N.D. Admin. Code 30-05-01-03

Current through Supplement No. 394, October, 2024

Section 30-05-01-03 - Hazardous conditions

North Dakota law provides that any enforcement officer who observes a vessel being used in an unsafe condition, and in the officer's judgment such use creates an especially hazardous condition, may direct the operator to take whatever immediate and reasonable steps would be necessary for the safety of those aboard the vessel, including directing the operator to return to mooring and to remain there until the situation creating the hazard is corrected or ended. For purposes of this section, an unsafe condition is defined as any one of the following:

1. Operating without boat safety equipment required by section 30-05-01-02. Any person who violates this subsection is guilty of a noncriminal offense and shall pay a twenty-five dollar fee.

2. Operating in an overloaded condition.

3. Fuel leakage or presence of fuel in the bilges.

4. Riding on the bow, gunwales, transom, or on the backs of seats without taking precautions sufficient to prevent falls overboard.

5. Operating a boat in a state of gross disrepair, rendering it in unseaworthy condition.

6. Operating in weather or water conditions which endanger the boat and its occupants.

Any person who violates a subsection of this section for which a penalty is not specifically provided is guilty of a noncriminal offense and shall pay a one hundred dollar fee.

N.D. Admin Code 30-05-01-03

Amended effective April 1, 1986.

General Authority: NDCC 20.1-13-12

Law Implemented: NDCC 20.1-13-18