250-RICR-80-00-1
250-RICR-80-00-1. Requirements and Standards for Vessels and Associated Equipment (version Technical Revision, 07/16/2014 to 01/04/2022)
1.1 Purpose
These rules and regulations
are promulgated in accordance with R.I. Gen. Laws § 46-22-5(k) to
adopt regulations consistent with the Federal Boating Safety Act of
1971.
1.2 Authority
These rules and regulations
are promulgated pursuant to R.I. Gen. Laws Chapter 42-17.1,
Environmental Management, R.I. Gen. Laws § 46-22-5(k), and in
accordance with R.I. Gen. Laws Chapter 42-35, Administrative
Procedures.
1.3 Application
The terms and provisions of
these rules and regulations shall be liberally construed to permit
the Department to effectuate the purposes of state laws, goals, and
policies.
1.4 Definitions
A. For the purpose of these
regulations, the following terms shall have the following meanings:
1. “Aids to navigation”
means any device designed or intended to assist the navigator to
determine his/her position or safe course or to warn him/her of
danger or obstructions to navigation.
2. “All-round light” means
a light showing an unbroken light over an arc of 360 degrees.
3. “Canoe” means a narrow
vessel or shallow draft, typically pointed at both ends and propelled
by human power and includes kayaks.
4. “Kiteboard” means a
vessel, similar in appearance to a surfboard, with or without
foot-straps or bindings combined with a large controllable kite to
propel the rider and board across the water.
5. “Masthead light” means
a white light placed over the fore and aft centerline of the vessel
showing an unbroken light over an arc of the horizon of 225 degrees
and so fixed as to show the light from right ahead to 22.5 degrees
abaft the beam on its respective side.
6. “Motorboat” means as
defined by Definitions; 46 C.F.R. § 24.10-1, means any vessel 65
feet (19.8 meters) in length or less that is propelled by machinery.
The word “motorboat” includes a boat temporarily or permanently
equipped with a detachable motor. For purposes of this chapter,
motorboat shall not include houseboats as defined R.I. Gen. Laws §
44-5-25.1.
7. “Motor vessel” means as
defined by 46 C.F.R. § 24.10-1 means any vessel more than 65 feet
(19.8 meters) in length that is propelled by machinery.
8. “Paddleboard” means a
vessel consisting of a large board which is stable enough to support
a person standing while it is paddled in a manner similar to
operating a canoe and is “practically capable” and intended to be
used as a water sport activity beyond the narrow limits of a
swimming, surfing, or bathing area. A paddleboard being used within
the limits of a swimming, surfing, or bathing area is not considered
a vessel at that time and not subject to the safety equipment
carriage requirements of these regulations.
9. “Personal flotation
device" or "PFD” means a lifesaving flotation device
approved by the United States Coast Guard, pursuant to 46 C.F.R. §
160.
10. “Personal watercraft”
means a vessel, less than 16 feet (4.9 meters) in length that is
propelled by machinery and is designed to be operated by a person
sitting, standing, or kneeling on the vessel, rather than the
conventional manner of sitting or standing inside of the vessel.
11. “Racing shell" or
"rowing scull" or "racing kayak” means a manually
propelled vessel that is recognized by national or international
racing association(s) for use in competitive racing, and one in which
all occupant's row, scull, or paddle with the exception of a
coxswain, if one is provided, and is not designed to carry equipment.
12. “Readily accessible”
means when used to describe the accessibility of personal flotation
device(s) (PFDs), fire extinguisher(s), and visual distress device(s)
means that the equipment described is visible to the operator and
passengers and easy to gain access to in the event of an emergency.
13. “Regulatory markers”
means any device which indicates to a vessel operator the existence
of dangerous areas as well as those which are intended to restrict or
control, such as speed zones and areas indicated to a particular use
or to provide general information and directions. This includes, but
is not limited to, bathing markers, speed zone markers, information
markers, danger zone markers, boat keep out areas, and mooring areas.
14. “Rowboat” means any
vessel, except a canoe, that is designed to be rowed by human power
by oars or paddles and upon which there is no mechanical propulsion
device or sail used for the operation of the vessel.
15. “Sailboat” means any
vessel equipped with masts and sails, dependent upon the wind to
propel it in the normal course of operation.
16. “Sailboard” means a
vessel, similar in appearance to a surfboard, equipped with a swivel
mounted mast and sail not secured to a hull by guys or stays.
17. “Serviceable condition”
means when used to describe the condition of personal flotation
device(s) (PFDs), fire extinguisher(s), and visual distress device(s)
means that the device is in working condition and is as manufactured
without modification or missing, broken or torn parts, and any
expiration date on the device is still valid.
18. “Sidelights” means a
green light on the starboard side and a red light on the port side,
each showing an unbroken light over an arc of the horizon of 112.5
degrees and so fixed as to show the light from right ahead to 22.5
degrees abaft the beam on its respective side. On a vessel of less
than 39.37 feet (12 meters) in length, the sidelights, when combined
in one lantern, shall be placed as nearly as practicable to the fore
and aft centerline of the vessel.
19. “Sternlight” means a
white light placed as nearly practicable at the stern showing an
unbroken light over an arc of the horizon of 135 degrees and so fixed
as to show the light 67.5 degrees from the right aft on each side of
the vessel.
20. “Throwable PFD” means
a personal flotation device that is intended to be thrown to a person
in the water and used in accordance with any limitations specified on
the U.S. Coast Guard approved label and with the manufacturer’s
instructions. A specifically marked “wearable” PFD is not a
throwable PFD.
21. “Underway” means that
a vessel is not at anchor, or made fast to the shore, or aground.
22. “Vessel” means every
description of watercraft or other artificial contrivance used or
capable of being used as a means of transportation on water.
23. “Wearable PFD” means a
personal flotation device that is intended to be worn or otherwise
attached to the body and used in accordance with any limitations
specified on the U.S. Coast Guard approved label and with the
manufacturer’s instructions.
24. “Whistle” means any
sound signaling appliance which complies with the specifications of
33 C.F.R. § 86, Annex III-Technical Details of Sound Signaling
Appliances.
1.5 Enforcement
Pursuant to R.I. Gen. Laws §
46-22-17, the Department of Environmental Management Environmental
Police Officers, harbormasters, and police officers have the
authority to enforce state laws and regulations on all tidal and
non-tidal waters of the state. In his/her jurisdiction, an
enforcement officer has the authority to stop and board any vessel to
check for compliance with state law.
1.6 Personal
Flotation Devices
1.6.1 Applicability
A. These regulations shall
apply to all vessels used on waters subject to the jurisdiction of
the state, except:
1. Racing shells, rowing
sculls, racing kayaks, and any vessel engaged in a sanctioned
regatta, race or a practice held within 48 hours of the sanctioned
event.
2. Personal Flotation Devices
Required
a. No person may use a vessel
less than 16 feet (4.9 meters) in length including canoes, kayaks,
sailboards, kiteboards and paddleboards unless:
(1) At least one wearable U.S.
Coast Guard approved PFD is on a vessel for each person on board.
(2) Each wearable PFD is used
in accordance with any requirements on the U.S. Coast Guard approved
label and used in accordance with the manufacturer’s
recommendations for its intended use.
b. No person may use a vessel
16 feet (4.9 meters) or more in length unless:
(1) At least one wearable U.S.
Coast Guard approved PFD is on a vessel for each person on board.
(2) Each wearable PFD is used
in accordance with any requirements on the U.S. Coast Guard approved
label and used in accordance with the manufacturer’s
recommendations for its intended use.
(3) One U.S. Coast Guard
approved throwable PFD is on a vessel in addition to the number of
wearable PFD’s required.
3. Exemptions
Canoes, kayaks, sailboards,
kiteboards and paddleboards 16 feet (4.9 meters) in length and
greater are exempted from the carriage requirements of having one
throwable PFD on board the vessel.
4. Stowage
a. No person may use a vessel
unless each wearable PFD is readily accessible.
b. No person may use a vessel
unless each throwable PFD is readily accessible.
5. Conditions: Approval:
Marking
a. No person may use a vessel
unless each PFD required is: In serviceable condition, i.e. all
straps, hardware, cover, flotation material, in undamaged condition.
b. Legibly marked with the
approval number from the U.S. Coast Guard as specified in 46 C.F.R.
Part 160 for items subject to approval.
c. Of an appropriate size for
the person for whom it is intended.
6. Flotation Devices: Children
Pursuant to R.I. Gen. Laws §
46-22-9.2, any person transporting a child under 13 years of age in a
recreational vessel less than 65 feet (19.8 meters) in length on the
waters of this state shall require that the child wear a wearable PFD
approved by the U.S. Coast Guard while underway, unless below deck in
a closed cabin.
1.7 Fire
Extinguishing Equipment
A. Applicability
This section applies to all
motorboats and motor vessels used on waters subject to the
jurisdiction of this state.
B. Prohibition
No person may use a motorboat
or motor vessel unless it meets the requirements of § 1.7(D) of this
Part.
C. Classification of Fire
Extinguishing Equipment
1. Hand-portable fire
extinguishers and semi-portable fire extinguishing systems are
classified by a combination letter and number symbol; the letter
indicates the type of fire which the unit could be expected to
extinguish, and the number indicates the relative size of the unit.
2. For the purpose of this
section, all required hand-portable extinguishers and semi-portable
fire extinguishing systems are of the “B” type, i.e., suitable
for extinguishing fires involving flammable liquids, greases, etc.
3. The number designations for
size will start with “I” for the smallest to “V” for the
largest. For the purpose of this section, only sizes I through III
will be considered. Sizes I and II are considered hand-portable fire
extinguishers and sizes III, IV, and V are considered semi-portable
fire extinguishing systems which shall be fitted with suitable hose
and nozzle or other practicable means so that all portions of the
space concerned may be covered.
D. Fire Extinguishing
Equipment Required:
1. All motorboats shall carry
at least the minimum number of hand- held portable fire extinguishers
set forth in § 1.22 of this Part, except motorboats less than 26
feet (7.9 meters) in length, propelled by outboard motors and not
carrying passengers for hire. These need not carry such portable
fire extinguishers if the construction of such motorboats will not
permit the entrapment of explosive or flammable gasses or vapors.
See § 1.7(E) of this Part.
2. All motor vessels shall
carry at least the minimum number of hand- portable fire
extinguishers set forth in § 1.23 of this Part and the following
fire extinguishing equipment fitted in each machine space:
a. One Type B-II hand-portable
fire extinguisher shall be carried for each 1,000 B.H.P. of the main
engines or fraction thereof. However, not more than six such
extinguishers need to be carried.
b. On motor vessels over 300
gross tons, either one Type B-III semi-portable fire extinguishing
systems shall be fitted, or alternatively, a fixed fire extinguishing
system shall be fitted in the machinery space. The frame or support
of each Type B-III fire extinguisher required must be welded or
otherwise permanently attached to a bulkhead or deck.
E. Exemptions
A person using a motorboat
equipped with an outboard motor, less than 26 feet (7.9 meters) in
length need not comply with § 1.22 of this Part if the construction
of such motorboat will not permit the entrapment of explosive or
flammable gases or vapors. The motorboat must comply with § 1.22 of
this Part if one or more of the following conditions exist:
1. Closed compartment under
thwarts and seats wherein portable fuel tanks may be stored.
2. Double bottoms are not
sealed to the hull or that are not completely filled with flotation
material.
3. Closed living spaces.
4. Closed stowage compartments
in which combustible or flammable materials are stowed.
5. Permanently installed fuel
tanks: A tank is considered permanently installed if it is secured
so that it cannot be moved in case of a fire or other emergency or if
it is such a weight that it cannot be moved by persons on board.
F. Stowage
Each item of
fire-extinguishing equipment required by § 1.7(D) of this Part must
be:
1. Stowed away from the
potential hazard area.
2. Readily accessible.
G. Approval: Condition:
Marking
Each item of hand-portable or
semi-portable fire extinguishing equipment and each fixed fire
extinguishing system required by § 1.7(D) of this Part must be:
1. Approved by the U.S. Coast
Guard, under 46 C.F.R. § 162.028 or § 162.039 as applicable.
2. In good serviceable
condition.
H. Fire Extinguishing
Equipment Prohibited
The carriage of the following
types of fire extinguishers is prohibited:
1. Dry chemical stored
pressure type, not fitted with pressure gauges or indicating devices.
2. Vaporizing liquid type
containing tetrachloride, chloroboromethane, or other toxic
vaporizing liquids.
1.8 Backfire
Flame Control
A. Applicability
This section applies to all
motorboats and motor vessels, used on the waters subject to the
jurisdiction of the state, and to which regulations apply, in which
gasoline engines are installed, except vessels equipped with outboard
motors.
B. Backfire Flame Control
Requirement
No person may use a motorboat
or motor vessel to which this section applies, unless each engine is
provided with at least one of the following means of backfire flame
control:
1. Backfire flame arrestor.
2. An engine air and fuel
induction system.
3. An attachment to the
carburetor or a location of the engine air induction system by means
of which flames caused by engine backfire will be dispersed to the
atmosphere outside the boat in such a manner that the flames will not
endanger the boat, persons on board, or nearby vessels and
structures.
4. On boats having an
integrated engine-boat design, an engine air induction system.
C. Approval: Marking:
Condition
With the exception of §§
1.8(D) and (E) of this Part, no person may use a motorboat or motor
vessel to which this section applies unless each backfire flame
control installation required by § 1.8(B) of this Part is:
1. Approved by the U.S. Coast
Guard under 46 C.F.R. § 182.415.
2. Marked according to the
requirements in 46 C.F.R. § 182.415.
3. Maintained in serviceable
condition.
D. Installation not Requiring
Approval
Any attachment designed,
constructed, and installed under the provisions of § 1.7(B)(1) of
this Part does not require approval and labeling. However, all
attachments shall be of metallic construction with flame-tight
connections, firmly secured to withstand vibrations, shock and engine
backfire, and maintained in serviceable condition.
E. Installation with Prior
Approval
Installation consisting of
backfire flame arresters or engine air and fuel induction systems
bearing U.S. Coast Guard approval No.162.015 need not meet the
detailed requirements of § 1.7(D) of this Part and may continue to
be in use as long as they are maintained in serviceable condition.
Replacements shall meet the applicable conditions in this section.
1.9 Ventilation
A. Applicability
This section applies to all
motorboats and motor vessels used on waters subject to the
jurisdiction of this state.
B. Prohibition
No person may use a motorboat
or motor vessel unless it meets the requirements of § 1.9(C) of this
Part.
C. Tanks and Engine Spaces
1. All motorboats or motor
vessels to which this section applies, except open boats, the
construction or decking over of which is commenced after April 25,
1940, and which uses fuel having a flash-point of 110 degrees
Fahrenheit or less, shall have at least 2 ventilator ducts fitted
with cowls or their equivalent, for the efficient removal of
explosive or flammable gasses from the bilges of every engine and
fuel tank compartment. There shall be at least one exhaust duct
installed so as to extend from the open atmosphere to the lower
portion of the bilge and at least one intake duct installed so as to
extend to a point at least midway to the bilge or at least below the
level of the carburetor air intake. The cowls shall be located and
trimmed for maximum effectiveness and in such a manner so as to
prevent displaced fumes from being re-circulated.
2. As used in this section,
the term “Open Boats” means those motorboats or motor vessels
with all engine and fuel tank compartments and other spaces to which
explosive or flammable gasses and vapors from these compartments may
flow, open to the atmosphere and so arranged as to prevent the
entrapment of such gasses and vapors within the vessel.
1.10 Navigation
Lights and Day Shapes
A. Applicability
Every vessel, used on the
waters subject to the jurisdiction of this state, and subject to
these regulations, from sunset to sunrise, and other periods of
reduced visibility, shall carry and exhibit the following lights
while underway or at anchor, and during such time, no other lights
which may be mistaken for those prescribed shall be exhibited. The
rules concerning shapes shall be complied with by day, sunrise to
sunset.
B. Visibility
The lights prescribed in
these rules shall be visible at the following minimum ranges:
1. Vessels of 164.04 feet (50
meters) or more in length:
a. A masthead light: 6 miles,
b. A sidelight: 3 miles,
c. A sternlight: 3 miles,
d. A white, red, or green
all-round light: 2 miles
2. Vessels of 39.4 feet (12
meters) or more but less than 164.04 feet (50 meters) in length:
a. A masthead light: 5 miles,
except that where the length of the vessel is less than 65.6 feet (20
meters): 3 miles,
b. A sidelight: 2 miles,
c. A stern light: 2 miles,
d. A white, red, or green
all-round light: 2 miles
3. Vessels of less than 39.4
feet (12 meters) in length:
a. A masthead light: 2 miles,
b. A sidelight: 1 mile,
c. A stern light: 2 miles,
d. A white, red, or green
all-round light: 2 miles
C. Power-Driven Vessels While
Underway
1. A power-driven vessel
underway shall exhibit a masthead light forward, a second masthead
light abaft of and higher than the forward one, except that a vessel
of less than 164.04 feet (50 meters) in length shall not be obliged
to exhibit a second masthead light abaft of and higher than the
forward one but may do so. Sidelights and a stern light shall also
be exhibited.
2. A power driven vessel of
less than 39.4 feet (12 meters) in length may, in lieu of the lights
prescribed in § 1.10(C)(1) of this Part exhibit an all-round white
light, and sidelights.
D. Sailing Vessels Underway
and Manually Propelled Vessels
1. A sailing vessel underway
shall exhibit sidelights and a sternlight.
2. A sailing vessel of less
than 65.6 feet (20 meters) in length may, in lieu of the lights
prescribed in § 1.10(D)(1) of this Part, may combine the lights in §
1.10(D)(1) of this Part in one lantern carried at or near the top of
the mast where it can best be seen.
3. A sailing vessel underway
may, in addition to the lights prescribed in § 1.10(D)(1)
of this Part, exhibit at or the near top of the mast, where they can
best be seen, two all-round lights in a vertical line, the upper
being red and the lower green, but these lights shall not be
exhibited in conjunction with the combined lantern permitted by §
1.10(D)(2) of this Part.
4. A sailing vessel of less
than 22.97 feet (7 meters) in length shall, if practicable, exhibit
the lights prescribed in §§ 1.10(D)(1) or (2) of this Part, but if
she does not, she shall have, ready at hand, an electric torch or
lighted lantern showing a white light which shall be exhibited in
sufficient time to prevent collision.
5. A manually propelled vessel
may exhibit the lights prescribed in this Part for sailing vessels,
but if she does not, she shall have, ready at hand, an electric torch
or lighted lantern showing a white light which shall be exhibited in
sufficient time to prevent collision.
6. A vessel proceeding under
sail, when also being propelled by machinery, shall exhibit forward,
a conical shape, apex downward, where it can best be seen. A vessel
less than 39.4 feet (12 meters) in length is not required to exhibit
this shape, but may do so.
7. Sailing vessels using
machinery, or sail and machinery, must display lights required for
power driven vessels in § 1.10(C) of this Part.
E. Anchored Vessels and
Vessels Aground
1. Vessels at anchor shall
exhibit where it can best be seen in the fore part, an all-round
white light or one ball; and at or near the stern, and all-round
white light at a lower level than the all-round white light or one
ball in the fore part where it can best be seen.
2. Vessels of less than 164.04
feet (50 meters) in length may exhibit an all-round white light where
it can best be seen instead of the lights prescribed in § 1.10(E)(1)
of this Part.
3. A Vessel at anchor may, and
a vessel of 328.1 feet (100 meters) or more in length, shall also use
the available working or equivalent lights to illuminate her decks.
4. A vessel aground shall
exhibit the lights prescribed in §§ 1.10(E)(1) or (2) of this Part
and in addition, if practicable, where they can best be seen, two
all-round red lights in a vertical line or three balls in a vertical
line.
5. Vessels of less than 22.97
feet (7 meters) in length when at anchor, not in or near a narrow
channel, fairway, anchorage, or where other vessels normally
navigate, shall not be required to exhibit the lights or shapes
prescribed in §§ 1.10(E)(1) and (2) of this Part.
6. Vessels of less than 39.4
feet (12 meters) in length, when aground, shall not be required to
exhibit two all-round red lights in a vertical line or three balls in
a vertical line as prescribed in § 1.10(E)(4) of this Part.
1.11 Sound
Producing Devices
A. Applicability
1. This section applies to all
vessels used on waters subject to the jurisdiction of this state,
except:
2. Racing shells, rowing
skulls, racing kayaks, and any vessels engaged in a sanctioned
regatta, race or a practice held within 48 hours of the sanctioned
event.
B. Prohibition
No person may use a vessel to
which this section applies unless it meets the requirements of 33
C.F.R. § 86, Annex III-Technical Details of Sound Signal Appliances.
C. Requirements
1. Vessels of 39.4 feet (12
meters) but less than 65.6 feet (20 meters) in length shall be
provided with a whistle audible for 1/2 nautical mile; a vessel 65.6
feet (20 meters) but less than 328.1 feet (100 meters) in length
shall be provided with a whistle and a bell audible for 1 nautical
mile; a vessel 328.1 feet (100 meters) in length or more shall be
provided with a whistle, bell and a gong, the tone of which cannot be
confused with that of a bell. For all vessels, the bell or gong or
both may be replaced by other equipment having the same respective
sound characteristics, provided that manual sounding of the
prescribed signals shall always be possible.
2. Vessels of less than 39.4
feet (12 meters) including canoes, kayaks, sailboards, kiteboards,
and paddleboards shall carry some means of making an efficient sound
signal capable of a 4 second blast and audible for ½ nautical mile.
1.12 Visual
Distress Signals
A. Applicability
This section applies to all
vessels used on the coastal waters of this state.
B. Classification of Visual
Distress Signals
A visual distress signal is a
device approved by the United States Coast Guard under 46 C.F.R. §§
160 and 161. The Federal Requirements for visual distress signals
are located in 33 C.F.R. § 175.
C. Visual Distress Signal
Requirements
1. No person shall use a
vessel 16 feet (4.9 meters) or more in length unless visual distress
signals selected from § 1.12 of this Part, in the number required,
are on board. Devices suitable for day use and for night use, or
combination devices designed for both day and night use must be
carried.
2. No person may use a vessel
less than 16 feet (4.9 meters) in length, between sunset and sunrise,
unless visual distress signals suitable for night use, selected from
§ 1.12 of this Part in the number required, are on board.
3. When a visual distress
signal carried to meet these regulations requires a launcher, a
launcher approved by the U.S. Coast Guard under 46 C.F.R. §
160.028 is required.
D. Exemptions
1. The following persons need
not comply with § 1.12(C) of this Part; however, each must carry on
board visual distress signals suitable for night use, selected from §
1.12 of this Part in the number required, between sunset and sunrise:
2. Racing shells, rowing
skulls, racing kayaks and any vessel engaged in a sanctioned regatta,
race or a practice held within 48 hours of the sanctioned event.
3. A sailboat of completely
open construction not equipped with propulsion machinery, under 26
feet (7.9 meters) in length.
E. Stowage
No person may use a vessel
unless the required visual distress signals are readily accessible.
F. Serviceability
No person may use a vessel
unless each required signal is in serviceable condition and the
service life, indicated by a date marked on the signal, has not
expired. Expired signals may be carried as extra equipment, but
cannot be counted toward the visual distress requirement.
G. Marking
No person may use a vessel
unless each signal required is legibly marked with the U.S. Coast
Guard approval number or certification statement as specified in 46
C.F.R. §§ 160 and 161.
H. Prohibited Use
No person in a vessel shall
display a visual distress signal on waters to which these regulations
apply under any circumstance except a situation where assistance is
needed because of immediate or potential danger to the persons on
board.
1.12.1 Table - Visual
Distress Signals Required
Approval
Number
Device
Description
Requirements
Required
46
C.F.R. § 160.021
Hand-Held
Red Flare Distress Signal
Day/Night
3
46
C.F.R. § 160.022
Floating
Orange Smoke Distress Signal
Day
Only
3
46
C.F.R. §160.024
Parachute
Red Flare Distress Signal (these signals require use in
combination with a suitable launching device approved by the U.S.
Coast Guard under 46 C.F.R. § 160.028).
Day/Night
3
46
C.F.R. § 160.036
Hand-Held
Rocket-Propelled Parachute Red Flare Distress Signal
Day/Night
3
46
C.F.R. § 160.037
Hand-Held
Orange Smoke Distress Signal
Day
Only
3
46
C.F.R. § 160.057
Floating
Orange Smoke Distress Signal
Day
Only
3
46
C.F.R. § 160.066
Distress
Signal For Boats, Red Aerial Pyrotechnic Flare (these devices may
be either meteor or parachute assisted types. Some of these
signals may require use in combination with a suitable launching
device approved by the U.S. Coast Guard under 46 C.F.R. §
160.028).
Day/Night
3
1.13 Uniform
State Waterway Marker System
A. State Agency May Make
Regulations
The Department of
Environmental Management may make rules for the uniform marking of
the water areas in this state through the placement of aids to
navigation and regulatory markers prescribed by the U. S. Coast
Guard. No city, county, or person shall mark or obstruct the waters
of this state in any manner so as to endanger the operation of
watercraft or conflict with the marking system prescribed by the
Department of Environmental Management.
B. Disobedience to Aids to
Navigation or Regulatory Markers
It shall be unlawful for a
person to operate a vessel on the waters of this state in a manner
other than that prescribed or permitted by the aid to navigation
and/or the regulatory marker as referenced in § 1.13(A) of this
Part.
C. Interference with Aids to
Navigation or Regulatory Markers
No person shall moor or
fasten a vessel to or willfully damage, tamper, remove, obstruct, or
interfere with any aid to navigation or regulatory marker prescribed
or permitted pursuant to § 1.13(A) of this Part.
1.14 Accidents
and Casualties
A. Reporting of Accidents and
Casualties
1. The owner or operator of
any vessel on the waters of this state, involved, or whose vessel is
involved, in an accident and/or casualty where the value of the
damage is in excess of two thousand dollars ($2,000.00), or other
casualty which results in death or injury to a person, shall report
the same, and immediately give notice of the incident to the
Department of Environmental Management or to a nearby office of local
or state police.
2. Examples of casualties that
are required to be reported under this Rule are:
a. A collision between two
vessels where the total property damage to either or both vessels is
estimated to be more than two thousand dollars ($2,000.00).
b. A grounding of a vessel
that results in property damage in excess of $2,000.00.
c. A collision with a fixed
object (dock, pier, buoy, etc.) that results in property damage in
excess of $2,000.00.
d. Any injury to a person that
requires treatment beyond first aid. (e.g. struck by a vessel, falls
overboard, falls caused by wake, as a result of a collision,
collision being towed by a vessel, riding on a vessel, etc.).
e. A person becoming seriously
ill or dying from medical causes not related to boating is not a
reportable accident under this Rule.
B. Owner Required to Make
Written Report
The owner of a vessel
involved in an accident or casualty in excess of two thousand dollars
($2,000.00) shall, within five (5) days after the incident, forward a
written report of the incident to the Department of Environmental
Management, Division of Law Enforcement, 235 Promenade Street, Room
250, Providence, RI 02908, on forms provided by the department.
1.15 Rules
of Navigation
A. These rules and regulations
adopt the following:
1. The International
Navigation Rules Act of 1977, P.L. 95-75, 91 Stat. 311, 33 U.S.C. §§
1601-1608, 33 C.F.R. §§ 80-82, for the operation of vessels on the
waters of this state south of the COLREG’s Demarcation Line.
2. The Inland Navigation Rules
Act of 1980, P.L. 96-591, 94 Stat. 3415, 33 C.F.R. §§ 83-90 for the
operation of vessels on the waters of this state north of the
COLREG’s Demarcation Line.
1.16 Warning
Flags for Scuba Divers, Skin Diving, or Snorkeling
A. Applicability
This section applies to any
person scuba diving, skin diving, or snorkeling in an area where
motor boats or motor vessels are operated on the waters subject to
the jurisdiction of this state.
B. Requirements and
Restrictions for the Use of Warning Flags
1. A warning flag shall be
placed on a buoy at a place of the diver’s submergence. The flag
shall be red in color and at least twelve by twelve inches (12” x
12”) with a white stripe running from the diagonal corners and the
stripe one quarter (1/4) as wide as the flag.
2. If not placed on a buoy, a
warning flag shall be conspicuously flown upon a vessel which the
diver is then using in the area. This flag shall meet the
description of § 1.16(B)(1) of this Part, however, it shall be at
least eighteen by eighteen inches (18"x 18").
3. A warning flag shall be in
place only while diving operations are in progress.
4. A warning flag shall be
illuminated by a light shining on the flag during the hours between
sunset and sunrise.
5. No person shall use a
warning flag in an area that obstructs navigation.
6. Motorboats shall not be
operated within fifty feet (50') of any flag as above described. No
person shall be in violation of this section if he or she travels
within fifty feet (50') of a scuba diver, skin diver, or snorkeler
who is in fact obstructing navigation.
1.17 Towing
Skiers
A. Applicability
This section applies to all
vessels on waters subject to the jurisdiction of the state towing a
person(s) on water skis, surfboard, tube, or similar device.
B. Requirements and
Restrictions for Towing Skiers
1. No person shall operate a
vessel on any waters of this state for towing a person(s) on water
skis, surfboard, tube, or similar device unless there is a person in
the vessel at least twelve (12) years of age in addition to the
operator who is in a position to observe the progress of the
person(s) being towed.
2. Any person on water skis,
surf board, tube, or similar device being towed behind a vessel, must
wear a personal flotation device approved by the U.S Coast Guard and
approved for this towing activity.
3. No person shall operate a
vessel on any waters of this state towing a person(s) on water skis,
surfboard, tube, or similar device, nor shall any person engage in
water skiing, surfboarding, tubing, or a similar activity at any time
between the hours from one hour after sunset to one hour before
sunrise.
4. No person shall operate or
manipulate any vessel, tow rope, or other device by which the
direction or location of water skis, a surfboard, or similar device
may be affected or controlled in such a way as to cause the water
skis, surfboard, or similar device, or any person thereon to collide
with or strike against any object or person.
C. Exemptions
The provisions of §§
1.17(B)(1) through (3) of this Part do not apply to a performer
engaged in a professional exhibition or a person(s) engaged in an
activity authorized under R.I. Gen. Laws § 46-22-13.
1.18 Vessel
Registration Numbering and Display of Numbers
A. Applicability
This section applies to all
vessels required to be registered and numbered under R.I. Gen. Laws
Chapter 46-22 used on the waters subject to the jurisdiction of this
state.
B. Prohibition
No person may operate a
vessel unless it meets the requirements of §§ 1.18(C) and (D) of
this Part unless exempted from numbering and registration under R.I.
Gen. Laws Chapter 46-22.
C. Position of Vessel Numbers
and Registration Decal
The registration numbers
assigned to a vessel must be placed on said vessel. These numbers
must be at least three inches high; must be of a contrasting color to
the background upon which they are placed; must be painted or
attached to each side of the forward half of the vessel and so
positioned to read from left to right and be distinctly visible and
legible except as allowed by § 1.18(D) of this Part. In addition to
the registration number, each registered vessel must display the
assigned registration decal to be affixed within three inches to the
right of the registration number. No other numbers and only current
decals shall be displayed. The numbers and decal must be displayed
so that there is a space between the prefix (state abbreviation),
four numerals, the suffix (letter or letters) and the decal. The
width of the space between each must be at least the width of a
numeral or letter other than 1 or I.
1. Example: RI 1234 X
D. Exemptions
1. When a vessel is used by a
manufacturer or by a dealer for testing or demonstrating, the
registration number may be painted on or attached to removable plates
that are temporarily but firmly attached to each side of the forward
half of the vessel.
2. When a vessel is so
configured that a registration number on the hull or superstructure
would not be easily visible, the registration number must be painted
on a backing plate that is attached to the forward half of the vessel
so that the number is visible from each side of the vessel.
3. When a vessel has been
documented by the U.S. Coast Guard, the vessel must follow federal
laws and regulations with regards to the display of documentation
numbers, and the assigned registration decals must be placed on each
side of the forward half of the vessel where the decals are
distinctly visible. It is acceptable for a documented vessel to
place the registration decal in an area other than the hull of the
vessel. For example, a window or the windshield may be used.
E. Certificate of Number
(Registration) required on Board
A valid certificate of number
(registration) or temporary registration must be on board the vessel
whenever the owner or any person authorized by the owner is aboard,
except that a rental boat may carry a rental agreement in lieu of the
certificate. Each person using a vessel to which this rule applies
shall present the certificate of numbers (registration) to any
federal, state or local enforcement officer for inspection at his or
her request.
1.19 Penalties
Any person who violates any
provision of these regulations promulgated under R.I. Gen. Laws
Chapter 46-22 shall be subject to the imposition of a penalty for
each and every violation as provided in R.I. Gen. Laws § 46-22-19.
1.20 Severability
If any provision of these
rules and regulations, of the application thereof to any person or
circumstances, is held invalid by a court of competent jurisdiction,
the validity of the remainder of the rules and regulations shall not
be affected thereby.
1.21 Superseded
Rules and Regulations
On the effective date of
these rules and regulations, all previous rules and regulations and
any policies regarding the administration and enforcement of The
Regulation Boats R.I. Gen. Laws Chapter 46-22 shall be superseded.
However, any enforcement action taken by or application submitted to,
the department prior to the effective date of these rules and
regulations shall be governed by the rules and regulations in effect
at the time the enforcement action was taken, or application filed.
1.22 Table
- Minimum Number of B-I Hand-Portable Fire Extinguishers Required
Length
of Vessel
Without
an Approved Fixed Fire Extinguishing System
With
an Approved Fixed Fire Extinguishing System
Less
than 26ft. (7.9 meters) in length
1
0
26ft.
(7.9 meters) to less than 40ft. (12.2 meters)
2
1
40ft.
(12.2 meters) to 65ft. (19.8 meters) in length
3
2
Note:
One B-II Hand-portable fire extinguisher may be substituted for
two B-I hand-portable fire extinguishers.
1.23 Table
- Minimum Number of B-I Hand-Portable Fire Extinguishers Required
Gross
Tonnage
Number
of B-II Fire Extinguishers
0-50
Tons
1
50-100
Tons
2
100-500
Tons
3
500-1000
Tons
6
Over
1000 Tons
8