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Current as of January 01, 2024 | Updated by Findlaw Staff
1. An individual may not operate a motorboat or vessel, or manipulate water skis, a surfboard, or similar device in a reckless or negligent manner so as to endanger the life, limb, or property of any individual. Reckless or negligent operation of a motorboat or vessel includes weaving through congested motorboat or vessel traffic, jumping the wake of another motorboat or vessel within one hundred feet [30.48 meters] of the motorboat or vessel, or in any other manner that is not reasonable or prudent.
2. An individual may not operate a motorboat or vessel, or manipulate water skis, a surfboard, or similar device if any of the following apply:
a. The individual has an alcohol concentration of at least ten one-hundredths of one percent by weight at the time of the performance of the test within two hours after the operating of a motorboat or vessel.
b. The individual is under the influence of intoxicating liquor.
c. The individual is under the influence of a drug or substance or combination of drugs or substances to a degree which renders the individual incapable of safely operating a motorboat or vessel.
d. The individual is under the combined influence of alcohol and any other drugs or substances to a degree which renders that person incapable of safely operating a motorboat or vessel.
The fact that an individual charged with violating this section is or has been legally entitled to use alcohol or other drugs or substances is not a defense against a charge for violating this section, unless a drug that predominantly caused impairment was used only as directed or cautioned by a practitioner who legally prescribed or dispensed the drug to the individual.
3. An individual under twelve years of age may not operate a motorboat propelled by over a ten horsepower motor unless the operator is accompanied by an individual eighteen years of age or older. An individual who violates this subsection is guilty of a class 2 noncriminal offense.
4. An individual of twelve through fifteen years of age may not operate a motorboat propelled by over a ten horsepower motor unless the operator is accompanied by an individual eighteen years of age or older or the operator has taken and passed a boating course approved by the department. An individual who violates this subsection is guilty of a class 2 noncriminal offense.
5. An individual may not cause or knowingly permit a minor under sixteen years of age to operate a motorboat propelled by over a ten horsepower motor unless the minor is otherwise authorized to do so by this section.
6. An individual may not operate a motorboat or vessel within one hundred feet [30.48 meters] of a person fishing from a shoreline, swimmer, swimming diving raft, or an occupied, anchored or nonmotorized vessel, or within two hundred fifty feet [76.20 meters] of a reduced speed or slow or no wake sign at greater than slow or no wake speed.
7. An individual may not operate or permit the operation of a personal watercraft:
a. Without each person on board the personal watercraft wearing a United States coast guard approved type I, II, III, or V personal flotation device;
b. Within one hundred feet [30.48 meters] of a person fishing from a shoreline, swimmer, swimming diving raft, or an occupied, anchored or nonmotorized vessel at greater than slow or no wake speed;
c. While towing an individual on water skis, a kneeboard, an inflatable craft, or any other device unless an observer is on board or the personal watercraft is equipped with a mirror on each side which provides the operator an unobstructed field of vision to the rear;
d. Without a lanyard-type engine cutoff switch being attached to the individual, clothing, or personal flotation device of the operator, if the personal watercraft is equipped by the manufacturer with such a device;
e. If a part of the spring-loaded throttle mechanism has been removed, altered, or tampered with so as to interfere with the return-to-idle system;
f. To chase or harass wildlife;
g. Through emergent or floating vegetation at other than slow or no wake speed;
h. In a manner that unreasonably or unnecessarily endangers life, limb, or property, including weaving through congested watercraft traffic, jumping the wake of another watercraft within one hundred feet [30.48 meters] of the other watercraft; or
i. In any other manner that is not reasonable and prudent.
8. An individual who violates subdivision c of subsection 7 is guilty of a class 2 noncriminal offense.
Cite this article: FindLaw.com - North Dakota Century Code Title 20.1. Game, Fish, Predators, and Boating § 20.1-13-07. Prohibited operation--Penalty - last updated January 01, 2024 | https://codes.findlaw.com/nd/title-20-1-game-fish-predators-and-boating/nd-cent-code-sect-20-1-13-07/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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