2.01 Purpose

323 CMR 2.00 is intended to promote the protection of public safety and welfare by encouraging voluntary compliance and by deterring and penalizing noncompliance with statutes and regulations concerning boating. The purpose is to enhance the Division of Law Enforcement’s ability to efficiently and effectively improve the safe use of motorboats and all vessels, and to effectively administer its programs and accomplish its statutory mandates.

323 CMR 2.00 should be read together with MGL c. 90B which has many important substantive requirements not repeated in 323 CMR 3.00.

2.02 Definitions and Interpretation

CFR means: Code of Federal Regulations

Dealer means: A person, firm, corporation or entity engaged in the business of buying, selling, or exchanging vessels at an established or permanent place of business in the Commonwealth and that each such place maintains a sign conspicuously displayed showing the name of the dealership and indicating that vessels may be purchased at such place so that it may be located and identified as a vessel dealer by the public. Headway speed means: the minimum speed at which a vessel may be operated and maintain steerage way, but not to exceed six miles per hour.

Length of a motorboat means: the extreme fore and aft measurement in feet and inches over the deck in a straight line parallel to the keel center line from the foremost to aftermost part of the vessel, excluding sheer, bowsprits, booms, rudders, outboard motor brackets and similar fittings or attachments.

Motorboat, for purposes of MGL c. 90B, SS 4B, 5, 6, 7, 8, 9, 11, 12, and 12A and regulations thereunder means: Any vessel propelled by machinery whether or not such machinery is the principal source of propulsion and shall include a pleasure vessel which has a valid marine document issued by the United States Bureau of Customs or any federal agency successor thereto. For purposes of MGL c. 90B, SS 2, 3, 4, and 4A and regulations thereunder "motorboat" means any vessel propelled by machinery whether or not such machinery is the principal source of propulsion but not a vessel which has a valid marine document issued by the United States Bureau of Customs or any federal agency successor thereto.

Nighttime means: that period of time from sunset to sunrise as determined by the chart set forth in 323 CMR 2.00, Appendix 1.

Similar device, when used in connection with the words "water skis" and "surfboard" in MGL c. 90B S 8 means any object used in the towing of a person or persons by a motorboat whether the person or persons ride on the device or hold onto it.

References herein to any state or federal law shall apply to any such law as amended from time to time.

2.03 Vessel Identification

(1) Number. The first part of the number shall be an abbreviation in capital letters of the Commonwealth of Massachusetts "MS". The remainder of the boat number shall consist of not more than four arabic numerals and not more than two capital letters, in sequence, separated by a hyphen or equivalent. Since the letters "I", "O", and "Q" may be mistaken for arabic numerals, all letter sequences using "I", "O", and "Q" shall be omitted. The bow number shall be spaced MS 9999 ZZ. Objectionable words formed by the use of two or three letters may not be used.

(2) Limit. There is no limit to the number of boats which may be demonstrated with each demonstration or testing number, pursuant to MGL c. 90B S. 3(b) provided a particular number is displayed on only one vessel at a time. If two or more dealers’ or manufacturers’ boats are to be demonstrated or tested at the same time, two or more individual dealers’ or manufacturers’ numbers are required.

(3) Dealers. MGL c. 90B, S. 3(b) shall not apply to motorboats owned by a dealer or manufacturer and which are being used for purposes other than demonstrating. Said motorboats shall have permanent numbers.

(4) Decal. In addition to displaying the identification number of a vessel as required by MGL c. 90B S. 3, the owner of a vessel shall display at the end of such number the then current registration decal of the Division of Law Enforcement on port (left) of the vessel within six inches of the final identification number or letter, as the case may be. For example MS 9999 ZZ [ ], with the [ ] being the decal.

2.04 Application

(1) Number. The application for a number shall include the following:

(a) name, address, and zip code of the applicant/owner,

(b) date of birth of the owner,

(c) present permanent residence of the owner,

(d) home port of the motorboat,

(e) present number (if any),

(f) hull material (wood, steel, aluminum, plastic, other),

(g) types of propulsion (outboard, inboard, other),

(h) type of fuel (gas, diesel, other),

(i) length of motorboat,

(j) make and year built,

(k) hull identification number

(l) statement as to use (Pleasure, Livery, Dealer, Manufacturer, Commercial-passenger, Commercial fishing, Commercial other),

(m) certification of ownership, and

n) signature of the owner signed under the pains and penalties of perjury.

(2)Certificate of Number. The certificate of number shall contain the following information: name, address, and zip code of the owner,

(b) date of birth of the owner

(c) present permanent residence of the owner,

(d) hull material (wood, steel, aluminum, plastic, other),

(e) types of propulsion (outboard, inboard, other),

(f) type of fuel (gas, diesel, other),

(g) length of motorboat,

(h) make and year built (if known),

(i) statement as to use (Pleasure, Livery, Dealer, Manufacturer, Commercial-passenger, Commercial fishing, Commercial other)

(j) hull identification number,

(k) number awarded to motorboat

(l) expiration date of certificate

(m) notice to the owner that he shall report within 15 days changes of ownership or address, and destruction or abandonment of motorboat,

(n) notice to the owner that the operator shall: always carry the certificate on the motorboat when in use, report every accident involving personal injury or death to a person, or property damage over $200, stop and render aid or assistance if involved in a boating accident, and

(o) signature of the owner signed under the pains and penalties of perjury. The owner of any undocumented motorboat may not have more than one valid number or valid certificate of number for any one motorboat at any time.

2.05 Boating Accidents

(1) Reports. A written report shall be required whenever any one or more of the following occurs on board of or involving any motorboat:

(a) death of any person from whatever cause,

(b) disappearance of any person from on board under circumstances which suggest the possibility of death or injury,

(c) injury to any person, or

(d) loss or damage to property of any kind, including the motorboat, in an amount equal to or greater than $500.

(2) Time to File Report. Whenever death or serious injury has or may result from a boating accident a written report shall be submitted to the Director within 48 hours. For every other reportable boating accident, a written report shall be submitted within five days.

(3) Contents. Every written report of a boating accident shall contain the following information:

(a) numbers and/or names of the vessels involved;

(b) locality where the accident occurred

(c) date and time of the accident

(d) weather and water conditions

(e) name, address, age, and boating experience of the operator of the reporting boat;

(f) names and addresses of the operators of other vessels involved;

(g) names and addresses of the owners of vessels or other property involved;

(h) names and addresses of all persons killed or injured;

(i) nature and extent of injury to any person;

(j) description of damage to any property including vessels and estimated cost of repairs;

(k) description of the accident including opinions as to the causes thereof;

(l) length, propulsion, horsepower, fuel and construction of the reporting vessel; and

(m) names and addresses of known witnesses.

2.06 Equipment

(1) Ventilation - Tanks and Engine Spaces. All motorboats which use gasoline as fuel shall have at least the following ventilation required by 33 CFR 183.

(2) Mufflers. A dry exhaust shall be effectively muffled by a muffler of the automotive type or equal. Where a sufficient amount of cooling water is discharged overboard through the exhaust pipe to effectively muffle the engine exhaust noise, it will be considered as adequate to comply with 323 CMR 2.06(2).

(3) Other Equipment. Unless otherwise required by federal law or 323 CMR 2.07(13) motorboats shall be provided with anchor, line, and manual bailer, on motorboats less than 16 feet in addition to a paddle or oar. Personal watercraft shall be exempt from 323 CMR 2.06(3).

(4) Visual Distress Signals. No person shall operate any vessel on the coastal waters (as defined in MGL c. 130 S.1) of the Commonwealth unless visual distress signals are on board of the type and number required by 33 CFR 175 101 through 175 135 for the size and type of vessel, time of day, and the applicable vessel activity.

(a) Visual Distress Signals Required.

1. No person shall operate a vessel 16 feet or more in length or any vessel carrying six or less passengers unless visual distress signals (selected from the list below) in the number required are on board. Such devices suitable for day use and devices suitable for night use, must be carried.

2. Launchers. When visual distress signals carried to meet these requirements, require a launcher to be activated, then the appropriate U.S. Coast Guard approved launcher must also be carried on board.

3. Exception. The following persons need not comply with 323 CMR 2.06(4)(a)3, however, each must carry on board during the nighttime, visual distress signals suitable for night use (selected from the list below) in the number required:

a. A person competing in any organized marine parade, regatta, race or similar event;

b. A person using a vessel less than 16 feet in length, or

c. A person using a manually propelled vessel or

d. A person using a sailboat of completely open construction, not equipped with propulsion machinery, under 26 feet in length.

4. Carriage and Serviceability. No person may operate a vessel unless the visual distress signals required by 323 CMR 2.06(4)(a)4 are readily accessible and in serviceable condition. If the service life is dated on the signal, it must not have expired.

5. Marking. No person may use a vessel unless each visual distress signal required under 323 CMR 2.06(4)(a)5 is legibly marked with the approval in 46 CFR Parts 160 and 161.

(b) Visual Distress Signals Acceptable. Any of the following signals, when carried in the numbers required, can be used to meet the requirements of 323 CMR 2.06(4)(b):

1. An electric distress light meeting U.S. Coast Guard standards (46 CFR 161.013). One such device meets the only requirements.

2. An orange flag meeting U.S. Coast Guard standards (46 CFR 160.072). One such device meets the day only requirement.

3. Pyrotechnics. The following table lists US Coast Guard standards (46 CFR 160) and numbers required for pyrotechnic devices.