(a) No person shalloperate a personal watercraft on the waters of this State at any time betweensunset and sunrise. For purposes of this section, "personalwatercraft" means a small vessel that uses an outboard or propeller‑drivenmotor, or an inboard motor powering a water jet pump, as its primary source ofmotive 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 theconventional manner of sitting or standing inside the vessel.
(a1) No person shalloperate a personal watercraft on the waters of this State at greater than no‑wakespeed within 100 feet of an anchored or moored vessel, a dock, pier, swimfloat, marked swimming area, swimmers, surfers, persons engaged in angling, orany manually operated propelled vessel, unless the personal watercraft isoperating in a narrow channel. No person shall operate a personal watercraft ina narrow channel at greater than no‑wake speed within 50 feet of ananchored or moored vessel, a dock, pier, swim float, marked swimming area,swimmers, surfers, persons engaged in angling, or any manually operatedpropelled vessel.
(b) (Effective untilMay 1, 2010) Except as otherwise provided in this subsection, no personunder 16 years of age shall operate a personal watercraft on the waters of thisState, and it is unlawful for the owner of a personal watercraft or a personwho has temporary or permanent responsibility for a person under the age of 16to knowingly allow that person to operate a personal watercraft. A person of atleast 14 years of age but under 16 years of age may operate a personalwatercraft on the waters of this State if:
(1) The person isaccompanied by a person of at least 18 years of age who physically occupies thewatercraft; or
(2) The person (i)possesses on his or her person while operating the watercraft, identificationshowing proof of age and a boating safety certification card issued by theCommission or proof of other satisfactory completion of a boating safetyeducation course approved by the National Association of State Boating LawAdministrators (NASBLA); and (ii) produces that identification andcertification card upon the request of an officer of the Commission or local lawenforcement agency.
(b) (Effective May1, 2010) Except as otherwise provided in this subsection, no person under16 years of age shall operate a personal watercraft on the waters of thisState, and it is unlawful for the owner of a personal watercraft or a personwho has temporary or permanent responsibility for a person under the age of 16to knowingly allow that person to operate a personal watercraft. A person of atleast 14 years of age but under 16 years of age may operate a personalwatercraft on the waters of this State if:
(1) The person isaccompanied by a person of at least 18 years of age who physically occupies thewatercraft and who is in compliance with G.S. 75A‑16.2; or
(2) The person (i)possesses on his or her person while operating the watercraft, identificationshowing proof of age and a boating safety certification card issued by theCommission, proof of other satisfactory completion of a boating safetyeducation course approved by the National Association of State Boating LawAdministrators (NASBLA), or proof of other boating safety education incompliance with G.S. 75A‑16.2; and (ii) produces that identification andproof upon the request of an officer of the Commission or local law enforcementagency.
(b1) A person under 16years of age who operates a personal watercraft in violation of the provisionsof subsection (b) of this section is guilty of an infraction as provided inG.S. 14‑3.1.
(c) No livery shalllease, hire, or rent a personal watercraft to or for operation by a personunder 16 years of age, except as provided in subsection (b) of this section.
(c1) No person, firm, orcorporation shall engage in the business of renting personal watercraft to thepublic for operation by the rentee unless the person, firm, or corporation hassecured insurance for the liability of the person, firm, or corporation andthat of the rentee, in such an amount as is hereinafter provided, from aninsurance company duly authorized to sell liability insurance in this State.Each personal watercraft rented must be covered by a policy of liabilityinsurance insuring the owner and rentee and their agents and employees while inthe performance of their duties against loss from any liability imposed by lawfor damages including damages for care and loss of services because of bodilyinjury to or death of any person and injury to or destruction of propertycaused by accident arising out of the operation of such personal watercraft,subject to the following minimum limits: three hundred thousand dollars ($300,000)per occurrence.
(c2) A vessel livery thatfails to carry liability insurance in violation of subsection (c1) of thissection is guilty of a Class 2 misdemeanor and shall only be subject to a finenot to exceed one thousand dollars ($1,000).
(c3) (Effective May 1,2010) A vessel livery shall provide the operator of a leased personalwatercraft with basic safety instruction prior to allowing the operation of theleased personal watercraft. "Basic safety instruction" shall includedirection on how to safely operate the personal watercraft and a review of thesafety provisions of this section. A vessel livery that fails to provide basicsafety instruction is guilty of a Class 3 misdemeanor.
(d) No person shalloperate a personal watercraft on the waters of this State, nor shall the ownerof a personal watercraft knowingly allow another person to operate thatpersonal watercraft on the waters of this State, unless:
(1) Each person ridingon or being towed behind the vessel is wearing a type I, type II, type III, ortype V personal flotation device approved by the United States Coast Guard.Inflatable personal flotation devices do not satisfy this requirement; and
(2) In the case of apersonal watercraft equipped by the manufacturer with a lanyard‑typeengine cut‑off switch, the lanyard is securely attached to the person,clothing, or flotation device of the operator at all times while the personalwatercraft is being operated in such a manner to turn off the engine if theoperator dismounts while the watercraft is in operation.
(d1) No person shalloperate a personal watercraft towing another person on water skis, a surfboard,or similar device unless:
(1) The personalwatercraft has on board, in addition to the operator, an observer who shallmonitor the progress of the person or persons being towed, or the personalwatercraft is equipped with a rearview mirror; and
(2) The total number ofpersons operating, observing, and being towed does not exceed the number ofpassengers identified by the manufacturer as the maximum safe load for thevessel.
(e) A personalwatercraft must at all times be operated in a reasonable and prudent manner.Maneuvers that endanger life, limb, or property shall constitute recklessoperation of a vessel as provided in G.S. 75A‑10, and include any of thefollowing:
(1) Unreasonably orunnecessarily weaving through congested vessel traffic.
(2) Jumping the wake ofanother vessel within 100 feet of the other vessel or when visibility aroundthe other vessel is obstructed.
(3) Intentionally approachinganother vessel in order to swerve at the last possible moment to avoidcollision.
(4) Repealed by SessionLaws 2000‑52, s. 2.
(5) Operating contraryto the "rules of the road" or following too closely to anothervessel, including another personal watercraft. For purposes of thissubdivision, "following too closely" means proceeding in the samedirection and operating at a speed in excess of 10 miles per hour whenapproaching within 100 feet to the rear or 50 feet to the side of another vesselthat is underway unless that vessel is operating in a narrow channel, in whichcase a personal watercraft may operate at the speed and flow of other vesseltraffic.
(f) The provisions ofthis 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 lifeor limb.
(f1) For purposes ofthis section, "narrow channel" means a segment of the waters of the State300 feet or less in width.
(g) Repealed by SessionLaws 1999‑447, s. 1.
(h) Nothing in thissection prohibits units of local government, marine commissions, or local lakeauthorities from regulating personal watercraft pursuant to the provisions of G.S.160A‑176.2 or any other law authorizing such regulation, provided thatthe regulations are more restrictive than the provisions of this section orregulate aspects of personal watercraft operation that are not covered by thissection. Whenever a unit of local government, marine commission, or local lakeauthority regulates personal watercraft pursuant to this subsection, it shallconspicuously post signs that are reasonably calculated to provide notice topersonal watercraft users of the stricter regulations. (1997‑129, s. 1; 1999‑447,s. 1; 2000‑52, ss. 1‑4; 2005‑161, s. 1; 2006‑185, s. 1;2009‑282, s. 2.)
(a) No person shalloperate a personal watercraft on the waters of this State at any time betweensunset and sunrise. For purposes of this section, "personalwatercraft" means a small vessel that uses an outboard or propeller‑drivenmotor, or an inboard motor powering a water jet pump, as its primary source ofmotive 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 theconventional manner of sitting or standing inside the vessel.
(a1) No person shalloperate a personal watercraft on the waters of this State at greater than no‑wakespeed within 100 feet of an anchored or moored vessel, a dock, pier, swimfloat, marked swimming area, swimmers, surfers, persons engaged in angling, orany manually operated propelled vessel, unless the personal watercraft isoperating in a narrow channel. No person shall operate a personal watercraft ina narrow channel at greater than no‑wake speed within 50 feet of ananchored or moored vessel, a dock, pier, swim float, marked swimming area,swimmers, surfers, persons engaged in angling, or any manually operatedpropelled vessel.
(b) (Effective untilMay 1, 2010) Except as otherwise provided in this subsection, no personunder 16 years of age shall operate a personal watercraft on the waters of thisState, and it is unlawful for the owner of a personal watercraft or a personwho has temporary or permanent responsibility for a person under the age of 16to knowingly allow that person to operate a personal watercraft. A person of atleast 14 years of age but under 16 years of age may operate a personalwatercraft on the waters of this State if:
(1) The person isaccompanied by a person of at least 18 years of age who physically occupies thewatercraft; or
(2) The person (i)possesses on his or her person while operating the watercraft, identificationshowing proof of age and a boating safety certification card issued by theCommission or proof of other satisfactory completion of a boating safetyeducation course approved by the National Association of State Boating LawAdministrators (NASBLA); and (ii) produces that identification andcertification card upon the request of an officer of the Commission or local lawenforcement agency.
(b) (Effective May1, 2010) Except as otherwise provided in this subsection, no person under16 years of age shall operate a personal watercraft on the waters of thisState, and it is unlawful for the owner of a personal watercraft or a personwho has temporary or permanent responsibility for a person under the age of 16to knowingly allow that person to operate a personal watercraft. A person of atleast 14 years of age but under 16 years of age may operate a personalwatercraft on the waters of this State if:
(1) The person isaccompanied by a person of at least 18 years of age who physically occupies thewatercraft and who is in compliance with G.S. 75A‑16.2; or
(2) The person (i)possesses on his or her person while operating the watercraft, identificationshowing proof of age and a boating safety certification card issued by theCommission, proof of other satisfactory completion of a boating safetyeducation course approved by the National Association of State Boating LawAdministrators (NASBLA), or proof of other boating safety education incompliance with G.S. 75A‑16.2; and (ii) produces that identification andproof upon the request of an officer of the Commission or local law enforcementagency.
(b1) A person under 16years of age who operates a personal watercraft in violation of the provisionsof subsection (b) of this section is guilty of an infraction as provided inG.S. 14‑3.1.
(c) No livery shalllease, hire, or rent a personal watercraft to or for operation by a personunder 16 years of age, except as provided in subsection (b) of this section.
(c1) No person, firm, orcorporation shall engage in the business of renting personal watercraft to thepublic for operation by the rentee unless the person, firm, or corporation hassecured insurance for the liability of the person, firm, or corporation andthat of the rentee, in such an amount as is hereinafter provided, from aninsurance company duly authorized to sell liability insurance in this State.Each personal watercraft rented must be covered by a policy of liabilityinsurance insuring the owner and rentee and their agents and employees while inthe performance of their duties against loss from any liability imposed by lawfor damages including damages for care and loss of services because of bodilyinjury to or death of any person and injury to or destruction of propertycaused by accident arising out of the operation of such personal watercraft,subject to the following minimum limits: three hundred thousand dollars ($300,000)per occurrence.
(c2) A vessel livery thatfails to carry liability insurance in violation of subsection (c1) of thissection is guilty of a Class 2 misdemeanor and shall only be subject to a finenot to exceed one thousand dollars ($1,000).
(c3) (Effective May 1,2010) A vessel livery shall provide the operator of a leased personalwatercraft with basic safety instruction prior to allowing the operation of theleased personal watercraft. "Basic safety instruction" shall includedirection on how to safely operate the personal watercraft and a review of thesafety provisions of this section. A vessel livery that fails to provide basicsafety instruction is guilty of a Class 3 misdemeanor.
(d) No person shalloperate a personal watercraft on the waters of this State, nor shall the ownerof a personal watercraft knowingly allow another person to operate thatpersonal watercraft on the waters of this State, unless:
(1) Each person ridingon or being towed behind the vessel is wearing a type I, type II, type III, ortype V personal flotation device approved by the United States Coast Guard.Inflatable personal flotation devices do not satisfy this requirement; and
(2) In the case of apersonal watercraft equipped by the manufacturer with a lanyard‑typeengine cut‑off switch, the lanyard is securely attached to the person,clothing, or flotation device of the operator at all times while the personalwatercraft is being operated in such a manner to turn off the engine if theoperator dismounts while the watercraft is in operation.
(d1) No person shalloperate a personal watercraft towing another person on water skis, a surfboard,or similar device unless:
(1) The personalwatercraft has on board, in addition to the operator, an observer who shallmonitor the progress of the person or persons being towed, or the personalwatercraft is equipped with a rearview mirror; and
(2) The total number ofpersons operating, observing, and being towed does not exceed the number ofpassengers identified by the manufacturer as the maximum safe load for thevessel.
(e) A personalwatercraft must at all times be operated in a reasonable and prudent manner.Maneuvers that endanger life, limb, or property shall constitute recklessoperation of a vessel as provided in G.S. 75A‑10, and include any of thefollowing:
(1) Unreasonably orunnecessarily weaving through congested vessel traffic.
(2) Jumping the wake ofanother vessel within 100 feet of the other vessel or when visibility aroundthe other vessel is obstructed.
(3) Intentionally approachinganother vessel in order to swerve at the last possible moment to avoidcollision.
(4) Repealed by SessionLaws 2000‑52, s. 2.
(5) Operating contraryto the "rules of the road" or following too closely to anothervessel, including another personal watercraft. For purposes of thissubdivision, "following too closely" means proceeding in the samedirection and operating at a speed in excess of 10 miles per hour whenapproaching within 100 feet to the rear or 50 feet to the side of another vesselthat is underway unless that vessel is operating in a narrow channel, in whichcase a personal watercraft may operate at the speed and flow of other vesseltraffic.
(f) The provisions ofthis 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 lifeor limb.
(f1) For purposes ofthis section, "narrow channel" means a segment of the waters of the State300 feet or less in width.
(g) Repealed by SessionLaws 1999‑447, s. 1.
(h) Nothing in thissection prohibits units of local government, marine commissions, or local lakeauthorities from regulating personal watercraft pursuant to the provisions of G.S.160A‑176.2 or any other law authorizing such regulation, provided thatthe regulations are more restrictive than the provisions of this section orregulate aspects of personal watercraft operation that are not covered by thissection. Whenever a unit of local government, marine commission, or local lakeauthority regulates personal watercraft pursuant to this subsection, it shallconspicuously post signs that are reasonably calculated to provide notice topersonal watercraft users of the stricter regulations. (1997‑129, s. 1; 1999‑447,s. 1; 2000‑52, ss. 1‑4; 2005‑161, s. 1; 2006‑185, s. 1;2009‑282, s. 2.)
(a) No person shalloperate a personal watercraft on the waters of this State at any time betweensunset and sunrise. For purposes of this section, "personalwatercraft" means a small vessel that uses an outboard or propeller‑drivenmotor, or an inboard motor powering a water jet pump, as its primary source ofmotive 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 theconventional manner of sitting or standing inside the vessel.
(a1) No person shalloperate a personal watercraft on the waters of this State at greater than no‑wakespeed within 100 feet of an anchored or moored vessel, a dock, pier, swimfloat, marked swimming area, swimmers, surfers, persons engaged in angling, orany manually operated propelled vessel, unless the personal watercraft isoperating in a narrow channel. No person shall operate a personal watercraft ina narrow channel at greater than no‑wake speed within 50 feet of ananchored or moored vessel, a dock, pier, swim float, marked swimming area,swimmers, surfers, persons engaged in angling, or any manually operatedpropelled vessel.
(b) (Effective untilMay 1, 2010) Except as otherwise provided in this subsection, no personunder 16 years of age shall operate a personal watercraft on the waters of thisState, and it is unlawful for the owner of a personal watercraft or a personwho has temporary or permanent responsibility for a person under the age of 16to knowingly allow that person to operate a personal watercraft. A person of atleast 14 years of age but under 16 years of age may operate a personalwatercraft on the waters of this State if:
(1) The person isaccompanied by a person of at least 18 years of age who physically occupies thewatercraft; or
(2) The person (i)possesses on his or her person while operating the watercraft, identificationshowing proof of age and a boating safety certification card issued by theCommission or proof of other satisfactory completion of a boating safetyeducation course approved by the National Association of State Boating LawAdministrators (NASBLA); and (ii) produces that identification andcertification card upon the request of an officer of the Commission or local lawenforcement agency.
(b) (Effective May1, 2010) Except as otherwise provided in this subsection, no person under16 years of age shall operate a personal watercraft on the waters of thisState, and it is unlawful for the owner of a personal watercraft or a personwho has temporary or permanent responsibility for a person under the age of 16to knowingly allow that person to operate a personal watercraft. A person of atleast 14 years of age but under 16 years of age may operate a personalwatercraft on the waters of this State if:
(1) The person isaccompanied by a person of at least 18 years of age who physically occupies thewatercraft and who is in compliance with G.S. 75A‑16.2; or
(2) The person (i)possesses on his or her person while operating the watercraft, identificationshowing proof of age and a boating safety certification card issued by theCommission, proof of other satisfactory completion of a boating safetyeducation course approved by the National Association of State Boating LawAdministrators (NASBLA), or proof of other boating safety education incompliance with G.S. 75A‑16.2; and (ii) produces that identification andproof upon the request of an officer of the Commission or local law enforcementagency.
(b1) A person under 16years of age who operates a personal watercraft in violation of the provisionsof subsection (b) of this section is guilty of an infraction as provided inG.S. 14‑3.1.
(c) No livery shalllease, hire, or rent a personal watercraft to or for operation by a personunder 16 years of age, except as provided in subsection (b) of this section.
(c1) No person, firm, orcorporation shall engage in the business of renting personal watercraft to thepublic for operation by the rentee unless the person, firm, or corporation hassecured insurance for the liability of the person, firm, or corporation andthat of the rentee, in such an amount as is hereinafter provided, from aninsurance company duly authorized to sell liability insurance in this State.Each personal watercraft rented must be covered by a policy of liabilityinsurance insuring the owner and rentee and their agents and employees while inthe performance of their duties against loss from any liability imposed by lawfor damages including damages for care and loss of services because of bodilyinjury to or death of any person and injury to or destruction of propertycaused by accident arising out of the operation of such personal watercraft,subject to the following minimum limits: three hundred thousand dollars ($300,000)per occurrence.
(c2) A vessel livery thatfails to carry liability insurance in violation of subsection (c1) of thissection is guilty of a Class 2 misdemeanor and shall only be subject to a finenot to exceed one thousand dollars ($1,000).
(c3) (Effective May 1,2010) A vessel livery shall provide the operator of a leased personalwatercraft with basic safety instruction prior to allowing the operation of theleased personal watercraft. "Basic safety instruction" shall includedirection on how to safely operate the personal watercraft and a review of thesafety provisions of this section. A vessel livery that fails to provide basicsafety instruction is guilty of a Class 3 misdemeanor.
(d) No person shalloperate a personal watercraft on the waters of this State, nor shall the ownerof a personal watercraft knowingly allow another person to operate thatpersonal watercraft on the waters of this State, unless:
(1) Each person ridingon or being towed behind the vessel is wearing a type I, type II, type III, ortype V personal flotation device approved by the United States Coast Guard.Inflatable personal flotation devices do not satisfy this requirement; and
(2) In the case of apersonal watercraft equipped by the manufacturer with a lanyard‑typeengine cut‑off switch, the lanyard is securely attached to the person,clothing, or flotation device of the operator at all times while the personalwatercraft is being operated in such a manner to turn off the engine if theoperator dismounts while the watercraft is in operation.
(d1) No person shalloperate a personal watercraft towing another person on water skis, a surfboard,or similar device unless:
(1) The personalwatercraft has on board, in addition to the operator, an observer who shallmonitor the progress of the person or persons being towed, or the personalwatercraft is equipped with a rearview mirror; and
(2) The total number ofpersons operating, observing, and being towed does not exceed the number ofpassengers identified by the manufacturer as the maximum safe load for thevessel.
(e) A personalwatercraft must at all times be operated in a reasonable and prudent manner.Maneuvers that endanger life, limb, or property shall constitute recklessoperation of a vessel as provided in G.S. 75A‑10, and include any of thefollowing:
(1) Unreasonably orunnecessarily weaving through congested vessel traffic.
(2) Jumping the wake ofanother vessel within 100 feet of the other vessel or when visibility aroundthe other vessel is obstructed.
(3) Intentionally approachinganother vessel in order to swerve at the last possible moment to avoidcollision.
(4) Repealed by SessionLaws 2000‑52, s. 2.
(5) Operating contraryto the "rules of the road" or following too closely to anothervessel, including another personal watercraft. For purposes of thissubdivision, "following too closely" means proceeding in the samedirection and operating at a speed in excess of 10 miles per hour whenapproaching within 100 feet to the rear or 50 feet to the side of another vesselthat is underway unless that vessel is operating in a narrow channel, in whichcase a personal watercraft may operate at the speed and flow of other vesseltraffic.
(f) The provisions ofthis 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 lifeor limb.
(f1) For purposes ofthis section, "narrow channel" means a segment of the waters of the State300 feet or less in width.
(g) Repealed by SessionLaws 1999‑447, s. 1.
(h) Nothing in thissection prohibits units of local government, marine commissions, or local lakeauthorities from regulating personal watercraft pursuant to the provisions of G.S.160A‑176.2 or any other law authorizing such regulation, provided thatthe regulations are more restrictive than the provisions of this section orregulate aspects of personal watercraft operation that are not covered by thissection. Whenever a unit of local government, marine commission, or local lakeauthority regulates personal watercraft pursuant to this subsection, it shallconspicuously post signs that are reasonably calculated to provide notice topersonal watercraft users of the stricter regulations. (1997‑129, s. 1; 1999‑447,s. 1; 2000‑52, ss. 1‑4; 2005‑161, s. 1; 2006‑185, s. 1;2009‑282, s. 2.)
