CHAPTER 3. WATERCRAFT OPERATION
IC 14-15-3
Chapter 3. Watercraft Operation
IC 14-15-3-1
"Small lake" defined
Sec. 1. As used in this chapter, "small lake" means a body ofpublic water having a surface area that does not exceed threehundred (300) acres, excluding the following in determining thesurface area:
(1) An adjoining channel.
(2) Any other small lake connected to the body of public waterby a natural or manmade channel less than five hundred (500)feet wide at the narrowest point.
As added by P.L.1-1995, SEC.8.
IC 14-15-3-2
Unlawful operation prohibited
Sec. 2. A person may not operate a boat upon public waters:
(1) in any manner;
(2) under any circumstances; or
(3) at any rate of speed;
prohibited by this article.
As added by P.L.1-1995, SEC.8.
IC 14-15-3-3
Careful and prudent operation
Sec. 3. A person operating a boat shall operate the boat in acareful and prudent manner, having due regard for the following:
(1) The rights, safety, and property of other persons.
(2) The conditions and hazards, actual and potential, thenexisting, including weather and density of traffic.
(3) Possible injury to the person or property of other persons.
As added by P.L.1-1995, SEC.8.
IC 14-15-3-4
Repealed
(Repealed by P.L.57-1995, SEC.11.)
IC 14-15-3-5
Operation of unsafe boats prohibited
Sec. 5. A person may not operate a boat if all or part of the boatis:
(1) designed or constructed in a manner; or
(2) in a condition or state of repair;
that endangers the person or property of any other person.
As added by P.L.1-1995, SEC.8.
IC 14-15-3-6
Dangerous operation prohibited
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 anotherperson.
(2) Unnecessarily interferes with the safe and lawful use ofpublic waters by another person.
(3) Unnecessarily interferes with or obstructs a special eventsanctioned or otherwise legally permitted by the department,another state, or the United States.
As added by P.L.1-1995, SEC.8.
IC 14-15-3-7
Speeding
Sec. 7. A person may not operate a boat at a rate of speed greaterthan:
(1) is reasonable and prudent, having due regard for theconditions and hazards, actual and potential, then existing,including weather and density of traffic; or
(2) will permit the person, in the exercise of reasonable care, tobring the boat to a stop within the assured clear distance ahead.
As added by P.L.1-1995, SEC.8.
IC 14-15-3-8
Night speed limit
Sec. 8. Subject to section 9 of this chapter, a person may notoperate a boat during the period between sunset and sunrise at aspeed greater than ten (10) miles per hour.
As added by P.L.1-1995, SEC.8.
IC 14-15-3-9
Restrictions on operation on boundary lakes
Sec. 9. (a) This section applies only to lakes of more than fourhundred (400) acres but less than one thousand (1,000) acres lyingon the boundary of Indiana and another state.
(b) Between 6:30 p.m. and 10 a.m., a person may not do any ofthe following:
(1) Operate a boat at a speed greater than ten (10) miles perhour.
(2) Tow an object with a boat, except a disabled motor boat oran object incidental to fishing.
(3) Obtain or be issued a permit under IC 14-15-5 for an activitydescribed in subdivision (1) or (2).
As added by P.L.1-1995, SEC.8.
IC 14-15-3-10
Small lakes; speed limit
Sec. 10. Subject to section 11 of this chapter, a person may notoperate a motorboat upon a small lake at a speed greater than ten (10)miles per hour.
As added by P.L.1-1995, SEC.8.
IC 14-15-3-11
Small lakes; exemption from speed limit
Sec. 11. (a) The commission may adopt rules under IC 4-22-2 toexempt a small lake containing more than seventy (70) acres fromsection 10 of this chapter if the following conditions exist:
(1) A majority of the abutting property owners petitions thecommission as provided in this section.
(2) An unreasonable hazard to persons would not result.
(3) An unreasonable harm to fish, wildlife, or botanicalresources would not result.
(b) A petition under this section must specify one (1) of thefollowing periods for exemption from section 10 of this chapter:
(1) Each day of the week (Sunday through Saturday) from 1p.m. to 4 p.m. (local time prevailing).
(2) Monday, Thursday, and Saturday from 1 p.m. to 4 p.m.(local time prevailing).
(3) Saturday from 1 p.m. to 4 p.m. (local time prevailing).
(4) Each day of the week (Sunday through Saturday) fromsunrise to sunset if the small lake is owned, leased, or operatedin whole or in part by a political subdivision (as defined inIC 36-1-2-13).
(5) Each day of the week (Sunday through Saturday) fromsunrise to sunset if the small lake is connected by a naturalchannel to a lake having a surface area of more than threehundred (300) acres.
(c) The commission may not establish a period that deviates fromthe period requested in the petition. However, the commission mayadopt rules to establish restrictions for the safe operation ofwatercraft if unusual conditions or hazards would otherwise result bygranting the exemption.
(d) The commission may adopt rules under IC 4-22-2 to rescindor amend an exemption granted under subsection (a) if:
(1) a majority of the abutting property owners of a small lakethat has been exempted under this section petitions thecommission in substantial accordance with the appropriatecorresponding requirements of subsection (f) to rescind theexemption; or
(2) the commission determines that because of the exemption:
(A) there is an unreasonable hazard to persons; or
(B) unreasonable harm to fish, wildlife, or botanicalresources is occurring.
(e) Before the adoption of a rule under subsection (a), thecommission must certify that the petition represents a majority of theabutting property owners. A determination under this subsection issubject to IC 4-21.5.
(f) A petition under this section must be in the following form:
To the State of Indiana
Department of Natural Resources
The undersigned, all owners of abutting property to (name oflake) and situated in ___________ County, Indiana, petition the
department to post time periods exempting (name of lake) fromspeed limits as specified in IC 14-15-3-10 as follows:
(Petition to specify one (1) of the time periods listed above.)
We certify that, according to land and water acreage maps on filewith the department or certified survey attached, (name of lake) isless than three hundred (300) acres and more than seventy (70) acres,as specified in IC 14-15-3 and that the signatures listed on thispetition represent a majority of bona fide property owners of abuttingproperty of (name of lake), as recorded in the office of the countyrecorder of (name of county). The department may verify the validityof the signatures. We also understand and agree that this petition,when certified, may not be changed or altered within two (2) yearsfrom the date of the certification.
______________________ _____________________
Signed Lake Property Address
_____________________
Date
As added by P.L.1-1995, SEC.8.
IC 14-15-3-12
Small lakes; rescission or amendment of exemption from speedlimit
Sec. 12. (a) A petition filed by a majority of the abutting propertyowners of a small lake continues in effect and may not be rescindedby a subsequent petition to amend, alter, or abolish for two (2) yearsfrom the date of certification of the last filed petition.
(b) To amend, alter, or abolish an existing certified petition amajority of the abutting property owners of the small lake mustpetition the department.
(c) The commission may adopt rules under IC 4-22-2 to rescindor amend an exemption granted under section 11 of this chapter if:
(1) a majority of the abutting property owners of a small lakethat has been exempted under section 11 of this chapterpetitions the commission in substantial accordance with theappropriate corresponding requirements of subsection (d) torescind the exemption; or
(2) the commission determines that because of the exemption:
(A) there is an unreasonable hazard to persons; or
(B) unreasonable harm to fish, wildlife, or botanicalresources is occurring.
(d) A petition under this section must be in the following form:
To the State of Indiana
Department of Natural Resources
The undersigned, all owners of abutting property to (name oflake) and situated in __________ County, Indiana, petition thedepartment to (amend) (abolish) an existing petition as follows:
(Insert desired action)
We certify that the signatures listed on this petition represent amajority of the bona fide property owners of abutting property of(name of lake), as recorded in the office of the county recorder of
(name of county). The county auditor of the county in which theproperty is located shall verify the validity of the signatures beforethe petition is presented to the department. We also understand andagree that this petition, superseding all existing and prior petitions,when certified, takes effect immediately, and a subsequent petitionmay not be filed for two (2) years from the date of certification.
________________
___________________
Signed
Lake Property Address
___________
Date
(e) Upon rescission of a prior petition, the department, as soon aspracticable, shall remove all existing postings on the lake.
(f) It is the intent of this section to avoid confusion to lake usersthat might result from frequent changes in posting and unnecessaryexpense to the department in erecting and removing postings moreoften than every two (2) years.
As added by P.L.1-1995, SEC.8.
IC 14-15-3-12.5
Effect of certain exemptions to motorboat speed limits
Sec. 12.5. Notwithstanding sections 10, 11, and 12 of this chapter,any exemption to the motorboat speed limit that was:
(1) granted by the department in response to a petition from amajority of abutting property owners; and
(2) in effect on August 31, 1985;
remains in effect. However, if a majority of abutting property ownerspetition the department to rescind or amend the exemption, thedepartment may rescind or amend the exemption.
As added by P.L.16-2009, SEC.22.
IC 14-15-3-13
Exemption from boat speed limits
Sec. 13. Notwithstanding any of the provisions of this chapter, aperson operating a boat competing in and during:
(1) a boat race;
(2) a water ski event; or
(3) any other organized boating activity;
over a fixed and marked course for which a permit has been issuedby the department under this article may attempt to attain any speedof which the boat is capable.
As added by P.L.1-1995, SEC.8. Amended by P.L.21-2005, SEC.1.
IC 14-15-3-14
Traffic rules
Sec. 14. A person operating a boat shall observe the followingtraffic rules when applicable:
(1) When two (2) boats are approaching each other "head andhead", or nearly so, each boat shall bear to the right and pass theother boat on the boat's left side.
(2) When two (2) boats are approaching each other obliquely or
at right angles, the boat on the right has the right-of-way.However, when:
(A) one (1) boat is under sail or is nonmotorized, the sailboator nonmotorized boat has the right-of-way; and
(B) two (2) boats are under sail or are nonmotorized, theboat on the right has the right-of-way.
(3) A boat operated on a river or a channel shall bear to theright.
(4) A boat may overtake and pass another boat on either side ifthe passing can be done with safety and within the assured cleardistance ahead, but the boat overtaken has the right-of-way.
(5) A boat leaving a dock, a pier, a wharf, or the shore has theright-of-way over all boats approaching the dock, pier, wharf,or shore.
As added by P.L.1-1995, SEC.8. Amended by P.L.69-2009, SEC.3.
IC 14-15-3-15
Hazardous wake or wash prohibited
Sec. 15. A person operating a motorboat may not approach or passanother 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 swimmersprohibited
Sec. 16. A person may not operate a motorboat in a circularcourse 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.
IC 14-15-3-17
Minimum distance from shore lines
Sec. 17. (a) A person operating a motorboat may not approach orpass within two hundred (200) feet of the shore line of a lake orchannel of the lake at a place or point where the lake or channel is atleast five hundred (500) feet in width, except for the purpose oftrolling or for the purpose of approaching or leaving a dock, pier, orwharf or the shore of the lake or channel.
(b) Except as provided in subsection (c), a person operating amotorboat may not approach or pass within two hundred (200) feetof the shore line of a lake or channel of the lake at a speed greaterthan idle speed.
(c) This subsection applies to lakes formed by hydroelectric damsin a county having a population of:
(1) more than twenty-five thousand (25,000) but less thantwenty-five thousand five hundred (25,500); or (2) more than twenty thousand (20,000) but less than twentythousand three hundred (20,300).
A person operating a motorboat may not approach or pass withinfifty (50) feet of the shore line at a speed greater than idle speed.However, on tributaries of lakes described in this subsection that areformed by hydroelectric dams, a person operating a motor boat maynot approach or pass within two hundred (200) feet of the shore lineof the tributary at a speed greater than idle speed. For the purposesof this chapter, tributaries on lakes formed by hydroelectric dams donot 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.
IC 14-15-3-18
Adoption of rules regarding state or federally financed lakes andreservoirs
Sec. 18. (a) The department may adopt rules under IC 4-22-2 to:
(1) establish speed limits for watercraft; and
(2) prescribe areas for special use;
on those lakes and reservoirs financed either wholly or in part withstate or federal money.
(b) The rules adopted under subsection (a) may do the following:
(1) Establish zoning of lakes for the protection of users.
(2) Establish quiet areas in which the use of watercraft may belimited or prohibited for the purposes of fish and wildlifemanagement.
(3) Provide that special use areas be marked with buoys andmarking devices approved by the United States Coast Guard.
(c) A rule adopted under subsection (a) may not interfere with,prohibit, or deprive owners of land adjoining or abutting upon thelakes or reservoirs and their guests of access, ingress, and egress tothe land by means of motorized watercraft.
As added by P.L.1-1995, SEC.8.
IC 14-15-3-19
Applicability of chapter to towed persons or objects
Sec. 19. Provisions of this chapter concerning the operation ofboats or motorboats apply as follows:
(1) Whether or not the boat or motorboat is towing a water ski,a watersled, an aquaplane, or a similar object, including aperson on the water ski, watersled, aquaplane, or similar object.
(2) To each object and person.
As added by P.L.1-1995, SEC.8.
IC 14-15-3-20
Towing of persons or objects
Sec. 20. A person operating a motorboat may not tow a water ski,a watersled, an aquaplane, or a similar object, including a person onthe 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 theobject or person towed; and
(2) the person operating the boat is giving the person's entireattention to the operation of the boat.
As added by P.L.1-1995, SEC.8.
IC 14-15-3-21
Unnecessary sounding of whistle or horn
Sec. 21. (a) A person operating or occupying a boat may notsound a whistle or horn when:
(1) the passage of the boat is clear and without danger; or
(2) a warning signal is not necessary to prevent injury to personor property.
(b) Unnecessary sounding of a whistle or horn is:
(1) a public nuisance; and
(2) prohibited.
As added by P.L.1-1995, SEC.8.
IC 14-15-3-22
Sirens
Sec. 22. A person other than a law enforcement officer may notoperate or sound a siren.
As added by P.L.1-1995, SEC.8.
IC 14-15-3-23
Load beyond safe carrying capacity
Sec. 23. A person may not operate a boat that is loaded withpassengers or cargo beyond the boat's safe carrying capacity, havingdue regard for the following:
(1) The type, construction, and condition or state of repair ofthe boat.
(2) The conditions and hazards, actual and potential, thenexisting, including weather and density of traffic.
As added by P.L.1-1995, SEC.8.
IC 14-15-3-24
Occupants on gunwales or bow decking prohibited
Sec. 24. (a) A person operating a motorboat may not permit anoccupant to sit, stand, or lie on the gunwales.
(b) A person operating a motorboat less than twenty-one (21) feetin length may not permit an occupant to sit, stand, or lie on the bowdecking 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.
IC 14-15-3-25
Mooring to or tampering with navigational aids Sec. 25. A person may not:
(1) moor or attach a boat to; or
(2) move, remove, displace, tamper with, damage, or destroy;
a buoy, beacon, light marker, stake, flag, or other aid to safeoperation placed upon public water by or by others under theauthority of the United States or the state.
As added by P.L.1-1995, SEC.8.
IC 14-15-3-26
Anchoring so as to interfere with traffic
Sec. 26. A person may not anchor a boat in the traveled part of ariver or channel so as to:
(1) prevent;
(2) impede; or
(3) interfere with;
the safe passage of another boat through the river or channel.
As added by P.L.1-1995, SEC.8.
IC 14-15-3-27
Boat races
Sec. 27. A person may not participate or compete in a boat raceunless:
(1) the race is over a fixed and marked course; and
(2) a permit for the race has been issued by the departmentunder this article.
As added by P.L.1-1995, SEC.8.
IC 14-15-3-28
Permitting unlawful operation
Sec. 28. A person who is:
(1) the owner of a boat;
(2) in possession of a boat; or
(3) entitled to the possession of a boat, whether by reason oflegal title, lease, license, rental arrangement, lease with optionto purchase, contract of conditional sale, or otherwise;
may not authorize or knowingly permit a person to operate the boatupon public water in violation of this article.
As added by P.L.1-1995, SEC.8.
IC 14-15-3-29
Unauthorized possession or operation
Sec. 29. A person may not:
(1) take possession of;
(2) assume control of; or
(3) operate upon public water;
a boat of which any other person is entitled to the possession,whether by reason of legal title, lease, license, rental arrangement,lease with option to purchase, contract of conditional sale, orotherwise, without the prior express consent of the other person.
As added by P.L.1-1995, SEC.8.
IC 14-15-3-30
Abandoned watercraft
Sec. 30. (a) A person may not abandon a watercraft at any time onIndiana water. A watercraft found unattended in a sunken, beached,or drifting condition is considered to have been abandoned by theowner. In the interest of public safety, such a watercraft may beremoved and impounded for safekeeping and disposal in accordancewith the following:
(1) Abandoned watercraft may be impounded by any lawenforcement officer of the department when located on publicwater.
(2) The owner of an impounded watercraft, if determined andlocated, shall be notified. The owner may redeem the boat bypayment of the storage fee, if any, plus any expenses incurredby the department in the removal of the watercraft.
(3) If the owner of an impounded watercraft cannot be found,the impounded watercraft shall be held at a place of safekeepingfor at least ninety (90) days.
(4) A watercraft unclaimed by the owner at the expiration of theperiod prescribed by subdivision (3) shall be destroyed or soldat public auction.
(5) All money received from the sale at public auction of awatercraft under subdivision (4) shall be deposited in the fishand wildlife fund.
(b) The department and the department's employees are not liablefor any damages caused by an abandoned watercraft or incurred tothe watercraft during or after the removal of the watercraft frompublic water.
As added by P.L.1-1995, SEC.8.
IC 14-15-3-31
Violations
Sec. 31. (a) Except as provided in subsection (b), a person whoviolates this chapter commits a Class C infraction.
(b) A person who violates section 6 of this chapter commits aClass C misdemeanor.
As added by P.L.1-1995, SEC.8.