Current through Register Vol. 35, No. 6, March 26, 2024
No person shall operate or give permission to operate a
vessel on the waters of this state that is not equipped as required by
18.17.2.9 NMAC and the Boat
Act.
A.
Flotation
devices:
(1) Vessels shall carry a U.S.
coast guard approved wearable personal flotation device of proper size and fit
for each person on board or being pulled as a skier, plus one U.S. coast guard
approved throwable device. A throwable device is not required for personal
watercraft, kayaks, canoes, paddle boards, wind sail boards, inner tubes, air
mattresses, float tubes, rubber rafts or other inflatable watercraft. Personal
flotation devices and throwable devices shall be in serviceable condition
readily accessible for use and shall bear evidence of U.S. coast guard
approval. Personal flotation devices and throwable devices shall be carried and
used in accordance with any requirements on the approval label.
(2) Skiers and those being pulled on a
floating object shall wear a U.S. coast guard approved wearable personal
flotation device while being pulled by a vessel.
(3) Vessels that carry passengers for hire
shall provide a U.S. coast guard approved wearable personal flotation device
for each person on board. Vessels shall carry an additional number of approved
wearable personal flotation devices of children size equal to at least 10
percent of the total number of persons carried unless the service is such that
children are never carried.
(4)
Persons engaged in boating on a river or in boat races or persons using ice
sailboats, personal watercraft, kayaks, canoes, paddle boards and rubber rafts
on any waters of this state shall wear a U.S. coast guard approved wearable
personal flotation device.
(5)
Persons using wind sail boards, inner tubes, air mattresses, float tubes or
other inflatable devices not covered in Paragraph (4) of Subsection A of
18.17.2.9 NMAC on waters of this
state shall wear a U.S. coast guard approved wearable personal flotation device
of the proper size and fit and in accordance with any requirements on the
approved label.
(6) The operator of
a vessel used for recreational purposes shall require children age 12 or under
who are aboard the vessel to wear a personal flotation device approved by the
United States coast guard while the vessel is underway, unless the child is
below deck or in an enclosed cabin.
B.
Fire extinguisher:
(1) Vessels constructed with any of the
following characteristics shall be equipped with serviceable U.S. coast guard
approved marine fire extinguisher of a size and in a quantity set forth in
Paragraph (2) of Subsection B of
18.17.2.9 NMAC:
(a) inboard engine;
(b) closed compartments under thwarts and
seats where portable fuel tanks may be stored;
(c) double bottoms not sealed to the hull or
that are not completely filled with flotation material;
(d) closed living spaces;
(e) closed storage compartments in which
combustible or flammable materials may be stored; or
(f) permanently installed fuel
tanks.
(2) Fire
extinguisher requirements by boat length:
|
CLASS
|
LENGTH OF MOTORBOAT
|
NUMBER OF EXTINGUISHERS REQUIRED
|
SIZE OF FIRE EXTINGUISHERS
|
|
A
|
Less than 16 feet
|
One
|
5-B
|
|
1
|
16 feet to less than 26 feet
|
One
|
5-B
|
|
2
|
26 feet to less than 40 feet
|
Two or One
|
5-Bs or 20-B
|
|
3
|
40 feet or more
|
Three or One
|
5-Bs or 20-B
|
(3)
Disposable (non-rechargeable) fire extinguishers meeting this requirement shall
be not more than 12 years old from the date stamped on the bottle.
C.
Sound producing
devices: Vessels shall carry on board a sound producing device in
accordance with the following minimum requirements:
(1) less than 26 feet (this includes kayaks,
canoes, paddleboards and rubber rafts): mouth, hand or power operated whistle
or other sound producing mechanical device capable of producing a blast of two
second duration and audible for at least one-half mile;
(2) 26 feet but less than 40 feet: hand or
power operated horn or whistle capable of producing a blast of two seconds or
more duration and audible for a distance of at least one mile and a
bell;
(3) 40 feet or more: power
operated horn or whistle capable of producing a blast of two seconds or more
duration and audible for a distance of at least one mile and a bell.
D.
Flame arrestor:
Enclosed gasoline engine carburetors (except outboard motors) installed in a
vessel shall be equipped with a U.S. coast guard approved backfire flame
arrestor that is marked with a U.S. coast guard approval number or in
compliance with UL 1111 tests or the standard SAE J-1928, MARINE.
E.
Water closets: No person
shall maintain or operate a vessel on the waters of this state equipped with a
water closet unless the closet is self-contained and incapable of discharging
directly into the water.
F.
Lights:
(1) Power driven vessels
operating one-half hour after sunset to one-half hour before sunrise or during
times of poor visibility shall display a combination light on the vessel's fore
part and a white light aft to show 360 degrees around the vessel's horizon and
above the combination light. The combination light shall be green on the
starboard (right) side and red on the port (left) side and shall throw the
lights from dead ahead to two points abaft of the beam on their respective
sides.
(2) A sailing vessel
underway one-half hour after sunset to one-half hour before sunrise or during
times of poor visibility shall exhibit lights as required below or by U.S.
coast guard rule.
(a) A sailing vessel of
seven meters in length or more shall exhibit sidelights and a
sternlight.
(b) A sailing vessel of
less than seven meters in length shall, if practicable, exhibit sidelights and
a sternlight, but if she does not, she shall exhibit an all-round white light
or have ready at hand an electric torch or lighted lantern showing a white
light, which shall be exhibited in sufficient time to prevent
collision.
(c) A sailing vessel of
12 meters or more in length proceeding under sail when also being propelled by
machinery shall exhibit forward, where it can best be seen, a conical shape,
apex downward. A sailing vessel of less than 12 meters in length is not
required to exhibit this shape but may do so.
(3) Vessels under oar or paddle shall when
underway or anchored in a non-designated mooring area one-half hour after
sunset to one-half hour before sunrise or during times of poor visibility have
ready at hand an electric torch or lighted lantern showing a white light, which
shall be exhibited in sufficient time to prevent collision.
(4) The display of red, green and white
lights contrary to Subsection F of
18.17.2.9 NMAC or U.S. coast guard
regulations is prohibited.
G.
Other equipment: Persons
engaged in canoeing, kayaking, paddle boarding or rubber rafting and persons
using wind sail boards, inner tubes, air mattresses, float tubes or other
inflatable devices are not required to have a bailing bucket, bilge pump or any
length of stout rope.
