§ 12-96-5. Reckless or negligent operation.

No person shall operate, navigate or use any motorboat in a reckless or negligent manner so as to endanger the life, limb or property of any person. Without in any way limiting the generality of the foregoing, by express enumeration of the following offenses, each of the following offenses shall constitute operation in a reckless or negligent manner, and shall be presumed to endanger life, limb or property:

A.

Loading a motorboat with passengers or cargo beyond its safe carrying capacity, taking into consideration weather and all other existing conditions;

B.

Operating a motorboat, or manipulating any water skis, surfboard, aquaplane, or other object towed by the motorboat, in such manner as to cause risk of collision, near misses with other vessels, or in such a reckless or negligent manner as to endanger the life, limb or property of any person;

C.

Operating any motorboat, or manipulating any water skis, surfboard, aquaplane, or other object towed by the motorboat, while intoxicated or under the influence of any narcotic drug, barbiturate or marijuana;

D.

Operating the motorboat while the operator or other person is sitting on the gunwale or on the bow of the motorboat, providing that this restriction against sitting on the bow of a motorboat shall not apply to a motorboat which is equipped with protective bow railings, or lifelines, while the motorboat is moving at idle speed or a low speed, which does not approach a planing speed;

E.

Operating a motorboat at speeds that create a damaging wake in designated "no wake" or "reduced speed" areas around docks, piers, etc.;

F.

Operating a motorboat, towing a person or persons on water skis, surfboard, aquaplane, or similar device, or riding upon such water skis, surfboard, aquaplane or similar device, at any time between the hours from one hour after sunset to one hour before sunrise; providing that this prohibition shall not be applicable to exhibitions approved by the United States Coast Guard where adequate safeguards have been taken;

G.

Operating, navigating or manipulating any motorboat, tow rope, water skis, surfboard, aquaplane, or rider thereon in such manner as to cause the vessel, towrope, water skis, surfboard, aquaplane, or other device, or any person riding thereon, to collide with or strike or throw water upon any other person, boat or object;

H.

Operating a motorboat while pulling a person or persons on water skis, surfboard, aquaplane or other similar device, or riding upon such water skis, surfboard, aquaplane or other similar device, without two or more persons in the motorboat so that one will be available to keep a lookout ahead and the other to observe the person or persons being pulled;

I.

Crossing the bow of a tow close aboard, in such manner that if the engine failed, or the skier fell from his or her skis, the tow would not have ample room and opportunity to stop before striking the boat or the skier;

J.

Failing to have one United States Coast Guard approved life preserver aboard a motorboat for each person who is aboard the motorboat;

K.

Failing to have the required lights and equipment aboard in operating condition, as prescribed by the Motorboat Act of 1940, for the particular time and circumstances under which the motorboat is then operating.

(Code 1967, § 35-45; Code 1985, § 32-50)