keep statutory registration,
equipment and operation requirements in conformity with federal regulations.
AB500, s. 252
18Section
252. 30.61 (10) of the statutes is renumbered 30.68 (13) and amended
19to read:
AB500,68,3
130.68
(13) Operation Nighttime operation of personal watercraft. (a)
2Notwithstanding subs. (1), (2), (8) and (9), no No person may operate a personal
3watercraft at any time from sunset to sunrise.
AB500,68,64
(b) If a person operates a personal watercraft in violation of par. (a), the
5operation shall be subject to additional penalties for any failure to comply with the
6applicable lighting requirements under
subs. s. 30.61 (1), (2),
and (8)
and (9).
AB500, s. 253
7Section
253. 30.62 (title), (1) and (2) (b) of the statutes are amended to read:
AB500,68,11
830.62 (title)
Other equipment
Equipment other than lighting. (1)
When
9equipment required. No person
shall may operate any boat on the waters of this
10state unless
such the boat is equipped as required by this section
and the rules of the
11department promulgated under this section.
AB500,68,18
12(1m) Rental boats. No owner of a boat
shall may rent
such a boat to any other
13person for use
upon on the waters of this state unless
such the boat is equipped at
14the time of rental as required by this section
and the rules of the department
15promulgated under this section. If such. If the boat is properly equipped at the time
16of rental for conditions then existing, the responsibility of the owner under this
17section is met, notwithstanding a subsequent change in the number of passengers
18or a change in time from daylight to dark.
Note: The provision regarding rules of the department is repealed and replaced
by a general provision in new s. 30.5005 as created by this bill. That provision states that
any reference to statutory requirements includes additional requirements promulgated
by the DNR by rule pursuant to that statutory requirement.
AB500,68,21
19(2) (b)
Maximum noise levels for operation. No person may operate a motorboat
20powered by an engine
on the waters of this state in such a manner as to exceed a noise
21level of 86 measured on an "A" weighted decibel scale.
AB500, s. 254
22Section
254. 30.62 (2) (c) of the statutes is renumbered 30.62 (2) (c) 1. and
23amended to read:
AB500,69,4
130.62
(2) (c) 1. No person may sell, resell
, or offer for sale any motorboat for use
2on the waters of the state if the motorboat has been so modified that it cannot be
3operated
in such a manner that it will comply with the noise level requirements
4under in compliance with par. (b).
AB500, s. 255
5Section
255. 30.62 (2) (c) 2. of the statutes is created to read:
AB500,69,96
30.62
(2) (c) 2. No person engaged in the business of selling motorboats at retail
7within this state may sell a motorboat for use on the waters of this state in the
8ordinary course of that person's business if the motorboat cannot be operated in
9compliance with par. (b).
Note: Current s. 30.62 (2) (d) prohibits the manufacture and sale of a motorboat
for use in this state if it does not comply with maximum noise levels. That statute does
not prohibit offering for sale a motorboat that does not meet maximum noise level
standards if the boat is not manufactured in this state. This new provision prohibits the
retail sale of a motorboat for use on the waters of this state if the motorboat does not meet
noise level requirements.
AB500, s. 256
10Section
256. 30.62 (2) (d) 1. of the statutes is renumbered 30.62 (2) (d) and
11amended to read:
AB500,69,1512
30.62
(2) (d)
Maximum noise level for manufacture. No person may
13manufacture
and or offer for sale any motorboat for use on the waters of this state
14if the motorboat cannot be operated
in such a manner so as to comply with the noise
15level requirements under in compliance with par. (b).
AB500, s. 257
16Section
257. 30.62 (2) (d) 2. of the statutes is renumbered 30.62 (2) (dm) and
17amended to read:
AB500,69,2118
30.62
(2) (dm)
Testing procedures. The department may promulgate rules
19establishing testing procedures to determine noise levels for the enforcement of this
20section.
The department may revise these rules as necessary to adjust to advances
21in technology.
AB500, s. 258
22Section
258. 30.62 (2) (d) 3. of the statutes is repealed.
AB500, s. 259
1Section
259. 30.62 (2) (f) of the statutes is repealed.
Note: This provision requires local ordinances to be identical to this statute. This
requirement is imposed by s. 30.77 and is unnecessary here.
AB500, s. 260
2Section
260. 30.62 (2) (g) 1. to 3. of the statutes are amended to read:
AB500,70,63
30.62
(2) (g) 1. A motorboat while competing in a
water exhibition or race
4conducted under a permit from a
town, village or city
local governmental unit that
5enacts an ordinance under s. 30.77 or from an authorized agency of the federal
6government.
Note: This provision is expanded by use of "local governmental unit" to include
counties, town sanitary districts, and lake districts. The reference to a local
governmental unit "that enacts an ordinance under s. 30.77" is meant to require that the
local governmental unit have some degree of commitment to local regulation of boating.
However, this provision does not require the local governmental unit to enact an
ordinance related to motor boat racing or speed records. The local governmental unit may
simply issue the permit. "Water exhibition" is added to make this provision consistent
with s. 30.742 and rules promulgated by the DNR under s. NR 5.19, Wis. Adm. Code.
AB500,70,107
2. A motorboat designed and intended solely for racing, while the
boat 8motorboat is operated incidentally to the testing or tuning up of the motorboat and
9engine for the
water exhibition or race in an area designated by and operated under
10a permit specified under subd. 1.
AB500,70,1311
3. A motorboat on an official trial for a speed record if conducted under a permit
12from a
town, village or city local governmental unit that enacts an ordinance under
13s. 30.77.
AB500, s. 261
14Section
261. 30.62 (2) (i) of the statutes is repealed.
Note: The repealed provision exempts governmental agents from the noise limits
when on official duties. This provision is repealed and replaced by a general statute
applicable to all statutes and local regulations related to police, rescue, fire fighting, and
other similar official boat users. See s. 30.64 (1).
AB500, s. 262
15Section
262. 30.62 (2m) and (3) (a) of the statutes are amended to read:
AB500,71,316
30.62
(2m) Overpowering. No person may sell, equip
, or operate, and no owner
17of a
boat motorboat may allow a person to operate, a
boat motorboat with any
motor
1or other propulsion machinery beyond its safe power capacity, taking into
2consideration the type and construction of
such watercraft and other existing
3operating conditions the motorboat.
Note: The definition of "motorboat" in s. 30.50 (6) is "any boat equipped with
propulsion machinery, whether or not the machinery is the principle source of
propulsion". This provision refers to a boat with a motor or propulsion machinery, which
is by definition a motorboat. This provision is redrafted accordingly. The reference to
"other existing operating conditions" is deleted on the grounds that safe power capacity
is determined by the size and design of the motorboat and not by operating conditions.
AB500,71,7
4(3) (a) Every boat, except a sailboard and except as provided in
par. pars. (b)
5and (c), shall carry at least one personal flotation device prescribed by
federal
6regulations 33 CFR part 175 for each person on board or being attended by the boat,
7so placed as to be readily accessible and available to the persons.
AB500, s. 263
8Section
263. 30.62 (3) (c) of the statutes is created to read:
AB500,71,119
30.62
(3) (c) 1. In this paragraph, "racing vessel" means a manually propelled
10racing shell, rowing scull, racing canoe, or racing kayak of the type that is recognized
11by a national or international racing association for use in competitive racing.
AB500,71,1512
2. Paragraph (a) does not apply to a racing vessel if all of the vessel's occupants,
13other than a coxswain, row, scull, or paddle the vessel and if the vessel is not designed
14to carry and does not carry any equipment other than equipment used solely for
15competitive racing.
Note: This provision duplicates the exemptions in current federal rules,
33 CFR
175.17.
AB500, s. 264
16Section
264. 30.62 (4) (a) of the statutes is amended to read:
AB500,72,317
30.62
(4) (a) Every motorboat
, except outboards of open construction, shall be
18provided with
such number, size and type of fire extinguishers,
capable of promptly
19and effectively extinguishing burning gasoline, as prescribed by rules of the
20department.
Such The fire extinguishers shall be
at all times kept in condition for
1immediate and effective use and shall be
so placed as to be readily accessible.
"Open
2construction" means construction which will not permit the entrapment of explosive
3or flammable gases or vapors.
AB500, s. 265
4Section
265. 30.62 (4) (b) of the statutes is renumbered 30.62 (4) (b) (intro.)
5and amended to read:
AB500,72,66
30.62
(4) (b) (intro.) This subsection does not apply to
a any of the following:
AB500,72,10
71. A motorboat while competing in a race conducted pursuant to a permit from
8a
town, village or city local governmental unit that enacts an ordinance under s.
930.77 or from an authorized agency of the
U.S.
federal government
, nor does it apply
10to a .
AB500,72,13
112. A boat designed and intended solely for racing, while the boat is operated
12incidentally to the tuning up of the boat and engine for the race at the race location
13on the day of the race.
AB500, s. 266
14Section
266. 30.62 (4) (b) 3. of the statutes is created to read:
AB500,72,1715
30.62
(4) (b) 3. A motorboat that is equipped with an outboard motor and that
16is constructed in a manner that does not permit explosive or flammable gases or
17vapors to become entrapped in the motorboat.
AB500, s. 267
18Section
267. 30.62 (5) of the statutes is amended to read:
AB500,72,2319
30.62
(5) Backfire flame arresters. Every
boat motorboat equipped with an
20inboard motor using gasoline as a fuel shall have the carburetors of
every each 21inboard gasoline motor fitted with an
efficient effective device for arresting backfire
22flames. The device shall
meet the specifications prescribed by comply with federal
23regulations.
AB500, s. 268
24Section
268. 30.62 (6) of the statutes is renumbered 30.62 (6) (a) and amended
25to read:
AB500,73,4
130.62
(6) (a)
Every boat, except open boats, Except as provided in par. (b), every
2motorboat using
as fuel any liquid of a volatile
nature, liquid fuel shall be provided
3with an
efficient natural or mechanical effective ventilation system
which that is
4capable of removing
resulting inflammable flammable or explosive gases.
AB500, s. 269
5Section
269. 30.62 (6) (b) of the statutes is created to read:
AB500,73,86
30.62
(6) (b) Paragraph (a) does not apply to a motorboat that is constructed
7in a manner that does not permit explosive or flammable gases or vapors to become
8entrapped in the motorboat.
AB500, s. 270
9Section
270. 30.62 (8) of the statutes is amended to read:
AB500,73,1510
30.62
(8) Battery cover
. Every motorboat If a boat is equipped with
storage
11batteries a battery as part of the boat's electrical system, the battery shall be
12provided with suitable supports and secured against shifting with the motion of the
13boat.
Such storage batteries Both battery terminals shall be
equipped with a
14nonconductive shielding means covered to prevent accidental shorting of battery
15terminals.
Note: Several changes are proposed for the provision on batteries. The current
statute applies only to motorboats. If a nonmotorized boat uses a battery to power an
electrical system, there does not appear to be a reason why the nonmotorized boat should
not require securing and covering the battery. The current reference to "storage
batteries" is replaced by a reference to a battery that is part of the boat's electrical system.
This will exclude from this requirement any other equipment such as depth finders,
navigation lights or global positioning system units that are typically operated by dry cell
batteries or by small, separate 12 volt lead-acid batteries.
AB500, s. 271
16Section
271. 30.62 (9) of the statutes is repealed.
Note: The current statute requires DNR to promulgate rules to conform state
requirement regulations with federal law. This provision is replaced by a general
directive in new s. 30.5005 for the DNR to propose statutory amendments, registration,
operation and equipment standards in conformity with federal regulations.
AB500, s. 272
17Section
272. 30.625 (1) (intro.) and (2) of the statutes are amended to read:
AB500,73,1918
30.625
(1) (intro.) No person who
is engaged in the rental or leasing of rents
19or leases personal watercraft to the public may do any of the following:
AB500,74,2
1(2) The department
may shall promulgate rules to establish minimum
2standards for the instruction given under sub. (1) (a).
Note: Section 30.5005 (1) (b), as created by this bill, states the general authority
of DNR to promulgate rules under this subchapter. However, rather than repealing s.
30.625 (2), it is changed to a mandatory provision. This makes this provision consistent
with what appears to be the legislative intent of this provision — that the DNR is required
to supplement the statute with rules regarding standards for instruction on personal
watercraft operation.
AB500, s. 273
3Section
273. 30.63 of the statutes is renumbered 30.62 (10) and amended to
4read:
AB500,74,85
30.62
(10) Sale and use of certain outboard motors restricted. (a)
Sale. No
6person may sell any new outboard motor for use
in
on the waters of this state unless
7such the motor is equipped with a crankcase effectively sealed to prevent the
8drainage of raw fuel into the waters in which the motor is operated.
AB500,74,129
(b)
Use. Beginning January 1, 1990, no No person may operate an outboard
10motor
in on the waters of this state unless
such the motor is equipped with a
11crankcase effectively sealed to prevent the drainage of raw fuel into the waters in
12which
such the motor is operated.
AB500, s. 274
13Section
274. 30.635 of the statutes is renumbered 30.66 (4) and amended to
14read:
AB500,74,2115
30.66
(4) Motorboat prohibition Slow-no-wake; lakes 50 acres or less.
On 16No person may operate a motorboat in excess of slow-no-wake speed on lakes
of 50
17acres or less having public access,
motorboats may not be operated in excess of
18slow-no-wake speed, except when
such the lakes serve as thoroughfares between 2
19or more navigable lakes. The department by rule may modify or waive the
20requirements of this
section as to particular subsection for individual lakes, if it finds
21that public safety is not impaired by
such the modification or waiver.
AB500, s. 275
1Section
275. 30.64 of the statutes is renumbered 30.68 (14), and 30.68 (14) (a)
2and (b), as renumbered, are amended to read:
AB500,75,103
30.68
(14) (a) The operator of a
duly authorized patrol boat, when responding
4to an emergency call or when in pursuit of an actual or suspected violator of the law,
5need not comply with
state law or local this subchapter or ordinances
fixing
6maximum speed limits under s. 30.77 when a siren
is being sounded or emergency
7light is activated and if due regard is given to the safety of other persons in the
8vicinity. If
a an emergency light is used
in conjunction with a siren, it shall be
the
9oscillating or flashing type and be fitted with a blue lens of a type and design specified
10under 33 CFR 88.11 or 88.12.
Note: Patrol boats are subject to exceptions from various boat operation statutes
in ss. 30.62 (2) (i), 30.68 (7) and 30.73 (2) (a). These individual exceptions are deleted in
lieu of the general exemption from all boating operation statutes and local regulations for
a "patrol boat", as defined in new s. 30.50 (9b).
A blue light is required for law enforcement patrol boats. Red and yellow lights are
required for fire and emergency patrol boats.
AB500,75,1411
(b) Upon the approach of a
duly authorized patrol boat giving an audio or visual
12signal
, the operator of a boat shall reduce the boat speed to
that speed necessary to
13maintain steerage control slow-no-wake and yield the right-of-way to the patrol
14boat until it has passed.
AB500, s. 276
15Section
276. 30.65 (1) (intro.), (b) and (f) and (2) of the statutes are amended
16to read:
AB500,75,2117
30.65
(1) Meeting; overtaking; right-of-way. (intro.) Every person operating
18a boat shall comply with the following traffic rules, except when deviation
therefrom 19from these rules is necessary to comply with federal
pilot inland navigational rules
,
20under 33 USC 2001 to 2073 and 33 CFR parts 84 to 90, while operating on the
21navigable waters of the United States:
AB500,76,4
1(b) When 2 motorboats are approaching each other obliquely or at right angles,
2the boat
which that has the other on
her the right shall yield the right-of-way to the
3other. "Right" means from dead ahead, clockwise to 2 points abaft the starboard
4beam.
AB500,76,65
(f) A boat granted the right-of-way by this section shall maintain
her course
6and speed, unless to do so would probably result in a collision.
AB500,76,10
7(2) Additional traffic rules. The department may promulgate
such 8additional traffic rules
as it deems necessary in the interest of public safety. Such
9rules shall that conform as nearly as possible to the federal
pilot inland navigational 10rules
under 33 USC 2001 to 2073 and the regulations under 33 CFR parts 84 to 90.
AB500, s. 277
11Section
277. 30.66 (1), (2) (title) and (3) of the statutes are amended to read:
AB500,76,1712
30.66
(1) Speed to be reasonable and prudent. No person
shall may operate
13a motorboat at a speed greater than is reasonable and prudent under the conditions
14and having regard for the actual and potential hazards then existing. The speed of
15a motorboat shall be
so controlled
as to avoid colliding with any
boat, object
lawfully
16in or on the water or with any, or person
, boat or other conveyance in or on the water
17in compliance with legal requirements and exercising due care.
Note: The 2nd sentence of this subsection requires the speed of a motorboat to be
controlled to avoid collision with objects "lawfully in or on the water" or with persons or
boats that are "in compliance with legal requirements and exercising due care". This
suggests that the speed of a motorboat does not need to be controlled to avoid collision
with any object, boat or person that does not meet these requirements. The amendment
to this subsection requires motorboat speed to be controlled so as to avoid collision with
any boat, object or person in or on the water, whether or not that boat, object, or person
is lawfully in or on the water or in compliance with legal requirements or exercising due
care. This change establishes a principle of "defensive driving" for motorboat operation.
A motorboat operator is required to control motorboat speed so as to avoid collision, no
matter how any other boat is operated, any object is placed in the water, or any person
uses the water.
AB500,76,18
18(2) (title)
Fixed Posted limits.
AB500,77,3
1(3) Prohibited operation Slow-no-wake. (a)
Except under s. 30.69 (3), no No 2person may operate a motorboat within 100 feet of any dock, raft, pier
, or buoyed
3restricted area on any lake at a speed in excess of slow-no-wake speed.
Note: The cross-reference to s. 30.69 (3) relates to restrictions on operation of a
motorboat in connection with water skiing. The cross-referenced provision establishes
various restrictions on the distance that must be maintained between a motorboat or
personal watercraft towing a skier and various other objects. The restrictions in s. 30.69
(3) (a) to (c) do not overlap or contradict the restrictions above in s. 30.66 (3) (a). Therefore,
the phrase "Except under s. 30.69 (3)", is deleted. The exception in current s. 30.69 (3)
(d) remains relevant, and is duplicated below in new s. 30.66 (3) (c). See the description
in the following comment.
AB500,77,74
(b) No person may operate a personal watercraft at a speed in excess of
5slow-no-wake within 100 feet of any other boat or within 200 feet of the shoreline
6of any lake.
This paragraph does not apply if s. 30.69 (3) (a), (c) or (d) applies to the
7operation of the personal watercraft.
Note: The restriction on the operation of a personal watercraft within 200 feet of
the shoreline of a lake was added by
1997 Wisconsin Act 198. The placement of that
language in the first sentence of s. 30.66 (3) (b) creates a problem in connection with the
sentence that follows. Most of the restrictions in s. 30.69 (3) (a), (c) and (d) apply to
operation of a motorboat that is towing a water skier, and the distances that must be
maintained between the motorboat and other objects. The problem is that, for example,
if a personal watercraft operator is towing a skier, the restriction on operation within 200
feet of the shoreline of the lake does not apply. This does not appear to be the intent of
the legislature. The only portion of s. 30.69 (3) (a), (c) and (d) that applies to operation
of a personal watercraft that is towing a skier in relation to the shoreline is s. 30.69 (3)
(d), which applies to pickup and drop areas that are marked with regulatory markers and
that are open to operators of personal watercraft and to motorboats engaged in water
skiing. To resolve this problem, the bill deletes the cross-reference in par. (b) and
recreates the substance of the exception for pickup and drop areas in s. 30.66 (3) (c), below.
AB500, s. 278
8Section
278. 30.66 (3) (c) of the statutes is created to read: