5.12Age Restrictions Related to Operation of Personal Watercraft

A.Statutory Authority

“A person shall not operate a personal watercraft on the waters of this state if a child who is under 7 years of age is on board or being towed behind the personal watercraft unless the child is in the company of his or her parent or guardian or a designee of the parent or guardian.” MCL 324.80205(3).

“A person who was born after December 31, 1978 shall not operate a personal watercraft upon the waters of this state unless he or she first obtains a boating safety certificate.” MCL 324.80215(3).

“Beginning October 1, 2011[1], a person under the age of 16 shall not operate a personal watercraft on the waters of this state unless the person is not less than 14 years of age and 1 of the following circumstances applies:

(a) The person is riding the personal watercraft with his or her parent or guardian or an individual 21 years of age or older designated by the parent or guardian.

(b) The person is operating or riding a personal watercraft at a distance of not more than 100 feet from his or her parent or guardian or an individual 21 years of age or older designated by the parent or guardian.” MCL 324.80215(4).

“The owner of a personal watercraft or a person having charge over or control of a personal watercraft shall not authorize or knowingly permit the personal watercraft to be operated in violation of [MCL 324.80215].” MCL 324.80215(5).

B.Penalties

A person who violates MCL 324.80205(3) or MCL 324.80215 is guilty a misdemeanor punishable by:

imprisonment for not more than 90 days;

fine of not more than $100; or

both. MCL 324.80219.

“In addition, a person who violates [MCL 324.80201 et seq.,] may be required to participate in and complete a boating safety course.” MCL 324.80219.

“If a person has received a citation for a violation of a certification requirement prescribed in [MCL 324.80215], the court shall waive any fine and costs upon receipt, not more than 10 days after the citation is issued, of proof of certification by a law enforcement agency that the person, before the appearance date on the citation, produced a valid boating safety certificate, or an electronic copy thereof, in a format approved by the [DNR], that was valid on the date the violation occurred.” MCL 324.80221.

C.Exceptions

Neither MCL 324.80205 nor MCL 324.80215 “apply to a performer engaged in a professional exhibition or a person preparing to participate or participating in a regatta, race, marine parade, tournament, or exhibition held in compliance with [MCL 324.80164] under a permit issued by the [DNR] and at the time and place specified in the permit.” MCL 324.80205(13); MCL 324.80215(6).

1   See MCL 324.80215(1)-(2) for information on age-restricted personal watercraft operation that was in effect until October 1, 2011.