41-13-101. Definitions; classification of motorboats.
(a) As used in this act:
(i) "Commission" means the Wyoming game and fishcommission;
(ii) "Department" means the Wyoming game and fishdepartment;
(iii) "Motorboat" means any watercraft propelled in anyrespect by propulsion machinery powered by an energy source other than humaneffort;
(iv) "Operate" means to navigate or otherwise use a watercraft;
(v) "Owner" means a person having the property in ortitle to a motorboat excluding a lienholder or a lessee under a lease notintended as security;
(vi) "Safety equipment" includes personal flotationdevices, towing and bailing devices, paddles, fire extinguishers and navigationlights, backfire flame arresters, whistles or other sound producing devices andventilation systems;
(vii) "Watercraft" means any contrivance used ordesigned primarily for navigation on water;
(viii) "Waters of this state" means any waters withinthe jurisdiction of Wyoming;
(ix) "This act" means W.S. 41-13-101 through41-13-220.
(b) Motorboats subject to the provisions of this act shall bedivided into four (4) classes as follows:
(i) Class A. Less than sixteen (16) feet in length;
(ii) Class B. Sixteen (16) feet or over and less than twenty-six(26) feet in length;
(iii) Class C. Twenty-six (26) feet or over and less than forty(40) feet in length;
(iv) Class D. Forty (40) feet or over.
41-13-102. Motorboat certificate of number required.
(a) Except as provided by W.S. 41-13-103, all motorboatspowered by propulsion machinery of any type and operated on the waters of thisstate shall be numbered.
(b) No person shall operate nor shall the owner permit theoperation of any motorboat unless:
(i) The motorboat is numbered in accordance with this act,applicable federal law or a federally approved numbering system of anotherstate;
(ii) The certificate of number issued for the motorboat is infull force and effect; and
(iii) The identifying number set forth in the certificate ofnumber is displayed on each side of the bow of the motorboat.
41-13-103. Motorboats to be numbered; exempt motorboats.
(a) A motorboat shall not be required to be numbered under thisact if it is:
(i) Already covered by a number in full force and effect whichhas been awarded to it pursuant to federal law or a federally approvednumbering system of another state. Provided, that such boat shall not have beenwithin this state for a period in excess of ninety (90) consecutive days;
(ii) Presently numbered under the rules of the department untilthe present registration expires and provided further, that present coast guardnumbers shall be specifically recognized for their duration or until thecertificate expires, whichever is first;
(iii) A motorboat whose owner is the United States, a state or asubdivision thereof, but such ownership must be visibly evident;
(iv) A motorboat belonging to a class of boats which has beenexempted from numbering by the department after said agency has found that thenumbering of motorboats of such class will not materially aid in theiridentification; and, if an agency of the federal government has a numberingsystem applicable to the class of motorboats to which the motorboat in questionbelongs, after the department has further found that the motorboat would alsobe exempt from numbering if it were subject to the federal law.
41-13-104. Application for certificate; issuance of certificate andassignment of number; conformity with federal numbering system; expiration andrenewal of certificate; transfer of ownership; duplicate certificate;manufacturer and dealer certificates.
(a) The owner of each motorboat requiring numbering by thisstate shall apply for a number with the department or any place selling gameand fish licenses on forms approved by the department. The application shall besigned by the owner and accompanied by the fee required by W.S. 41-13-109. Atthe time of application, the applicant shall also present proof in a formapproved by the department of revenue that all sales or use tax due on themotorboat have been paid. Any person who knowingly presents a false orfraudulent statement of proof is subject to the provisions of W.S. 6-5-303, inaddition to any penalties and interest due for nonpayment of sales or use taxon the motorboat. Upon receipt of the application in approved form thedepartment shall issue to the applicant a certificate of number stating thenumber awarded to the motorboat and the name and address of the owner. Theowner shall paint on or attach to each side of the bow of the motorboat theidentification number in such manner as may be prescribed by rules andregulations of the commission in order that it may be completely visible. Thenumber shall be maintained in legible condition. The certificate of numbershall be pocket size and shall be available at all times for inspection on themotorboat for which issued, wherever the motorboat is operated. If anymotorboat is rented for less than one (1) day, the owner or his designee mayretain the certificate of number on shore if the certificate is readilyavailable for inspection.
(b) The owner of any motorboat for which a current certificateof number has been issued pursuant to any federal law or a federally approvednumbering system of another state shall, if the motorboat remains in this statein excess of ninety (90) consecutive days and is operated on the waters of thisstate at any time during this ninety (90) day period, apply for a certificateof number in the manner prescribed in subsection (a) of this section.
(c) In the event that an agency of the United States governmentshall have in force an overall system of identification numbering formotorboats within the United States, the numbering system employed pursuant tothis act by the department shall be in conformity therewith.
(d) The department may award any certificate of number directlyor through authorized agents. Numbers and certificates awarded by authorizedagents in conformity with this act and with rules and regulations of thecommission are valid as if awarded directly by the department.
(e) All records of the department made or kept pursuant to thissection shall be public records.
(f) Each certificate of number issued under this act expires onDecember 31 of the last year of valid registration under the certificate unlesssooner terminated or discontinued under this act. A duplicate number may beobtained by an owner upon application to the department, which may requirepayment of a fee of not more than five dollars ($5.00). Certificates of numbermay be renewed by the owner in the same manner provided under this act forobtaining initial certification.
(g) The owner of any motorboat shall within fifteen (15) daysnotify the department if such motorboat is destroyed or abandoned, or if hisaddress no longer conforms to the address appearing on the certificate ofnumber. In all such cases, the notice shall be accompanied by a surrender ofthe certificate of number. When the surrender of the certificate is by reasonof the motorboat being destroyed or abandoned, the department shall cancel thecertificate and enter such fact in its records. If the surrender is by reasonof a change of address on the part of the owner, the new address shall beendorsed on the certificate and the latter returned to the owner.
(h) The purchaser of a motorboat may operate the motorboat forthirty (30) calendar days from the date of purchase without a new certificateof number if upon demand by a person authorized to enforce this act, the newowner can furnish proof of ownership and the date the motorboat was acquired. Upontransfer of ownership of a motorboat, the current certificate of number may betransferred to the new owner upon application to the department. Application bythe new owner shall include his name, address and the certificate of number ofthe motorboat, together with payment of the registration fee prescribed by W.S.41-13-109 and presentation of proof of transfer. Upon receipt of applicationand fee, the department shall transfer the certificate of number issued for themotorboat to the new owner. Unless the application is made and fee paid withinthirty (30) days, the motorboat is without certificate of number and no personshall operate the motorboat until a certificate is issued.
(j) No number other than the number awarded to a motorboat orgranted reciprocity pursuant to this act shall be painted, attached, orotherwise displayed on either side of the bow of such motorboat.
(k) If any certificate of number is lost, mutilated or becomesillegible, the owner of the motorboat for which the certificate was issued mayobtain a duplicate certificate upon application to the department. Thedepartment may set and collect payment of a fee for a duplicate certificate notto exceed five dollars ($5.00).
(m) A person engaged in the manufacture or sale of motorboatsmay, upon application to the department in the manner and on forms prescribedby rule and regulation, obtain certificates of number for use in the testing ordemonstrating of these motorboats. The fee for each registration under thissubsection shall be fifteen dollars ($15.00). The numbers assigned bycertificates of number issued under this subsection shall be temporarily placedon the watercraft to be tested or demonstrated.
41-13-105. Watercraft accidents or collisions; duty to render aid;reportable accidents; operators required to report; accident investigation;seizure of watercraft.
(a) The operator of a watercraft involved in a collision,accident or other casualty, so far as he can do so without serious danger tohis own watercraft, crew, passengers and guests, shall render to other personsaffected by the collision, accident or other casualty such assistance as may bepracticable and as may be necessary in order to save them from or minimize anydanger caused by the collision, accident or other casualty. The operator shallgive his name, address and identification of his watercraft to any personinjured and to the owner of any property damaged in the collision, accident orother casualty.
(b) If a collision, accident or other casualty involving awatercraft results in death or injury to a person requiring medical treatmentbeyond first aid, the disappearance of any person from the watercraft undercircumstances which indicate the possibility of death or injury, or damage toproperty in excess of five hundred dollars ($500.00), the watercraft operatorshall immediately provide notice of the accident to any Wyoming law enforcementagency or peace officer of this state. For purposes of this section, accidentsinclude capsizing, flooding, fire, explosion, disappearance of the watercraftother than by theft and all collision accidents involving other watercraft orfixed or floating objects.
(c) The operator of any watercraft involved in a reportablewatercraft accident as defined under subsection (b) of this section shallimmediately provide notice of the accident to any Wyoming law enforcementagency or peace officer. If a watercraft operator is not able to provide noticeunder this subsection, another adult person on the watercraft at the time ofthe accident may provide the required notice. Notice under this subsectionshall to the extent reasonably known, contain the following information:
(i) For each watercraft involved in the accident, theidentifying number assigned by the certificate of number issued to thewatercraft;
(ii) The location, time and date of the accident;
(iii) The name, address and age of the operator of eachwatercraft involved in the accident;
(iv) If not operating the watercraft at the time of theaccident, the name and address of the watercraft owner;
(v) The name and address of any person injured, killed ormissing as a result of the accident;
(vi) The nature and extent of each injury resulting from theaccident;
(vii) A description of any property damage resulting from theaccident;
(viii) The name and address of any passengers on the watercraft atthe time of the accident.
(d) In addition to subsection (c) of this section, the watercraftoperator shall within ten (10) days after the date of the accident, file withthe department a full description of the collision, accident or other casualty.The report required under this subsection shall be submitted on a boatingaccident report form approved by the department and obtained from theinvestigating law enforcement agency or peace officer. The department shallprovide forms required under subsection (c) of this section and this subsectionto the appropriate law enforcement agencies and peace officers. The reportshall not be referred to in any way and shall not be used as evidence in anyjudicial proceeding.
(e) If the cause of any reportable watercraft accident asdefined under subsection (b) of this section cannot be immediately determinedduring the investigation of the accident by the appropriate peace officer orlaw enforcement agency and the watercraft is necessary for investigativepurposes, the officer or agency may temporarily seize and hold any watercraftinvolved in the accident.
41-13-106. Accident report information to federal government.
Uponthe request of an authorized official or agency of the United States, anyinformation compiled or otherwise available to the department pursuant to W.S.41-13-105 shall be transmitted to the requesting official or agency.
41-13-107. Political subdivisions not to number watercraft.
Thisact governs the numbering and registration of watercraft on the waters of thisstate. All other political subdivisions of this state are expressly prohibitedfrom numbering watercraft in any respect.
41-13-108. Publication and distribution of regulations.
Acopy of the regulations adopted pursuant to this act, and of any amendmentsthereto, shall be published by the department in a convenient form and a copyshall be distributed with each registration.
41-13-109. Motorboat registration fee.
(a) The nonrefundable and nontransferable registration fee formotorboats is:
(i) Fifteen dollars ($15.00) for one (1) year; or
(ii) Forty dollars ($40.00) for three (3) years.
(b) In addition to the fee under subsection (a) of thissection, persons registering a motorboat in Wyoming may pay a fee of one dollar($1.00) to fund search and rescue activities. Motorboat registration formsshall contain information about the voluntary fee under this subsection.
41-13-110. Disposition of registration fees.
(a) Except as provided under subsection (b) of this section,all registration fees received under this act shall be deposited in the statetreasury to the credit of the game and fish fund to be used for administrationand enforcement of this act. The department may receive funds and propertyunder federal assistance programs. Any monies in excess of administration andenforcement expenses shall be used to promote boating safety, boating safetyeducation and for the construction of boating facilities for the generalpublic.
(b) All fees received under W.S. 41-13-109(b) shall bedeposited in the state treasury to the credit of the search and rescue accountcreated by W.S. 19-13-301(a).
41-13-111. Prohibited acts; penalties.
(a) No person shall intentionally or knowingly deface, alter,remove or destroy a vessel hull identification number (HIN) or an engine oroutboard motor serial number.
(b) No person shall intentionally or knowingly provide falseinformation in a report required pursuant to W.S. 41-13-105(c).
(c) Any person who fails to register and affix an assignedregistration number to a motorboat as required by this act, operates anunregistered or unnumbered motorboat unless authorized by this act or fails toreport a watercraft accident as required by W.S. 41-13-105 is guilty of amisdemeanor and shall be fined not more than one hundred dollars ($100.00) foreach violation.
ARTICLE 2 - OPERATION; EQUIPMENT
41-13-201. Repealed by Laws 1979, ch. 112, 2.
41-13-202. Provisions applicable to all watercraft in state;supplemental to federal laws and regulations.
Theprovisions of this act shall be applicable to all watercraft operating on allof the waterways of this state. The provisions of this act shall be construedto supplement federal laws and regulations when not expressly inconsistenttherewith on all waterways where such federal laws and regulations areapplicable.
41-13-203. Careless operation defined.
Anyperson who operates any watercraft in a careless or heedless manner so as to beindifferent to the person or property of another person, or at a rate of speedgreater than will permit him in the exercise of reasonable care to bring thewatercraft to a stop within the assured clear distance ahead, is guilty of thecrime of careless operation.
41-13-204. Reckless operation defined.
Anyperson who shall operate any watercraft in such a manner as to endanger thelife or limb, or damage the property of, another person, shall be guilty of thecrime of reckless operation.
41-13-206. Operation of watercraft by intoxicated or drugged personprohibited.
(a) As used in this section:
(i) "Alcohol concentration" means as defined in W.S.31-5-233(a)(i);
(ii) "Controlled substance" includes:
(A) Any drug or substance defined by W.S. 35-7-1002(a)(iv);
(B) Any glue, aerosol or other toxic vapor which whenintentionally inhaled or sniffed results in impairment of an individual'sability to safely operate a watercraft.
(b) No owner of any watercraft or person having charge orcontrol of a watercraft shall authorize or knowingly permit it to be operatedby any person who is under the influence of alcohol, a controlled substance orcombination thereof in violation of subsection (c) of this section.
(c) No person shall operate or be in actual physical control ofa watercraft if the person:
(i) To a degree which renders him incapable of safely operatinga watercraft:
(A) Is under the influence of alcohol;
(B) Is under the influence of a controlled substance; or
(C) Is under the influence of a combination of the elementsnamed in subparagraphs (A) and (B) of this paragraph.
(ii) Has an alcohol concentration of ten one-hundredths of onepercent (0.10%) or more; or
(iii) Has an alcohol concentration of ten one-hundredths of onepercent (0.10%) or more as measured within three (3) hours of the time ofoperation or actual physical control.
(d) In any criminal prosecution for a violation of this sectionrelating to operating or being in actual physical control of a watercraft whileunder the influence of alcohol, the amount of alcohol in the defendant's bloodat the time alleged as shown by chemical analysis of the defendant's blood,urine, breath or other bodily substance shall give rise to the followingpresumptions:
(i) If there was at that time an alcohol concentration of fiveone-hundredths of one percent (0.05%) or less, it shall be presumed that thedefendant was not under the influence of alcohol;
(ii) If there was at that time an alcohol concentration of morethan five one-hundredths of one percent (0.05%) and less than tenone-hundredths of one percent (0.10%), that fact shall not give rise to anypresumption that the defendant was or was not under the influence of alcohol,but it may be considered with other competent evidence in determining the guiltor innocence of the defendant.
(e) Nothing in subsection (d) of this section shall beconstrued as limiting the introduction of any other competent evidence bearingupon the question of whether or not the defendant was under the influence ofalcohol, including tests obtained more than three (3) hours after the allegedviolation. The fact that any person charged with a violation of subsection (c)of this section is or has been entitled to use the controlled substance underthe laws of this state shall not constitute a defense against any charge underthis section. It is an affirmative defense to a violation of paragraph (c)(iii)of this section that the defendant consumed a sufficient quantity of alcoholafter the time of actual operation or physical control of a watercraft andbefore the administration of the evidentiary test to cause the defendant'salcohol concentration to exceed ten one-hundredths of one percent (0.10%) butevidence of the consumption may not be admitted unless notice is given to theprosecution pursuant to Rule 12.1 of the Wyoming Rules of Criminal Procedure.
(f) Repealed by Laws 1989, ch. 119, 3.
(g) Nothing in this section shall be construed to authorize aviolation of the Wyoming controlled substances act.
41-13-207. Operation of watercraft by person under disabilityprohibited.
Itshall be unlawful for the owner of any watercraft or any person having such incharge or in control to authorize or knowingly permit the same to be operatedby any person who by reason of physical or mental disability is incapable ofoperating such watercraft under the prevailing circumstances.
41-13-208. Overloading prohibited.
Watercraftshall not be loaded with passengers or cargo beyond its safe carrying capacityas stated on the capacity plate and affixed to the watercraft by themanufacturer, taking into consideration weather and other existing operatingconditions. Capacity plates shall not be removed or altered.
(a) No watercraft shall be equipped with any motor or otherpropulsion machinery that has a horsepower rating exceeding the maximum statedon the capacity plate approved and issued by the United States coast guard andaffixed to the watercraft by the manufacturer.
(b) Motorboats shall be equipped, maintained and operated toprevent excessive or unusually loud noise and shall at all times be equippedwith a muffler or shall use another method of noise suppression in good workingorder and in constant operation. No person shall operate or allow the operationof any motorboat equipped with an altered muffler or muffler cutout, bypass orother devise designed or installed to continually or intermittently bypass orotherwise reduce or eliminate the effectiveness of any muffler or mufflersystem.
(c) Subsection (b) of this section shall not apply tomotorboats competing in or while on trials of an approved race or regatta norin areas designated by the game and fish department.
41-13-210. Riding on gunwales or bow decking prohibited; exceptions.
Noperson operating a motorboat shall allow any person to ride or sit on eitherthe starboard or port gunwales thereof or on the decking over the bow of thevessel while underway unless such motorboat is provided with adequate guards orrailing to prevent passengers from being lost overboard. Nothing in thissection shall be construed to mean that passengers or other persons aboard amotorboat cannot occupy the decking over the bow of the boat to moor thewatercraft to a mooring buoy or to cast off from such a buoy, or for any othernecessary purpose.
41-13-211. Buoys and markers; operation in marked restricted areasprohibited; exceptions.
(a) The commission shall regulate the type and use ofwatercraft on the waters of the state and the placement of buoys, markers orregulatory signs necessary to provide for the safety and welfare of the public.Watercraft operators shall operate watercraft in accordance with restrictionsand regulations specified on the buoys, markers or signs. No waterway markerregulating watercraft use shall be placed on, in or near the waters of thestate unless approval has been obtained in accordance with commission regulations.
(b) No person shall operate a watercraft on any water or withina water area which has been designated in accordance with commission regulationas a restricted area. This section does not apply in the case of an emergency,or to patrol or rescue craft.
(c) No person shall tie-off, moor or attach any watercraft toany regulatory buoy or waterway marking device.
41-13-212. Motorboat pulling skier to be occupied by at least 2persons; hours of operation; use of care; exceptions.
(a) No motorboat which shall have in tow or shall be otherwiseassisting a person on water skis, aquaplane or similar contrivance, shall beoperated or propelled in or upon any waterway, unless such motorboat shall beoccupied by at least two (2) persons. Provided, that this subsection shall notapply to motorboats used by representatives of duly constituted water skischools in the giving of instruction, or to motorboats used in duly authorizedwater ski tournaments, competitions, expositions, or trials therefor, or to anymotorboat equipped with a wide angle rear view mirror.
(b) No motorboat shall have in tow or shall otherwise beassisting a person on water skis, aquaplane or similar contrivance from theperiod of one (1) hour after sunset to one (1) hour prior to sunrise. Provided,that this subsection shall not apply to motorboats used in duly authorizedwater ski tournaments, competitions, expositions, or trials therefor.
(c) All motorboats having in tow or otherwise assisting aperson on water skis, aquaplane or similar contrivance, shall be operated in acareful and prudent manner at a reasonable distance from persons and propertyso as not to endanger the life or property of any person.
(d) No person shall operate or manipulate any vessel, tow ropeor other device by which the direction or location of water skis, aquaplane, orsimilar device may be affected or controlled in such a way as to cause thewater skis, aquaplane, or similar device, or any person thereon to collide withor strike against any person or object, other than a jumping ramp or inconjunction with skiing over a slalom course.
(e) The person required to be in a motorboat under subsection(a) of this section who is not operating the motorboat shall:
(i) Continuously observe the person being towed.
41-13-213. Safety equipment required.
Allwatercraft shall carry or be equipped with safety equipment as prescribed bycommission regulation. The commission may also require every person riding onwatercraft operating on specified waters to wear commission approved safetyequipment.
41-13-214. Repealed by Laws 1979, ch. 112, 2.
41-13-215. Enforcement.
(a) The game and fish department law enforcement officers andany other peace officers of the state or any of its political subdivisionsotherwise authorized by law may enforce this act and rules and regulations ofthe commission.
(b) For purposes of this section, any game and fish departmentlaw enforcement officer and any other peace officer may:
(i) Stop, halt, inspect or board any watercraft;
(ii) If there is probable cause to believe a watercraft andassociated trailer are stolen, seize the watercraft and associated trailer. Adefaced, altered, removed or destroyed vessel hull identification number (HIN)is prima facia evidence that the watercraft and trailer are stolen.
41-13-216. Penalties for violations; suspension of privilege tooperate; operating while privilege suspended.
(a) Any person who violates or fails to comply with W.S.41-13-207 through 41-13-212, 41-13-219 or 41-13-220(b) is guilty of amisdemeanor punishable by a fine of not more than two hundred dollars($200.00), imprisonment for not more than thirty (30) days, or both, and may berefused the privilege of operating any watercraft on any of the waterways ofthis state for not more than two (2) years. Any person who violates W.S.41-13-105, 41-13-111(a) or (b), 41-13-203, 41-13-204, 41-13-206 or 41-13-220(a)is guilty of a misdemeanor punishable by a fine of not more than seven hundredfifty dollars ($750.00), imprisonment for not more than six (6) months, orboth, and may be refused the privilege of operating any watercraft on any ofthe waterways of this state for not more than two (2) years.
(b) Any person who violates or fails to comply with anyprovision of this act for which no separate penalty is provided or a valid ruleor regulation of the commission is guilty of a misdemeanor and shall be finednot more than one hundred dollars ($100.00).
(c) Any person who operates any watercraft during the periodwhen he has been denied this privilege under subsection (a) of this section isguilty of a misdemeanor and upon conviction shall be fined not more than sevenhundred fifty dollars ($750.00), imprisoned not more than six (6) months, orboth, and may be refused the privilege of operating any watercraft on any ofthe waterways of this state for not more than two (2) years.
41-13-217. Races or regattas.
Thecommission may regulate the holding of regattas, motorboat or other boat races,marine parades, tournaments or exhibitions. It shall adopt regulationsconcerning the safety of motorboats and other vessels and persons thereon,either observers or participants. Whenever a regatta, motorboat or other boatrace, tournament or exhibition is proposed to be held, the person in charge, atleast thirty (30) days prior thereto, shall file an application with thedepartment for permission to hold the regatta, motorboat or other boat race,marine events, tournament or exhibition. The application shall set forth thedate, time and location of the proposed event and such other information as thecommission may by regulation require.
41-13-218. Regulations.
Thecommission shall promulgate rules and regulations necessary to carry out theprovisions of this act.
41-13-219. Age of operator of motorboat.
Noperson shall operate or be in actual physical control of a motorboat requiredto be numbered on the waters in this state unless he is at least sixteen (16)years of age or is accompanied by an adult. No person shall knowingly permitthe operation of a numbered motorboat on the waters of this state by a personunder sixteen (16) years of age who is not accompanied by an adult.
41-13-220. Eluding an officer; emergency watercraft equipmentrestricted.
(a) Any person operating a watercraft shall upon observing avisual or hearing an audible signal from a law enforcement officer enforcingthis act and rules and regulations of the commission, bring the watercraft toan immediate stop. No person, after observing a visual or hearing an audiblesignal from a law enforcement officer enforcing this act and rules andregulations of the commission, shall attempt to elude a law enforcement officerby watercraft or any other means.
(b) Red or blue rotating or flashing lights shall not bedisplayed and sirens shall not be used on watercraft except as authorized forwatercraft operated or used by law enforcement and emergency watercraft.
41-13-101. Definitions; classification of motorboats.
(a) As used in this act:
(i) "Commission" means the Wyoming game and fishcommission;
(ii) "Department" means the Wyoming game and fishdepartment;
(iii) "Motorboat" means any watercraft propelled in anyrespect by propulsion machinery powered by an energy source other than humaneffort;
(iv) "Operate" means to navigate or otherwise use a watercraft;
(v) "Owner" means a person having the property in ortitle to a motorboat excluding a lienholder or a lessee under a lease notintended as security;
(vi) "Safety equipment" includes personal flotationdevices, towing and bailing devices, paddles, fire extinguishers and navigationlights, backfire flame arresters, whistles or other sound producing devices andventilation systems;
(vii) "Watercraft" means any contrivance used ordesigned primarily for navigation on water;
(viii) "Waters of this state" means any waters withinthe jurisdiction of Wyoming;
(ix) "This act" means W.S. 41-13-101 through41-13-220.
(b) Motorboats subject to the provisions of this act shall bedivided into four (4) classes as follows:
(i) Class A. Less than sixteen (16) feet in length;
(ii) Class B. Sixteen (16) feet or over and less than twenty-six(26) feet in length;
(iii) Class C. Twenty-six (26) feet or over and less than forty(40) feet in length;
(iv) Class D. Forty (40) feet or over.
41-13-102. Motorboat certificate of number required.
(a) Except as provided by W.S. 41-13-103, all motorboatspowered by propulsion machinery of any type and operated on the waters of thisstate shall be numbered.
(b) No person shall operate nor shall the owner permit theoperation of any motorboat unless:
(i) The motorboat is numbered in accordance with this act,applicable federal law or a federally approved numbering system of anotherstate;
(ii) The certificate of number issued for the motorboat is infull force and effect; and
(iii) The identifying number set forth in the certificate ofnumber is displayed on each side of the bow of the motorboat.
41-13-103. Motorboats to be numbered; exempt motorboats.
(a) A motorboat shall not be required to be numbered under thisact if it is:
(i) Already covered by a number in full force and effect whichhas been awarded to it pursuant to federal law or a federally approvednumbering system of another state. Provided, that such boat shall not have beenwithin this state for a period in excess of ninety (90) consecutive days;
(ii) Presently numbered under the rules of the department untilthe present registration expires and provided further, that present coast guardnumbers shall be specifically recognized for their duration or until thecertificate expires, whichever is first;
(iii) A motorboat whose owner is the United States, a state or asubdivision thereof, but such ownership must be visibly evident;
(iv) A motorboat belonging to a class of boats which has beenexempted from numbering by the department after said agency has found that thenumbering of motorboats of such class will not materially aid in theiridentification; and, if an agency of the federal government has a numberingsystem applicable to the class of motorboats to which the motorboat in questionbelongs, after the department has further found that the motorboat would alsobe exempt from numbering if it were subject to the federal law.
41-13-104. Application for certificate; issuance of certificate andassignment of number; conformity with federal numbering system; expiration andrenewal of certificate; transfer of ownership; duplicate certificate;manufacturer and dealer certificates.
(a) The owner of each motorboat requiring numbering by thisstate shall apply for a number with the department or any place selling gameand fish licenses on forms approved by the department. The application shall besigned by the owner and accompanied by the fee required by W.S. 41-13-109. Atthe time of application, the applicant shall also present proof in a formapproved by the department of revenue that all sales or use tax due on themotorboat have been paid. Any person who knowingly presents a false orfraudulent statement of proof is subject to the provisions of W.S. 6-5-303, inaddition to any penalties and interest due for nonpayment of sales or use taxon the motorboat. Upon receipt of the application in approved form thedepartment shall issue to the applicant a certificate of number stating thenumber awarded to the motorboat and the name and address of the owner. Theowner shall paint on or attach to each side of the bow of the motorboat theidentification number in such manner as may be prescribed by rules andregulations of the commission in order that it may be completely visible. Thenumber shall be maintained in legible condition. The certificate of numbershall be pocket size and shall be available at all times for inspection on themotorboat for which issued, wherever the motorboat is operated. If anymotorboat is rented for less than one (1) day, the owner or his designee mayretain the certificate of number on shore if the certificate is readilyavailable for inspection.
(b) The owner of any motorboat for which a current certificateof number has been issued pursuant to any federal law or a federally approvednumbering system of another state shall, if the motorboat remains in this statein excess of ninety (90) consecutive days and is operated on the waters of thisstate at any time during this ninety (90) day period, apply for a certificateof number in the manner prescribed in subsection (a) of this section.
(c) In the event that an agency of the United States governmentshall have in force an overall system of identification numbering formotorboats within the United States, the numbering system employed pursuant tothis act by the department shall be in conformity therewith.
(d) The department may award any certificate of number directlyor through authorized agents. Numbers and certificates awarded by authorizedagents in conformity with this act and with rules and regulations of thecommission are valid as if awarded directly by the department.
(e) All records of the department made or kept pursuant to thissection shall be public records.
(f) Each certificate of number issued under this act expires onDecember 31 of the last year of valid registration under the certificate unlesssooner terminated or discontinued under this act. A duplicate number may beobtained by an owner upon application to the department, which may requirepayment of a fee of not more than five dollars ($5.00). Certificates of numbermay be renewed by the owner in the same manner provided under this act forobtaining initial certification.
(g) The owner of any motorboat shall within fifteen (15) daysnotify the department if such motorboat is destroyed or abandoned, or if hisaddress no longer conforms to the address appearing on the certificate ofnumber. In all such cases, the notice shall be accompanied by a surrender ofthe certificate of number. When the surrender of the certificate is by reasonof the motorboat being destroyed or abandoned, the department shall cancel thecertificate and enter such fact in its records. If the surrender is by reasonof a change of address on the part of the owner, the new address shall beendorsed on the certificate and the latter returned to the owner.
(h) The purchaser of a motorboat may operate the motorboat forthirty (30) calendar days from the date of purchase without a new certificateof number if upon demand by a person authorized to enforce this act, the newowner can furnish proof of ownership and the date the motorboat was acquired. Upontransfer of ownership of a motorboat, the current certificate of number may betransferred to the new owner upon application to the department. Application bythe new owner shall include his name, address and the certificate of number ofthe motorboat, together with payment of the registration fee prescribed by W.S.41-13-109 and presentation of proof of transfer. Upon receipt of applicationand fee, the department shall transfer the certificate of number issued for themotorboat to the new owner. Unless the application is made and fee paid withinthirty (30) days, the motorboat is without certificate of number and no personshall operate the motorboat until a certificate is issued.
(j) No number other than the number awarded to a motorboat orgranted reciprocity pursuant to this act shall be painted, attached, orotherwise displayed on either side of the bow of such motorboat.
(k) If any certificate of number is lost, mutilated or becomesillegible, the owner of the motorboat for which the certificate was issued mayobtain a duplicate certificate upon application to the department. Thedepartment may set and collect payment of a fee for a duplicate certificate notto exceed five dollars ($5.00).
(m) A person engaged in the manufacture or sale of motorboatsmay, upon application to the department in the manner and on forms prescribedby rule and regulation, obtain certificates of number for use in the testing ordemonstrating of these motorboats. The fee for each registration under thissubsection shall be fifteen dollars ($15.00). The numbers assigned bycertificates of number issued under this subsection shall be temporarily placedon the watercraft to be tested or demonstrated.
41-13-105. Watercraft accidents or collisions; duty to render aid;reportable accidents; operators required to report; accident investigation;seizure of watercraft.
(a) The operator of a watercraft involved in a collision,accident or other casualty, so far as he can do so without serious danger tohis own watercraft, crew, passengers and guests, shall render to other personsaffected by the collision, accident or other casualty such assistance as may bepracticable and as may be necessary in order to save them from or minimize anydanger caused by the collision, accident or other casualty. The operator shallgive his name, address and identification of his watercraft to any personinjured and to the owner of any property damaged in the collision, accident orother casualty.
(b) If a collision, accident or other casualty involving awatercraft results in death or injury to a person requiring medical treatmentbeyond first aid, the disappearance of any person from the watercraft undercircumstances which indicate the possibility of death or injury, or damage toproperty in excess of five hundred dollars ($500.00), the watercraft operatorshall immediately provide notice of the accident to any Wyoming law enforcementagency or peace officer of this state. For purposes of this section, accidentsinclude capsizing, flooding, fire, explosion, disappearance of the watercraftother than by theft and all collision accidents involving other watercraft orfixed or floating objects.
(c) The operator of any watercraft involved in a reportablewatercraft accident as defined under subsection (b) of this section shallimmediately provide notice of the accident to any Wyoming law enforcementagency or peace officer. If a watercraft operator is not able to provide noticeunder this subsection, another adult person on the watercraft at the time ofthe accident may provide the required notice. Notice under this subsectionshall to the extent reasonably known, contain the following information:
(i) For each watercraft involved in the accident, theidentifying number assigned by the certificate of number issued to thewatercraft;
(ii) The location, time and date of the accident;
(iii) The name, address and age of the operator of eachwatercraft involved in the accident;
(iv) If not operating the watercraft at the time of theaccident, the name and address of the watercraft owner;
(v) The name and address of any person injured, killed ormissing as a result of the accident;
(vi) The nature and extent of each injury resulting from theaccident;
(vii) A description of any property damage resulting from theaccident;
(viii) The name and address of any passengers on the watercraft atthe time of the accident.
(d) In addition to subsection (c) of this section, the watercraftoperator shall within ten (10) days after the date of the accident, file withthe department a full description of the collision, accident or other casualty.The report required under this subsection shall be submitted on a boatingaccident report form approved by the department and obtained from theinvestigating law enforcement agency or peace officer. The department shallprovide forms required under subsection (c) of this section and this subsectionto the appropriate law enforcement agencies and peace officers. The reportshall not be referred to in any way and shall not be used as evidence in anyjudicial proceeding.
(e) If the cause of any reportable watercraft accident asdefined under subsection (b) of this section cannot be immediately determinedduring the investigation of the accident by the appropriate peace officer orlaw enforcement agency and the watercraft is necessary for investigativepurposes, the officer or agency may temporarily seize and hold any watercraftinvolved in the accident.
41-13-106. Accident report information to federal government.
Uponthe request of an authorized official or agency of the United States, anyinformation compiled or otherwise available to the department pursuant to W.S.41-13-105 shall be transmitted to the requesting official or agency.
41-13-107. Political subdivisions not to number watercraft.
Thisact governs the numbering and registration of watercraft on the waters of thisstate. All other political subdivisions of this state are expressly prohibitedfrom numbering watercraft in any respect.
41-13-108. Publication and distribution of regulations.
Acopy of the regulations adopted pursuant to this act, and of any amendmentsthereto, shall be published by the department in a convenient form and a copyshall be distributed with each registration.
41-13-109. Motorboat registration fee.
(a) The nonrefundable and nontransferable registration fee formotorboats is:
(i) Fifteen dollars ($15.00) for one (1) year; or
(ii) Forty dollars ($40.00) for three (3) years.
(b) In addition to the fee under subsection (a) of thissection, persons registering a motorboat in Wyoming may pay a fee of one dollar($1.00) to fund search and rescue activities. Motorboat registration formsshall contain information about the voluntary fee under this subsection.
41-13-110. Disposition of registration fees.
(a) Except as provided under subsection (b) of this section,all registration fees received under this act shall be deposited in the statetreasury to the credit of the game and fish fund to be used for administrationand enforcement of this act. The department may receive funds and propertyunder federal assistance programs. Any monies in excess of administration andenforcement expenses shall be used to promote boating safety, boating safetyeducation and for the construction of boating facilities for the generalpublic.
(b) All fees received under W.S. 41-13-109(b) shall bedeposited in the state treasury to the credit of the search and rescue accountcreated by W.S. 19-13-301(a).
41-13-111. Prohibited acts; penalties.
(a) No person shall intentionally or knowingly deface, alter,remove or destroy a vessel hull identification number (HIN) or an engine oroutboard motor serial number.
(b) No person shall intentionally or knowingly provide falseinformation in a report required pursuant to W.S. 41-13-105(c).
(c) Any person who fails to register and affix an assignedregistration number to a motorboat as required by this act, operates anunregistered or unnumbered motorboat unless authorized by this act or fails toreport a watercraft accident as required by W.S. 41-13-105 is guilty of amisdemeanor and shall be fined not more than one hundred dollars ($100.00) foreach violation.
ARTICLE 2 - OPERATION; EQUIPMENT
41-13-201. Repealed by Laws 1979, ch. 112, 2.
41-13-202. Provisions applicable to all watercraft in state;supplemental to federal laws and regulations.
Theprovisions of this act shall be applicable to all watercraft operating on allof the waterways of this state. The provisions of this act shall be construedto supplement federal laws and regulations when not expressly inconsistenttherewith on all waterways where such federal laws and regulations areapplicable.
41-13-203. Careless operation defined.
Anyperson who operates any watercraft in a careless or heedless manner so as to beindifferent to the person or property of another person, or at a rate of speedgreater than will permit him in the exercise of reasonable care to bring thewatercraft to a stop within the assured clear distance ahead, is guilty of thecrime of careless operation.
41-13-204. Reckless operation defined.
Anyperson who shall operate any watercraft in such a manner as to endanger thelife or limb, or damage the property of, another person, shall be guilty of thecrime of reckless operation.
41-13-206. Operation of watercraft by intoxicated or drugged personprohibited.
(a) As used in this section:
(i) "Alcohol concentration" means as defined in W.S.31-5-233(a)(i);
(ii) "Controlled substance" includes:
(A) Any drug or substance defined by W.S. 35-7-1002(a)(iv);
(B) Any glue, aerosol or other toxic vapor which whenintentionally inhaled or sniffed results in impairment of an individual'sability to safely operate a watercraft.
(b) No owner of any watercraft or person having charge orcontrol of a watercraft shall authorize or knowingly permit it to be operatedby any person who is under the influence of alcohol, a controlled substance orcombination thereof in violation of subsection (c) of this section.
(c) No person shall operate or be in actual physical control ofa watercraft if the person:
(i) To a degree which renders him incapable of safely operatinga watercraft:
(A) Is under the influence of alcohol;
(B) Is under the influence of a controlled substance; or
(C) Is under the influence of a combination of the elementsnamed in subparagraphs (A) and (B) of this paragraph.
(ii) Has an alcohol concentration of ten one-hundredths of onepercent (0.10%) or more; or
(iii) Has an alcohol concentration of ten one-hundredths of onepercent (0.10%) or more as measured within three (3) hours of the time ofoperation or actual physical control.
(d) In any criminal prosecution for a violation of this sectionrelating to operating or being in actual physical control of a watercraft whileunder the influence of alcohol, the amount of alcohol in the defendant's bloodat the time alleged as shown by chemical analysis of the defendant's blood,urine, breath or other bodily substance shall give rise to the followingpresumptions:
(i) If there was at that time an alcohol concentration of fiveone-hundredths of one percent (0.05%) or less, it shall be presumed that thedefendant was not under the influence of alcohol;
(ii) If there was at that time an alcohol concentration of morethan five one-hundredths of one percent (0.05%) and less than tenone-hundredths of one percent (0.10%), that fact shall not give rise to anypresumption that the defendant was or was not under the influence of alcohol,but it may be considered with other competent evidence in determining the guiltor innocence of the defendant.
(e) Nothing in subsection (d) of this section shall beconstrued as limiting the introduction of any other competent evidence bearingupon the question of whether or not the defendant was under the influence ofalcohol, including tests obtained more than three (3) hours after the allegedviolation. The fact that any person charged with a violation of subsection (c)of this section is or has been entitled to use the controlled substance underthe laws of this state shall not constitute a defense against any charge underthis section. It is an affirmative defense to a violation of paragraph (c)(iii)of this section that the defendant consumed a sufficient quantity of alcoholafter the time of actual operation or physical control of a watercraft andbefore the administration of the evidentiary test to cause the defendant'salcohol concentration to exceed ten one-hundredths of one percent (0.10%) butevidence of the consumption may not be admitted unless notice is given to theprosecution pursuant to Rule 12.1 of the Wyoming Rules of Criminal Procedure.
(f) Repealed by Laws 1989, ch. 119, 3.
(g) Nothing in this section shall be construed to authorize aviolation of the Wyoming controlled substances act.
41-13-207. Operation of watercraft by person under disabilityprohibited.
Itshall be unlawful for the owner of any watercraft or any person having such incharge or in control to authorize or knowingly permit the same to be operatedby any person who by reason of physical or mental disability is incapable ofoperating such watercraft under the prevailing circumstances.
41-13-208. Overloading prohibited.
Watercraftshall not be loaded with passengers or cargo beyond its safe carrying capacityas stated on the capacity plate and affixed to the watercraft by themanufacturer, taking into consideration weather and other existing operatingconditions. Capacity plates shall not be removed or altered.
(a) No watercraft shall be equipped with any motor or otherpropulsion machinery that has a horsepower rating exceeding the maximum statedon the capacity plate approved and issued by the United States coast guard andaffixed to the watercraft by the manufacturer.
(b) Motorboats shall be equipped, maintained and operated toprevent excessive or unusually loud noise and shall at all times be equippedwith a muffler or shall use another method of noise suppression in good workingorder and in constant operation. No person shall operate or allow the operationof any motorboat equipped with an altered muffler or muffler cutout, bypass orother devise designed or installed to continually or intermittently bypass orotherwise reduce or eliminate the effectiveness of any muffler or mufflersystem.
(c) Subsection (b) of this section shall not apply tomotorboats competing in or while on trials of an approved race or regatta norin areas designated by the game and fish department.
41-13-210. Riding on gunwales or bow decking prohibited; exceptions.
Noperson operating a motorboat shall allow any person to ride or sit on eitherthe starboard or port gunwales thereof or on the decking over the bow of thevessel while underway unless such motorboat is provided with adequate guards orrailing to prevent passengers from being lost overboard. Nothing in thissection shall be construed to mean that passengers or other persons aboard amotorboat cannot occupy the decking over the bow of the boat to moor thewatercraft to a mooring buoy or to cast off from such a buoy, or for any othernecessary purpose.
41-13-211. Buoys and markers; operation in marked restricted areasprohibited; exceptions.
(a) The commission shall regulate the type and use ofwatercraft on the waters of the state and the placement of buoys, markers orregulatory signs necessary to provide for the safety and welfare of the public.Watercraft operators shall operate watercraft in accordance with restrictionsand regulations specified on the buoys, markers or signs. No waterway markerregulating watercraft use shall be placed on, in or near the waters of thestate unless approval has been obtained in accordance with commission regulations.
(b) No person shall operate a watercraft on any water or withina water area which has been designated in accordance with commission regulationas a restricted area. This section does not apply in the case of an emergency,or to patrol or rescue craft.
(c) No person shall tie-off, moor or attach any watercraft toany regulatory buoy or waterway marking device.
41-13-212. Motorboat pulling skier to be occupied by at least 2persons; hours of operation; use of care; exceptions.
(a) No motorboat which shall have in tow or shall be otherwiseassisting a person on water skis, aquaplane or similar contrivance, shall beoperated or propelled in or upon any waterway, unless such motorboat shall beoccupied by at least two (2) persons. Provided, that this subsection shall notapply to motorboats used by representatives of duly constituted water skischools in the giving of instruction, or to motorboats used in duly authorizedwater ski tournaments, competitions, expositions, or trials therefor, or to anymotorboat equipped with a wide angle rear view mirror.
(b) No motorboat shall have in tow or shall otherwise beassisting a person on water skis, aquaplane or similar contrivance from theperiod of one (1) hour after sunset to one (1) hour prior to sunrise. Provided,that this subsection shall not apply to motorboats used in duly authorizedwater ski tournaments, competitions, expositions, or trials therefor.
(c) All motorboats having in tow or otherwise assisting aperson on water skis, aquaplane or similar contrivance, shall be operated in acareful and prudent manner at a reasonable distance from persons and propertyso as not to endanger the life or property of any person.
(d) No person shall operate or manipulate any vessel, tow ropeor other device by which the direction or location of water skis, aquaplane, orsimilar device may be affected or controlled in such a way as to cause thewater skis, aquaplane, or similar device, or any person thereon to collide withor strike against any person or object, other than a jumping ramp or inconjunction with skiing over a slalom course.
(e) The person required to be in a motorboat under subsection(a) of this section who is not operating the motorboat shall:
(i) Continuously observe the person being towed.
41-13-213. Safety equipment required.
Allwatercraft shall carry or be equipped with safety equipment as prescribed bycommission regulation. The commission may also require every person riding onwatercraft operating on specified waters to wear commission approved safetyequipment.
41-13-214. Repealed by Laws 1979, ch. 112, 2.
41-13-215. Enforcement.
(a) The game and fish department law enforcement officers andany other peace officers of the state or any of its political subdivisionsotherwise authorized by law may enforce this act and rules and regulations ofthe commission.
(b) For purposes of this section, any game and fish departmentlaw enforcement officer and any other peace officer may:
(i) Stop, halt, inspect or board any watercraft;
(ii) If there is probable cause to believe a watercraft andassociated trailer are stolen, seize the watercraft and associated trailer. Adefaced, altered, removed or destroyed vessel hull identification number (HIN)is prima facia evidence that the watercraft and trailer are stolen.
41-13-216. Penalties for violations; suspension of privilege tooperate; operating while privilege suspended.
(a) Any person who violates or fails to comply with W.S.41-13-207 through 41-13-212, 41-13-219 or 41-13-220(b) is guilty of amisdemeanor punishable by a fine of not more than two hundred dollars($200.00), imprisonment for not more than thirty (30) days, or both, and may berefused the privilege of operating any watercraft on any of the waterways ofthis state for not more than two (2) years. Any person who violates W.S.41-13-105, 41-13-111(a) or (b), 41-13-203, 41-13-204, 41-13-206 or 41-13-220(a)is guilty of a misdemeanor punishable by a fine of not more than seven hundredfifty dollars ($750.00), imprisonment for not more than six (6) months, orboth, and may be refused the privilege of operating any watercraft on any ofthe waterways of this state for not more than two (2) years.
(b) Any person who violates or fails to comply with anyprovision of this act for which no separate penalty is provided or a valid ruleor regulation of the commission is guilty of a misdemeanor and shall be finednot more than one hundred dollars ($100.00).
(c) Any person who operates any watercraft during the periodwhen he has been denied this privilege under subsection (a) of this section isguilty of a misdemeanor and upon conviction shall be fined not more than sevenhundred fifty dollars ($750.00), imprisoned not more than six (6) months, orboth, and may be refused the privilege of operating any watercraft on any ofthe waterways of this state for not more than two (2) years.
41-13-217. Races or regattas.
Thecommission may regulate the holding of regattas, motorboat or other boat races,marine parades, tournaments or exhibitions. It shall adopt regulationsconcerning the safety of motorboats and other vessels and persons thereon,either observers or participants. Whenever a regatta, motorboat or other boatrace, tournament or exhibition is proposed to be held, the person in charge, atleast thirty (30) days prior thereto, shall file an application with thedepartment for permission to hold the regatta, motorboat or other boat race,marine events, tournament or exhibition. The application shall set forth thedate, time and location of the proposed event and such other information as thecommission may by regulation require.
41-13-218. Regulations.
Thecommission shall promulgate rules and regulations necessary to carry out theprovisions of this act.
41-13-219. Age of operator of motorboat.
Noperson shall operate or be in actual physical control of a motorboat requiredto be numbered on the waters in this state unless he is at least sixteen (16)years of age or is accompanied by an adult. No person shall knowingly permitthe operation of a numbered motorboat on the waters of this state by a personunder sixteen (16) years of age who is not accompanied by an adult.
41-13-220. Eluding an officer; emergency watercraft equipmentrestricted.
(a) Any person operating a watercraft shall upon observing avisual or hearing an audible signal from a law enforcement officer enforcingthis act and rules and regulations of the commission, bring the watercraft toan immediate stop. No person, after observing a visual or hearing an audiblesignal from a law enforcement officer enforcing this act and rules andregulations of the commission, shall attempt to elude a law enforcement officerby watercraft or any other means.
(b) Red or blue rotating or flashing lights shall not bedisplayed and sirens shall not be used on watercraft except as authorized forwatercraft operated or used by law enforcement and emergency watercraft.
41-13-101. Definitions; classification of motorboats.
(a) As used in this act:
(i) "Commission" means the Wyoming game and fishcommission;
(ii) "Department" means the Wyoming game and fishdepartment;
(iii) "Motorboat" means any watercraft propelled in anyrespect by propulsion machinery powered by an energy source other than humaneffort;
(iv) "Operate" means to navigate or otherwise use a watercraft;
(v) "Owner" means a person having the property in ortitle to a motorboat excluding a lienholder or a lessee under a lease notintended as security;
(vi) "Safety equipment" includes personal flotationdevices, towing and bailing devices, paddles, fire extinguishers and navigationlights, backfire flame arresters, whistles or other sound producing devices andventilation systems;
(vii) "Watercraft" means any contrivance used ordesigned primarily for navigation on water;
(viii) "Waters of this state" means any waters withinthe jurisdiction of Wyoming;
(ix) "This act" means W.S. 41-13-101 through41-13-220.
(b) Motorboats subject to the provisions of this act shall bedivided into four (4) classes as follows:
(i) Class A. Less than sixteen (16) feet in length;
(ii) Class B. Sixteen (16) feet or over and less than twenty-six(26) feet in length;
(iii) Class C. Twenty-six (26) feet or over and less than forty(40) feet in length;
(iv) Class D. Forty (40) feet or over.
41-13-102. Motorboat certificate of number required.
(a) Except as provided by W.S. 41-13-103, all motorboatspowered by propulsion machinery of any type and operated on the waters of thisstate shall be numbered.
(b) No person shall operate nor shall the owner permit theoperation of any motorboat unless:
(i) The motorboat is numbered in accordance with this act,applicable federal law or a federally approved numbering system of anotherstate;
(ii) The certificate of number issued for the motorboat is infull force and effect; and
(iii) The identifying number set forth in the certificate ofnumber is displayed on each side of the bow of the motorboat.
41-13-103. Motorboats to be numbered; exempt motorboats.
(a) A motorboat shall not be required to be numbered under thisact if it is:
(i) Already covered by a number in full force and effect whichhas been awarded to it pursuant to federal law or a federally approvednumbering system of another state. Provided, that such boat shall not have beenwithin this state for a period in excess of ninety (90) consecutive days;
(ii) Presently numbered under the rules of the department untilthe present registration expires and provided further, that present coast guardnumbers shall be specifically recognized for their duration or until thecertificate expires, whichever is first;
(iii) A motorboat whose owner is the United States, a state or asubdivision thereof, but such ownership must be visibly evident;
(iv) A motorboat belonging to a class of boats which has beenexempted from numbering by the department after said agency has found that thenumbering of motorboats of such class will not materially aid in theiridentification; and, if an agency of the federal government has a numberingsystem applicable to the class of motorboats to which the motorboat in questionbelongs, after the department has further found that the motorboat would alsobe exempt from numbering if it were subject to the federal law.
41-13-104. Application for certificate; issuance of certificate andassignment of number; conformity with federal numbering system; expiration andrenewal of certificate; transfer of ownership; duplicate certificate;manufacturer and dealer certificates.
(a) The owner of each motorboat requiring numbering by thisstate shall apply for a number with the department or any place selling gameand fish licenses on forms approved by the department. The application shall besigned by the owner and accompanied by the fee required by W.S. 41-13-109. Atthe time of application, the applicant shall also present proof in a formapproved by the department of revenue that all sales or use tax due on themotorboat have been paid. Any person who knowingly presents a false orfraudulent statement of proof is subject to the provisions of W.S. 6-5-303, inaddition to any penalties and interest due for nonpayment of sales or use taxon the motorboat. Upon receipt of the application in approved form thedepartment shall issue to the applicant a certificate of number stating thenumber awarded to the motorboat and the name and address of the owner. Theowner shall paint on or attach to each side of the bow of the motorboat theidentification number in such manner as may be prescribed by rules andregulations of the commission in order that it may be completely visible. Thenumber shall be maintained in legible condition. The certificate of numbershall be pocket size and shall be available at all times for inspection on themotorboat for which issued, wherever the motorboat is operated. If anymotorboat is rented for less than one (1) day, the owner or his designee mayretain the certificate of number on shore if the certificate is readilyavailable for inspection.
(b) The owner of any motorboat for which a current certificateof number has been issued pursuant to any federal law or a federally approvednumbering system of another state shall, if the motorboat remains in this statein excess of ninety (90) consecutive days and is operated on the waters of thisstate at any time during this ninety (90) day period, apply for a certificateof number in the manner prescribed in subsection (a) of this section.
(c) In the event that an agency of the United States governmentshall have in force an overall system of identification numbering formotorboats within the United States, the numbering system employed pursuant tothis act by the department shall be in conformity therewith.
(d) The department may award any certificate of number directlyor through authorized agents. Numbers and certificates awarded by authorizedagents in conformity with this act and with rules and regulations of thecommission are valid as if awarded directly by the department.
(e) All records of the department made or kept pursuant to thissection shall be public records.
(f) Each certificate of number issued under this act expires onDecember 31 of the last year of valid registration under the certificate unlesssooner terminated or discontinued under this act. A duplicate number may beobtained by an owner upon application to the department, which may requirepayment of a fee of not more than five dollars ($5.00). Certificates of numbermay be renewed by the owner in the same manner provided under this act forobtaining initial certification.
(g) The owner of any motorboat shall within fifteen (15) daysnotify the department if such motorboat is destroyed or abandoned, or if hisaddress no longer conforms to the address appearing on the certificate ofnumber. In all such cases, the notice shall be accompanied by a surrender ofthe certificate of number. When the surrender of the certificate is by reasonof the motorboat being destroyed or abandoned, the department shall cancel thecertificate and enter such fact in its records. If the surrender is by reasonof a change of address on the part of the owner, the new address shall beendorsed on the certificate and the latter returned to the owner.
(h) The purchaser of a motorboat may operate the motorboat forthirty (30) calendar days from the date of purchase without a new certificateof number if upon demand by a person authorized to enforce this act, the newowner can furnish proof of ownership and the date the motorboat was acquired. Upontransfer of ownership of a motorboat, the current certificate of number may betransferred to the new owner upon application to the department. Application bythe new owner shall include his name, address and the certificate of number ofthe motorboat, together with payment of the registration fee prescribed by W.S.41-13-109 and presentation of proof of transfer. Upon receipt of applicationand fee, the department shall transfer the certificate of number issued for themotorboat to the new owner. Unless the application is made and fee paid withinthirty (30) days, the motorboat is without certificate of number and no personshall operate the motorboat until a certificate is issued.
(j) No number other than the number awarded to a motorboat orgranted reciprocity pursuant to this act shall be painted, attached, orotherwise displayed on either side of the bow of such motorboat.
(k) If any certificate of number is lost, mutilated or becomesillegible, the owner of the motorboat for which the certificate was issued mayobtain a duplicate certificate upon application to the department. Thedepartment may set and collect payment of a fee for a duplicate certificate notto exceed five dollars ($5.00).
(m) A person engaged in the manufacture or sale of motorboatsmay, upon application to the department in the manner and on forms prescribedby rule and regulation, obtain certificates of number for use in the testing ordemonstrating of these motorboats. The fee for each registration under thissubsection shall be fifteen dollars ($15.00). The numbers assigned bycertificates of number issued under this subsection shall be temporarily placedon the watercraft to be tested or demonstrated.
41-13-105. Watercraft accidents or collisions; duty to render aid;reportable accidents; operators required to report; accident investigation;seizure of watercraft.
(a) The operator of a watercraft involved in a collision,accident or other casualty, so far as he can do so without serious danger tohis own watercraft, crew, passengers and guests, shall render to other personsaffected by the collision, accident or other casualty such assistance as may bepracticable and as may be necessary in order to save them from or minimize anydanger caused by the collision, accident or other casualty. The operator shallgive his name, address and identification of his watercraft to any personinjured and to the owner of any property damaged in the collision, accident orother casualty.
(b) If a collision, accident or other casualty involving awatercraft results in death or injury to a person requiring medical treatmentbeyond first aid, the disappearance of any person from the watercraft undercircumstances which indicate the possibility of death or injury, or damage toproperty in excess of five hundred dollars ($500.00), the watercraft operatorshall immediately provide notice of the accident to any Wyoming law enforcementagency or peace officer of this state. For purposes of this section, accidentsinclude capsizing, flooding, fire, explosion, disappearance of the watercraftother than by theft and all collision accidents involving other watercraft orfixed or floating objects.
(c) The operator of any watercraft involved in a reportablewatercraft accident as defined under subsection (b) of this section shallimmediately provide notice of the accident to any Wyoming law enforcementagency or peace officer. If a watercraft operator is not able to provide noticeunder this subsection, another adult person on the watercraft at the time ofthe accident may provide the required notice. Notice under this subsectionshall to the extent reasonably known, contain the following information:
(i) For each watercraft involved in the accident, theidentifying number assigned by the certificate of number issued to thewatercraft;
(ii) The location, time and date of the accident;
(iii) The name, address and age of the operator of eachwatercraft involved in the accident;
(iv) If not operating the watercraft at the time of theaccident, the name and address of the watercraft owner;
(v) The name and address of any person injured, killed ormissing as a result of the accident;
(vi) The nature and extent of each injury resulting from theaccident;
(vii) A description of any property damage resulting from theaccident;
(viii) The name and address of any passengers on the watercraft atthe time of the accident.
(d) In addition to subsection (c) of this section, the watercraftoperator shall within ten (10) days after the date of the accident, file withthe department a full description of the collision, accident or other casualty.The report required under this subsection shall be submitted on a boatingaccident report form approved by the department and obtained from theinvestigating law enforcement agency or peace officer. The department shallprovide forms required under subsection (c) of this section and this subsectionto the appropriate law enforcement agencies and peace officers. The reportshall not be referred to in any way and shall not be used as evidence in anyjudicial proceeding.
(e) If the cause of any reportable watercraft accident asdefined under subsection (b) of this section cannot be immediately determinedduring the investigation of the accident by the appropriate peace officer orlaw enforcement agency and the watercraft is necessary for investigativepurposes, the officer or agency may temporarily seize and hold any watercraftinvolved in the accident.
41-13-106. Accident report information to federal government.
Uponthe request of an authorized official or agency of the United States, anyinformation compiled or otherwise available to the department pursuant to W.S.41-13-105 shall be transmitted to the requesting official or agency.
41-13-107. Political subdivisions not to number watercraft.
Thisact governs the numbering and registration of watercraft on the waters of thisstate. All other political subdivisions of this state are expressly prohibitedfrom numbering watercraft in any respect.
41-13-108. Publication and distribution of regulations.
Acopy of the regulations adopted pursuant to this act, and of any amendmentsthereto, shall be published by the department in a convenient form and a copyshall be distributed with each registration.
41-13-109. Motorboat registration fee.
(a) The nonrefundable and nontransferable registration fee formotorboats is:
(i) Fifteen dollars ($15.00) for one (1) year; or
(ii) Forty dollars ($40.00) for three (3) years.
(b) In addition to the fee under subsection (a) of thissection, persons registering a motorboat in Wyoming may pay a fee of one dollar($1.00) to fund search and rescue activities. Motorboat registration formsshall contain information about the voluntary fee under this subsection.
41-13-110. Disposition of registration fees.
(a) Except as provided under subsection (b) of this section,all registration fees received under this act shall be deposited in the statetreasury to the credit of the game and fish fund to be used for administrationand enforcement of this act. The department may receive funds and propertyunder federal assistance programs. Any monies in excess of administration andenforcement expenses shall be used to promote boating safety, boating safetyeducation and for the construction of boating facilities for the generalpublic.
(b) All fees received under W.S. 41-13-109(b) shall bedeposited in the state treasury to the credit of the search and rescue accountcreated by W.S. 19-13-301(a).
41-13-111. Prohibited acts; penalties.
(a) No person shall intentionally or knowingly deface, alter,remove or destroy a vessel hull identification number (HIN) or an engine oroutboard motor serial number.
(b) No person shall intentionally or knowingly provide falseinformation in a report required pursuant to W.S. 41-13-105(c).
(c) Any person who fails to register and affix an assignedregistration number to a motorboat as required by this act, operates anunregistered or unnumbered motorboat unless authorized by this act or fails toreport a watercraft accident as required by W.S. 41-13-105 is guilty of amisdemeanor and shall be fined not more than one hundred dollars ($100.00) foreach violation.
ARTICLE 2 - OPERATION; EQUIPMENT
41-13-201. Repealed by Laws 1979, ch. 112, 2.
41-13-202. Provisions applicable to all watercraft in state;supplemental to federal laws and regulations.
Theprovisions of this act shall be applicable to all watercraft operating on allof the waterways of this state. The provisions of this act shall be construedto supplement federal laws and regulations when not expressly inconsistenttherewith on all waterways where such federal laws and regulations areapplicable.
41-13-203. Careless operation defined.
Anyperson who operates any watercraft in a careless or heedless manner so as to beindifferent to the person or property of another person, or at a rate of speedgreater than will permit him in the exercise of reasonable care to bring thewatercraft to a stop within the assured clear distance ahead, is guilty of thecrime of careless operation.
41-13-204. Reckless operation defined.
Anyperson who shall operate any watercraft in such a manner as to endanger thelife or limb, or damage the property of, another person, shall be guilty of thecrime of reckless operation.
41-13-206. Operation of watercraft by intoxicated or drugged personprohibited.
(a) As used in this section:
(i) "Alcohol concentration" means as defined in W.S.31-5-233(a)(i);
(ii) "Controlled substance" includes:
(A) Any drug or substance defined by W.S. 35-7-1002(a)(iv);
(B) Any glue, aerosol or other toxic vapor which whenintentionally inhaled or sniffed results in impairment of an individual'sability to safely operate a watercraft.
(b) No owner of any watercraft or person having charge orcontrol of a watercraft shall authorize or knowingly permit it to be operatedby any person who is under the influence of alcohol, a controlled substance orcombination thereof in violation of subsection (c) of this section.
(c) No person shall operate or be in actual physical control ofa watercraft if the person:
(i) To a degree which renders him incapable of safely operatinga watercraft:
(A) Is under the influence of alcohol;
(B) Is under the influence of a controlled substance; or
(C) Is under the influence of a combination of the elementsnamed in subparagraphs (A) and (B) of this paragraph.
(ii) Has an alcohol concentration of ten one-hundredths of onepercent (0.10%) or more; or
(iii) Has an alcohol concentration of ten one-hundredths of onepercent (0.10%) or more as measured within three (3) hours of the time ofoperation or actual physical control.
(d) In any criminal prosecution for a violation of this sectionrelating to operating or being in actual physical control of a watercraft whileunder the influence of alcohol, the amount of alcohol in the defendant's bloodat the time alleged as shown by chemical analysis of the defendant's blood,urine, breath or other bodily substance shall give rise to the followingpresumptions:
(i) If there was at that time an alcohol concentration of fiveone-hundredths of one percent (0.05%) or less, it shall be presumed that thedefendant was not under the influence of alcohol;
(ii) If there was at that time an alcohol concentration of morethan five one-hundredths of one percent (0.05%) and less than tenone-hundredths of one percent (0.10%), that fact shall not give rise to anypresumption that the defendant was or was not under the influence of alcohol,but it may be considered with other competent evidence in determining the guiltor innocence of the defendant.
(e) Nothing in subsection (d) of this section shall beconstrued as limiting the introduction of any other competent evidence bearingupon the question of whether or not the defendant was under the influence ofalcohol, including tests obtained more than three (3) hours after the allegedviolation. The fact that any person charged with a violation of subsection (c)of this section is or has been entitled to use the controlled substance underthe laws of this state shall not constitute a defense against any charge underthis section. It is an affirmative defense to a violation of paragraph (c)(iii)of this section that the defendant consumed a sufficient quantity of alcoholafter the time of actual operation or physical control of a watercraft andbefore the administration of the evidentiary test to cause the defendant'salcohol concentration to exceed ten one-hundredths of one percent (0.10%) butevidence of the consumption may not be admitted unless notice is given to theprosecution pursuant to Rule 12.1 of the Wyoming Rules of Criminal Procedure.
(f) Repealed by Laws 1989, ch. 119, 3.
(g) Nothing in this section shall be construed to authorize aviolation of the Wyoming controlled substances act.
41-13-207. Operation of watercraft by person under disabilityprohibited.
Itshall be unlawful for the owner of any watercraft or any person having such incharge or in control to authorize or knowingly permit the same to be operatedby any person who by reason of physical or mental disability is incapable ofoperating such watercraft under the prevailing circumstances.
41-13-208. Overloading prohibited.
Watercraftshall not be loaded with passengers or cargo beyond its safe carrying capacityas stated on the capacity plate and affixed to the watercraft by themanufacturer, taking into consideration weather and other existing operatingconditions. Capacity plates shall not be removed or altered.
(a) No watercraft shall be equipped with any motor or otherpropulsion machinery that has a horsepower rating exceeding the maximum statedon the capacity plate approved and issued by the United States coast guard andaffixed to the watercraft by the manufacturer.
(b) Motorboats shall be equipped, maintained and operated toprevent excessive or unusually loud noise and shall at all times be equippedwith a muffler or shall use another method of noise suppression in good workingorder and in constant operation. No person shall operate or allow the operationof any motorboat equipped with an altered muffler or muffler cutout, bypass orother devise designed or installed to continually or intermittently bypass orotherwise reduce or eliminate the effectiveness of any muffler or mufflersystem.
(c) Subsection (b) of this section shall not apply tomotorboats competing in or while on trials of an approved race or regatta norin areas designated by the game and fish department.
41-13-210. Riding on gunwales or bow decking prohibited; exceptions.
Noperson operating a motorboat shall allow any person to ride or sit on eitherthe starboard or port gunwales thereof or on the decking over the bow of thevessel while underway unless such motorboat is provided with adequate guards orrailing to prevent passengers from being lost overboard. Nothing in thissection shall be construed to mean that passengers or other persons aboard amotorboat cannot occupy the decking over the bow of the boat to moor thewatercraft to a mooring buoy or to cast off from such a buoy, or for any othernecessary purpose.
41-13-211. Buoys and markers; operation in marked restricted areasprohibited; exceptions.
(a) The commission shall regulate the type and use ofwatercraft on the waters of the state and the placement of buoys, markers orregulatory signs necessary to provide for the safety and welfare of the public.Watercraft operators shall operate watercraft in accordance with restrictionsand regulations specified on the buoys, markers or signs. No waterway markerregulating watercraft use shall be placed on, in or near the waters of thestate unless approval has been obtained in accordance with commission regulations.
(b) No person shall operate a watercraft on any water or withina water area which has been designated in accordance with commission regulationas a restricted area. This section does not apply in the case of an emergency,or to patrol or rescue craft.
(c) No person shall tie-off, moor or attach any watercraft toany regulatory buoy or waterway marking device.
41-13-212. Motorboat pulling skier to be occupied by at least 2persons; hours of operation; use of care; exceptions.
(a) No motorboat which shall have in tow or shall be otherwiseassisting a person on water skis, aquaplane or similar contrivance, shall beoperated or propelled in or upon any waterway, unless such motorboat shall beoccupied by at least two (2) persons. Provided, that this subsection shall notapply to motorboats used by representatives of duly constituted water skischools in the giving of instruction, or to motorboats used in duly authorizedwater ski tournaments, competitions, expositions, or trials therefor, or to anymotorboat equipped with a wide angle rear view mirror.
(b) No motorboat shall have in tow or shall otherwise beassisting a person on water skis, aquaplane or similar contrivance from theperiod of one (1) hour after sunset to one (1) hour prior to sunrise. Provided,that this subsection shall not apply to motorboats used in duly authorizedwater ski tournaments, competitions, expositions, or trials therefor.
(c) All motorboats having in tow or otherwise assisting aperson on water skis, aquaplane or similar contrivance, shall be operated in acareful and prudent manner at a reasonable distance from persons and propertyso as not to endanger the life or property of any person.
(d) No person shall operate or manipulate any vessel, tow ropeor other device by which the direction or location of water skis, aquaplane, orsimilar device may be affected or controlled in such a way as to cause thewater skis, aquaplane, or similar device, or any person thereon to collide withor strike against any person or object, other than a jumping ramp or inconjunction with skiing over a slalom course.
(e) The person required to be in a motorboat under subsection(a) of this section who is not operating the motorboat shall:
(i) Continuously observe the person being towed.
41-13-213. Safety equipment required.
Allwatercraft shall carry or be equipped with safety equipment as prescribed bycommission regulation. The commission may also require every person riding onwatercraft operating on specified waters to wear commission approved safetyequipment.
41-13-214. Repealed by Laws 1979, ch. 112, 2.
41-13-215. Enforcement.
(a) The game and fish department law enforcement officers andany other peace officers of the state or any of its political subdivisionsotherwise authorized by law may enforce this act and rules and regulations ofthe commission.
(b) For purposes of this section, any game and fish departmentlaw enforcement officer and any other peace officer may:
(i) Stop, halt, inspect or board any watercraft;
(ii) If there is probable cause to believe a watercraft andassociated trailer are stolen, seize the watercraft and associated trailer. Adefaced, altered, removed or destroyed vessel hull identification number (HIN)is prima facia evidence that the watercraft and trailer are stolen.
41-13-216. Penalties for violations; suspension of privilege tooperate; operating while privilege suspended.
(a) Any person who violates or fails to comply with W.S.41-13-207 through 41-13-212, 41-13-219 or 41-13-220(b) is guilty of amisdemeanor punishable by a fine of not more than two hundred dollars($200.00), imprisonment for not more than thirty (30) days, or both, and may berefused the privilege of operating any watercraft on any of the waterways ofthis state for not more than two (2) years. Any person who violates W.S.41-13-105, 41-13-111(a) or (b), 41-13-203, 41-13-204, 41-13-206 or 41-13-220(a)is guilty of a misdemeanor punishable by a fine of not more than seven hundredfifty dollars ($750.00), imprisonment for not more than six (6) months, orboth, and may be refused the privilege of operating any watercraft on any ofthe waterways of this state for not more than two (2) years.
(b) Any person who violates or fails to comply with anyprovision of this act for which no separate penalty is provided or a valid ruleor regulation of the commission is guilty of a misdemeanor and shall be finednot more than one hundred dollars ($100.00).
(c) Any person who operates any watercraft during the periodwhen he has been denied this privilege under subsection (a) of this section isguilty of a misdemeanor and upon conviction shall be fined not more than sevenhundred fifty dollars ($750.00), imprisoned not more than six (6) months, orboth, and may be refused the privilege of operating any watercraft on any ofthe waterways of this state for not more than two (2) years.
41-13-217. Races or regattas.
Thecommission may regulate the holding of regattas, motorboat or other boat races,marine parades, tournaments or exhibitions. It shall adopt regulationsconcerning the safety of motorboats and other vessels and persons thereon,either observers or participants. Whenever a regatta, motorboat or other boatrace, tournament or exhibition is proposed to be held, the person in charge, atleast thirty (30) days prior thereto, shall file an application with thedepartment for permission to hold the regatta, motorboat or other boat race,marine events, tournament or exhibition. The application shall set forth thedate, time and location of the proposed event and such other information as thecommission may by regulation require.
41-13-218. Regulations.
Thecommission shall promulgate rules and regulations necessary to carry out theprovisions of this act.
41-13-219. Age of operator of motorboat.
Noperson shall operate or be in actual physical control of a motorboat requiredto be numbered on the waters in this state unless he is at least sixteen (16)years of age or is accompanied by an adult. No person shall knowingly permitthe operation of a numbered motorboat on the waters of this state by a personunder sixteen (16) years of age who is not accompanied by an adult.
41-13-220. Eluding an officer; emergency watercraft equipmentrestricted.
(a) Any person operating a watercraft shall upon observing avisual or hearing an audible signal from a law enforcement officer enforcingthis act and rules and regulations of the commission, bring the watercraft toan immediate stop. No person, after observing a visual or hearing an audiblesignal from a law enforcement officer enforcing this act and rules andregulations of the commission, shall attempt to elude a law enforcement officerby watercraft or any other means.
(b) Red or blue rotating or flashing lights shall not bedisplayed and sirens shall not be used on watercraft except as authorized forwatercraft operated or used by law enforcement and emergency watercraft.
