HAR §13-244-17. Riding on bow or gunwales prohibited

No person operating a motorboat of twenty-six feet or less in length shall allow any person to ride or sit on the gunwales thereof or on the decking over the bow of the vessel while underway unless the motorboat is provided with adequate guards or railing to prevent passengers from being lost overboard. Nothing in this section shall be construed to mean that passengers or other persons aboard a motorboat cannot occupy the decking over a bow of the boat to moor the vessel or to cast off from a mooring, or for any other necessary purpose. [Eff 2/24/94] (Auth: HRS §200-24) (Imp: HRS §§200-22, 200-24) §13-244-18 Waterskiing; dangerous practices prohibited; hand signals. (a) No motorboat which shall have in tow or shall be otherwise assisting a person on water skis, aquaplane or similar contrivance, shall be operated or propelled in or upon any waterway, unless such motorboat shall be occupied by at least two competent persons, one of whom shall observe at all times the progress of the person or persons being towed; provided, that this subsection shall not apply to motorboats used in duly authorized water-ski tournaments, competitions, expositions, or trials therefor, or to any motorboat equipped with an adequate rear view mirror. A rear view mirror shall be considered adequate if it permits the operator to 244-12 Unofficial Compilation see the person being towed when that person is within the towboat wakes on a seventy-five foot line and to identify common hand signals used by the person being towed. An observer shall be considered competent if, in fact, the observer is at all times observing the progress of the person or persons being towed and is accurately relaying signals or other pertinent information to the vessel operator concerning the progress of the person being towed. This subsection shall not apply to vessels less than sixteen feet in length actually operated by the person or persons being towed and so constructed as to be incapable of carrying the operator in or on the vessel. (b) No motorboat shall have in tow or shall otherwise be assisting a person on water skis, aquaplane or similar contrivance during the period from sunset to sunrise; provided, that this subsection shall not apply to motorboats used in duly authorized water-ski tournaments, competitions, expositions, or trials therefor. (c) All motorboats having in tow or otherwise assisting a person on water skis, aquaplane or similar contrivance, shall be operated in a careful and prudent manner and at a reasonable distance from persons or property so as not to endanger the life or property of any person. (d) No person shall operate or manipulate any vessel, towrope or other devices by which the direction or location of water skis, an aquaplane, or similar device may be affected or controlled in such a way as to cause the water skis, aquaplane or similar devices, or any person thereon to collide with or strike against any person or object. This subsection does not apply to collisions with towlines nor to collisions of two or more persons, aquaplanes or similar devices being towed behind the same vessel, nor to collisions with ski jumps, buoys or similar objects normally used in competitive or recreational waterskiing. (e) No person shall operate any motorboat towing or otherwise assisting a person on water skis, 244-13 Unofficial Compilation aquaplane or similar contrivance unless such vessel is equipped with a ladder, steps or similar means by which any person being towed can be taken from the water; provided, that this subsection shall not apply to motorboats used in. duly authorized water-ski tournaments, competitions, expositions, or trials therefor. (f) No person shall operate any motorboat towing or otherwise assisting a person on water skis, aquaplane or similar contrivance unless the person being towed is equipped with a lifesaving device; provided that this subsection shall not apply to persons participating in authorized water-ski tournaments, competitions, expositions, or trials therefor. (g) No person who is under the influence of intoxicating liquor or who is a habitual user of or under the influence of any drug to a degree which renders the person incapable of safely manipulating water skis or aquaplane or similar contrivance shall manipulate waterskis, an aquaplane or similar contrivance on the waters of the State. (h) The following uniform system of hand signals shall be used by water-skiers while engaged in water- skiing activity: (1) Faster. Palm of the hand pointing upward. (2) Slower. Palm of the hand pointing downward. (3) Speed correct. Arm upraised with the thumb and forefinger forming a circle. (4) Right turn. Arm outstretched pointing to the right. (5) Left turn. Arm outstretched pointing to the left. (6) Back to the drop-off area. Arm at forty- five degrees angle from body pointing down to water and swinging. (7) Cut motor. Finger drawn across throat. (8) Stop. Hand up, palm forward, police traffic style. (9) Skier unhurt (O.K.) after fall. Hands clenched overhead. 244-14 Unofficial Compilation (10) Pick me up--fallen skier--watch out. One ski held vertical (pointing skyward) as far out of the water as practicable. (i) No person shall manipulate any water skis, aquaplane or similar device in a reckless or negligent manner so as to endanger any person or property. [Eff 2/24/94] (Auth: HRS §200-24) (Imp: HRS §§200-22, 200- 24) §13-244-19 Authorization required to hold regatta, marine parade, boat race or exhibition. (a) Authorization required; submission of application. (1) Any person or organization planning to hold a regatta or marine parade which, by its nature, circumstances or location, will, introduce extra or unusual hazards to the safety of persons or property on the waters of the State shall submit an application to the chairperson of the board of land and natural resources. No person shall hold such a regatta or marine parade, unless the authorization of the chairperson, has been secured, except that the chairperson's authorization is not required if prior authorization has been secured from the United States Coast Guard. Examples of conditions which are deemed to introduce extra or unusual hazards to the safety of life include, but are not limited to: an inherently hazardous competition, the customary presence of commercial or pleasure craft in the area, any obstruction of navigable channels which may reasonably be expected to result, and the expected accumulation of spectator craft. (2) Where the events are to be held regularly or repeatedly in a single area by an individual or organization, the chairperson may, subject to conditions set from time to time by the department, grant a permit for the 244-15 Unofficial Compilation series of events for a fixed period of time, not to exceed one year. (3) The application shall be submitted no less than thirty days prior to the start of the proposed event. (4) The application shall include the following details: (A) Name and address of sponsoring organization. (B) Name, address, and telephone number of person or persons in charge of the event. (C) Nature and purpose of the event. (D) Information as to general public interest. (E) Estimated number and type of watercraft participating in the event. (F) Estimated number and type of spectator watercraft. (G) Number of boats being furnished by sponsoring organization to patrol event. (H) Time schedule and description of events. (I) A section of a chart or scale drawing showing the boundaries of the event, various water courses or areas to be utilized by participants, officials, and spectator craft. (b) An authorization by the chairperson does not exempt a person holding an event from compliance with applicable federal law. [Eff 2/24/94; am 12/31/18] (Auth: HRS §§200-22, 200-24) (Imp: HRS §§200-22, 200- 24)