§ 20.1-13-07 — Prohibited operation - Penalty

1. An individual may not operate a motorboat or vessel, or manipulate water skis, a
surfboard, or similar device in a reckless or negligent manner so as to endanger the
life, limb, or property of any individual. Reckless or negligent operation of a motorboat
or vessel includes weaving through congested motorboat or vessel traffic, jumping the
wake of another motorboat or vessel within one hundred feet [30.48 meters] of the
motorboat or vessel, or in any other manner that is not reasonable or prudent.
2. An individual may not operate a motorboat or vessel, or manipulate water skis, a
surfboard, or similar device if any of the following apply:
a. The individual has an alcohol concentration of at least ten one-hundredths of one
percent by weight at the time of the performance of the test within two hours after
the operating of a motorboat or vessel.
b. The individual is under the influence of intoxicating liquor.

c. The individual is under the influence of a drug or substance or combination of
drugs or substances to a degree which renders the individual incapable of safely
operating a motorboat or vessel.
d. The individual is under the combined influence of alcohol and any other drugs or
substances to a degree which renders that person incapable of safely operating a
motorboat or vessel.
The fact that an individual charged with violating this section is or has been legally
entitled to use alcohol or other drugs or substances is not a defense against a charge
for violating this section, unless a drug that predominantly caused impairment was
used only as directed or cautioned by a practitioner who legally prescribed or
dispensed the drug to the individual.
3. An individual under twelve years of age may not operate a motorboat propelled by
over a ten horsepower motor unless the operator is accompanied by an individual
eighteen years of age or older. An individual who violates this subsection is guilty of a
class 2 noncriminal offense.
4. An individual of twelve through fifteen years of age may not operate a motorboat
propelled by over a ten horsepower motor unless the operator is accompanied by an
individual eighteen years of age or older or the operator has taken and passed a
boating course approved by the department. An individual who violates this subsection
is guilty of a class 2 noncriminal offense.
5. An individual may not cause or knowingly permit a minor under sixteen years of age to
operate a motorboat propelled by over a ten horsepower motor unless the minor is
otherwise authorized to do so by this section.
6. An individual may not operate a motorboat or vessel within one hundred feet [30.48
meters] of a person fishing from a shoreline, swimmer, swimming diving raft, or an
occupied, anchored or nonmotorized vessel, or within two hundred fifty feet [76.20
meters] of a reduced speed or slow or no wake sign at greater than slow or no wake
speed.
7. An individual may not operate or permit the operation of a personal watercraft:
a. Without each person on board the personal watercraft wearing a United States
coast guard approved type I, II, III, or V personal flotation device;
b. Within one hundred feet [30.48 meters] of a person fishing from a shoreline,
swimmer, swimming diving raft, or an occupied, anchored or nonmotorized vessel
at greater than slow or no wake speed;
c. While towing an individual on water skis, a kneeboard, an inflatable craft, or any
other device unless an observer is on board or the personal watercraft is
equipped with a mirror on each side which provides the operator an unobstructed
field of vision to the rear;
d. Without a lanyard-type engine cutoff switch being attached to the individual,
clothing, or personal flotation device of the operator, if the personal watercraft is
equipped by the manufacturer with such a device;
e. If a part of the spring-loaded throttle mechanism has been removed, altered, or
tampered with so as to interfere with the return-to-idle system;
f. To chase or harass wildlife;
g. Through emergent or floating vegetation at other than slow or no wake speed;
h. In a manner that unreasonably or unnecessarily endangers life, limb, or property,
including weaving through congested watercraft traffic, jumping the wake of
another watercraft within one hundred feet [30.48 meters] of the other watercraft;
or
i. In any other manner that is not reasonable and prudent.
8. An individual who violates subdivision c of subsection 7 is guilty of a class 2
noncriminal offense.