§ 27-101-202 - Restrictions on manner of operation. - Arkansas Statutes

27-101-202. Restrictions on manner of operation.

No person:

(1) Shall operate any motorboat or vessel or manipulate any water skis, aquaplane, personal watercraft, or similar device in a reckless or negligent manner that endangers the life, limb, or property of any person, including, but not limited to, weaving through congested vessel traffic, operating within one hundred feet (100') of a towboat that is underway, jumping the wake of another vessel too close to such other vessel, or when visibility around such other vessel is obstructed and swerving at the last possible moment to avoid collision shall constitute reckless operation of a vessel;

(2) Shall operate a motorboat on the waters of this state at a rate of speed that creates a hazardous wash or wake upon approaching or passing vessels, including, but not limited to, a wake that causes other vessels to take on water, or a wake sufficient to toss occupants of other vessels about in a manner to cause injury or the risk of injury;

(3) Shall operate a motorboat upon the waters of this state within one hundred feet (100') of a designated recreation area, dock, pier, raft, float, anchored boat, dam, intake structure, or other obstruction at a speed exceeding five (5) miles per hour unless a contrary speed limit shall have been established in the designated area. However, in no case shall any motor boat be driven in a manner or at a speed that exceeds the safe and reasonable limits under the existing circumstances;

(4) Shall operate or manipulate any vessel, tow rope, or other device by which the direction or location of water skis, an aquaplane, or similar device may be affected or controlled in a way that causes the water skis, aquaplane, or similar device, or any person thereon, to collide with or strike against any object or persons;

(5) Shall operate a vessel on any waters of this state for towing a person or persons on water skis, or an aquaplane, personal watercraft, or similar device, unless there is in the vessel a person twelve (12) years of age or older, in addition to the operator, in a position to observe the progress of the person or persons being towed. However, if the towing boat is equipped with a wide-angle convex marine rear-view mirror in a position to observe the skiers being towed, the above requirement shall not apply;

(6) Shall operate a vessel on any waters of this state towing a person on water skis, or an aquaplane or similar device, nor shall any person engage in water skiing, aquaplaning, or similar activity at any time between the hours from one-half (1/2) hour after sunset to one-half (1/2) hour before sunrise. However, the provisions of this subdivision (6) do not apply to night water skiing or aquaplaning on controlled areas designated for those purposes where adequate lighting is provided;

(7) Shall operate any motorboat or vessel or manipulate any water skis, aquaplane, or similar device while intoxicated or under the influence of any narcotic drug, barbiturate, or marijuana or while under any physical or mental disability so as to be incapable of operating the motorboat or vessel safely under the prevailing circumstances;

(8) Shall load any vessel used on the waters of this state with passengers or cargo beyond its safe carrying capacity, as indicated on the manufacturer's capacity plate, or power any vessel with an outboard motor which exceeds the maximum horsepower rating specified by the manufacturer. In addition, no person shall load a boat without a capacity plate in a manner that is unsafe or that results in the sinking or capsizing of the boat;

(9) If operating a motorboat of twenty-six feet (26') or less in length, shall allow any person to ride or sit on the gunwales or on the decking over the bow of the vessel while underway unless the vessel is equipped with adequate guards or railing to prevent passengers from being lost overboard. However, this restriction shall not apply to persons occupying the gunwales or the decking over the bow for necessary purposes such as mooring or casting off;

(10) If owning or having control of a motorboat of ten horsepower (10 HP) or more, shall permit a person under twelve (12) years old to operate the motorboat of ten horsepower (10 HP) or more except under the direct visible and audible supervision of a parent, guardian, or other person over seventeen (17) years of age;

(11) Shall operate any vessel or manipulate any water skis, aquaplane, personal watercraft, or similar device in a grossly negligent manner that results in serious injury or death to any person; or

(12) Shall operate a vessel upon the waters of this state in a negligent manner, including, but not limited to:

(A) Inattentive operation;

(B) Failure to keep a proper lookout;

(C) Failure to observe the inland navigation rules of the road, as implemented by the United States Coast Guard; or

(D) Operating in a manner which results in a collision with another vessel or object.