Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
235.240,
235.250,
235.290
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
235.280 and
235.320 authorize the
department to promulgate administrative regulations governing the fair,
reasonable, equitable and safe use of all waters of Kentucky. This
administrative regulation prohibits certain unsafe practices on the waterways
of the Commonwealth.
Section 1.
Accident Reporting.
(1) The operator of a
vessel required by
KRS
235.250(2) to file an
accident report shall file the report within five (5) days, except that an
accident involving death or serious injury shall be filed within forty-eight
(48) hours.
(2) An accident report
shall contain the following information:
(a)
The registration numbers or names of the vessels involved;
(b) The location of the accident;
(c) The weather and water
conditions;
(d) The name, address,
age and boating experience of the operator of the reporting vessel;
(e) The name and address of the operator of
other vessels involved;
(f) The
names and addresses of persons killed or injured,
(g) The nature and extent of
injuries;
(h) A description of the
damage to property and an estimated cost of repairs;
(i) A description of the accident, including
opinions as to the cause;
(j) The
length, means of propulsion, horsepower, fuel and construction of the reporting
vessel; and
(k) The names and
addresses of known witnesses.
Section 2. Water Skiing and Related
Activities.
(1) A person shall not water ski
or tow a person water skiing:
(a) Within 100
feet of a:
1. Commercial boat dock;
2. Moorage harbor; or
3. Swimming area.
(b) Within 2,000 feet of a dam or
lock.
(c) In waters posted or
marked as a no skiing or restricted area.
(2) A person towing a water skier shall have
on board:
(a) In addition to the operator, a
person twelve (12) years of age or older, who shall serve as an observer;
or
(b) A rear-view mirror with a
minimum 160-degree field of vision, mounted so that the operator can observe
the activities of the person being towed.
(3) Between sunset and sunrise, a person
shall not:
(a) Water ski; or
(b) Operate an airborne device.
(4) A person shall wear a Type I,
II, or III personal flotation device while water skiing.
(5) Except during performances authorized by
the department in conjunction with a race, regatta or similar activity:
(a) There shall not be more than two (2)
airborne devices in the air at one (1) time in a general area.
(b) A person shall not operate an airborne
device with a tow line exceeding 150 feet.
(c) A person towing an airborne device shall
have on board, in addition to the operator, a person twelve (12) years of age
or older, who shall serve as an observer.
Section 3. Operation in Congested Areas or
Near Swimmers or Divers.
(1) A person shall
not operate a vessel above idle speed:
(a) In
a harbor or congested area; or
(b)
Within 100 feet of a commercial dock or a generally recognized moorage
area.
(2) An operator
shall not pass a moored or anchored vessel in a manner or at a speed which
could cause the moored or anchored vessel to swamp or capsize.
(3) A person shall not operate a vessel:
(a) In a designated swimming area.
(b) In a manner which would endanger a
swimmer or other person in the water.
(c) In a circular course around a swimmer or
fisherman.
(4) The
operator of a vessel not involved in a diving operation shall remain more than
100 feet from an international diver's flag.
Section 4. Restrictions on Swimming or
Diving.
(1) A person shall not swim at a boat
launching area.
(2) A person diving
with SCUBA or other mechanical diving device shall display an international
diver's flag:
(a) At least twelve (12) inches
by twelve (12) inches in size; and
(b) With the diagonal stripe at least three
(3) inches wide.
(3)
Unless actually engaged in diving operations, a person shall not display an
international diver's flag on a vessel or on the water.
(4) Except in an emergency, a diver shall not
rise to surface further than fifty (50) feet from an international diver's
flag.
(5) A diver or swimmer shall
not:
(a) Interfere with a fisherman;
(b) Dive or swim in an established traffic
lane; or
(c) Obstruct a vessel from
proceeding to its destination if a reasonable alternative route is not
available.
Section
5. General Boating Safety Requirements.
(1) Taking into consideration the weather and
existing operating conditions, a person shall not operate a vessel loaded
beyond its safe carrying capacity with:
(a)
Passengers; or
(b) Cargo.
(2) If a vessel is operating
faster than at idle speed, a person shall not ride:
(a) On an enclosed bow;
(b) Outside the protective railing of a
pontoon boat or houseboat;
(c) On a
seat which extends six (6) inches above the plane of the gunwales;
(d) On the sides, back, engine cover, seat
back; or
(e) In an obviously
dangerous position which could lead to falling overboard.
(3) Except during an emergency or for
purposes that the operator of a dam may authorize, a person shall not operate,
moor, anchor or use a vessel within a posted restricted zone.
Section 6. Waterway Traffic.
(1) The operator of a vessel:
(a) Passing another vessel shall keep to the
right.
(b) Overtaking another
vessel:
1. May do so on either side;
and
2. Shall yield the right-of-way
to the vessel being overtaken.
(c) Shall yield the right-of-way to a vessel
crossing from the right.
(d)
Approaching a dock or pier shall yield the right-of-way to a vessel departing
the dock or pier.
(e) Departing a
shoreline shall yield the right-of way to a vessel approaching the
shoreline.
(f) Shall not change
course without first determining that the course change can be made without
risk of collision.
(g) If not sure
of the course or direction an approaching vessel will take, shall immediately
slow to idle speed until the other vessel has passed.
(h) With the right-of-way shall maintain
course and speed.
(i) Which is
required to yield the right-of-way shall, as necessary:
1. Slacken speed;
2. Stop;
3. Reverse; or
4. Alter course.
(j) In a narrow channel shall keep to the
right of midchannel.
(2)
An operator of a motorboat shall yield the right-of-way to a vessel being
propelled by sail, oars, or other nonmotorized means.
(3) If there is a danger of collision,
regardless of which vessel has the right-of-way, the operators of the vessels
involved shall:
(a) Slow down;
(b) Stop;
(c) Alter course; or
(d) Reverse until the danger is
averted.
(4) An operator
shall sound intermittent warning signals in fog or similar situations of
restricted visibility if his vessel is:
(a)
Underway;
(b) Adrift; or
(c) Anchored or moored outside an established
anchorage or mooring field.
(5) An operator shall:
(a) Not interfere with or obstruct the
takeoff, landing or taxiing of aircraft;
(b) Maintain complete control of his vessel;
and
(c) Not exceed a speed which,
given existing conditions, could:
1. Cause a
loss of control; or
2. Present a
hazard to life or safety.
STATUTORY AUTHORITY:
KRS
235.280,
235.290,
235.320