It's the Law: On the Water

In addition to the laws mentioned previously, here are other Massachusetts regulations that apply when vessel operators are on the water.

Unlawful and Dangerous Operation

Massachusetts law states that these dangerous operating practices are also 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 may include:

• Operating at high speed or erratically in congested waterway traffic
• Operating such that your vessel or another vessel must abruptly swerve or abruptly 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:
  • 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 if:
  • 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
  • Vision is obscured by bridges, bends in the waterway, or by any other reason
  • Operating in a channel, unless channel markers state that higher speeds are allowed

“Headway Speed” is the minimum speed at which a vessel may be operated and maintain steering, but not to exceed 6 miles per hour.

Riding on the Bow or Gunwales without adequate guardrail is a dangerous practice. It increases the risk of falls overboard and may obstruct the operator's view.

Failure to Follow Navigational Rules is considered a violation of Massachusetts' regulation 323 CMR 2.07(13).

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