America’s Boating Course 3rd Edition Indiana State & Local Regulations Chapter 2 Section 8 Chapter 2 Section 8 State & Local Regulations Know Indiana Administrative Code, Title 312 Natural Resources Commission, Article 5 – Boating on Public Waters of Indiana. The USCG booklet, A BOATER’S GUIDE TO THE FEDERAL REQUIREMENTS FOR RECREATIONAL BOATERS, AND SAFETY TIPS and the HANDBOOK OF INDIANA BOATING LAWS AND RESPONSIBILITIES complement recreational boating information in your ABC3 Student Manual. These two handbooks should be presented to every student for their reference in class and while boating in Indiana. By the end of this section the student will be able to state the differences in Indiana from the Federal Rules and Regulations, and know you must comply with Indiana laws while boating in Indiana. Point out the differences to the student. Inform them that the more stringent regulation prevails. Additional Indiana Code references – Equipment: Section 14-15-2-1 Unlawful operation without proper equipmentSection 14-15-2-2 Bilge ventilatorsSection 14-15-2-3 Carburetor backfire arrest deviceSection 14-15-2-4 Mufflers; underwater exhaustSection 14-15-2-6 Personal flotation devicesSection 14-15-2-7 Holding tanks; sewage disposalSection 14-15-2-8 LitteringSection 14-15-2-9 Gas or flammable liquidsSection 14-15-2-10 LightsSection 14-15-2-11 White light aftSection 14-15-2-12 Combination starboard and port lightsSection 14-15-2-13 Hand lanterns or flashlightsSection 14-15-2-14 Pontoon boat lightsSection 14-15-2-15 Violations - See more at: http://codes.lp.findlaw.com/incode/14/15/2#sthash.I1Kr1jpP.dpuf Section 14-15-3-1 "Small lake" definedSection 14-15-3-2 Unlawful operation prohibitedSection 14-15-3-3 Careful and prudent operationSection 14-15-3-4 RepealedSection 14-15-3-5 Operation of unsafe boats prohibitedSection 14-15-3-6 Dangerous operation prohibitedSection 14-15-3-7 SpeedingSection 14-15-3-8 Night speed limitSection 14-15-3-9 Restrictions on operation on boundary lakesSection 14-15-3-10 Small lakes; speed limitSection 14-15-3-12 Small lakes; rescission or amendment of exemption from speed limitSection 14-15-3-12.5 Effect of certain exemptions to motorboat speed limitsSection 14-15-3-13 Exemption from boat speed limitsSection 14-15-3-14 Traffic rulesSection 14-15-3-15 Hazardous wake or wash prohibitedSection 14-15-3-17 Minimum distance from shore linesSection 14-15-3-18 Adoption of rules regarding state or federally financed lakes and reservoirsSection 14-15-3-19 Applicability of chapter to towed persons or objectsSection 14-15-3-20 Towing of persons or objectsSection 14-15-3-21 Unnecessary sounding of whistle or hornSection 14-15-3-22 SirensSection 14-15-3-23 Load beyond safe carrying capacitySection 14-15-3-24 Occupants on gunwales or bow decking prohibitedSection 14-15-3-25 Mooring to or tampering with navigational aidsSection 14-15-3-26 Anchoring so as to interfere with trafficSection 14-15-3-27 Boat racesSection 14-15-3-28 Permitting unlawful operationSection 14-15-3-29 Unauthorized possession or operationSection 14-15-3-31 Violations - See more at: http://codes.lp.findlaw.com/incode/14/15/3#sthash.H22337mr.dpuf

Ready References Continued education is a mark of a good boater The ABC3 Student Manual and handbooks provided in this course will serve you well as refresher and as ready reference Stay abreast of Federal and Indiana laws by visiting www.in.gov/dnr The publication provides a reasonably comprehensive compilation of laws that might impact the recreational or pleasure boater on Lake Michigan. The compilation is lengthy. As with your Student Manual, ABC3, and the handbook on Federal Regulations, coverage includes inland boating and open water boating in Lake Michigan with the associated differences in boats. There are two major reasons: First, both federal and state laws apply. Lake Michigan is part of the Great Lakes, the world's greatest international freshwater system. This publication reflects its international character with the presence of the U.S. Coast Guard. Indiana state laws also govern the lake. Second, the diversity of boats and the dangers presented by the open waters of Lake Michigan make safety regulations diverse and demanding. There are differing regulations for vessels of different size, for motorboats, for personal watercraft, and for sailboats Only electric motors may be used on state-owned, leased or licensed lakes smaller than 300 acres. No more than two 12-volt batteries can be used to power trolling motors in these waters.

Boat Registration - DMV Required for - Any motorboat boat in Indiana PWC Motorized sailboat Exempt if - Registered in another state, and visiting less than 60 days Temp for foreign Lifeboat No-motor sail 312 IAC 5-2-21 "Motorboat" defined Authority: IC 14-10-2-4; IC 14-11-2-1; IC 14-15-7-3 Affected: IC 14 Sec. 21. "Motorboat" means a boat propelled by an internal combustion, steam, or electrical inboard or outboard motor or engine or by any mechanical means, including sailboats that are equipped with any such motor or engine when in operation (whether or not the sails are hoisted). (Natural Resources Commission; 312 IAC 5-2-21; filed Mar 23, 2001, 2:50 p.m.: 24 IR 2366, eff Jan 1, 2002; readopted filed May 29, 2008, 1:53 p.m.: 20080625-IR-312080057RFA; errata filed Jun 2, 2009, 10:29 a.m.: 20090624-IR-312090386ACA; readopted filed Jul 17, 2014, 3:46 p.m.: 20140813-IR-312140067RFA) Registered boats are also to be titled in Indiana All motorboats used in public waters must be registered. For a copy of Indiana boating laws, write to DNR Division of Law Enforcement, 402 W. Washington St., Room W255D, Indianapolis, IN, 46204. Certificate required onboard when boat is operated

Display the Registration Number Renewed annually Validated by new excise tax decal placed after registration number Two decals issued with excise tax payment Number and decal on port and starboard 3” block letters No other numbers displayed on either bow Certificate of title needed Both the vessel registration number and the hull identification numbers must be clearly displayed on the vessel, according to Indiana requirements. Two-inch spacing between IN and 4-diget number then suffix letters, visible for at least 100 feet. Commercial vessels of five tons or 30 feet in length must be registered with the USCG is the owner so wishes. Vessels that have not been used in Indiana waters for at lest 60 days do not have to be registered. The owner has to complete a storage affidavit instead. Rule 12.5. Boat Excise Tax 312 IAC 5-12.5-1 Excise tax decals Authority: IC 6-6-11-24 Affected: IC 6-6-11 Sec. 1. If both excise tax decals that are required by IC 6-6-11-24(2) would not be clearly visible when a sailboat is underway, the taxpayer may display the decals on the mast or boom if the decals are clearly visible in both directions. (Natural Resources Commission; 312 IAC 5-12.5-1; filed Jul 22, 2004, 10:10 a.m.: 27 IR 3885; readopted filed May 29, 2008, 1:53 p.m.: 20080625-IR- 312080057RFA; readopted filed Jul 17, 2014, 3:46 p.m.: 20140813-IR-312140067RFA) 2” space or dash Excise tax validation decal

Boater Education Card Motorboat or PWC operators must have valid driver’s license Operators 15 Years old may operate until becoming licensed driver ONLY IF issued Boater Education Card If required to carry Boater Education Card, have aboard No one under 15 years of age may legally operate a motorboat greater than 10 horsepower or a PWC. IC 14-15-11-9 - Section 9 License Requirements (a) Except as provided in subsections (b) and (c), an individual may not operate a motorboat on public waters unless the individual holds a valid driver's license. (b) An individual who is at least fifteen (15) years of age and who does not hold a valid driver's license may operate a motorboat on public waters if the individual: (1) has been issued an identification card by the bureau under IC 9-24-16; and (2) has successfully completed a boating education course approved by the department for the purposes of this chapter. (c) An individual who: (1) is at least twenty-one (21) years of age; and (2) does not hold: (A) a valid driver's license; or (B) a driver's license that is suspended or revoked; may operate a motorboat on public waters if the individual is issued an identification card by the bureau under IC 9-24-16 before January 1, 1996. As added by P.L.57-1995, SEC.8. - See more at: http://codes.lp.findlaw.com/incode/14/15/11/14-15-11-9#sthash.EOZZ27Pj.dpuf (a) Except as provided in section 11 of this chapter, an individual who knowingly or intentionally operates a motorboat on public waters in violation of section 9 of this chapter commits a Class C infraction. (b) In a proceeding to enforce this section, the burden is on the defendant to prove by a preponderance of the evidence that, at the time of the alleged offense, the defendant held a valid driver's license or identification card. As added by P.L.57-1995, SEC.8. - See more at: http://codes.lp.findlaw.com/incode/14/15/11/14-15-11-10#sthash.A6yPAOj3.dpuf

Unlawful Operations Personal Watercraft No endangering persons or property of another person Operate in reasonable and prudent manner No weaving through congested watercraft No following towed water sport participants No jumping of wake that endangers others No cutting between tow boat and towed persons No crossing path of other boat when visibility obstructed No “chicken” maneuvers Sec 6. A person may not operate a boat in a manner that does any of the following: (1) Unnecessarily endangers the person or property of another person. (2) Unnecessarily interferes with the safe and lawful use of public waters by another person. (3) Unnecessarily interferes with or obstructs a special event sanctioned or otherwise legally permitted by the department, another state, or the United States. As added by P.L.1-1995, SEC.8. Sec. 10. (a) A personal watercraft operated on public waters must at all times be operated in a reasonable and prudent manner. (b) A person shall not operate a personal watercraft on public waters in a way that endangers human life, human physical safety, or property. (c) A person shall not do any of the following while operating a personal watercraft on public waters: (1) Weave through congested watercraft traffic in a way that endangers human life, human physical safety, or property. (2) Follow a watercraft that is towing an individual on: (A) water skis; (B) a surf board; or (C) another water sport device; in a way that endangers human life, human physical safety, or property. (3) Jump the wake of another watercraft in a way that endangers human life, human physical safety, or property. (4) Cut between a boat and the individual or individuals being towed by the boat. (5) Cross paths with another watercraft when visibility around the other watercraft is so obstructed as to endanger human life, human physical safety, or property. (6) Steer a personal watercraft toward an object or individual in the water and turn sharply at close range in a way that endangers human life, human physical safety, or property (Chicken Maneuvers). As added by P.L.57-1995, SEC.9

Unlawful Operations Speed that endanger human life, safety or property Speed the prevents stopping within assured distance ahead Failure to obey regulatory marks –idle speed/no-wake Operating a boat at speeds more than 10 miles per hour between sunset and sunrise Interfering with safe and lawful use of public waters Obstructing a sanctioned special event Creating wake that endangers others Circling boats fishing or swimmers Bow and gunnel riding on boats less than 21 feet Operate within 200 feet of shore at greater than idle speed Operate within 150 feet of diver-down flag Subject to section 9 of this chapter, a person may not operate a boat during the period between sunset and sunrise at a speed greater than ten (10) miles per hour - See more at: http://codes.lp.findlaw.com/incode/14/15/3/14-15-3-8#sthash.UIhZOWGg.dpuf IC 14-15-3-15 A person operating a motorboat may not approach or pass another boat: (1) in such a manner; or (2) at such a rate of speed; as to create a hazardous wake or wash. As added by P.L.1-1995, SEC.8. IC 14-15-3-16 Circular operation of motorboats around fishers or swimmers prohibited Sec. 16. A person may not operate a motorboat in a circular course around any of the following: (1) Another boat with an occupant engaged in fishing. (2) A person swimming. As added by P.L.1-1995, SEC.8. - See more at: http://codes.lp.findlaw.com/incode/14/15/3/14-15-3-15#sthash.UBruBu4X.dpuf (a) A person operating a motorboat may not permit an occupant to sit, stand, or lie on the gunwales. (b) A person operating a motorboat less than twenty-one (21) feet in length may not permit an occupant to sit, stand, or lie on the bow decking of the motorboat, except for any of the following purposes: (1) Anchoring. (2) Mooring. (3) Casting off. (4) Other necessary purpose. As added by P.L.1-1995, SEC.8 - See more at: http://codes.lp.findlaw.com/incode/14/15/3/14-15-3-24#sthash.wAiFnv18.dpuf (a) A person operating a motorboat may not approach or pass within two hundred (200) feet of the shore line of a lake or channel of the lake at a place or point where the lake or channel is at least five hundred (500) feet in width, except for the purpose of trolling or for the purpose of approaching or leaving a dock, pier, or wharf or the shore of the lake or channel. (b) Except as provided in subsection (c), a person operating a motorboat may not approach or pass within two hundred (200) feet of the shore line of a lake or channel of the lake at a speed greater than idle speed. (c) This subsection applies to lakes formed by hydroelectric dams in a county having a population of: (1) more than twenty-five thousand (25,000) but less than twenty-five thousand five hundred (25,500); or (2) more than twenty thousand (20,000) but less than twenty thousand three hundred (20,300). A person operating a motorboat may not approach or pass within fifty (50) feet of the shore line at a speed greater than idle speed. However, on tributaries of lakes described in this subsection that are formed by hydroelectric dams, a person operating a motor boat may not approach or pass within two hundred (200) feet of the shore line of the tributary at a speed greater than idle speed. For the purposes of this chapter, tributaries on lakes formed by hydroelectric dams do not include the principal body of water flowing into the lakes. As added by P.L.1-1995, SEC.8. Amended by P.L.38-2000, SEC.3; P.L.170-2002, SEC.93. - See more at: http://codes.lp.findlaw.com/incode/14/15/3/14-15-3-17#sthash.FoA1fA5W.dpuf

Alcohol and Drugs Intoxicated is under the influence of alcohol or a controlled substance, or drugs or any combination of this items Alcohol concentration of 0.08 grams one hundred milliliters of persons blood or greater is intoxicated Indiana is an “Implied Consent” state Refusal to submit to test can lead to arrest Repeat offender may have committed a class D felony As used in this chapter, "intoxicated" means under the influence of: (1) alcohol; (2) a controlled substance; (3) any drug (as defined in IC 9-13-2-49.1) other than alcohol or a controlled substance; or (4) any combination of alcohol, controlled substances, or drugs; so that there is an impaired condition of thought and action and the loss of normal control of an individual's faculties. As added by P.L.1-1995, SEC.8. Amended by P.L.33-1997, SEC.16; P.L.69-2009, SEC.4. - See more at: http://codes.lp.findlaw.com/incode/14/15/8/14-15-8-3#sthash.uFPlNTo1.dpuf IC 14-15-8-8 (a) Except as provided in subsections (b) and (c), a person who operates a motorboat: (1) with an alcohol concentration equivalent (as defined in IC 9-13-2-2.4) to at least eight-hundredths (0.08) gram of alcohol per: (A) one hundred (100) milliliters of the person's blood; or (B) two hundred ten (210) liters of the person's breath; or (2) while intoxicated; commits a Class C misdemeanor. (b) The offense is a Class D felony if: (1) the person has a previous conviction under: (A) IC 14-1-5 (repealed); or (B) this chapter; or (2) the offense results in serious bodily injury to another person. (c) The offense is a Class C felony if the offense results in the death of another person. As added by P.L.1-1995, SEC.8. Amended by P.L.33-1997, SEC.19; P.L.1-2000, SEC.17; P.L.175-2001, SEC.16. - See more at: http://codes.lp.findlaw.com/incode/14/15/8/14-15-8-8#sthash.t7aoWepP.dpuf A person who operates a motorboat in water over which Indiana has jurisdiction impliedly consents to submit to the chemical test provisions of this chapter as a condition of operating a motorboat in Indiana. If a person refuses to submit to a chemical test under this chapter, the court shall order the person to not operate a motorboat for at least one (1) year. As added by P.L.1-1995, SEC.8. - See more at: http://codes.lp.findlaw.com/incode/14/15/8/14-15-8-11#sthash.66CWNKps.dpuf (c) A person who refuses to submit to a chemical test may be arrested for an offense under this chapter. (d) At a proceeding under this chapter, a person's refusal to submit to a chemical test is admissible into evidence. As added by P.L.1-1995, SEC.8. - See more at: http://codes.lp.findlaw.com/incode/14/15/8/14-15-8-13#sthash.5aYgcyGC.dpuf

Wear It Indiana WEAR IT INDIANA is a public outreach campaign designed to enlighten and encourage the use of personal flotation devices (life jackets) while boaters and swimmers are enjoying Indiana waterways. Indiana DNR’s Law Enforcement Division is partnering with the National Safe Boating Council, United States Coast Guard and private industry to reach a mass audience. As a part of the campaign, Indiana Conservation Officers will visit popular boat ramps and engage boaters as they launch and recover watercraft. By educating the public, WEAR IT INDIANA’s goal is to reduce or eliminate the loss of life from drowning in the Hoosier state. A U.S. Coast Guard approved wearable personal flotation device (Type I, II, III, or V) is required for each person on any boat. Boats 16 feet and longer, except for canoes or kayaks, must also have one USCG-approved throwable PFD on board. Lake Michigan and the Ohio River and boundary waters of the Wabash River have special PFD regulations. Call the USCG at (219) 879-8371 for Lake Michigan, (502) 779-5400 for southern Indiana, or see uscgboating.org for a copy of federal boating regulations.

Life Jacket Laws A USCG approved wearable personal floatation device (PFD) correctly sized and in serviceable condition is required on board for every person Boats 16 feet and longer must additionally carry a USCG approved throwable device Persons being towed by a PWC and those operating personal water craft MUST wear the PFD PFDs with water impact ratings are suggested for high speed watersports such as operating PWC and being towed IC 14-15-2-Sec. 6. (a) This section does not apply to the following: (1) A sailboard or windsurfing board. (2) A manually propelled boat, such as a racing shell, rowing scull, or racing kayak: (A) that is recognized by national or international racing associations for use in competitive racing; (B) in which all occupants row, scull, or paddle, with the exception of a coxswain if a coxswain is provided; and (C) that is designed to carry and carries equipment only for competitive racing. (b) All boats must be equipped with the number and type of personal flotation devices listed in this subsection. A person may not operate a boat unless the boat contains: (1) for each person on board, one (1) personal flotation device that meets the requirements for designation by the United States Coast Guard as a Type I, Type II, Type III, or Type V personal flotation device; and (2) for a boat, except a canoe or kayak, at least sixteen (16) feet in length and in addition to the requirements of subdivision (1), one (1) personal flotation device that meets the requirements for designation by the United States Coast Guard as a Type IV personal flotation device. (c) The director may waive the requirements of this section for a boat during competition in a boat race for which a permit has been issued by the department if the following conditions are met: (1) The sponsor of the boat race has informed the director of the precautions the sponsor will take to minimize the safety hazards that exist due to noncompliance with the requirements of this section. (2) The sponsor files with the director a document under which the sponsor assumes all liability that may result from the use of a boat under the waiver. As added by P.L.1-1995, SEC.8. Amended by P.L.38-2000, SEC.2; P.L.24-2001, SEC.1.

Concurrent Jurisdiction Unique to state’s contiguous rivers and Great Lakes "Waters of concurrent jurisdiction - State and USCG" refers to the following waters within Indiana: Lake Michigan Ohio River Wabash River where it forms the boundary between Indiana and Illinois Great Miami River Federal and state rules apply for: Children under 13 must wear lifejackets Firefighting equipment / VDS required Sound signals – whistle and bell over 12 meters Water skiing rules on Ohio River 312 IAC 5-2-47 "Waters of concurrent jurisdiction" defined Authority: IC 14-10-2-4; IC 14-11-2-1; IC 14-15-7-3 Affected: IC 14 Sec. 47. "Waters of concurrent jurisdiction" refers to the following waters within Indiana: (1) Lake Michigan. (2) Ohio River. (3) Wabash River where it forms the boundary between Indiana and Illinois. (4) Great Miami River. (Natural Resources Commission; 312 IAC 5-2-47; filed Mar 23, 2001, 2:50 p.m.: 24 IR 2368, eff Jan 1, 2002; filed Jul 23, 2003, 10:15 a.m.: 26 IR 3868; readopted filed May 29, 2008, 1:53 p.m.: 20080625-IR-312080057RFA; readopted filed Jul 17, 2014, 3:46 p.m.: 20140813-IR-312140067RFA) Rule 13. Equipment and Operational Standards on Waters of Concurrent Jurisdiction 312 IAC 5-13-1 Modification of equipment and operational standards on waters of concurrent jurisdiction; applicability Authority: IC 14-10-2-4; IC 14-15-7-5 Affected: IC 14-15 Sec. 1. This rule varies the equipment and operational standards specified in IC 14-15 for waters of concurrent jurisdiction. (Natural Resources Commission; 312 IAC 5-13-1; filed Mar 23, 2001, 2:50 p.m.: 24 IR 2388, eff Jan 1, 2002; readopted filed May 29, 2008, 1:53 p.m.: 20080625-IR-312080057RFA; readopted filed Jul 17, 2014, 3:46 p.m.: 20140813-IR-312140067RFA) 312 IAC 5-13-2 Children wearing personal flotation devices on waters of concurrent jurisdiction Sec. 2. A person must not use a recreational boat on waters of concurrent jurisdiction unless each child onboard under thirteen (13) years of age is wearing an appropriate personal flotation device approved by the United States Coast Guard except where: (1) the child is below deck; (2) the child is in an enclosed cabin; or (3) the boat is docked or at anchor. (Natural Resources Commission; 312 IAC 5-13-2; filed Mar 23, 2001, 2:50 p.m.: 24 IR 2388, eff Jan 1, 2002; filed Jul 23, 2003, 10:15 a.m.: 26 IR 3869; readopted filed May 29, 2008, 1:53 p.m.: 20080625-IR-312080057RFA; errata filed Jun 2, 2009, 10:29 a.m.: 20090624-IR-312090386ACA; readopted filed Jul 17, 2014, 3:46 p.m.: 20140813-IR-312140067RFA) 312 IAC 5-13-3 Firefighting equipment used on waters of concurrent jurisdiction Sec. 3. (a) A person must not use a motorboat less than twenty-six (26) feet long unless at least one (1) B-1 hand portable fire extinguisher (no fixed system) is maintained in the machinery space. This subsection does not apply if the motorboat is as follows: (1) Propelled by outboard motors. (2) Not carrying passengers for hire. (3) Constructed so explosive or flammable gases or vapors cannot be entrapped. (b) A person must not use a motorboat at least twenty-six (26) feet long, but less than forty (40) feet long, unless at least two (2) B-1 hand portable fire extinguishers (no fixed system) and one (1) B-1 hand portable fire extinguisher (fixed system) are maintained in the machinery space. (c) A person must not use a motorboat at least forty (40) feet long, but less than sixty-five (65) feet long, unless at least three (3) B-1 hand portable fire extinguishers (no fixed system) and two (2) B-1 hand portable fire extinguishers (fixed system) are (d) Where two (2) B-1 hand portable fire extinguishers are required under subsection (b) or (c), one (1) B-2 hand portable fire extinguisher may be substituted. (Natural Resources Commission; 312 IAC 5-13-3; filed Mar 23, 2001, 2:50 p.m.: 24 IR 2388, eff Jan 1, 2002; readopted filed May 29, 2008, 1:53 p.m.: 20080625-IR-312080057RFA; readopted filed Jul 17, 2014, 3:46 p.m.: 20140813-IR-312140067RFA) 312 IAC 5-13-4 Whistles, bells, and gongs on waters of concurrent jurisdiction Affected: IC 14-15-3-21 Sec. 4. (a) A boat less than twelve (12) meters long must be provided with a means for making an efficient sound signal. (b) A boat at least twelve (12) meters long shall be provided with a whistle and a bell. (c) A bell required under this section may be substituted by other equipment with the same sound characteristics if manual sounding is impracticable. (Natural Resources Commission; 312 IAC 5-13-4; filed Mar 23, 2001, 2:50 p.m.: 24 IR 2389, eff Jan 1, 2002; readopted filed May 29, 2008, 1:53 p.m.: 20080625-IR-312080057RFA; errata filed Jun 2, 2009, 10:29 a.m.: 20090624- IR-312090386ACA; readopted filed Jul 17, 2014, 3:46 p.m.: 20140813-IR-312140067RFA) 312 IAC 5-13-5 Water skiing on the Ohio River Authority: IC 14-11-2-1; IC 14-15-7-5 Affected: IC 14-15-3-8; IC 14-15-3-20 Sec. 5. (a) The following requirements apply to the portions of the Ohio River on which Indiana and Kentucky have concurrent jurisdiction: (1) A person must not operate a boat while towing or otherwise assisting the propulsion of a person on water skis, a water sled, a surfboard, a kite, or a similar device during the period from one (1) hour after sunset to one (1) hour before sunrise. A person must not manipulate any of the devices described in this subdivision on the water from one (1) hour after sunset to one (1) hour before sunrise. (2) A person being towed on water skis, a surfboard, a kite, or a similar device must wear a Type I personal flotation device, a Type II personal flotation device, or a Type III personal flotation device. (3) A person operating a boat which is towing a person on water skis, a surfboard, or a similar device must have on-board either of the following: (A) In addition to the operator, a person at least twelve (12) years of age to act as an observer. (B) A rear view mirror with at least a one hundred sixty (160) degree wide angle field of vision mounted to enable the operator to observe any person being towed. (4) A person operating a boat which is towing a kite or a similar airborne device must have on-board, in addition to the operator, a person at least twelve (12) years of age to act as an observer. (b) This section does not apply to a lawful race, regatta, or similar activity. (Natural Resources Commission; 312 IAC 5-13-5; filed Mar 23, 2001, 2:50 p.m.: 24 IR 2389, eff Jan 1, 2002; readopted filed May 29, 2008, 1:53 p.m.: 20080625-IR- 312080057RFA; errata filed Jun 2, 2009, 10:29 a.m.: 20090624-IR-312090386ACA; readopted filed Jul 17, 2014, 3:46 p.m.:

Towed Watersports Persons being towed by a PWC MUST wear a Coast Guard approved personal flotation device. If being towed a boat, it is recommend that that the PFD be worn but is required to have one on the boat if it is not worn. Must have observer on tow-boat who provides full attention to the person being towed. Mirror not allowed when towing kite. SPECIAL Ohio River Operations Have either a 12 Y.O. observer OR rear view mirror with at least 160 degree field of vision, mounted to enable the operator to observe any person being towed A person operating a motorboat may not tow a water ski, a watersled, an aquaplane, or a similar object, including a person on the waterski, watersled, aquaplane, or similar object, unless: (1) the motorboat is occupied by at least one (1) other person who is giving the person's entire attention to watching the object or person towed; and (2) the person operating the boat is giving the person's entire attention to the operation of the boat. As added by P.L.1-1995, SEC.8 - See more at: http://codes.lp.findlaw.com/incode/14/15/3/14-15-3-20#sthash.uvyOQmCf.dpuf 312 IAC 5-13-5 Water skiing on the Ohio River Authority: IC 14-11-2-1; IC 14-15-7-5 Affected: IC 14-15-3-8; IC 14-15-3-20 Sec. 5. (a) The following requirements apply to the portions of the Ohio River on which Indiana and Kentucky have concurrent jurisdiction: (1) A person must not operate a boat while towing or otherwise assisting the propulsion of a person on water skis, a water sled, a surfboard, a kite, or a similar device during the period from one (1) hour after sunset to one (1) hour before sunrise. A person must not manipulate any of the devices described in this subdivision on the water from one (1) hour after sunset to one (1) hour before sunrise. (2) A person being towed on water skis, a surfboard, a kite, or a similar device must wear a Type I personal flotation device, a Type II personal flotation device, or a Type III personal flotation device. (3) A person operating a boat which is towing a person on water skis, a surfboard, or a similar device must have on-board either of the following: (A) In addition to the operator, a person at least twelve (12) years of age to act as an observer. (B) A rear view mirror with at least a one hundred sixty (160) degree wide angle field of vision mounted to enable the operator to observe any person being towed. (4) A person operating a boat which is towing a kite or a similar airborne device must have on-board, in addition to the operator, a person at least twelve (12) years of age to act as an observer. (b) This section does not apply to a lawful race, regatta, or similar activity. (Natural Resources Commission; 312 IAC 5-13-5; filed Mar 23, 2001, 2:50 p.m.: 24 IR 2389, eff Jan 1, 2002; readopted filed May 29, 2008, 1:53 p.m.: 20080625-IR- 312080057RFA; errata filed Jun 2, 2009, 10:29 a.m.: 20090624-IR-312090386ACA)

Personal Watercraft Towing Towing by PWC on Indiana public waters requires: PWC at least 9 feet long PWC designed to seat at least 3 individuals An individual, other than operator, observer Towed watersports hours on the Ohio River are extended to 1 hour before sunrise to 1 hours after sunset A personal watercraft shall not be used on public waters to tow individuals engaged in waterskiing, aquaplaning, or similar activities, unless: (1) the personal watercraft is at least nine (9) feet long; (2) the personal watercraft is designed to seat at least three (3) individuals; and (3) an individual other than the operator of the personal watercraft is aboard the personal watercraft, acting as an observer. As added by P.L.57-1995, SEC.9. Amended by P.L.28-1998, SEC.1. - See more at: http://codes.lp.findlaw.com/incode/14/15/12/14-15-12-7#sthash.W1R1qiN8.dpuf

Litter and Waste Disposal Unlawful to dispose of: Litter Other waste (1) Filth. (2) A putrid substance. (3) An unwholesome substance. (4) Contents of a catch basin. (5) Contents of a grease trap. (6) Any other graywater. Consult 312 IAC 5-6-1 Boating restrictions on specified public freshwater lakes Rule 5. Waste Disposal Litter includes bottles, glass, crockery, cans, scrap metal, junk, paper, garbage, rubbish, plastic, or similar refuse. 312 IAC 5-5-1 Application Authority: IC 14-10-2-4; IC 14-11-2-1; IC 14-15-7-3 Affected: IC 14 Sec. 1. This rule governs the disposal or discharge of sewage, graywater, and other wastes from a boat that is located upon public waters. 312 IAC 5-5-3 Litter and other waste disposal from a boat Sec. 3. (a) Except as provided in subsection (b), a person must not dispose of litter or other waste from a boat maintained or operated upon public water. (b) A person who maintains or operates a boat upon Lake Michigan or another waterway described in 40 CFR 1700 must not violate 40 CFR 1700 in treatment or disposal of litter or other waste from a boat. (c) As used in this section, "other waste" includes the following: (1) Filth. (2) A putrid substance. (3) An unwholesome substance. (4) Contents of a catch basin. (5) Contents of a grease trap. (6) Any other graywater. (Natural Resources Commission; 312 IAC 5-5-3; filed Mar 23, 2001, 2:50 p.m.: 24 IR 2372, eff Jan 1, 2002; readopted filed May 29, 2008, 1:53 p.m.: 20080625-IR-312080057RFA; errata filed Jun 2, 2009, 10:29 a.m.: 20090624-IR-312090386ACA; readopted filed Jul 17, 2014, 3:46 p.m.: 20140813-IR-312140067RFA; filed Aug 27, 2015, 10:40 a.m.: 20150923-IR-312140515FRA) Rule 6. Specified Public Freshwater Lakes; Restrictions 312 IAC 5-6-1 Boating restrictions on specified public freshwater lakes; applicability Sec. 1. (a) This rule establishes zones on specified public freshwater lakes to govern the operation of boats for any of the following purposes: (1) Addressing unusual conditions or hazards. (2) Fish, wildlife, or botanical resource management. (3) The protection of users. (b) This rule may modify or supplement 312 IAC 11. (c) In order to be effective, a zone established under this rule must be identified on-site by buoys placed under 312 IAC 5-4. (Natural Resources Commission; 312 IAC 5-6-1; filed Mar 23, 2001, 2:50 p.m.: 24 IR 2373, eff Jan 1, 2002; readopted filed May 29, 2008, 1:53 p.m.: 20080625-IR-312080057RFA; errata filed Jun 2, 2009, 10:29 a.m.: 20090624-IR-312090386ACA; readopted filed Jul 17, 2014, 3:46 p.m.: 20140813-IR-312140067RFA)

International Marine Pollution Law No trash, garbage or waste overboard in waters of USA. This or similarly worded decal is to be applied to boats 26 feet and longer as reminder to not pollute. Applies to all boaters. 312 IAC 5-5-3 Litter and other waste disposal from a boat Authority: IC 14-10-2-4; IC 14-11-2-1; IC 14-15-7-3 Affected: IC 14 Sec. 3. (a) Except as provided in subsection (b), a person must not dispose of litter or other waste from a boat maintained or operated upon public water. (b) A person who maintains or operates a boat upon Lake Michigan or another waterway described in 40 CFR 1700 must not violate 40 CFR 1700 in treatment or disposal of litter or other waste from a boat. (c) As used in this section, "other waste" includes the following: (1) Filth. (2) A putrid substance. (3) An unwholesome substance. (4) Contents of a catch basin. (5) Contents of a grease trap. (6) Any other graywater. (Natural Resources Commission; 312 IAC 5-5-3; filed Mar 23, 2001, 2:50 p.m.: 24 IR 2372, eff Jan 1, 2002; readopted filed May 29, 2008, 1:53 p.m.: 20080625-IR-312080057RFA; errata filed Jun 2, 2009, 10:29 a.m.: 20090624-IR-312090386ACA; readopted filed Jul 17, 2014, 3:46 p.m.: 20140813-IR-312140067RFA; filed Aug 27, 2015, 10:40 a.m.: 20150923-IR-312140515FRA)

Waste and Trash, continued Oil/Fuel Spills Spills reported immediately to US Coast Guard at 1-800-424-8802 Indiana Department of Environmental Management at 1-888-233-7745 Placard displayed for vessels >26’ Waste and Trash, continued The discharge of oil and hazardous substances is strictly prohibited by the regulations issued under the Federal Water Pollution Control Act. This act requires all boats with propulsion machinery to have a capacity to retain oil mixtures onboard. You are not allowed to discharge oil or hazardous substances. You are not allowed to sump oil into the bilge of the boat without means for proper disposal. You must discharge oil wastes to a reception facility. On recreational boats a bailer or bucket is adequate. You must immediately notify the U.S. Coast Guard if your boat discharges oil or hazardous substances in the water. Call toll free 1-800-424-8802. Report the discharge’s location, color, source, substances, size and time observed. If your boat is 26’ or longer you must display a 5” x 8” placard made of durable material fixed in a conspicuous place in the machinery spaces, or at the bilge pump control station stating the following:

Some MSDs can treat sewage Marine Sanitation Devices (MSD) MSD holds sewage Some MSDs can treat sewage Use pumpout stations Indiana waters are considered No Discharge Zones. This designation extends to Lake Michigan and federal waterways. Refer to nautical charts for designated areas 312 IAC 5-5-2 Sewage disposal from a boat Authority: IC 14-10-2-4; IC 14-11-2-1; IC 14-15-7-3 Affected: IC 14 Sec. 2. (a) Except as provided in subsection (c), a person must not keep, maintain, or operate upon public water a boat that is equipped with a water closet or toilet unless the water closet or toilet is equipped with a Type III marine sanitation device with the capacity to store wastes for subsequent disposal at: (1) an approved shoreside facility or incinerator; or (2) a treatment system approved by the Indiana department of environmental management according to rules adopted by the: (A) solid waste management board; or (B) water pollution control board. (b) Except as provided in subsection (c), a person may not dispose of sewage accumulated in a Type III marine sanitation device or any other container on a boat in a manner that the sewage reaches or may reach public waters, except through a sewage disposal facility approved by the Indiana department of environmental management according to rules adopted by the: (1) solid waste management board; or (2) water pollution control board. (c) A person who maintains or operates a boat, upon Lake Michigan or another waterway described in 40 CFR 140.3, that is equipped with a Type I marine sanitation device or a Type II marine sanitation, must comply with 33 CFR 159 and 40 CFR 140. (d) The following definitions apply throughout this section: (1) "Sewage" means human bodily wastes. (2) "Type I marine sanitation device" has the meaning set forth at 40 CFR 140.3. (3) "Type II marine sanitation device" has the meaning set forth at 40 CFR 140.3. (4) "Type III marine sanitation device" has the meaning set forth at 40 CFR 140.3. (Natural Resources Commission; 312 IAC 5-5-2; filed Mar 23, 2001, 2:50 p.m.: 24 IR 2372, eff Jan 1, 2002; readopted filed May 29, 2008, 1:53 p.m.: 20080625-IR-312080057RFA; errata filed Jun 2, 2009, 10:29 a.m.: 20090624-IR-312090386ACA; readopted filed Jul 17, 2014, 3:46 p.m.: 20140813-IR-312140067RFA) 17

Marine Engine Noise Both the National Association of State Boating Law Administrators (NASBLA) and the National Marine Manufacturers Association (NMMA) have Model Noise Acts. These requirements are in compliance with the SAE recommended dBA standards. NASBLA requires 88 dBA under SAE J2005, and 75 dBA under SAE J1970. NMMA recommends 90 dBA under SAE J2005. Indiana requires engine mufflers that are NOT switchable; a violation is a Class C infraction SAE J34: The most precise measurement available, taken of a boat at a distance of 50 ft. with wide-open throttle (the near maximum noise of the boat). Although great for engineering standards, it is difficult for enforcement purposes in the field. The Coast Guard recommends 86 decibels (dBA), which most states have adopted as law. SAE J2005: This measures the engine sound at idle with the microphone 1.5 m away. SAE recommends a limit of 90dbA for this method, which does not account for the speed or power of the boat. SAE J1970: In realizing the enforcement difficulties of the previous methods, SAE designed this shoreline noise test enabling regulations keeping the boat under 75 dBA at 50 ft. by operation, not mechanics. The operator is responsible for controlling the noise of the boat. Sound energy dissipates with distance, other sound and wind. A comprehensive study on sound with motorboats (but not including PWC) found that sound dissipates up to 9.9dBA when the boat travels from 50 ft to 200 ft away (4.8 dBA reduction from 50 to 100 ft, additional 5.1 dBA reduction from 100 to 200 ft.). Reference: ABC3 Manual, Chapter 2, Section 8, paragraph 21; internet - - https://www.cpperformance.com/t-state_noise_laws.aspx 18

Diving/Snorkeling Flags Boaters remain 150 feet away from flag Divers remain within 100 feet of flag Avoid placing in Areas already occupied by boaters or in narrow channels Diving/Snorkeling Flags Avoid placing these flags in areas already occupied by boaters or narrow channels. It is not safe to dive or snorkel in these areas. The red and white divers flag marks the location of divers and snorkelers. Stay well clear, at least 150 feet in Indiana. .

Boating Accidents Immediately stop boat close to scene Stay at scene and provide to other boat and each injured person 1. Operator’s name and address 2. Identification of boat operated 3. Name and address of owner 4. Exhibit operator’s license if requested 5. Provide reasonable assistance The operator of a boat involved in an accident or a collision resulting in injury to or death of a person or damage to a boat or other property shall do the following: (1) Stop the boat immediately and as close as possible to the scene of the accident. (2) Return to the scene of the accident and remain there until the operator has complied with this section. (3) Give: (A) the operator's name and address; (B) a full identification of the boat operated; and (C) the name and address of the owner; to the operator of each other boat and each person injured. (4) Upon request, exhibit the operator's license to the operator of each other boat and each person injured. (5) Provide reasonable assistance to each person injured, including carrying or arranging for carrying each injured person to a physician, surgeon, or hospital for medical or surgical treatment if: (A) it is apparent that treatment is necessary; or (B) the injured person so requests. - See more at: http://codes.lp.findlaw.com/incode/14/15/4/14-15-4-1#sthash.G16Mq7HV.dpuf

Accident Reporting If 1. Injury to or death of a person 2. Damage to a boat or other property exceeding $750 Operator SHALL Notify sheriff or Notify state police or Notify Conservation or office File written report within 24 hours a) The operator of a boat involved in an accident or a collision resulting in: (1) injury to or death of a person; or (2) damage to a boat or other property to an apparent extent of at least seven hundred fifty dollars ($750); shall provide the information required under subsection (b). (b) An operator of a boat subject to subsection (a) shall do the following: (1) Give notice of the accident to: (A) the office of the sheriff of the county; (B) the nearest state police post; or (C) the nearest conservation office; immediately and by the quickest means of communication. (2) Mail to the department a written report of the accident or collision within twenty-four (24) hours of the accident or collision. - See more at: http://codes.lp.findlaw.com/incode/14/15/4/14-15-4-2#sthash.nS7vyAv2.dpuf 21

Aquatic Nuisances To prevent the spread of non-native fish and mollusks in our waterways, boaters should follow these simple rules: Trailer boaters should remove visible mud, plants, fish or animals from boats and trailers prior to transport to another body of water. Scrape any mussels from boat or outdrive, and flush hull, bilges & water holding compartments with hot water (at least 120º F or use 1 quart / gal of vinegar). Do not release plants or fish, including bait, into a body of water unless it came out of that same body of water. Aquatic Nuisances Boaters have a responsibility to help prevent the spread of aquatic nuisances, such as Zebra Mussels. We must make sure we clean our boats to keep from unknowingly transporting mussels from one area to another. Proper hull maintenance and engine flush will reduce the chances of the spread of these and other nuisances.

From Other Sections Know your boat’s capacity – capacity plate -7 Know fueling procedures and check lists – 3 Use a FLOAT PLAN – 3 and appendix D Navigation Rules – 4 Skiers and towed watersports - 13 Aids to Navigation – 5 Weather and Emergencies – 11 Use pre-boating briefing check list – 3 Navigation lights and sound devices - 7 Federal and State laws are often similar, with state laws typically more stringent. State laws prevail on state waters.

Law Enforcement Conservation Officers with the Indiana Department of Natural Resources enforce boating laws in Indiana U.S. Coast Guard officers and other authorized peace or law enforcement officers may also enforce laws USCG also has authority on Waters of Concurrent Jurisdiction Officers have authority to stop and board boats in order to check for compliance with state and federal laws.

Indiana Boating Contacts Division of Law Enforcement Department of Natural Resources Indiana Government Center-South 402 West Washington Street, Room W255-D Indianapolis, Indiana 46204

End Chapter 2 End of Chapter 2 SUMMARY: In this section you have learned: Ages when life jackets must be worn on waters of concurrent jurisdiction. Sewage and waste disposal. Mandatory and continuing education. Laws for recreational towing of skiers, tubes, wake boards and knee boards. Laws for VDS. Muffler requirements. PWC operations. Alcohol BAC. Law enforcement authority. Boat accident reporting.