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Unlawful and Dangerous Operation
Arkansas law states these dangerous operating practices are illegal:
Negligent or Reckless Operation of any motorboat or vessel or the reckless manipulation of water skis, aquaplane or other device is operating in a manner that causes danger to the life, limb or property of any person. Examples of negligent or reckless operation are:
- Weaving through congested waterway traffic
- Operating within 100 feet of a towboat that is underway
- Jumping the wake of another vessel too close to that vessel or when visibility is obstructed
- Swerving at the last possible moment to avoid collision
- Chasing or harassing wildlife with a motorboat or vessel
Negligent Operation is operating a vessel in a negligent manner, such as:
- Not paying attention to the operation of the vessel
- Failing to keep a proper lookout
- Failing to observe navigation rules
- Colliding with another vessel or object
- Operating a motorboat equipped by the manufacturer with a lanyard-type ignition safety switch without attaching the lanyard to their person, clothing or PFD
Remember-vessel owners are responsible
As an owner or lessee of a vessel, you are responsible for any injury or damage caused by the negligent operation of your vessel by others you knowingly allow to operate it. It will be assumed that you have given consent if your vessel is operated by an immediate family member.
Grossly Negligent Operation is operating a vessel or manipulating water skis, aquaplane or other device in a manner that results in serious injury or death.
Improper Speed or Distance is not maintaining a proper speed or distance while operating a motorboat.
Specifically, it is illegal to operate a motorboat:
- In a manner or at a speed that exceeds the safe and reasonable limits under existing circumstances
- At greater than slow-no wake speed (5 mph) in any posted no wake zone
- At a rate of speed that creates a hazardous wash or wake on approaching or passing vessels; for example 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
- At greater than no wake speed (5 mph) within 100 feet of a designated recreation area, dock, pier, raft, float, anchored vessel, dam, intake structure, or other obstruction, unless a different speed limit has been established in the area
Overloading or Overpowering is loading or powering the vessel beyond the recommended carrying capacity or horsepower shown on the capacity plate installed by the vessel's manufacturer. Also, it is illegal to load a vessel without a capacity plate in a manner that is unsafe or that results in the vessel sinking or capsizing.
Riding on Bow, Gunwales or Transom is allowing passengers to ride or sit on the gunwales or on the decking over the bow while underway on a motorboat 26-feet long or shorter, unless the motorboat is equipped with adequate guards or railing to prevent falls overboard.
Alcohol and Drugs
Operating any motorboat or vessel, or manipulating water skis or other device, while under the influence of alcohol or a controlled substance is illegal.
- Arkansas law states that a person is considered to be boating while intoxicated if he or she has a blood, breath, or urine alcohol concentration of 0.08% or more (if younger than 21, .02% is considered intoxicated), or is under the influence to such a degree that his or her reactions, motor skills and judgment are substantially altered and endangers anyone.
- Arkansas law establishes the following penalties for boating while intoxicated.
- A first conviction for boating while intoxicated may result in a fine up to $1,000, jail up to one year, or both. Also, the offender will lose the privilege of operating any motorboat for 90 days. More severe penalties exist for subsequent convictions.
- In addition, the convicted person will be required to complete, at his or her own expense, an approved alcohol education or alcoholism treatment program.
- By operating a motorboat or vessel on Arkansas' waters, you have given "implied" consent to alcohol testing if an officer has reasonable cause to believe you are boating while intoxicated. Refusal to be tested can result in a fine up to $2,500 and loss of operating privileges for up to six months.
- More severe penalties exist if involved in an accident that results in death or serious injury.
