§ 27-101-203 — Equipment requirements - Definition

(a) (1) Every vessel shall have aboard: (A) One (1) United States Coast Guard-approved wearable personal flotation device that is: (i) Used according to its approved conditions; (ii) In good and serviceable condition; and (iii) Of proper size for each person on board; (B) A vessel twenty-six feet (26') or over shall have a United States Coast Guard-approved and charged fire extinguisher on board; (C) A motorboat under twenty-six feet (26') shall have a United States Coast Guard-approved and charged fire extinguisher on board if the motorboat has: (i) Permanently installed fuel tanks; (ii) Closed compartments under a thwart and seat where portable fuel tanks may be stored; (iii) A double-bottom not sealed to the hull or not completely filled with flotation material; (iv) Enclosed living spaces; or (v) Closed stowage compartments where combustible or flammable materials may be stowed; (D) If carrying or using any flammable or toxic fluid in any enclosure for any purpose, and if not an entirely open motorboat, an efficient natural or mechanical ventilation system which shall be capable of removing resulting gases prior to and during the time the motorboat is occupied by any person; (E) Additional equipment designed to promote the safety of navigation and of persons that the Arkansas State Game and Fish Commission may find to be appropriate and for which it has provided in its rules. However, before making those rules, or changes or additions thereto, the Arkansas State Game and Fish Commission shall hold public hearings, after reasonable notice thereof, of any proposed rule to be adopted; and (F) In addition, every vessel sixteen feet (16') and longer shall have aboard one (1) United States Coast Guard-approved throwable personal flotation device. (2) Each person being towed in a water sport activity must wear or have securely upon his or her body a life preserver or buoyant vest of the types described in subdivision (a)(1)(A) of this section in good and serviceable condition at all times while engaging in the water sport activity. (3) In addition, all occupants of personal watercraft must wear a personal flotation device of the types described above while aboard the vessel. (4) Occupants of a vessel who are twelve (12) years of age or younger must wear personal flotation devices of the types described above securely fastened to their persons at all times while aboard any vessel, unless such occupants are within the enclosed area of a houseboat or cruiser, unless underway, or within the area enclosed by railings on a party barge, cruiser, or houseboat, unless underway. (5) In addition, the requirements of subdivisions (a)(1)(A) and (F) of this section and subdivisions (a)(2)-(4) of this section shall not be applicable to organized water carnivals, water skiing exhibitions, or other organized water sports exhibitions, or to persons participating in those activities or exhibitions. (6) When in operation during hours of darkness on waters under the jurisdiction of the United States, a motorboat's lighting shall be in accordance with the following specifications: (A) Class A and Class 1 under twenty-six feet (26') - combination red and green light on bow, with red on the port side and green on the starboard side, and a white horizon light aft, on the stern, that is visible for three hundred sixty degrees (360°) of the compass; (B) Class 2 and Class 3, twenty-six feet (26') to not more than sixty-five feet (65') - twenty-point white light forward, red port and green starboard side lights, and white horizon light aft; and (C) Lights must conform to the specifications contained in the United States Coast Guard Inland Navigation Rules. (7) When in operation during hours of darkness on state-controlled waters, a motorboat's lighting shall be sufficient to make the motorboat's presence and location known to any and all other vessels within a reasonable distance. (b) No person shall operate or give permission for the operation of a motorboat which is not equipped as required by subsection (a) of this section or a modification thereof. (c) The use of dry stack headers or pipes extending directly from the engine of a motorboat which does not have any type of muffler is prohibited except for motorboats competing in a sanctioned regatta or boat race and for those motorboats while on trial runs during a period not to exceed forty-eight (48) hours immediately preceding such regatta or race and for those motorboats while competing in official trials for speed records during a period not to exceed forty-eight (48) hours immediately following the regatta or race and only on the body of water where the regatta or boat race is being held. (d) No vessel used on the waters of this state shall be equipped with a siren, except vessels used by law enforcement officers. (e) (1) (A) No person shall operate a motorboat equipped by the manufacturer with a lanyard-type engine cutoff switch while the engine is used to propel the boat without attaching the lanyard to the operator, the operator's clothing, or if the operator is wearing a personal flotation device, to the device as appropriate for the specific vessel. (B) However, if a motorboat equipped with a lanyard-type switch is a houseboat or a pontoon boat or is traveling less than five miles per hour (5 m.p.h.), the lanyard shall not be required to be attached to the operator, the operator's clothing, or the operator's personal flotation device. (2) As used in this subsection, "lanyard-type engine cutoff switch" means an emergency engine or motor shut-off switch that attaches by a lanyard to the person operating the motorboat and that is constructed and installed in a manner so that when in use, the switch will immediately shut off the boat's engine or motor if the operator falls overboard or is removed from the normal operating station of the boat. (3) This subsection does not apply to flat-bottomed boats operated on the tailwaters of a trout fishery nor to flat-bottomed boats operated for duck hunting purposes during duck season.

Legislative History

Amended by Act 2019, No. 315,§ 3180, eff. 7/24/2019. Amended by Act 2015, No. 694,§ 1, eff. 7/22/2015. Acts 1959, No. 453, §§ 5, 8; 1961, No. 423, §§ 2, 4; 1965, No. 408, § 1; A.S.A. 1947, §§ 21-225, 21-228, 21-237; Acts 1995, No. 517, §§ 9, 10; 2003, No. 127, § 1; 2005, No. 1297, § 2.