#181 Regulating use olake Johanna

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watercraft he is operating or the persons aboard, immediately stop the watercraft being passed or its occupants. No person operating at the scene of the accident or incident and render such assistance a watercraft shall abruptly change its course without first deter- as may be practicable and necessary and shall give his name, mining that it can be safely done without risk of collision. address, and license number of the watercraft he is operating and (2) When watercraft are approaching each other head on, or the name and address of the owner thereof to the person injured nearly so, each shall turn to the right a sufficient distance so that or the operator or occupants of the other watercraft or owner or they will safely pass. When the course of an approaching craft occupant of the property involved, and shall promptly report the is so far to the right as not to be considered as meeting head on, accident or incident to the sheriff of the county in which the acci- each shall maintain its course and pass clear. dent or incident occurred. Sheriffs are required to report all acci- (3) When watercraft are crossing courses, or approaching each dents and incidents to the commissioner of natural resources, who other obliquely or at right angles, so as to involve risk of collision, shall transmit statistics on boating accidents and incidents to the the craft which has the other on its own right shall yield right- secretary of the treasury. of-way. Subd. 2. The owner and operator of any watercraft shall be (4) A sailboat has right-of-way over a motor-powered watercraft jointly and severally liable for any injury or damage occasioned except when it is the overtaking watercraft. Small sailboats should by the negligent operation of such watercraft whether such negli- not insist on this right-of-way when approaching large commercial gence consists of a violation of the provisions of the statutes of this e vessels. Wate,rcraft propelled by oars or paddles shall also be given state, or neglecting to observe such ordinary care in such operation right-of-way by motor-powered watercraft. Motor-powered water- as the rules of common law require. The owner shall not be liable craft should always keep clear and pass astern of such watercraft. if such watercraft is being operated without his express or implied (b) General Mod6 of Operation of Watercraft. consent. It is presumed that such operation is with the knowledge (1) No person shall operate a watercraft in such a manner that and consent of the owner if at the time of the injury or damage it is under the control of his or her spouse, father, mother, brother, its wash or wake will endanger, harass or unnecessarily interfere sister, son, daughter or other member of the owner's immediate with any other person or property. family. Nothing contained in this Subdivision shall be construed (Z) No person shall operate a watercraft in any manner as to to relieve any other person from any liability which he would other- intentionally obstruct or interfere with the take-off, ]anding, or wise have, nor shall anything contained in this subdivision be con- taxiing of any aircraft. strued to authorize or permit any recovery in excess of the injury (3) No person shall operate a watercraft within 150 feet of a or damage actually incurred. diver's warning flag (described in NR 206 (a) (6) ( 361.141. SAFETY EQUIPMENT. c) Safety Equipment. Subd. 1. Livesaving devices. Every person on board a water- (1) Every person on board a non-motorized canoe or kayak shall craft, except a non-motorized canoe or kayak, shall wear or have K'ear or have readily accessible to him on board the non-motorized readily accessible to him on board the watercraftfor his personal canoe or kayak for his personal use a U.S. Coast Guazd approved lifesavin device of the sort a lifesaving device. A lifesaving device of the vest type with no less use a g pproved by the U.S. Coast than 150 permanently inflated air sacs of 12 mil vinyl construction Guard. The commissioner may prescribe by regulation lifesaving and capable of supporting a minimum weight of 13 pounds may devices approved by the U.S. Coast Guard, or other lifesaving ' be substituted for a U.S. Coast Guard approved lifesaving device. devices, to be worn or carried on board canoes or kayaks. All such (2) All motor-powered watercraft 26 feet or more in overall devices shall be in good and serviceable condition. len th shall be e ui ed with one hand or Subd. 2. Responsibility for required equipment. The owner of g q pP power-operated horn a business which rents, leases, or hires out watercraft shall provide . or whistle audible at least one mile. a lifesaving device required by this section for each person on board ~3) All motor-powered watercra£t less than 26 feet in length with the watercraft. construction permitting the entrapment of explosive or flammable gases or vapors must have at least one B-1 type hand portable 361.15. LIGHTS U.S. Coast Guard approved fire extinguisher fully charged and in Subd. 1. Each watercraft using the waters of this state, when good operating condition on board and readily accessible. underway or in use at any time between sunset and sunrise, shall (4) All motor-powered watercraft 26 feet to less than 40 feet carry and display the lights specified in the Section or by the com- in length must have at least two B-I U.S. Coast Guard approved missioner for such watercraft. "Visible", as used in this Section, hand portable fire extinguishers, or at least one B-II type U.S. means visible on a dark night with clear atmosphere. Coast Guard approved hand portable fire extinguisher on board Subd. 2. Every watercraft under 26 feet when underway, shall in good condition, fully charged and readily accessible. 12 25