2024 Watercraft Regulations - 7

2 0 24 WATERCRAFT REGULATIONS
WATERCRAFT HANDLING AND SAFETY HOME STUDY COURSE
Links to online watercraft safety course providers are available on the
Department website. Online providers:
www.boat-ed.com www.boaterexam.com
MOTORBOAT PULLING SKIER TO BE OCCUPIED BY AT LEAST 2
PERSONS; HOURS OF OPERATION; USE OF CARE; EXCEPTIONS
No motorboat which shall have in tow or shall be otherwise assisting a
person on water skis, aquaplane or similar contrivance, shall be operated
or propelled in or upon any water way, unless such motorboat shall
be occupied by at least two (2) persons. Provided, that this subsection
shall not apply to motorboats used by representatives of duly constituted
water ski schools in the giving of instruction, or to motorboats used
in duly authorized water ski tournaments, competitions, expositions or
trials therefore, or to any motorboat equipped with a wide angle rear
view mirror.
No motorboat shall have in tow or shall otherwise be assisting a person
on water skis, aquaplane or similar contrivance from the period
of one (1) hour after sunset to one (1) hour prior to sunrise. Provided,
that this subsection shall not apply to motorboats used in duly authorized
water ski tournaments, competitions, expositions or trials
therefore.
All motorboats having in tow or otherwise assisting a person on water
skis, aquaplane or similar contrivance, shall be operated in a careful and
prudent manner at a reasonable distance from persons and property so
as not to endanger the life or property of any person.
No person shall operate or manipulate any vessel, tow rope or other device
by which the direction or location of water skis, aquaplane or similar
device may be affected or controlled in such away as to cause the water
skis, aquaplane or similar device, or any person there onto collide with
or strike against any person or object, other than a jumping ramp or in
conjunction with skiing over a slalom course.
The person required to be in a motorboat under this section who is not
operating the motorboat shall continuously observe the person being
towed.
OPERATION OF WATERCRAFT BY INTOXICATED OR DRUGGED
PERSON PROHIBITED
a. As used in this section:
i. " Alcohol concentration " means as defined in Wyoming Statute
§ 31-5-233(a)(i);
ii. " Controlled substance " includes:
A. Any drug or substance defined by Wyoming Statute § 35-71002(a)
(iv).
B. Any glue, aerosol or other toxic vapor which when intentionally
inhaled or sniffed results in impairment of an individual's
ability to safely operate a watercraft.
b. No owner of any watercraft or person having charge or control of
a watercraft shall authorize or knowingly permit it to be operated
by any person who is under the influence of alcohol, a controlled
substance or combination there of in violation of subsection(c) of
this section.
c. No person shall operate or be in actual physical control of a watercraft
if the person:
i. To a degree which renders him incapable of safely operating a
watercraft:
A. Is under the influence of alcohol;
B. Is under the influence of a controlled substance; or,
C. Is under the influence of a combination of the elements
named in sub paragraphs (A) and (B) of this paragraph.
ii. Has an alcohol concentration of eight one-hundredths of one
percent (0.08%) or more if the watercraft is a motorboat;
iii. Repealed, 2020.
d. In any criminal prosecution for a violation of this section relating to
operating or being in actual physical control of a watercraft while
under the influence of alcohol, the amount of alcohol in the defendant's
blood at the time alleged as shown by chemical analysis of
the defendant's blood, urine, breath or other bodily substance shall
give rise to the following presumptions:
i. If there was at that time an alcohol concentration of five one-hundredths
of one percent (0.05%) or less, it shall be presumed that
the defendant was not under the influence of alcohol;
ii. If there was at that time an alcohol concentration of more
than five one-hundredths of one percent (0.05%) and less
than eight one- hundredths of one percent (0.08%) if the
watercraft is a motorboat, that fact shall not give rise to any
presumption that the defendant was or was not under the
influence of alcohol, but it may be considered with other
competent evidence in determining the guilt or innocence
of the defendant.
iii. Nothing in subsection (d) of this section shall be construed
as limiting the introduction of any other competent evidence
bearing upon the question of whether or not the
defendant was under the influence of alcohol. The fact
that any person charged with a violation of subsection (c)
of this section is or has been entitled to use the controlled
substance under the laws of this state shall not constitute
a defense against any charge under this section. It is an
affirmative defense to a violation of paragraph (c) (iii) of this
section that the defendant consumed a sufficient quantity
of alcohol after the time of actual operation or physical
control of a watercraft and before the administration of the
evidentiary test to cause the defendant's alcohol concentration
to exceed eight one-hundredths of one percent
(0.08%) if the watercraft is a motorboat, but evidence of
the consumption may not be admitted unless notice is given
to the prosecution pursuant to Rule 12.1 of the Wyoming
Rules of Criminal Procedure.
OPERATION OF WATERCRAFT BY A PERSON UNDER DISABILITY
PROHIBITED
It shall be unlawful for the owner of any watercraft or any person having
such in charge or in control to authorize or knowingly permit the
same to be operated by any person who by reason of physical or mental
disability is incapable of operating such watercraft under the prevailing
circumstances.
OVERLOADING PROHIBITED
No watercraft shall be loaded with passengers or cargo beyond its safe
carrying capacity as stated on the capacity plate affixed to the watercraft
by the manufacturer, taking into consideration weather and other
existing operating conditions. Capacity plates shall not be removed or
altered.
OVERPOWERED WATERCRAFT PROHIBITED; HORSEPOWER RATING
PLATES; MUFFLERS REQUIRED
a. No watercraft shall be equipped with any motor or other propulsion
machinery that has a horsepower rating exceeding the maximum
stated on the capacity plate approved and issued by the United
States Coast Guard and affixed to the watercraft by the manufacturer.
b. Motorboats shall be equipped, maintained and operated to prevent
excessive or unusually loud noise and shall at all times be equipped
with a muffler or shall use another method of noise suppression
in good working order and in constant operation. No person shall
operate or allow the operation of any motorboat equipped with an
altered muffler or muffler cutout, bypass or other device designed
or installed to continually or intermittently bypass or otherwise reduce
or eliminate the effectiveness of any muffler or muffler system.
c. Subsection (b) of this section shall not apply to motorboats competing
in or while on trials of an approved race or regatta nor in areas
designated by the Wyoming Game and Fish Department.
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2024 Watercraft Regulations

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