The operator of any watercraft on the waters of this State
shall be responsible to ensure that such watercraft is equipped as specified in
this rule. Nothing in this regulation rule shall be construed to permit the
operation of any watercraft on the federal waters in this State unless they
conform to all applicable federal laws and regulations pertaining
thereto.
1.
Navigation Lights
and Shapes
In all weather, every watercraft operating on Maine's inland
waters between sunset and sunrise shall carry and exhibit the following lights
when underway; and during such time no other lights which may be mistaken for
those prescribed shall be exhibited. The word visible, in this subsection, when
applied to lights, shall mean visible on a dark night with clear
atmosphere.
A. Motorboats less than 40
feet in length must exhibit:
(1) A masthead
light showing at least two miles or an all-round light showing at least two
miles, placed as nearly as practical at the stern; and
(2) Sidelights showing at least one mile.
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B. Motorboats between 40 feet and 164 feet in
length must exhibit:
(1) A masthead light
showing at least five miles; and
(2) Sidelights showing at least two miles.
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C. All sailing watercraft underway shall
exhibit:
(1) Sidelights; and
(2) A stern light.
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D.
Sailing watercraft less than 65 feet
in length
(1) In a sailing watercraft
less than 65 feet in length the lights prescribed in paragraphs 3.a. and 3.b.
of this Rule may be combined by carrying one lantern at or near the top of the
mast where it can best be seen.
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(2)
Additional lights. A sailing watercraft underway, in addition to
the lights prescribed in paragraph 3.a. and 3.b. of this Rule, may exhibit at
or near the top of the mast where they can best be seen, two all-round lights
in a vertical line, the upper being red and lower being green. These lights
shall not be exhibited in conjunction with the combined lantern permitted by
paragraph 4.a. of this Rule.
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E.
Sailing watercraft less than 23 feet
in length; any watercraft under oars
(1) A sailing watercraft less than 23 feet in
length shall; if practicable, exhibit the lights prescribed in paragraph 3.a.
and 3.b. or 4.a. of this Rule. If the watercraft does not, it 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.
(2) A watercraft under oars may exhibit the
lights prescribed in this Rule for sailing watercraft. If the watercraft does
not it 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.
F.
Watercraft under Sail and Motor
A watercraft proceeding under sail when also being propelled
by machinery shall exhibit forward, where it can best be seen, a black conical
shape, with the apex pointing down. A watercraft of less than 40 feet in length
is not required to exhibit this shape, but may do so.
G.
Watercraft at Anchor
Any watercraft anchored on solely internal waters from sunset
to sunrise, may display in lieu of the above navigation lights, a single
all-round white light. Exception: manually propelled watercraft shall have
ready at hand a lantern or flashlight showing a white light which shall be
exhibited in sufficient time to prevent collision.
H.
Watercraft Manually Propelled
All watercraft not propelled by machinery or wind power,
including but not limited to rowboats, canoes, rafts, kayaks and paddleboards,
which are only operated by hand power, rowed, paddled or navigated by the
current, shall have ready at hand a lantern or flashlight showing a white light
capable of being exhibited in sufficient time to prevent a collision.
I.
Enforcement Lights
Only watercraft used by a law enforcement officers authorized
to enforce this rule or any of the laws of Title 12, MRSA, Chapter 935, are
permitted to use or display a distinctive blue colored, pulsating or revolving
light for the purposes of enforcing these laws on the water of this State in
addition to any other navigational lights required.
J.
Towboats
Towboats, when towing booms or rafts of wood products on
solely internal waters of this State, shall display, in addition to the
required lights for the watercraft, a flashing or pulsating amber light on
either or both the towboat and the towed raft.
K.
International Lights
Any watercraft using International Waters between sunset and
sunrise must display lights required under International Regulations for
Preventing Collisions at Sea (Colregs 1972). Lights under International Rules
may be shown on inland waters.
2.
Personal Flotation Devices (PFD)
Required Usage
A. Every watercraft,
unless specifically exempted in paragraph 5 below, shall carry at least one
wearable PFD for each person on board, so placed as to be readily
accessible.
B. No person shall
operate a watercraft 16 feet or over in length, unless there is one wearable
PFD for each person on board and at least one throwable PFD on board the
watercraft. Exception: a throwable PFD is not required for a canoe, kayak or
standup paddleboard.
C. Each PFD
must be used in accordance with any requirements of its approval label and any
requirements in its owner's manual, if its approval label makes reference to
such manual.
D. No person shall
operate a watercraft unless each PFD required by this act is:
(1) In serviceable condition;
(2) Identified by a label bearing a
description and approval number demonstrating that the device has been approved
by the USCG;
(3) Of an appropriate
size for the person for whom it is intended;
(4) In the case of any wearable PFD, readily
accessible aboard the watercraft (readily accessible aboard the watercraft
means wearable type PFDs that are easily located and retrieved without
searching, delay or hindrance);
(5)
In the case of any throwable PFD, immediately available for use (immediately
available for use means stored in plain and open view in the area where it will
be used; not obstructed, blocked, or covered in any way; and capable of being
quickly deployed);
(6) Out of its
original packaging; and
(7) Not
stowed under lock and key.
3.
Exceptions
A. No person on board a watercraft of the
United States operated by foreign competitors while practicing for or racing in
competition, shall be required to have on board the watercraft any PFD required
by this rule, provided there is on board the watercraft one of the sponsoring
foreign country's acceptable flotation devices for each foreign competitor on
board.
B. No person shall be
required to have a PFD on board while utilizing a beach toy or a surf board
within territorial waters as described by Title 12 Section 6001 48 -B, while in
the narrow limits of a swimming, surfing or bathing area.
C. No person shall be required to have a PFD
on board while utilizing a beach toy or a surf board within inland waters as
defined by Title 12 Section 10001 - 35 while in the narrow limits of a swimming
area as defined by Title 12 Section 1900 - 1.
D. No persons actively engaged in competitive
racing or training while in racing shells, rowing sculls, racing canoes or
racing kayaks that are recognized by National Racing Associations for use in
competitive racing shall be required to have on board any PFD.
E. Please see Section 13.05 for PFD wear
exceptions when engaged in certain watersports.
4.
Special Mandatory PFD
Requirements
A. Persons engaged in
watersports shall wear a USCG approved PFD. This PFD may not be an inflatable
PFD. No watercraft operator shall tow a watersports participant who is not
wearing such a device. Please see Section 13.05 of this rule for exceptions to
PFD requirements for persons engaged in watersports.
B. The operator or owner of any watercraft
being used for recreational purposes, other than a watercraft required to have
a certificate of inspection issued by the USCG, shall require any child age 10
and under who is aboard such watercraft to wear a PFD while the watercraft is
underway.
C. All persons on board a
personal watercraft, as defined by Title 12 section 13001 - 23 shall wear a PFD
and no operator of a personal watercraft shall allow any person to be on board
who is not wearing such a device. No person on board a personal watercraft
shall use an inflatable PFD to meet the PFD requirements of this
subsection.
D. Operation or other
use of a watercraft by a licensed guide while assisting or accompanying a
client on any waters of this State where licensing by the USCG is not required,
is considered "recreational" use for the purposes of determining PFD
requirements on the following chart.
All watercraft shall carry the following types and numbers of
USCG approved PFDs based on the use and length of the watercraft, and the
number of occupants of the watercraft, as indicated:
PERSONAL FLOTATION DEVICES
|
USE OF BOAT
|
LENGTH
|
REQUIRED TYPE OF PERSONAL FLOTATION
DEVICE(S)
|
|
Recreational: Pleasure or Rental, Lease or Charter
for noncommercial uses
|
Less than 16 feet; and all canoes, kayaks and
paddleboards regardless of length
|
A wearable PFD for each person aboard, readily
available.
|
|
16 feet or longer
|
A wearable PFD for each person plus one throwable
life saving device immediately available in watercraft.
|
|
Commercial* Carrying a passenger for hire.
|
Any length
|
USCG approved wearable PFD with no less than 22 lbs.
(100 N) of inherent buoyancy and turning capability, commonly referred to as a
Type I device, of suitable size for each person aboard with at least 31 sq. in.
of approved retroreflective material attached on all four sides.
|
|
Commercial Fishing and Commercial Barges
|
less than 40 feet
|
A wearable PFD of suitable size, readily available
for each person aboard.
|
|
40 feet or longer
|
A Type 1 wearable PFD of suitable size, readily
available for each person aboard.
|
|
*All Commercial Uses
|
26 feet or longer
|
In addition to the above, a throwable life saving
device in the form of a ring buoy, immediately available.
|
5.
Fire Extinguisher
A. Every motorboat shall be provided with the
appropriate number, size, and type of fire extinguishers approved by the USCG
as set forth below, which are capable of promptly and effectively extinguishing
burning gasoline. The extinguishers shall be kept in condition for immediate
use and so placed as to be readily accessible at all times. The provisions of
this section shall not apply to watercraft propelled by outboard motors while
competing in any authorized race previously arranged or announced, or if such
watercraft are designed and intended solely for racing, while engaged in
incidental navigation while preparing the motorboats for the race.
Minimum Number of B-1 Hand Portable Fire Extinguishers
Required
|
Watercraft length, feet
|
No fixed system
|
With approved fixed system
|
|
Under 16
|
1 - B-I
|
0
|
|
16 and over, but under 26
|
1 - B-I
|
0
|
|
26 and over, but under 40
|
2 - B-II
|
1 - B-I
|
|
40 and over, but not over 65
|
3 - BI or B-II
|
2 - B-I or B-II
|
*One B-2 hand portable fire extinguisher may substitute for
two B-1 hand portable fire extinguishers. Toxic vaporizing type extinguishers
containing carbon tetrachloride or chlorobromethane are not acceptable fire
extinguishers.
Fire Extinguisher Classification
|
Classification
Type - Size
|
Foam
(Gallons)
|
Carbon Dioxide
(Pounds)
|
Dry Chemicals
(Pounds)
|
|
B-1
|
1 3/4
|
4
|
2
|
|
B-2
|
2 1/2
|
15
|
10
|
A.
Watercraft 26 feet or less in length which are propelled by outboard motors but
are not carrying passengers for hire need not carry such fire extinguishers if
the construction of such motorboats will not permit the entrapment of explosive
or flammable gases or vapors. The intent of this exemption is illustrated in
Figure 1 below, where fire extinguishers are required if any one or more of the
specified conditions exist; and in Figure 2 below, where specified conditions
do not, in themselves, require that fire extinguishers be carried.
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(1) Fire
extinguishers are required if any one or more of the following conditions exist
(numbers identifying conditions correspond to those shown in Figure 1):
(a) Closed compartment under thwarts and
seats wherein portable fuel tanks may be stored.
(b) Double bottoms not sealed to the hull or
which are not completely filled with flotation material.
(c) Closed living spaces.
(d) Closed stowage compartments in which
combustible or flammable materials are stowed.
(e) Permanently installed fuel tanks.
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(2) The following conditions do not, in
themselves, require that fire extinguishers be carried (numbers identifying
conditions correspond to those shown in Figure 2):
(a) Bait wells
(b) Glove compartments
(c) Buoyant flotation material.
(d) Open slatted flooring.
(e) Ice chests.
5.
Sound
Devices
Every watercraft shall be provided with an efficient whistle
and/or other sound producing device as set forth in the table below. Watercraft
propelled by outboard motors while competing in authorized races or in
incidental use while preparing a watercraft for such a race need not comply
with these requirements. No sirens shall be used except on emergency or
enforcement watercraft or to give fog signals.
|
Length of watercraft
|
Type of device
|
|
Less than 40 feet no bell required
|
Some means of making efficient sound signals
|
|
40 feet to less than 65 feet no bell required
|
Whistle audible for 1/2 mile (12-dB)
|
|
65 feet to 330 feet bell required
|
Gong and whistle audible for 1 mile (130 dB)
|
6.
Ventilation
A. All motorboats,
except open motorboats, for which any decking-over construction was begun after
April 25, 1940, and which use fuel having a flashpoint of 110° or less,
shall have at least 2 ventilator ducts, fitted with cowls or their equivalent,
for the efficient removal of explosive or flammable gases 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
recirculated.
B. All motorboats
built after July 31, 1978, except open motorboats, manufactured or used
primarily for noncommercial use, which are rented, leased, or chartered to
another for the latter's noncommercial use; or which engage in conveying six or
fewer passengers, are exempted from the requirements of paragraph 1, provided
they are equipped with fuel tank compartments that:
(1) Contain a permanently installed fuel tank
or tanks where each electrical component is ignition-protected as approved by
the USCG; and
(2) Contain only a
fuel tank or tanks that vent to the outside of the watercraft.
C. All motorboats built after July
31, 1980, except open motorboats, manufactured or used primarily for
noncommercial use and which are leased, rented, or chartered to another for the
latter's noncommercial use; or which are engaged in the carriage of six or
fewer passengers, are exempted from the requirements of paragraph 1 provided
that such motorboats are equipped with a powered ventilation system that
includes intake and exhaust ducts with cowls, and a powered blower installed on
the exhaust duct, with the exhaust duct extending to the lower portion of the
bilge. The requirement for the intake hose length is not applicable.
D. As used in this section, the term "open
motorboats" means those motorboats with all engine and fuel tank compartments,
and other spaces to which explosive or flammable gases and vapors from these
compartments might flow, open to the atmosphere and so arranged as to prevent
the entrapment of any such gases and vapors within the watercraft.
7.
Backfire Flame
Control
All gasoline engines installed in a watercraft, except
outboard motors, shall be equipped with a USCG-approved device to efficiently
and safely arrest engine backfire on each carburetor.
8.
Visual Distress Signals
A. No person may use a watercraft 16 feet or
more in length, or any watercraft carrying six or fewer passengers for hire on
territorial waters, unless USCG-approved visual distress signals are on board.
Devices suitable for daytime use and devices suitable for nighttime use, or
devices suitable for both daytime and nighttime use must be carried.
B. Between sunset and sunrise, no person may
use a watercraft less than 16 feet in length on territorial waters unless
USCG-approved visual distress signals suitable for nighttime use are on
board.
9.
Exceptions to Visual Distress Signals
A. The following persons are exempt from
carrying visual distress devices suitable for daytime use; however when
operating between sunset and sunrise they must carry on board USCG approved
visual distress signals suitable for nighttime use:
(1) A person competing in any organized
marine parade, regatta, race, or similar event;
(2) A person using a manually propelled
watercraft; or
(3) A person using a
sailboat of completely open construction, not equipped with propulsion
machinery, less than 26 feet in length.
B. Visual distress signals are not required
to be carried by persons operating watercraft on territorial waters shoreward
of a line where any entrance is less than 2 nautical miles between opposite
shorelines, as shown below.
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C.
Any of the following visual distress signals when carried in the numbers shown
will meet the federal requirements.
|
Number Marked On Device
|
Device Description
|
Accepted for Use
|
Required to be Carried
|
|
160.021
|
Hand-held red flare distress signals. (These signals
must have a date of manufacture of October 1, 1980 or later to be
acceptable).
|
Day & Night
|
3
|
|
160.022
|
Floating orange smoke distress signals (5
min.).
|
Day only
|
3
|
|
160.024
|
Pistol-projected parachute red flare distress signals
(37mm) (these signals require use in combination with a suitable approved
launching device).
|
Day & Night
|
3
|
|
160.036
|
Rocket propelled parachute red flare distress
signals.
|
Day & Night
|
3
|
|
160.037
|
Hand-held orange smoke distress signals.
|
Day only
|
3
|
|
160.057
|
Floating orange smoke distress signals. (15
min.)
|
Day only
|
3
|
|
060.066
|
Red aerial pyrotechnic flare distress signals for
boats. (These devices may be either meteor or parachute type and may need an
approved suitable launching device.)
|
Day & Night
|
3
|
