Chapter 4: The Legal Requirements of Boating
Unlawful Operation of a Boat or PWC

North Dakota law designates the following dangerous operating practices as illegal.

Reckless Operation is operating a vessel or manipulating water skis, a surfboard, or any similar device in a manner that endangers the life, limb, or property of another person. Examples of reckless operation include:

• Weaving through congested waterway traffic
• Operating so that you must swerve at the last possible moment in order to avoid collision
• Jumping the wake of another vessel within 100 feet of that vessel
• Operating in a manner that causes a dangerous or damaging wake
• Boating in restricted areas without regard for other boaters or persons, posted speeds and wake restrictions, diver-down flags, etc.
• Operating within marked swimming areas or near anyone swimming
• Operating near dams and other hazardous waters
• Operating such that you molest or annoy persons fishing
• Chasing, harassing, or disturbing wildlife with your vessel
• Operating in any other manner that is not reasonable or prudent

Slow, no wake speed—The slowest speed at which it is still possible to maintain steering

Improper Speed or Distance is not maintaining a proper speed or distance while operating a vessel. Specifically, it is illegal to:

• Operate a vessel at greater than “slow, no wake speed– The slowest speed at which it is still possible to maintain steering” within 100 feet of:
  • A person fishing from a shoreline
  • A swimmer
  • A swimming or diving raft
  • An occupied, anchored, or unpowered vessel
• Operate a vessel at greater than “slow, no wake speed” within 250 feet of a reduced speed or “slow, no wake speed” sign
• Operate at excessive speed during periods of reduced visibility while:
  • In close proximity to other vessels
  • In narrow, winding channels
  • Near docks or marinas

Overloading is defined as loading the vessel beyond the recommended capacity shown on the capacity plate installed by the vessel manufacturer.

Riding on the Bow, Gunwales, Transom, or the Backs of Seats is allowing passengers to ride on a vessel in places where there may be a chance of falling overboard– Over the side or out of the vessel. This includes passengers riding on the bow– Front of a vessel, gunwales– Upper edge of vessel's side (generally pronounced gunnel), or transom– Vertical surface at the back of the hull if the vessel is not equipped with railings or other safeguards in those locations to prevent falls overboard.

Hazardous Condition is operating a vessel in an unsafe condition that causes a hazard to the occupants or others on the waterways. Waterway conservation officers may instruct the operator to immediately take corrective action or return to the nearest mooring for any of these problems.

• There are insufficient personal flotation devices, fire extinguishers, backfire flame arrestors, ventilation systems, or navigation lights.
• The boat is overloaded.
• The boat is leaking fuel, or there is fuel in the bilge– Interior of the hull below the floorboards; lowest part of a vessel's interior where the sides of the vessel curve in to form the bottom.
• The boat has not been maintained in a condition that makes it safe on the water.
• The boat is operating in weather or water conditions that are dangerous to those on board.

Remember—As an owner of a vessel, you may be held responsible if you allow others to operate your vessel in a reckless manner.