30.61(3)(c)
(c) On the starboard side, one lamp showing a green light, and on the port side, one lamp showing a red light, both fitted with inboard screens of sufficient height and so set as to prevent these lights from being seen across the bow. Each such side lamp shall be so constructed as to show an unbroken light over an arc of the horizon of 10 points of the compass and shall be so fixed as to throw the light from directly ahead to 2 points abaft the beam on its respective side.
30.61(4)
(4) Sailboats with motors. Sailboats equipped with motors and being propelled in whole or in part by such motor must comply with
sub. (2) or
(3), whichever is applicable. Whenever such a sailboat is being propelled entirely by sail at any time from sunset to sunrise, it shall have lighted the lamps showing the colored lights specified in
sub. (2) or
(3), but not the lamps showing the white lights, and shall carry ready at hand a lantern or flashlight showing a white light which shall be exhibited in sufficient time to avert collision.
30.61(5)
(5) Sailboats without motors and rowboats. Every boat propelled by muscular power and every sailboat not equipped with a motor, when under way at any time from sunset to sunrise, shall carry ready at hand a lantern or flashlight showing a white light which shall be exhibited in sufficient time to avert collision.
30.61(6)
(6) Certain moored, anchored or drifting boats; other structures. 30.61(6)(a)(a) Except as provided under
par. (b), any moored, anchored or drifting boat or any other fixed and floating structure outside designated mooring areas or beyond 200 feet from the shoreline is required to be lighted from sunset to sunrise by a white light visible all around the horizon.
30.61(6)(b)
(b) This subsection does not require any light to be shone from duck blinds constructed on emergent vegetation.
30.61(7)
(7) Performance specifications for lamps. Every white light prescribed by this section shall be of such character as to be visible at a distance of at least 2 miles on a dark night with clear atmosphere. Every colored light prescribed by this section shall be of such character as to be visible at a distance of at least one mile on a dark night with clear atmosphere.
30.61(8)
(8) Optional lighting requirements. Any boat may carry and exhibit the lights required by the federal regulations for preventing collisions at sea, 1948, federal act of October 11, 1951, (
33 USC 143-147d) as amended, in lieu of the lights required by
subs. (2) and
(3).
30.61(9)
(9) Department to promulgate rules. The department shall promulgate rules modifying or supplementing the lighting requirements of this section as necessary to keep the requirements in conformity with the lighting rules adopted by the U.S. coast guard.
30.61(10)
(10) Operation of personal watercraft. 30.61(10)(a)(a) Notwithstanding
subs. (1),
(2),
(8) and
(9), no person may operate a personal watercraft at any time from sunset to sunrise.
30.61(10)(b)
(b) If a person operates a personal watercraft in violation of
par. (a), the operation shall be subject to additional penalties for any failure to comply with the applicable lighting requirements under
subs. (1),
(2),
(8) and
(9).
30.61 Cross-reference
Cross Reference: See also s.
NR 5.17, Wis. adm. code.
30.62
30.62
Other equipment. 30.62(1)(1)
When equipment required. No person shall operate any boat on the waters of this state unless such boat is equipped as required by this section and the rules of the department promulgated under this section. No owner of a boat shall rent such boat to any other person for use upon the waters of this state unless such boat is equipped at the time of rental as required by this section and the rules of the department promulgated under this section. If such boat is properly equipped at the time of rental for conditions then existing, the responsibility of the owner under this section is met, notwithstanding a subsequent change in the number of passengers or a change in time from daylight to dark.
30.62(2)
(2) Muffler requirement and noise level standards. 30.62(2)(a)(a) Mufflers. The engine of every motorboat propelled by an internal combustion engine and used on the waters of this state shall be equipped and maintained with a muffler, underwater exhaust system or other noise suppression device.
30.62(2)(b)
(b)
Maximum noise levels for operation. No person may operate a motorboat powered by an engine on the waters of this state in such a manner as to exceed a noise level of 86 measured on an "A" weighted decibel scale.
30.62(2)(c)
(c)
Maximum noise levels for sale. No person may sell, resell or offer for sale any motorboat for use on the waters of the state if the motorboat has been so modified that it cannot be operated in such a manner that it will comply with the noise level requirements under
par. (b).
30.62(2)(d)1.1. No person may manufacture and offer for sale any motorboat for use on the waters of this state if the motorboat cannot be operated in such a manner so as to comply with the noise level requirements under
par. (b).
30.62(2)(d)2.
2. The department may promulgate rules establishing testing procedures to determine noise levels for the enforcement of this section.
30.62(2)(d)3.
3. The department may revise these rules as necessary to adjust to advances in technology.
30.62(2)(e)
(e)
Tampering. No person may remove or alter any part of a marine engine, its propulsion unit or its enclosure or modify the mounting of a marine engine on a boat in such a manner as to exceed the noise levels prescribed under
par. (b).
30.62(2)(f)
(f)
Local ordinances. No political subdivision of this state may establish, continue in effect or enforce any ordinance that prescribes noise levels for motorboats or which imposes any requirement for the sale or use of marine engines at prescribed noise levels unless the ordinance is identical to the provisions of this subsection or rules promulgated by the department under this subsection.
30.62(2)(g)
(g)
Exemption for specific uses. This subsection does not apply to any of the following:
30.62(2)(g)1.
1. A motorboat while competing in a race conducted under a permit from a town, village or city or from an authorized agency of the federal government.
30.62(2)(g)2.
2. A motorboat designed and intended solely for racing, while the boat is operated incidentally to the testing or tuning up of the motorboat and engine for the race in an area designated by and operated under a permit specified under
subd. 1.
30.62(2)(g)3.
3. A motorboat on an official trial for a speed record if conducted under a permit from a town, village or city.
30.62(2)(g)4.
4. The operation of a commercial or nonrecreational fishing boat, ferry or other vessel engaged in interstate or international commerce, other than a tugboat.
30.62(2)(h)
(h)
Exemption by rule. The department may promulgate by rule exemptions from compliance with this subsection for certain activities for certain types of motorboats for specific uses and for specific areas of operation.
30.62(2)(i)
(i)
Exemption for certain agents. This subsection does not apply to an authorized agent of the federal, state or municipal government when operating a motor boat necessary to carry out his or her official duty of enforcement, search and rescue, fire fighting or research programs.
30.62(2m)
(2m) Overpowering. No person may sell, equip or operate, and no owner of a boat may allow a person to operate, a boat with any motor or other propulsion machinery beyond its safe power capacity, taking into consideration the type and construction of such watercraft and other existing operating conditions.
30.62(3)
(3) Personal flotation devices. 30.62(3)(a)(a) Every boat, except a sailboard and except as provided in
par. (b), shall carry at least one personal flotation device prescribed by federal regulations for each person on board or being attended by the boat, so placed as to be readily accessible and available to the persons.
30.62(3)(b)
(b) No person may operate a personal watercraft unless each person riding on the personal watercraft is wearing a personal flotation device that is a type I, type II, type III or type V personal flotation device as specified under
33 CFR part 175, subpart B.
30.62(3m)
(3m) Safety devices for personal watercraft. No person may operate a personal watercraft that is equipped by the manufacturer with an engine cutoff switch activated by a lanyard unless the engine cutoff switch is in good working order and the lanyard is attached in the manner prescribed by the manufacturer to the operator or the operator's clothing or personal flotation device. No person may sell a personal watercraft manufactured after January 1, 1993, unless the personal watercraft is equipped by the manufacturer with an engine cutoff switch activated by a lanyard or is equipped by the manufacturer with a self-circling safety feature.
30.62(4)(a)(a) Every motorboat, except outboards of open construction, shall be provided with such number, size and type of fire extinguishers, capable of promptly and effectively extinguishing burning gasoline, as prescribed by rules of the department. Such fire extinguishers shall be at all times kept in condition for immediate and effective use and shall be so placed as to be readily accessible. "Open construction" means construction which will not permit the entrapment of explosive or flammable gases or vapors.
30.62(4)(b)
(b) This subsection does not apply to a motorboat while competing in a race conducted pursuant to a permit from a town, village or city or from an authorized agency of the U.S. government, nor does it apply to a boat designed and intended solely for racing, while the boat is operated incidentally to the tuning up of the boat and engine for the race at the race location on the day of the race.
30.62(5)
(5) Backfire flame arresters. Every boat equipped with an inboard motor using gasoline as a fuel shall have the carburetors of every inboard gasoline motor fitted with an efficient device for arresting backfire flames. The device shall meet the specifications prescribed by federal regulations.
30.62(6)
(6) Bilge, engine and fuel compartment ventilators. Every boat, except open boats, using as fuel any liquid of a volatile nature, shall be provided with an efficient natural or mechanical ventilation system which is capable of removing resulting inflammable or explosive gases.
30.62(8)
(8) Battery cover. Every motorboat equipped with storage batteries shall be provided with suitable supports and secured against shifting with the motion of the boat. Such storage batteries shall be equipped with a nonconductive shielding means to prevent accidental shorting of battery terminals.
30.62(9)
(9) Department may promulgate rules. The department shall promulgate such rules modifying or supplementing the associated equipment requirements of this section as are necessary to keep those requirements in conformity with federal regulations.
30.625
30.625
Rental of personal watercraft. 30.625(1)
(1) No person who is engaged in the rental or leasing of personal watercraft to the public may do any of the following:
30.625(1)(a)
(a) Rent or lease a personal watercraft for operation by a person who will be operating a personal watercraft for the first time and who does not hold a valid certificate issued under
s. 30.74 (1) unless the person engaged in the rental or leasing gives the person instruction on how to operate a personal watercraft.
30.625(1)(b)
(b) Rent or lease a personal watercraft to a person under 16 years of age.
30.625(1)(c)
(c) Rent or lease a personal watercraft without providing the person who will be operating the personal watercraft with a personal flotation device that meets the requirements specified under
s. 30.62 (3) (b).
30.625(2)
(2) The department may promulgate rules to establish minimum standards for the instruction given under
sub. (1) (a).
30.625 History
History: 1991 a. 257.
30.625 Cross-reference
Cross Reference: See also s.
NR 5.16, Wis. adm. code.
30.63
30.63
Sale and use of certain outboard motors restricted. 30.63(1)(1)
Sale. No person may sell any new outboard motor for use in the waters of this state unless such motor is equipped with a crankcase effectively sealed to prevent the drainage of raw fuel into the waters in which the motor is operated.
30.63(2)
(2) Use. Beginning January 1, 1990, no person may operate an outboard motor in the waters of this state unless such motor is equipped with a crankcase effectively sealed to prevent the drainage of raw fuel into the waters in which such motor is operated.
30.63 History
History: 1973 c. 125;
1989 a. 56.
30.635
30.635
Motorboat prohibition. On lakes 50 acres or less having public access, motorboats may not be operated in excess of slow-no-wake speed, except when such lakes serve as thoroughfares between 2 or more navigable lakes. The department by rule may modify or waive the requirements of this section as to particular lakes, if it finds that public safety is not impaired by such modification or waiver.
30.635 History
History: 1973 c. 302; Stats. 1973 s. 30.63;
1973 c. 336; Stats. 1973 s. 30.635.
30.635 Cross-reference
Cross Reference: See also ss.
NR 5.20 and
5.21, Wis. adm. code.
30.64
30.64
Patrol boats. 30.64(1)(1) The operator of a duly authorized patrol boat, when responding to an emergency call or when in pursuit of an actual or suspected violator of the law, need not comply with state law or local ordinances fixing maximum speed limits when a siren is being sounded and if due regard is given to the safety of other persons in the vicinity. If a light is used in conjunction with a siren it shall be the oscillating or flashing type and be fitted with a blue lens.
30.64(2)
(2) Upon the approach of a duly authorized patrol boat giving an audio or visual signal the operator of a boat shall reduce the boat speed to that speed necessary to maintain steerage control and yield the right-of-way to the patrol boat until it has passed.
30.64(3)
(3) No person operating a boat may refuse to stop after being requested or signaled to do so by a law enforcement officer.
30.64 History
History: 1979 c. 275;
1993 a. 167.
30.65
30.65
Traffic rules. 30.65(1)(1)
Meeting; overtaking; right-of-way. Every person operating a boat shall comply with the following traffic rules, except when deviation therefrom is necessary to comply with federal pilot rules while operating on the navigable waters of the United States:
30.65(1)(a)
(a) When 2 motorboats are approaching each other "head and head," or so nearly so as to involve risk of collision, each boat shall bear to the right and pass the other boat on its left side.
30.65(1)(b)
(b) When 2 motorboats are approaching each other obliquely or at right angles, the boat which has the other on her right shall yield the right-of-way to the other. "Right" means from dead ahead, clockwise to 2 points abaft the starboard beam.
30.65(1)(d)
(d) When a motorboat and a boat propelled entirely by sail or muscular power are proceeding in such a direction as to involve risk of collision, the motorboat shall yield the right-of-way to the other boat.
30.65(1)(e)
(e) A boat may overtake and pass another boat on either side if it can be done with safety but the boat doing the overtaking shall yield the right-of-way to the boat being overtaken, notwithstanding any other rule in this section to the contrary.
30.65(1)(f)
(f) A boat granted the right-of-way by this section shall maintain her course and speed, unless to do so would probably result in a collision.
30.65(2)
(2) Additional traffic rules. The department may promulgate such additional traffic rules as it deems necessary in the interest of public safety. Such rules shall conform as nearly as possible to the federal pilot rules.
30.65 History
History: 1985 a. 332 s.
251 (1);
1993 a. 490.
30.66
30.66
Speed restrictions. 30.66(1)(1)
Speed to be reasonable and prudent. No person shall operate a motorboat at a speed greater than is reasonable and prudent under the conditions and having regard for the actual and potential hazards then existing. The speed of a motorboat shall be so controlled as to avoid colliding with any object lawfully in or on the water or with any person, boat or other conveyance in or on the water in compliance with legal requirements and exercising due care.
30.66(2)
(2) Fixed limits. In addition to complying with
sub. (1), no person may operate a motorboat at a speed in excess of the posted notice as established by regulatory markers.
30.66(3)(a)(a) Except under
s. 30.69 (3), no person may operate a motorboat within 100 feet of any dock, raft, pier or buoyed restricted area on any lake at a speed in excess of slow-no-wake speed.
30.66(3)(b)
(b) No person may operate a personal watercraft at a speed in excess of slow-no-wake within 100 feet of any other boat or within 200 feet of the shoreline of any lake. This paragraph does not apply if
s. 30.69 (3) (a),
(c) or
(d) applies to the operation of the personal watercraft.
30.66 Cross-reference
Cross Reference: See also s.
NR 5.001, Wis. adm. code.
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.
