<div class="chunk-title">Sec. 20-69. - Regulation of personal watercraft.</div>
<div class="chunk-content">
            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               G.S. ch. 75A is amended by adding a new section G.S. 75A-13.3, personal watercraft,
               to read as follows:
               </p>
            		
            <p class="p1">
               (a) No person shall operate a personal watercraft on the waters of this state at any
               time between the hours from one hour after sunset to one hour before sunrise. For
               purposes of this section, "personal watercraft" means a small vessel which uses an
               outboard or propeller-driven motor, or an inboard motor powering a water jet pump,
               as its primary source of motive power and which is designed to be operated by a person
               sitting, standing, or kneeling on, or being towed behind the vessel, rather than in
               the conventional manner of sitting or standing inside the vessel.
               </p>
            <p class="p1">
               (a1) No person shall operate a personal watercraft on the waters of this state at
               greater than no-wake speed within 100 feet of an anchored or moored vessel, a dock,
               pier, swim float, marked swimming area, swimmers, surfers, persons engaged in angling,
               or any manually operated propelled vessel, unless the personal watercraft is operating
               in a narrow channel. No person shall operate a personal watercraft in a narrow channel
               at greater than no-wake speed within 50 feet of an anchored or moored vessel, a dock,
               pier, swim float, marked swimming area, swimmers, surfers, persons engaged in angling,
               or any manually operated propelled vessel.
               </p>
            <p class="p1">
               (b) Except as otherwise provided in this subsection, no person under 16 years of age
               shall operate a personal watercraft on the waters of this state, nor shall the owner
               of a personal watercraft knowingly allow a person under the age of 16 to operate a
               personal watercraft. A person of at least 12 years of age but under 16 years of age
               may operate a personal watercraft on the waters of this state if:
               
               <p class="p2">
                  (1) The person is accompanied by a person of at least 16 years of age who physically
                  occupies the watercraft; or
                  </p>
               
               <p class="p2">
                  (2) The person possesses a boating safety certificate or a photographic identification
                  card certifying that the person has completed a boating safety course approved by
                  the United States Coast Guard Auxiliary.
                  </p>
               
            <p class="p1">
               (c) No livery shall lease, hire, or rent a personal watercraft to or for operation
               by a person under 16 years of age, except as provided in subsection (b) of this section.
               </p>
            <p class="p1">
               (c1) It shall be unlawful for any person, firm, or corporation to engage in the business
               of renting personal watercraft to the public for operation by the rentee unless such
               person, firm, or corporation has secured insurance for his own liability and that
               of his rentee, in such an amount as is hereinafter provided, from an insurance company
               duly authorized to sell liability insurance in this state. Each such personal watercraft
               rented must be covered by a policy of liability insurance insuring the owner and rentee
               and their agents and employees while in the performance of their duties against loss
               from any liability imposed by law for damages including damages for care and loss
               of services because of bodily injury to or death of any person and injury to or destruction
               of property caused by accident arising out of the operation of such personal watercraft,
               subject to the following minimum limits: $300,000.00 per occurrence.
               </p>
            <p class="p1">
               (d) No person shall operate a personal watercraft on the waters of this state, nor
               shall the owner of a personal watercraft knowingly allow another person to operate
               that personal watercraft on the waters of this state, unless:
               
               <p class="p2">
                  (1) Each person riding on or being towed behind such vessel is wearing a type I, type
                  II, type III or type IV personal flotation device approved by the United States Coast
                  Guard; and
                  </p>
               
               <p class="p2">
                  (2) In the case of a personal watercraft equipped by the manufacturer with a lanyard-type
                  engine cutoff switch, the lanyard is securely attached to the person, clothing, or
                  flotation device of the operator at all times while the personal watercraft is being
                  operated in such a manner to turn off the engine if the operator dismounts while the
                  watercraft is in motion.
                  </p>
               
            <p class="p1">
               (d1) No person shall operate a personal watercraft towing another person on water
               skis or other devices unless:
               
               <p class="p2">
                  (1) The personal watercraft has on board, in addition to the operator, an observer
                  who shall monitor the progress of the persons or persons being towed, or the personal
                  watercraft is equipped with a rearview mirror; and
                  </p>
               
               <p class="p2">
                  (2) The total number of persons operating, observing, and being towed does not exceed
                  the number of passengers identified by the manufacturer as the maximum safe load for
                  the vessel.
                  </p>
               
            <p class="p1">
               (e) A personal watercraft must at all times be operated in a reasonable and prudent
               manner. Maneuvers that endanger life, limb, or property, including:
               
               <p class="p2">
                  (1) Unreasonably or unnecessarily weaving through congested vessel traffic;
                  </p>
               
               <p class="p2">
                  (2) Jumping the wake of another vessel unreasonably or unnecessarily close to such
                  other vessel or when visibility around such other vessel is obstructed; and
                  </p>
               
               <p class="p2">
                  (3) Intentionally approaching another vessel in order to swerve at the last possible
                  moment to avoid collision;
                  </p>
               
               <p class="p2">
                  (4) Operating contrary to the "rules of the road" or following too closely to another
                  vessel, including another personal watercraft. For purposes of this subsection, "following
                  too closely" means proceeding in the same direction and operating at a speed in excess
                  of 10 miles per hour when approaching within 100 feet to the rear or 50 feet to the
                  side of another vessel that is underway unless that vessel is operating in a narrow
                  channel, in which case a personal watercraft may operate at the speed and flow of
                  other vessel traffic.
                  </p>
               
               <p class="b2">
                  shall constitute reckless operation of a vessel as provided in G.S. 75A-10.
                  </p>
               
            <p class="p1">
               (f) The provisions of this section do not apply to a performer engaged in a professional
               exhibition, a person or persons engaged in an activity authorized under G.S. 75A-14,
               or a person attempting to rescue another person who is in danger of losing life or
               limb.
               </p>
            <p class="p1">
               (f1) For purposes of this section, the term "narrow channel" means a segment of the
               waters of the state 300 feet or less in width.
               </p>
            <p class="p1">
               (g) Nothing in this section prohibits units of local government, marine commissions,
               or local lake authorities from regulating personal watercraft pursuant to the provisions
               of G.S. 160A-176.2 or any other law authorizing such regulation, provided that the
               regulations are more restrictive than the provisions of this section or regulate aspects
               of personal watercraft operation that are not covered by this section. Whenever a
               unit of local government, marine commission, or local lake authority regulates personal
               watercraft pursuant to this subsection, it shall conspicuously post signs that are
               reasonably calculated to provide notice to personal watercraft users of the stricter
               regulations.
               </p>
            <p class="p0">
               (b) G.S. 75A-18 is amended by adding a new subsection to read as follows:
               
               <p class="p1">
                  (e) A person under 16 years of age who operates a personal watercraft in violation
                  of the provisions of G.S. 75A-13.3 is guilty of an infraction as provided in G.S.
                  14-3.1.
                  </p>
               
            <p class="historynote0">
               (Code 1995, Â§ 295.01)
               </p></div>