BOATING FEATURED STATUTES
During the summer months a lot of local's and vacationer's attention turns toward water sports and activities on Missouri's waterways. These include boating, swimming, skiing and tubing, and no matter what the activity, following the laws is always the safe and smart thing to do. We will attempt to feature several boating laws during the peak boating months.
Motorboats, regulations as to passenger seating while under way--person in water, flag required, when--slow speed required, when--penalty.
RSMo 306.126 states, 1. The operator of a motorboat shall not allow any person to ride or sit on the gunwales, decking over the bow, railing, top of seat back or decking over the back of the motorboat while under way, unless such person is inboard of adequate guards or railing provided on the motorboat to prevent a passenger from being lost overboard. As used in this section, the term "adequate guards or railing" means guards or railings having a height parameter of at least six inches but not more than eighteen inches. Nothing in this section shall be construed to mean that passengers or other persons aboard a motorboat cannot occupy the decking over the bow of the boat to moor it to a mooring buoy or to cast off from such a buoy, or for any other necessary purpose. The provisions of this section shall not apply to vessels propelled by sail.
2. Whenever any person leaves any watercraft, other than a personal watercraft, on the waters of the Mississippi River, the waters of the Missouri River or the lakes of this state and enters the water between the hours of 11:00 a.m. and sunset, the operator of such watercraft shall display on the watercraft a red or orange flag measuring not less than twelve inches by twelve inches. The provisions of this subsection shall not apply to watercraft that is moored or anchored. The flag required by this subsection shall be visible for three hundred sixty degrees around the horizon when displayed and shall be displayed only when an occupant of the watercraft has left the confines of the watercraft and entered the water. The flag required by this subsection shall not be displayed when the watercraft is engaged in towing any person, but shall be displayed when such person has ceased being towed and has reentered the water.
3. No operator shall knowingly operate any watercraft within fifty yards of a flag required by subsection 2 of this section at a speed in excess of a slow-no wake speed.
As you can see, RSMo 306.126 covers seating requirements and the ski flag law. Subsection (1) covers the seating. Falls overboard are the most common type of fatality boating accident we see. The term "Gunwales" means the sides of the boat. As far as "seat back" riding is concerned, this usually deals with the older model boats where the wind shields didn't continue down the sides of the boat. The manufacturers over the years have mostly eliminated this by continuing the wind shields around the side so even if the operator wanted to sit on the seat back to get a more elevated view there is adequate barrier to keep them in the boat. To sit on a front or back deck or fishing platform of a boat there must be a guard or railing at least 6" all around. The "not more than eighteen inches" means it can be a higher railing but there can't be gaps of more than 18". We receive a lot of inquiries regarding this, especially on smaller boats like jon boats or bass boats.
The ski flag, section (2), many people don't realize only applies between 11:00 a.m. and sunset. It doesn't apply to rivers except for the Missouri and Mississippi Rivers. It is called a ski flag but as the statute states even if you have swimmers outside the boat the flag is supposed to be displayed unless the boat is anchored or tied up. The statute specifies that when pulling a skier/tuber the flag should not be displayed but only put up when the person falls. That part is very confusing for most people because it has changed over the years.
RSMo 306.100.7 states every vessel, except those in class A, shall have on board at least one wearable personal flotation device of type I, II or III for each person on board and each person being towed who is not wearing one. Every such vessel shall also have on board at least one type IV throwable personal flotation device.
8. All class A motorboats and all watercraft traveling on the waters of this state shall have on board at least one type I, II, III or IV personal flotation device for each person on board and each person being towed who is not wearing one.
9. All lifesaving devices required by subsections 7 and 8 of this section shall be United States Coast Guard approved, in serviceable condition and so placed as to be readily accessible.
RSMo 306.142. 1. Further states no person shall operate a personal watercraft unless each person aboard is wearing a type I, type II, type III or type V personal flotation device approved by the United States Coast Guard.
2. A person operating a personal watercraft equipped by the manufacturer with a lanyard-type engine cutoff switch shall attach such lanyard to the person's body, clothing, or personal flotation device as appropriate for the specific vessel.
3. No person under fourteen years of age shall operate a personal watercraft on the waters of this state, except that a person under fourteen years of age may operate a personal watercraft if a person at least sixteen years of age is aboard the personal watercraft.
4. Every personal watercraft shall at all times be operated in a reasonable and prudent manner. Maneuvers which unreasonably or unnecessarily endanger life, limb or property, including, but not limited to, weaving through congested vessel traffic, jumping the wake of another vessel when visibility around such vessel is obstructed, becoming airborne or completely leaving the water while crossing the wake of another vessel within one hundred feet of the vessel creating the wake, operating at a speed in excess of a slow-no wake speed within fifty feet of any vessel or any person in or on the water, and operating at such a speed and proximity to another vessel so as to require the operator to swerve to avoid collision, shall constitute unsafe or reckless operation of a personal watercraft. No person shall operate a personal watercraft on any waters of this state for towing a person or persons on water skis, or a surfboard, or similar device unless there is a person on the personal watercraft, in addition to the operator, or an approved ski mirror attached to the personal watercraft, in a position to observe the progress of the person or persons being towed.
5. No person who owns a personal watercraft or who has charge over or control of a personal watercraft shall authorize or knowingly permit the personal watercraft to be operated in violation of this section, nor shall a parent or guardian authorize or knowingly permit a child of such parent or guardian to operate a personal watercraft in violation of this section.
306.220. Each person under the age of seven who is on board any watercraft which is on the waters of this state shall wear a personal flotation device which is approved by the United States Coast Guard. Any person who allows a person under the age of seven to be on board any watercraft which is on the waters of this state without wearing a personal flotation device shall be deemed guilty of a class C misdemeanor. This section does not apply when the person under
the age of seven is in a part of a watercraft which is fully enclosed, where such enclosure will prevent such person from falling out of or being thrown from the watercraft.
By following these laws and using common sense everyone can have a safe and enjoyable experience on Missouri waterways.