Chapter 4: The Legal Requirements of Boating
Unlawful Operation of a Vessel

New Mexico law states that the following dangerous operating practices are illegal.

• Reckless or Negligent Operation of a vessel or the reckless manipulation of water skis, surfboards, or similar devices is defined as the failure to exercise the care necessary to prevent the endangerment of life, limb, or property of any person. Examples include:
  • Boating in restricted areas without regard for other boaters or persons, posted speeds and wake restrictions, diver-down flags, etc.
  • Weaving your vessel through congested waterway traffic
  • Heading toward another vessel and swerving at the last possible moment in order to avoid collision
  • Jumping the wake of another vessel in a manner that endangers human life, human physical safety, or property
  • Causing damage from the wake of your vessel
  • Chasing, harassing, or disturbing wildlife with your vessel
• Improper Speed or Distance is not maintaining a proper speed or distance while operating a motorboat or PWC or while towing a person on water skis, surfboards, or similar devices. Specifically, it is unlawful to:
  • Operate at any speed greater than is reasonable or proper according to conditions prevailing at the time.
  • Operate at any speed that would not allow the operator to avoid swamping or colliding with any other watercraft or person.
  • Operate at greater than “slow, no wake speed” within 150 feet of launch ramps, docks, mooring lines, beached vessels, anchored vessels that are within 150 feet of shore, swimmers, fishermen, or areas designated for no-wake boating.
  • Operate within 150 feet of swimmers, water-skiers, fishermen, and diver-down flags—unless you also are participating in the same activity.
  • Tow a water-skier or persons on similar devices such that the towed object comes within 150 feet of any public dock (other than a ski dock), mooring line, launching ramp, boat, fisherman, swimmer, or person not also engaged in the same activity.
  • Fish from a vessel that is drifting or trolling within 150 feet of any marina, boat ramp, or courtesy dock.

Slow, no wake speed—Slowest speed at which it is still possible to maintain steering and which does not produce waves breaking (no white water) off the vessel’s bow or sides. Exception: If adverse conditions exist, “slow, no wake speed” is the minimum speed necessary to maintain a safe course.

• Overloading is loading the vessel beyond its allowable capacity for number of persons. To determine the total number of passengers allowed, either:
  • Look at the capacity plate installed by the vessel’s manufacturer or …
  • Multiply the vessel’s length times its width and divide that result by 15.
• Riding on the Bow, Deck, or Gunwales is allowing passengers to ride where there may be a chance of falling overboard. Specifically, the following practices are unlawful when a vessel is underway:
  • Sitting or riding on the bow or gunwales, unless the vessel has adequate guard rails. However, a person may sit or ride in these areas temporarily when casting off, when mooring, or when otherwise necessary.
  • Sitting on a seat back.
  • Allowing a person’s legs to hang overboard.

Remember—As an owner 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.