NR 5.125(2)(b)2. 2. A statement that a representative sample of each model or model group, properly installed on a motorboat on which it is typically used, has been tested in accordance with Society of Automotive Engineers Recommended Practice SAE J34a, dated April, 1977, and meets the requirements of s. 30.62 (2), Stats.

NR 5.125(2)(b)3. 3. The description and model designation of each representative engine and the motorboat on which it was tested.

NR 5.125(2)(c) (c) The department may request additional information from the manufacturer to determine if the engine complies with SAE J34a, dated April, 1977, and s. 30.62 (2), Stats.

NR 5.125(3) (3) 

NR 5.125(3)(a) (a) Manufacturer’s standard. The noise level testing procedures of the Society of Automotive Engineers Recommended Practice Report J34a, dated April, 1977, shall be adhered to by manufacturers when submitting proof of compliance according to s. 30.62 (2) (d), Stats.

NR 5.125(3)(b) (b) Operation standard. Noise level testing procedures J34a, J1970 or J2005 of the Society of Automotive Engineers shall be adhered to by boat operators when requested to submit to one or more of them by officers conducting noise tests on boats operating in the state of Wisconsin.

NR 5.125(4) (4) Cutout mechanisms. No person may operate a boat that is equipped with a muffler cut out, by-pass switch or similar device unless the operator of the boat can demonstrate at the time of inspection that the boat cannot operate contrary to s. 30.62 (2) (b), Stats.

NR 5.125(5) (5) Refusal to allow testing. No operator of any boat may refuse to operate his or her boat in a manner prescribed by the law enforcement officer who reasonably suspects a violation of s. 30.62 (2), Stats.

NR 5.125(6) (6) Exemptions. Any boat being operated for one of the following purposes is exempt from the noise level requirements established for motorboats under s. 30.62 (2) (b), Stats.

NR 5.125(6)(a) (a) A boat being used by an authorized agent of the federal, state or municipal government to carry out his or her official duty of enforcement, search and rescue, fire fighting or research programs.

NR 5.125(6)(b) (b) A boat being used for search and rescue or training for search and rescue operations at the request of a governmental agency, while being used under the direction or control of a governmental agency.

NR 5.125(6)(c) (c) A boat being used by a trapper for the sole purpose of trapping from November 1 thru March 31. This paragraph does not apply after March 31, 2009.

NR 5.125 Note Note: Section 30.62 (2)(b), Stats., states that 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.

NR 5.125 Note Note: Copies of the Society of Automotive Engineers Recommended Practice Report J34a, entitled “Exterior Sound Level Measurement Procedure for Pleasure Motorboats”, dated April, 1977, may be obtained from the Society of Automotive Engineers, Inc., 400 Commonwealth Drive, Warrendale, Pennsylvania 15096 and are also available for inspection at the following offices: The Department of Natural Resources, 101 South Webster, Box 7921, Madison, Wisconsin 53707; the Office of the Secretary of State, Madison, Wisconsin; and the Legislative Reference Bureau, One East Main Street, Madison, Wisconsin.

NR 5.125 History History: Cr. Register, August, 1986, No. 368, eff. 9-1-86; renum. (1) (a) to (d) to be 5.001 (8), (11), (9), (10), Register, July, 1993, No. 451, eff. 8-1-93; cr. (1), (4) and (5), Register, May, 1995, No. 473, eff. 6-1-95; r. and recr. (1) (b), renum. (3) to be (3) (a), cr. (3) (b), am. (4), Register, March, 2000, No. 531, eff. 4-1-00; CR 01-007: r. and recr. (1) (c), Register November 2001 No. 551, eff. 12-1-01; CR 06-039: cr. (1) (d), (e) and (6) Register December 2007 No. 624, eff. 1-1-08; CR 14-048: am. (1) (b) and (c), r. (1) (d) and (e) Register May 2015 No. 713, eff. 6-1-15.

NR 5.13 NR 5.13 Personal flotation and life saving device requirements.

NR 5.13(1) (1) This section applies to all boats that are propelled or controlled by machinery, sails, oars, paddles or poles or another vessel including inflatables, used on waters subject to the jurisdiction of this state except:

NR 5.13(1)(a) (a) Racing shells, rowing sculls, and racing kayaks that are recognized by national or international racing associations for use in competitive racing and one in which all occupants row, scull, or paddle with the exception of a coxswain, if one is provided, and is not designed to carry and does not carry any equipment not solely for competitive racing.

NR 5.13(1)(b) (b) Foreign boats temporarily using waters subject to state jurisdiction.

NR 5.13(1)(c) (c) Military or public boats of the United States, except recreational-type public vessels.

NR 5.13(2) (2) Personal flotation device (pfd) requirements.

NR 5.13(2)(a) (a) No person may operate or use a boat unless all of the following requirements are met:

NR 5.13(2)(a)1. 1. At least one wearable PFD is on board for each person.

NR 5.13(2)(a)2. 2. Each PFD is used in accordance with any requirements on the approved label.

NR 5.13(2)(a)3. 3. Each PFD is used in accordance with any requirements in its owner’s manual, if the approval label makes reference to such a manual.

NR 5.13(2)(b) (b) No person may operate or use a boat 16 feet or more in length, except a canoe or kayak, unless at least one throwable PFD is on board in addition to the total number of wearable PFDs required in par. (a).

NR 5.13(2)(c) (c) No person may operate or use a boat of any size to carry passengers for hire unless at least one wearable PFD is on board for each person and in addition one throwable PFD must be carried on board such recreational vessels which are 26 feet or more in length.

NR 5.13(3) (3) Stowage.

NR 5.13(3)(a) (a) No person may use a boat unless each wearable PFD required by sub. (2) is readily accessible.