30.67
30.67
Accidents and accident reports. 30.67(1)
(1)
Duty to render aid. Insofar as the operator of a boat can do so without serious danger to the operator's boat or to persons on board, the operator of a boat involved in a boating accident shall stop the operator's boat and render to other persons affected thereby such assistance as may be practicable and necessary to save them from or minimize any danger caused by the accident. The operator shall give the operator's name and address and identification of the operator's boat to any person injured and to the owner of any property damaged in the accident.
30.67(2)(a)(a) If a boating accident results in death or injury to any person, the disappearance of any person from a boat under circumstances indicating death or injury, or property damage, every operator of a boat involved in an accident shall, without delay and by the quickest means available, give notice of the accident to a conservation warden or local law enforcement officer and shall file a written report with the department on the form prescribed by it. The department shall promulgate rules necessary to keep accident reporting requirements in conformity with rules adopted by the U.S. coast guard.
30.67(2)(b)
(b) If the operator of a boat is physically incapable of making the report required by this subsection and there was another occupant in the boat at the time of the accident capable of making the report the other occupant shall make such report.
30.67(3)
(3) Terms defined. In this section:
30.67(3)(a)
(a) "Boating accident" means a collision, accident or other casualty involving a boat.
30.67(3)(b)
(b) "Injury" means any injury of a physical nature resulting in medical treatment, disability for more than 24 hours or loss of consciousness.
30.67(3)(c)
(c) "Total property damage" means the sum total cost of putting the property damaged in the condition it was in before the accident, if repair thereof is practical, and if not practical, the sum total cost of replacing the property.
30.67(4)
(4) Reports confidential. No report required by this section to be filed with the department shall be used as evidence in any trial, civil or criminal, arising out of an accident, except that the department shall furnish upon demand of any person who has or claims to have made such a report, or upon demand of any court, a certificate showing that a specified accident report has or has not been made to the department solely to prove a compliance or a failure to comply with the requirement that such a report be made.
30.67(5)
(5) Transmittal of information to federal and state authorities. If any request for information available on the basis of reports filed pursuant to this section is duly made by an authorized official or agency of the U.S. government or of the state which registered the boat involved or the state where the accident occurred, the department shall compile and furnish such information in accordance with such request.
30.67(6)
(6) Coroners and medical examiners to report; require blood specimen. 30.67(6)(a)(a) Every coroner or medical examiner shall on or before the 10th day of each month report in writing to the department the death of any person within his or her jurisdiction during the preceding calendar month as the result of an accident involving a boat and the circumstances of the accident.
30.67(6)(b)
(b) In cases of death involving a boat in which the person died within 6 hours of the time of the accident, a blood specimen of at least 10 cc. shall be withdrawn from the body of the decedent within 12 hours after his or her death, by the coroner or medical examiner or by a physician so designated by the coroner or medical examiner or by a qualified person at the direction of the physician. All morticians shall obtain a release from the coroner or medical examiner prior to proceeding with embalming any body coming under the scope of this section. The blood so drawn shall be forwarded to a laboratory approved by the state health officer for analysis of the alcoholic content of the blood specimen. The coroner or medical examiner causing the blood to be withdrawn shall be notified of the results of each analysis made and shall forward the results of each analysis to the state health officer. The state health officer shall keep a record of all examinations to be used for statistical purposes only. The cumulative results of the examinations, without identifying the individuals involved, shall be disseminated and made public by the state health officer. The department shall reimburse coroners and medical examiners for the costs incurred in submitting reports and taking blood specimens and laboratories for the costs incurred in analyzing blood specimens under this section.
30.675
30.675
Distress signal flag. The display on a boat or by a person of an orange flag approximately 18 by 30 inches in size shall indicate that such boat or person is in need of help.
30.675(1)
(1) Insofar as is possible without serious danger to the operator's boat or persons on board, the operator of a boat observing a distress signal shall render to the boat or person displaying the signal such assistance as may be practicable and necessary to save the boat or person or to minimize any danger to them.
30.675(2)
(2) No person shall display a flag like that described in
sub. (1) unless such person is in need of assistance to prevent bodily injury or destruction of property.
30.675 History
History: 1991 a. 316.
30.68
30.68
Prohibited operation. 30.68(2)
(2)
Negligent operation. No person may operate or use any boat, or manipulate any water skis, aquaplane or similar device upon the waters of this state in a careless, negligent or reckless manner so as to endanger that person's life, property or person or the life, property or person of another.
30.68(3)
(3) Operation by incapacitated person or minor. 30.68(3)(a)(a) No person in charge or control of a boat shall authorize or knowingly permit the boat to be operated by any person who by reason of physical or mental disability is incapable of operating such boat under the prevailing circumstances.
30.68(3)(b)
(b) No person under the age of 10 years may operate a motorboat. Persons at least 10 and less than 12 years of age may operate a motorboat only if they are either accompanied in the boat by a parent or guardian or a person at least 18 years of age designated by a parent or guardian. Persons at least 12 and less than 16 years of age may operate a motor of any horsepower, but only if they are either accompanied by a parent or guardian or a person at least 18 years of age designated by a parent or guardian, or in possession of a certificate issued under
s. 30.74 (1). This paragraph does not apply to personal watercraft.
30.68(3)(c)1.1. No person under the age of 12 years may operate, lease or rent a personal watercraft.
30.68(3)(c)2.
2. No person who is at least 12 years of age but under 16 years of age may rent or lease a personal watercraft.
30.68(3)(c)3.
3. No person who is at least 12 years of age but under 16 years of age may operate a personal watercraft unless he or she is in possession of a certificate issued under
s. 30.74 (1).
30.68(3)(d)
(d) A violation of
par. (b) or
(c) done with the knowledge of a parent or guardian shall be deemed a violation by the parent or guardian, and punishable under
s. 30.80.
30.68(4)
(4) Creating hazardous wake or wash. 30.68(4)(a)(a) No person shall operate a motorboat so as to approach or pass another boat in such a manner as to create a hazardous wake or wash.
30.68(4)(b)
(b) An operator of a motorboat is liable for any damage caused to the person or property of another by the wake or wash from such motorboat unless the negligence of such other person was the primary cause of the damage.
30.68(4m)
(4m) Facing backwards. No person may operate a personal watercraft while facing backwards.
30.68(5)
(5) Operating in circular course. No person may operate a motorboat repeatedly in a circuitous course around any other boat, or around any person who is swimming, if such circuitous course is within 200 feet of such boat or swimmer; nor shall any boat or water skier operate or approach closer than 100 feet to any skin diver's flag or any swimmer unless the boat is part of the skin diving operation or is accompanying the swimmer, or unless physical conditions make compliance impossible.
30.68(5m)
(5m) Towing by a personal watercraft. A person may use a personal watercraft to tow a stranded or disabled boat if, during towing, the speed of the personal watercraft does not exceed slow-no-wake.
30.68(6)
(6) Riding on decks and gunwales. No person operating a motorboat may ride or sit, or may allow any other person in the motorboat to ride or sit, on the gunwales, tops of seat backs or sides or on the decking over the bow of the boat in an unsafe manner while under way, unless such person is inboard of guards or railings provided on the boat to prevent persons from being lost overboard. Nothing in this section shall be construed to prohibit entry upon the decking over the bow of the boat for the purpose of anchoring, mooring or casting off or other necessary purpose.
30.68(7)
(7) Restricted areas. No person shall operate a boat within a water area which has been clearly marked by buoys or some other distinguishing device as a bathing or swimming area; nor operate a boat in restricted use areas contrary to regulatory notice pursuant to
s. 30.74 (2). This subsection does not apply in the case of an emergency, or to patrol or rescue craft.
30.68(8)
(8) Anchoring in traffic lanes. No person may anchor, place, affix or abandon any unattended boat, raft, float or similar structure in the traveled portion of any river or channel or in any traffic lane established and legally marked, so as to prevent, impede or interfere with the safe passage of any other boat through the same.
30.68(8m)(a)(a) No person may use a mooring or attach a boat to a mooring buoy if the mooring or mooring buoy violates
s. 30.772 or
30.773.
30.68(8m)(b)
(b) No person may use a piling for mooring a boat, except for mooring a boat in Lake Michigan or Lake Superior or on the Mississippi River.
30.68(9)
(9) Overloading. No person may operate, and no owner of a boat may allow a person to operate, a boat that is loaded with passengers or cargo beyond its safe carrying capacity, taking into consideration weather and other existing operating conditions.
30.68(11)
(11) Unnecessarily sounding whistles. No person shall unnecessarily sound a horn, whistle or other sound-producing device on any boat while at anchor or under way. The use of a siren on any except duly authorized patrol boats on patrol or rescue duty is prohibited.
30.68(12)
(12) Molesting or destroying aids to navigation and regulatory markers. No unauthorized person shall move, remove, molest, tamper with, destroy or attempt to destroy, or moor or fasten a boat (except to mooring buoys) to any navigation aids or regulatory markers, signs or other devices established and maintained to aid boaters.
30.681
30.681
Intoxicated boating. 30.681(1)(a)(a)
Operating while under the influence of an intoxicant. No person may engage in the operation of a motorboat while under the influence of an intoxicant to a degree which renders him or her incapable of safe motorboat operation.
30.681(1)(b)
(b)
Operating with alcohol concentrations at or above specified levels. 30.681(1)(b)1.1. No person may engage in the operation of a motorboat while the person has an alcohol concentration of 0.1 or more. This subdivision does not apply to commercial motorboats.
30.681(1)(b)2.
2. No person may engage in the operation of a commercial motorboat while the person has a blood alcohol concentration of 0.04% or more by weight of alcohol in his or her blood. No person may engage in the operation of a commercial motorboat while the person has 0.04 grams or more of alcohol in 210 liters of his or her breath.
30.681(1)(bn)
(bn)
Operating with alcohol concentrations at specified levels; below legal drinking age. A person who has not attained the legal drinking age, as defined in
s. 125.02 (8m), may not engage in the operation of a motorboat while he or she has a blood alcohol concentration of more than 0.0 but less than 0.1.
30.681(1)(c)
(c)
Related charges. A person may be charged with and a prosecutor may proceed upon a complaint based upon a violation of
par. (a) or
(b) or both for acts arising out of the same incident or occurrence. If the person is charged with violating both
pars. (a) and
(b), the offenses shall be joined. If the person is found guilty of both
pars. (a) and
(b) for acts arising out of the same incident or occurrence, there shall be a single conviction for purposes of sentencing and for purposes of counting convictions under
s. 30.80 (6) (a) 2. and
3. Paragraphs (a) and
(b) each require proof of a fact for conviction which the other does not require.
30.681(2)(a)(a)
Causing injury while under the influence of an intoxicant. No person while under the influence of an intoxicant to a degree which renders him or her incapable of safe motorboat operation may cause injury to another person by the operation of a motorboat.
30.681(2)(b)
(b)
Causing injury with alcohol concentrations at or above specified levels. 30.681(2)(b)1.1. No person who has an alcohol concentration of 0.1 or more may cause injury to another person by the operation of a motorboat. This subdivision does not apply to commercial motorboats.
30.681(2)(b)2.
2. No person who has a blood alcohol concentration of 0.04% or more by weight of alcohol in his or her blood may cause injury to another person by the operation of a commercial motorboat. No person who has 0.04 grams or more of alcohol in 210 liters of his or her breath may cause injury to another person by the operation of a commercial motorboat.
30.681(2)(c)
(c)
Related charges. A person may be charged with and a prosecutor may proceed upon a complaint based upon a violation of
par. (a) or
(b) or both for acts arising out of the same incident or occurrence. If the person is charged with violating both
pars. (a) and
(b) in the complaint, the crimes shall be joined under
s. 971.12. If the person is found guilty of both
pars. (a) and
(b) for acts arising out of the same incident or occurrence, there shall be a single conviction for purposes of sentencing and for purposes of counting convictions under
s. 30.80 (6) (a) 2. and
3. Paragraphs (a) and
(b) each require proof of a fact for conviction which the other does not require.
30.681(2)(d)1.1. In an action under this subsection for a violation of the intoxicated boating law where the defendant was operating a motorboat that is not a commercial motorboat, the defendant has a defense if he or she proves by a preponderance of the evidence that the injury would have occurred even if he or she had been exercising due care and he or she had not been under the influence of an intoxicant or did not have an alcohol concentration of 0.1 or more.
30.681(2)(d)2.
2. In an action under this subsection for a violation of the intoxicated boating law where the defendant was operating a commercial motorboat, the defendant has a defense if he or she proves by a preponderance of the evidence that the injury would have occurred even if he or she had been exercising due care and he or she had not been under the influence of an intoxicant or did not have a blood alcohol concentration of 0.04% or more by weight of alcohol in his or her blood or 0.04 grams or more of alcohol in 210 liters of his or her breath.
30.682
30.682
Preliminary breath screening test. 30.682(1)
(1)
Requirement. A person shall provide a sample of his or her breath for a preliminary breath screening test if a law enforcement officer has probable cause to believe that the person is violating or has violated the intoxicated boating law and if, prior to an arrest, the law enforcement officer requested the person to provide this sample.
30.682(2)
(2) Use of test results. A law enforcement officer may use the results of a preliminary breath screening test for the purpose of deciding whether or not to arrest a person for a violation of the intoxicated boating law or for the purpose of deciding whether or not to request a chemical test under
s. 30.684. Following the preliminary breath screening test, chemical tests may be required of the person under
s. 30.684.
30.682(3)
(3) Admissibility. The result of a preliminary breath screening test is not admissible in any action or proceeding except to show probable cause for an arrest, if the arrest is challenged, or to show that a chemical test was properly required of a person under
s. 30.684.
30.682(4)
(4) Refusal. There is no penalty for a violation of
sub. (1).
Section 30.80 (1) and the general penalty provision under
s. 939.61 do not apply to that violation.
30.682 History
History: 1985 a. 331.
30.683
30.683
Implied consent. Any person who engages in the operation of a motorboat upon the waters of this state is deemed to have given consent to provide one or more samples of his or her breath, blood or urine for the purpose of authorized analysis as required under
s. 30.684. Any person who engages in the operation of a motorboat upon the waters of this state is deemed to have given consent to submit to one or more chemical tests of his or her breath, blood or urine for the purpose of authorized analysis as required under
s. 30.684.
30.683 History
History: 1985 a. 331.
30.684(1)(a)(a)
Samples; submission to tests. A person shall provide one or more samples of his or her breath, blood or urine for the purpose of authorized analysis if he or she is arrested for a violation of the intoxicated boating law and if he or she is requested to provide the sample by a law enforcement officer. A person shall submit to one or more chemical tests of his or her breath, blood or urine for the purpose of authorized analysis if he or she is arrested for a violation of the intoxicated boating law and if he or she is requested to submit to the test by a law enforcement officer.
30.684(1)(b)
(b)
Information. A law enforcement officer requesting a person to provide a sample or to submit to a chemical test under
par. (a) shall inform the person at the time of the request and prior to obtaining the sample or administering the test:
30.684(1)(b)2.
2. That a refusal to provide a sample or to submit to a chemical test constitutes a violation under
sub. (5) and is subject to the same penalties and procedures as a violation of
s. 30.681 (1) (a); and
30.684(1)(b)3.
3. That in addition to the designated chemical test under
sub. (2) (b), he or she may have an additional chemical test under
sub. (3) (a).
30.684(1)(c)
(c)
Unconscious person. A person who is unconscious or otherwise not capable of withdrawing consent is presumed not to have withdrawn consent under this subsection, and if a law enforcement officer has probable cause to believe that the person violated the intoxicated boating law, one or more chemical tests may be administered to the person without a request under
par. (a) and without providing information under
par. (b).
30.684(2)(a)(a)
Test facility. Upon the request of a law enforcement officer, a test facility shall administer a chemical test of breath, blood or urine for the purpose of authorized analysis. A test facility shall be prepared to administer 2 of the 3 chemical tests of breath, blood or urine for the purpose of authorized analysis. The department may enter into agreements for the cooperative use of test facilities.
30.684(2)(b)
(b)
Designated chemical test. A test facility shall designate one chemical test of breath, blood or urine which it is prepared to administer first for the purpose of authorized analysis.
30.684(2)(c)
(c)
Additional chemical test. A test facility shall specify one chemical test of breath, blood or urine, other than the test designated under
par. (b), which it is prepared to administer for the purpose of authorized analysis as an additional chemical test.
30.684(2)(d)
(d)
Validity; procedure. A chemical test of blood or urine conducted for the purpose of authorized analysis is valid as provided under
s. 343.305 (6). The duties and responsibilities of the laboratory of hygiene, department of health and family services and department of transportation under
s. 343.305 (6) apply to a chemical test of blood or urine conducted for the purpose of authorized analysis under this section. Blood may be withdrawn from a person arrested for a violation of the intoxicated boating law only by a physician, registered nurse, medical technologist, physician assistant or person acting under the direction of a physician and the person who withdraws the blood, the employer of that person and any hospital where blood is withdrawn have immunity from civil or criminal liability as provided under
s. 895.53.
30.684(2)(e)
(e)
Report. A test facility which administers a chemical test of breath, blood or urine for the purpose of authorized analysis under this section shall prepare a written report which shall include the findings of the chemical test, the identification of the law enforcement officer or the person who requested a chemical test and the identification of the person who provided the sample or submitted to the chemical test. The test facility shall transmit a copy of the report to the law enforcement officer and the person who provided the sample or submitted to the chemical test.
30.684(3)
(3) Additional and optional chemical tests. 30.684(3)(a)(a)
Additional chemical test. If a person is arrested for a violation of the intoxicated boating law or is the operator of a motorboat involved in an accident resulting in great bodily harm to or the death of someone and if the person is requested to provide a sample or to submit to a test under
sub. (1) (a), the person may request the test facility to administer the additional chemical test specified under
sub. (2) (c) or, at his or her own expense, reasonable opportunity to have any qualified person administer a chemical test of his or her breath, blood or urine for the purpose of authorized analysis.
30.684(3)(b)
(b)
Optional test. If a person is arrested for a violation of the intoxicated boating law and if the person is not requested to provide a sample or to submit to a test under
sub. (1) (a), the person may request the test facility to administer a chemical test of his or her breath or, at his or her own expense, reasonable opportunity to have any qualified person administer a chemical test of his or her breath, blood or urine for the purpose of authorized analysis. If a test facility is unable to perform a chemical test of breath, the person may request the test facility to administer the designated chemical test under
sub. (2) (b) or the additional chemical test under
sub. (2) (c).
30.684(3)(c)
(c)
Compliance with request. A test facility shall comply with a request under this subsection to administer any chemical test it is able to perform.
