30.50(11)
(11) “Sailboard" means a sailboat with a hull resembling a surfboard which has little or no cockpit or seating area and which is designed to be sailed by a person in a standing position.
30.50(12)
(12) “Slow-no-wake" means that speed at which a boat moves as slowly as possible while still maintaining steerage control.
30.50(13)
(13) “State of principal use" means the state where the boat is used or is to be used most during the year.
30.50(13d)
(13d) “Temporary operating receipt" means a receipt issued by the department or an agent under
s. 30.52 (1m) (ag) 1. a. that shows that an application and the required fees for a certificate of number or registration have been submitted to the department or an agent appointed under
s. 30.52 (1m) (a) 3.
30.50(13m)
(13m) “Test facility" means a test facility or agency prepared to administer tests under
s. 343.305 (2).
30.50(14)
(14) “Waters of this state" means any waters within the territorial limits of this state, including the Wisconsin portion of boundary waters.
30.50 Annotation
Recreational boating law in Wisconsin. Whipple. 61 MLR 425.
30.50 Annotation
Wisconsin's Boating Rules of the Road. Whipple. Wis. Law. June 2000.
30.501
30.501
Capacity plates on boats. 30.501(1)
(1) Every vessel less than 20 feet in length designed to carry 2 or more persons and to be propelled by machinery as its principal source of power or designed to be propelled by oars shall, if manufactured or offered for sale in this state, have affixed permanently thereto by the manufacturer a capacity plate as required by this section. As used in this section “manufacture" means to construct or assemble a vessel or alter a vessel so as to change its weight capacity.
30.501(2)
(2) A capacity plate shall bear the following information permanently marked thereon so as to be clearly visible and legible from the position designed or normally intended to be occupied by the operator of the vessel when under way:
30.501(2)(a)
(a) For all vessels designed for or represented by the manufacturer as being suitable for use with outboard motor:
30.501(2)(a)1.
1. The total weight of persons, motor, gear and other articles placed aboard which the vessel is capable of carrying with safety under normal conditions.
30.501(2)(a)2.
2. The recommended number of persons commensurate with the weight capacity of the vessel and the presumed weight in pounds of each such person. In no instance shall such presumed weight per person be less than 150 pounds.
30.501(2)(a)3.
3. Clear notice that the information appearing on the capacity plate is applicable under normal conditions and that the weight of the outboard motor and associated equipment is considered to be part of total weight capacity.
30.501(2)(a)4.
4. The maximum horsepower of the motor the vessel is designed or intended to accommodate.
30.501(2)(b)
(b) For all other vessels to which this section applies:
30.501(2)(b)1.
1. The total weight of persons, gear and other articles placed aboard which the vessel is capable of carrying with safety under normal conditions.
30.501(2)(b)2.
2. The recommended number of persons commensurate with the weight capacity of the vessel and the presumed weight in pounds of each such person. In no instance shall such presumed weight per person be less than 150 pounds.
30.501(2)(b)3.
3. Clear notice that the information appearing on the capacity plate is applicable under normal conditions.
30.501(3)
(3) The information relating to maximum capacity required to appear on capacity plates by
sub. (2) shall be determined in accordance with such methods and formulas as are prescribed by rule promulgated by the department. In prescribing such methods and formulas, the department shall be guided by and give due regard to the necessity for uniformity in methods and formulas lawful for use in determining small vessel capacity in the several states and to any methods and formulas which may be recognized or recommended by the U.S. coast guard.
30.501(4)
(4) Any vessel to which this section applies not having a capacity plate, meeting the requirements of law, affixed thereto by the manufacturer thereof may have such affixed by any other person in accordance with such rules as the department promulgates, and may thereafter be offered for sale in this state, but no action taken pursuant to this subsection, or as described herein, shall relieve any manufacturer from liability for failure to comply with this section.
30.501(5)
(5) The information appearing on a capacity plate shall be deemed to warrant that the manufacturer, or the person affixing the capacity plate as permitted by
sub. (4), has correctly and faithfully employed a method and formula for the calculation of maximum weight capacity prescribed by the department and that the information appearing on the capacity plate with respect to maximum weight capacity and recommended number of persons is the result of applying such method and formula, and with respect to information concerning horsepower limitations that such information is not a deliberate or negligent misrepresentation.
30.501(6)
(6) If any vessel required by this section to have a capacity plate affixed thereto is of such design or construction as to make it impracticable or undesirable to affix such plate, the manufacturer, or other person having the responsibility for affixing the plate, may represent such impracticability or undesirability to the department in writing. Upon determination by the department that such representation has merit and that a proper and effective substitute for the capacity plate which will serve the same purpose is feasible, the department may authorize such alternative compliance and such alternative compliance shall thereafter be deemed compliance with the capacity plate requirements of this section.
30.501(7)
(7) The department may by rule exempt from the requirements of this section vessels which it finds to be of such unconventional design or construction that the information required on capacity plates would not assist in promoting safety or is not reasonably obtainable.
30.501(8)
(8) The department may promulgate rules to carry out the purposes of this section, but rules on vessel capacity requirements shall conform with appropriate federal regulations.
30.501(9)
(9) This section applies to vessels manufactured after January 1, 1966 and prior to November 1, 1972. All vessels manufactured after November 1, 1972, shall comply with appropriate federal regulations and the capacity information shall be displayed as required.
30.501 Cross-reference
Cross-reference: See also s.
NR 5.12, Wis. adm. code.
30.505
30.505
Certificate of number system to conform to federal system. The certificate of number system and the issuance of identification numbers employed by the department shall be in conformity with the overall system of identification numbering for boats established by the U.S. government. The department shall promulgate rules as are necessary to bring the state certificate of number system and the issuance of identification numbers into conformity with this federal system.
30.505 History
History: 1983 a. 27 s.
858;
1997 a. 198.
30.51
30.51
Certificate of number and registration; requirements; exemptions. 30.51(1)(a)(a)
Certificate of number. No person may operate, and no owner may give permission for the operation of, any boat on the waters of this state unless the boat is covered by a certificate of number issued under this chapter or is exempt from the certificate of number requirements of this chapter.
30.51(1)(b)
(b)
Registration. No person may operate, and no owner may give permission for the operation of, any boat on the waters of this state unless the boat is covered by a registration issued under this chapter or is exempt from the registration requirements of this chapter.
30.51(2)(a)(a)
Exemptions from both certificate of number and registration requirements. A boat is exempt from both the certificate of number and the registration requirements of this chapter if it is:
30.51(2)(a)2.
2. A nonmotorized boat which is a sailboat but which either is 12 feet in length or less or is a sailboard.
30.51(2)(a)3.
3. Covered by a valid certificate of number issued under federal law or a federally approved numbering system of another state, with the identification number properly displayed on each side of the forward half, but this exemption does not apply if the boat has been within this state for a period in excess of 60 consecutive days or if this state is the state of principal use of the boat.
30.51(2)(a)3m.
3m. Covered by a valid certificate of number issued under a federally approved numbering system under a registration program established by a federally recognized American Indian tribe or band, if all of the following apply:
30.51(2)(a)3m.a.
a. The registration program of the tribe or band is covered by an agreement under
s. 23.35.
30.51(2)(a)3m.b.
b. The boat displays the identification number required by the tribe or band on each side of the forward half.
30.51(2)(a)3m.c.
c. The boat has not been, for more than 60 consecutive days, in that portion of this state that is outside the boundaries of the reservation where it is registered.
30.51(2)(a)3m.d.
d. The area of this state that is outside of the reservation where it is registered is not the area in which the boat is used or will be used most during the year.
30.51(2)(a)4.
4. Operated within a period of 60 days after application for a certificate of number has been made and the required fee has been paid, if proof of application is carried on board.
30.51(2)(a)5.
5. From a country other than the United States temporarily using the waters of this state.
30.51(2)(a)6.
6. A military or public boat of the United States, except recreational-type public vessels.
30.51(2)(a)7.
7. A boat whose owner is a state or subdivision of a state, which is used principally for governmental purposes, and which is clearly identifiable.
30.51(2)(a)9.
9. Present in this state, for a period of not to exceed 10 days, for the express purpose of competing in a race conducted under a permit from a municipality or an authorized agency of the U.S. government.
30.51(2)(b)
(b)
Exemption from certificate of number requirements. A boat is exempt from the certificate of number requirements of this chapter if it is a federally documented vessel.
30.51(2)(c)
(c)
Exemption from registration requirements. A boat is exempt from the registration requirements of this chapter if it is:
30.51(2)(c)1.
1. Covered by a certificate of number issued under this chapter.
30.51(2)(c)2.
2. A federally documented vessel which is a commercial fishing boat operated under a license issued under
s. 29.519.
30.51(2)(c)3.
3. A federally documented vessel with a home port located outside this state. This exemption does not apply if the boat has been within this state for a period in excess of 60 consecutive days or if this state is the state of principal use of the boat.
30.51(2)(c)4.
4. Operated within 60 days after an application for registration is made and the required fee is paid if proof of the application for registration is carried on board the boat.
30.51 Annotation
The state has jurisdiction to enforce this section over tribal members operating motorboats on non-reservation waters. Enforcement does not conflict with members' treaty rights or federal law and is not discriminatory. State v. Big John,
146 Wis. 2d 741,
432 N.W.2d 576 (1988).
30.52
30.52
Certificate of number and registration; application; certification and registration period; fees; issuance. 30.52(1)(1)
Issuance of certificates and registrations. 30.52(1)(a)1.1. Any person who owns a boat required to be covered by a certificate of number shall apply to the department for a certificate of number.
30.52(1)(a)3.
3. If a boat otherwise subject to the certificate of number requirements of this chapter is covered by a valid certificate of number issued under federal law or the federally approved numbering system of another state and is used in this state in excess of 60 consecutive days or if this state becomes the state of principal use, the owner of the boat shall immediately apply to the department for a certificate of number.
30.52(1)(b)1.1. Any person who owns a boat required to be registered under this chapter shall apply to the department for registration.
30.52(1)(b)1m.
1m. Any person who owns a nonmotorized boat that is exempt from the certificate of number and the registration requirement under
s. 30.51 (2) (a) 1. or
2. may apply to the department for registration.
30.52(1)(b)1r.
1r. A person applying for registration of a federally documented vessel shall submit as part of the application a photocopy of the front and back of the federal certificate of documentation for the vessel, which must be current at the time of applying for registration.
30.52(1)(b)2.
2. If a federally documented vessel with a home port located outside this state is used in this state in excess of 60 consecutive days or if this state becomes the state of principal use, the owner of the boat shall immediately apply to the department for registration.
30.52(1)(c)
(c)
Application for duplicate. If a certificate of number card, a registration card, a certification decal or registration decal is lost or destroyed the owner of a boat may apply for a duplicate.
30.52(1m)(a)(a)
Issuers. For the issuance of original or duplicate certification or registration documents, for the issuance of reprints under
s. 23.47, and for the transfer or renewal of certification or registration documents, the department may do any of the following:
30.52(1m)(a)1.
1. Directly issue, transfer, or renew certification or registration documents with or without using the expedited service under
par. (ag) 1. and directly issue reprints.
30.52(1m)(a)3.
3. Appoint persons who are not employees of the department as agents of the department to issue, transfer, or renew certification or registration documents using the service under
par. (ag) 1. and to issue reprints.
30.52(1m)(ag)1.1. For the issuance of original or duplicate certification or registration documents and for the transfer or renewal of certification or registration documents, the department shall implement either or both of the following procedures to be provided by the department and any agents appointed under
par. (a) 3.:
30.52(1m)(ag)1.a.
a. A procedure under which the department or an agent appointed under
par. (a) 3. accepts applications for certification or registration documents and issues temporary operating receipts at the time applicants submit applications accompanied by the required fees.
30.52(1m)(ag)1.b.
b. A procedure under which the department or an agent appointed under
par. (a) 3. accepts applications for certification or registration documents and issues to each applicant all or some of the certification or registration documents at the time the applicant submits the application accompanied by the required fees.
30.52(1m)(ag)2.
2. Under either procedure under
subd. 1., the applicant shall be issued any remaining certification or registration documents directly from the department at a later date. Any certification or registration document issued under
subd. 1. b. shall be sufficient to allow the boat for which the application is submitted to be operated in compliance with the registration requirements under this section and
ss. 30.51 and
30.523.
30.52(1m)(ar)
(ar)
Supplemental fees. In addition to the applicable fee under
sub. (3), each agent appointed under
par. (a) 3. who accepts an application to renew certification or registration documents in person shall collect an issuing fee of 50 cents and a transaction fee of 50 cents each time the agent issues renewal certification or registration documents or a renewal temporary operating receipt under
par. (ag) 1. or
2. The agent shall retain the entire amount of each issuance and transaction fee the agent collects.
30.52(1m)(e)
(e)
Receipt of fees. All fees remitted to or collected by the department under
par. (ar) shall be credited to the appropriation account under
s. 20.370 (9) (hu).
30.52(1m)(f)1.1. A dealer in boats who assists a customer in applying for a certification of number or registration without using the procedure specified in
par. (ag) 1., may charge the customer a reasonable fee for providing this assistance.
