Chapter 4: The Legal Requirements of Boating
Unlawful Operation of a Vessel
Massachusetts law states that these dangerous operating practices
are illegal.
Reckless or Negligent Operation of a vessel
is the failure to exercise the degree of care necessary to prevent
the endangering of life, limb, or property of any person. Examples
of reckless or negligent operation are:
- Operating at high speed or erratically in congested waterway
traffic
- Operating such that your vessel or another vessel must swerve
abruptly or cut speed in order to avoid collision
- Operating near or through areas being used by swimmers or
divers
- Operating such that your vessel collides with another vessel,
object, or person
- Operating under the influence of alcohol or drugs
- Cutting through a regatta or marine parade in progress
- Operating between sunset and sunrise without displaying navigation
lights
- Chasing or harassing wildlife with your vessel
Improper Speed or Distance is not maintaining
a proper speed and/or distance while operating a vessel. Specifically,
it is illegal to operate any vessel:
- At a distance from other vessels or at a speed that exceeds
safe and reasonable limits given the waterway traffic; marked
speed limits; visibility; wind, water, and current conditions;
and the proximity of navigational hazards
- At greater than 45 miles per hour on any inland waters of
Massachusetts, except on areas posted otherwise
- At any speed within the following swimming areas:
- 150 feet of shorelines used as swimming areas
- 75 feet of floats or markers that designate swimming areas
- At a rate of speed that creates a wake that causes damage,
injury, or excessive rocking to other vessels, rafts, or floats
- At more than headway speed under
any of the following conditions:
- Within 150 to 300 feet of shorelines used as swimming
areas
- Within 150 feet of marinas, ramps, rafts, or floats
- Within 150 feet of swimmers
- When vision is obscured by bridges, bends in the waterway,
or any other reason
- When operating in a channel, unless channel markers state
that higher speeds are allowed
 Failure
to Follow Navigational Rules is operating a vessel on
Massachusetts waters in violation of the navigational rules.
Riding on the Bow or Gunwales is allowing passengers
to ride on the bow, gunwales,
or any other position where there is a danger of falling overboard.
Overloading or Overpowering is loading or powering
the vessel beyond the safe load and power limits taking into consideration
weather and other operating conditions. The safe load and power
limits for most vessels are shown on the capacity
plate installed by the vessel manufacturer.
Unsafe Condition is operating a vessel in a
condition that causes danger to the occupants or others on the
waterways. Law enforcement officers may instruct the operator to
take immediate corrective action or terminate the voyage if any
of the following “unsafe conditions” exist:
- Inadequate number of life jackets or fire extinguishers
- Overloading (check capacity plate information)
- Failure to display navigation lights after sunset
- Fuel leakage or excessive fuel accumulation in bilges or engine
compartment
- Lack of proper ventilation of engine spaces
- Failure to meet carburetor backfire flame arrestor requirements
- Excessive leakage or accumulation of water in the bilge
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