09- 137 C.M.R. ch. 13, § 05

Current through 2024-51, December 18, 2024
Section 137-13-05 - Safety Equipment on Motorboats and Other Watercraft

The operator of any watercraft on the waters of this State shall be responsible to ensure that such watercraft is equipped as specified in this rule. Nothing in this regulation rule shall be construed to permit the operation of any watercraft on the federal waters in this State unless they conform to all applicable federal laws and regulations pertaining thereto.

1.Navigation Lights and Shapes

In all weather, every watercraft operating on Maine's inland waters between sunset and sunrise shall carry and exhibit the following lights when underway; and during such time no other lights which may be mistaken for those prescribed shall be exhibited. The word visible, in this subsection, when applied to lights, shall mean visible on a dark night with clear atmosphere.

A. Motorboats less than 40 feet in length must exhibit:
(1) A masthead light showing at least two miles or an all-round light showing at least two miles, placed as nearly as practical at the stern; and
(2) Sidelights showing at least one mile.

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B. Motorboats between 40 feet and 164 feet in length must exhibit:
(1) A masthead light showing at least five miles; and
(2) Sidelights showing at least two miles.

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C. All sailing watercraft underway shall exhibit:
(1) Sidelights; and
(2) A stern light.

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D.Sailing watercraft less than 65 feet in length
(1) In a sailing watercraft less than 65 feet in length the lights prescribed in paragraphs 3.a. and 3.b. of this Rule may be combined by carrying one lantern at or near the top of the mast where it can best be seen.

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(2)Additional lights. A sailing watercraft underway, in addition to the lights prescribed in paragraph 3.a. and 3.b. of this Rule, may exhibit at or near the top of the mast where they can best be seen, two all-round lights in a vertical line, the upper being red and lower being green. These lights shall not be exhibited in conjunction with the combined lantern permitted by paragraph 4.a. of this Rule.

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E.Sailing watercraft less than 23 feet in length; any watercraft under oars
(1) A sailing watercraft less than 23 feet in length shall; if practicable, exhibit the lights prescribed in paragraph 3.a. and 3.b. or 4.a. of this Rule. If the watercraft does not, it shall have ready at hand an electric torch or lighted lantern showing a white light which shall be exhibited in sufficient time to prevent collision.
(2) A watercraft under oars may exhibit the lights prescribed in this Rule for sailing watercraft. If the watercraft does not it shall have ready at hand an electric torch or lighted lantern showing a white light which shall be exhibited in sufficient time to prevent collision.
F.Watercraft under Sail and Motor

A watercraft proceeding under sail when also being propelled by machinery shall exhibit forward, where it can best be seen, a black conical shape, with the apex pointing down. A watercraft of less than 40 feet in length is not required to exhibit this shape, but may do so.

G.Watercraft at Anchor

Any watercraft anchored on solely internal waters from sunset to sunrise, may display in lieu of the above navigation lights, a single all-round white light. Exception: manually propelled watercraft shall have ready at hand a lantern or flashlight showing a white light which shall be exhibited in sufficient time to prevent collision.

H.Watercraft Manually Propelled

All watercraft not propelled by machinery or wind power, including but not limited to rowboats, canoes, rafts, kayaks and paddleboards, which are only operated by hand power, rowed, paddled or navigated by the current, shall have ready at hand a lantern or flashlight showing a white light capable of being exhibited in sufficient time to prevent a collision.

I.Enforcement Lights

Only watercraft used by a law enforcement officers authorized to enforce this rule or any of the laws of Title 12, MRSA, Chapter 935, are permitted to use or display a distinctive blue colored, pulsating or revolving light for the purposes of enforcing these laws on the water of this State in addition to any other navigational lights required.

J.Towboats

Towboats, when towing booms or rafts of wood products on solely internal waters of this State, shall display, in addition to the required lights for the watercraft, a flashing or pulsating amber light on either or both the towboat and the towed raft.

K.International Lights

Any watercraft using International Waters between sunset and sunrise must display lights required under International Regulations for Preventing Collisions at Sea (Colregs 1972). Lights under International Rules may be shown on inland waters.

2.Personal Flotation Devices (PFD) Required Usage
A. Every watercraft, unless specifically exempted in paragraph 5 below, shall carry at least one wearable PFD for each person on board, so placed as to be readily accessible.
B. No person shall operate a watercraft 16 feet or over in length, unless there is one wearable PFD for each person on board and at least one throwable PFD on board the watercraft. Exception: a throwable PFD is not required for a canoe, kayak or standup paddleboard.
C. Each PFD must be used in accordance with any requirements of its approval label and any requirements in its owner's manual, if its approval label makes reference to such manual.
D. No person shall operate a watercraft unless each PFD required by this act is:
(1) In serviceable condition;
(2) Identified by a label bearing a description and approval number demonstrating that the device has been approved by the USCG;
(3) Of an appropriate size for the person for whom it is intended;
(4) In the case of any wearable PFD, readily accessible aboard the watercraft (readily accessible aboard the watercraft means wearable type PFDs that are easily located and retrieved without searching, delay or hindrance);
(5) In the case of any throwable PFD, immediately available for use (immediately available for use means stored in plain and open view in the area where it will be used; not obstructed, blocked, or covered in any way; and capable of being quickly deployed);
(6) Out of its original packaging; and
(7) Not stowed under lock and key.
3.Exceptions
A. No person on board a watercraft of the United States operated by foreign competitors while practicing for or racing in competition, shall be required to have on board the watercraft any PFD required by this rule, provided there is on board the watercraft one of the sponsoring foreign country's acceptable flotation devices for each foreign competitor on board.
B. No person shall be required to have a PFD on board while utilizing a beach toy or a surf board within territorial waters as described by Title 12 Section 6001 48 -B, while in the narrow limits of a swimming, surfing or bathing area.
C. No person shall be required to have a PFD on board while utilizing a beach toy or a surf board within inland waters as defined by Title 12 Section 10001 - 35 while in the narrow limits of a swimming area as defined by Title 12 Section 1900 - 1.
D. No persons actively engaged in competitive racing or training while in racing shells, rowing sculls, racing canoes or racing kayaks that are recognized by National Racing Associations for use in competitive racing shall be required to have on board any PFD.
E. Please see Section 13.05 for PFD wear exceptions when engaged in certain watersports.
4.Special Mandatory PFD Requirements
A. Persons engaged in watersports shall wear a USCG approved PFD. This PFD may not be an inflatable PFD. No watercraft operator shall tow a watersports participant who is not wearing such a device. Please see Section 13.05 of this rule for exceptions to PFD requirements for persons engaged in watersports.
B. The operator or owner of any watercraft being used for recreational purposes, other than a watercraft required to have a certificate of inspection issued by the USCG, shall require any child age 10 and under who is aboard such watercraft to wear a PFD while the watercraft is underway.
C. All persons on board a personal watercraft, as defined by Title 12 section 13001 - 23 shall wear a PFD and no operator of a personal watercraft shall allow any person to be on board who is not wearing such a device. No person on board a personal watercraft shall use an inflatable PFD to meet the PFD requirements of this subsection.
D. Operation or other use of a watercraft by a licensed guide while assisting or accompanying a client on any waters of this State where licensing by the USCG is not required, is considered "recreational" use for the purposes of determining PFD requirements on the following chart.

All watercraft shall carry the following types and numbers of USCG approved PFDs based on the use and length of the watercraft, and the number of occupants of the watercraft, as indicated:

PERSONAL FLOTATION DEVICES

USE OF BOAT

LENGTH

REQUIRED TYPE OF PERSONAL FLOTATION DEVICE(S)

Recreational: Pleasure or Rental, Lease or Charter for noncommercial uses

Less than 16 feet; and all canoes, kayaks and paddleboards regardless of length

A wearable PFD for each person aboard, readily available.

16 feet or longer

A wearable PFD for each person plus one throwable life saving device immediately available in watercraft.

Commercial* Carrying a passenger for hire.

Any length

USCG approved wearable PFD with no less than 22 lbs. (100 N) of inherent buoyancy and turning capability, commonly referred to as a Type I device, of suitable size for each person aboard with at least 31 sq. in. of approved retroreflective material attached on all four sides.

Commercial Fishing and Commercial Barges

less than 40 feet

A wearable PFD of suitable size, readily available for each person aboard.

40 feet or longer

A Type 1 wearable PFD of suitable size, readily available for each person aboard.

*All Commercial Uses

26 feet or longer

In addition to the above, a throwable life saving device in the form of a ring buoy, immediately available.

5.Fire Extinguisher
A. Every motorboat shall be provided with the appropriate number, size, and type of fire extinguishers approved by the USCG as set forth below, which are capable of promptly and effectively extinguishing burning gasoline. The extinguishers shall be kept in condition for immediate use and so placed as to be readily accessible at all times. The provisions of this section shall not apply to watercraft propelled by outboard motors while competing in any authorized race previously arranged or announced, or if such watercraft are designed and intended solely for racing, while engaged in incidental navigation while preparing the motorboats for the race.

Minimum Number of B-1 Hand Portable Fire Extinguishers Required

Watercraft length, feet

No fixed system

With approved fixed system

Under 16

1 - B-I

0

16 and over, but under 26

1 - B-I

0

26 and over, but under 40

2 - B-II

1 - B-I

40 and over, but not over 65

3 - BI or B-II

2 - B-I or B-II

*One B-2 hand portable fire extinguisher may substitute for two B-1 hand portable fire extinguishers. Toxic vaporizing type extinguishers containing carbon tetrachloride or chlorobromethane are not acceptable fire extinguishers.

Fire Extinguisher Classification

Classification

Type - Size

Foam

(Gallons)

Carbon Dioxide

(Pounds)

Dry Chemicals

(Pounds)

B-1

1 3/4

4

2

B-2

2 1/2

15

10

A. Watercraft 26 feet or less in length which are propelled by outboard motors but are not carrying passengers for hire need not carry such fire extinguishers if the construction of such motorboats will not permit the entrapment of explosive or flammable gases or vapors. The intent of this exemption is illustrated in Figure 1 below, where fire extinguishers are required if any one or more of the specified conditions exist; and in Figure 2 below, where specified conditions do not, in themselves, require that fire extinguishers be carried.

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(1) Fire extinguishers are required if any one or more of the following conditions exist (numbers identifying conditions correspond to those shown in Figure 1):
(a) Closed compartment under thwarts and seats wherein portable fuel tanks may be stored.
(b) Double bottoms not sealed to the hull or which are not completely filled with flotation material.
(c) Closed living spaces.
(d) Closed stowage compartments in which combustible or flammable materials are stowed.
(e) Permanently installed fuel tanks.

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(2) The following conditions do not, in themselves, require that fire extinguishers be carried (numbers identifying conditions correspond to those shown in Figure 2):
(a) Bait wells
(b) Glove compartments
(c) Buoyant flotation material.
(d) Open slatted flooring.
(e) Ice chests.
5.Sound Devices

Every watercraft shall be provided with an efficient whistle and/or other sound producing device as set forth in the table below. Watercraft propelled by outboard motors while competing in authorized races or in incidental use while preparing a watercraft for such a race need not comply with these requirements. No sirens shall be used except on emergency or enforcement watercraft or to give fog signals.

Length of watercraft

Type of device

Less than 40 feet no bell required

Some means of making efficient sound signals

40 feet to less than 65 feet no bell required

Whistle audible for 1/2 mile (12-dB)

65 feet to 330 feet bell required

Gong and whistle audible for 1 mile (130 dB)

6.Ventilation
A. All motorboats, except open motorboats, for which any decking-over construction was begun after April 25, 1940, and which use fuel having a flashpoint of 110° or less, shall have at least 2 ventilator ducts, fitted with cowls or their equivalent, for the efficient removal of explosive or flammable gases from the bilges of every engine and fuel tank compartment. There shall be at least one exhaust duct installed so as to extend from the open atmosphere to the lower portion of the bilge and at least one intake duct installed so as to extend to a point at least midway to the bilge or at least below the level of the carburetor air intake. The cowls shall be located and trimmed for maximum effectiveness and in such a manner so as to prevent displaced fumes from being recirculated.
B. All motorboats built after July 31, 1978, except open motorboats, manufactured or used primarily for noncommercial use, which are rented, leased, or chartered to another for the latter's noncommercial use; or which engage in conveying six or fewer passengers, are exempted from the requirements of paragraph 1, provided they are equipped with fuel tank compartments that:
(1) Contain a permanently installed fuel tank or tanks where each electrical component is ignition-protected as approved by the USCG; and
(2) Contain only a fuel tank or tanks that vent to the outside of the watercraft.
C. All motorboats built after July 31, 1980, except open motorboats, manufactured or used primarily for noncommercial use and which are leased, rented, or chartered to another for the latter's noncommercial use; or which are engaged in the carriage of six or fewer passengers, are exempted from the requirements of paragraph 1 provided that such motorboats are equipped with a powered ventilation system that includes intake and exhaust ducts with cowls, and a powered blower installed on the exhaust duct, with the exhaust duct extending to the lower portion of the bilge. The requirement for the intake hose length is not applicable.
D. As used in this section, the term "open motorboats" means those motorboats with all engine and fuel tank compartments, and other spaces to which explosive or flammable gases and vapors from these compartments might flow, open to the atmosphere and so arranged as to prevent the entrapment of any such gases and vapors within the watercraft.
7.Backfire Flame Control

All gasoline engines installed in a watercraft, except outboard motors, shall be equipped with a USCG-approved device to efficiently and safely arrest engine backfire on each carburetor.

8.Visual Distress Signals
A. No person may use a watercraft 16 feet or more in length, or any watercraft carrying six or fewer passengers for hire on territorial waters, unless USCG-approved visual distress signals are on board. Devices suitable for daytime use and devices suitable for nighttime use, or devices suitable for both daytime and nighttime use must be carried.
B. Between sunset and sunrise, no person may use a watercraft less than 16 feet in length on territorial waters unless USCG-approved visual distress signals suitable for nighttime use are on board.
9.Exceptions to Visual Distress Signals
A. The following persons are exempt from carrying visual distress devices suitable for daytime use; however when operating between sunset and sunrise they must carry on board USCG approved visual distress signals suitable for nighttime use:
(1) A person competing in any organized marine parade, regatta, race, or similar event;
(2) A person using a manually propelled watercraft; or
(3) A person using a sailboat of completely open construction, not equipped with propulsion machinery, less than 26 feet in length.
B. Visual distress signals are not required to be carried by persons operating watercraft on territorial waters shoreward of a line where any entrance is less than 2 nautical miles between opposite shorelines, as shown below.

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C. Any of the following visual distress signals when carried in the numbers shown will meet the federal requirements.

Number Marked On Device

Device Description

Accepted for Use

Required to be Carried

160.021

Hand-held red flare distress signals. (These signals must have a date of manufacture of October 1, 1980 or later to be acceptable).

Day & Night

3

160.022

Floating orange smoke distress signals (5 min.).

Day only

3

160.024

Pistol-projected parachute red flare distress signals (37mm) (these signals require use in combination with a suitable approved launching device).

Day & Night

3

160.036

Rocket propelled parachute red flare distress signals.

Day & Night

3

160.037

Hand-held orange smoke distress signals.

Day only

3

160.057

Floating orange smoke distress signals. (15 min.)

Day only

3

060.066

Red aerial pyrotechnic flare distress signals for boats. (These devices may be either meteor or parachute type and may need an approved suitable launching device.)

Day & Night

3

09- 137 C.M.R. ch. 13, § 05