306.126. Motorboats, regulations as to passenger seating while under way--person in water, flag required, when--slow speed required, when--penalty.
Motorboats, regulations as to passenger seating while underway--person in water, flag required, when--slow speed required,when--penalty.
306.126. 1. The operator of a motorboat shall not allow any personto ride or sit on the gunwales, decking over the bow, railing, top of seatback or decking over the back of the motorboat while under way, unless suchperson is inboard of adequate guards or railing provided on the motorboatto prevent a passenger from being lost overboard. As used in this section,the term "adequate guards or railing" means guards or railings having aheight parameter of at least six inches but not more than eighteen inches.Nothing in this section shall be construed to mean that passengers or otherpersons aboard a motorboat cannot occupy the decking over the bow of theboat to moor it to a mooring buoy or to cast off from such a buoy, or forany other necessary purpose. The provisions of this section shall notapply to vessels propelled by sail.
2. Whenever any person leaves any watercraft, other than a personalwatercraft, on the waters of the Mississippi River, the waters of theMissouri River or the lakes of this state and enters the water between thehours of 11:00 a.m. and sunset, the operator of such watercraft shalldisplay on the watercraft a red or orange flag measuring not less thantwelve inches by twelve inches. The provisions of this subsection shallnot apply to watercraft that is moored or anchored. The flag required bythis subsection shall be visible for three hundred sixty degrees around thehorizon when displayed and shall be displayed only when an occupant of thewatercraft has left the confines of the watercraft and entered the water.The flag required by this subsection shall not be displayed when thewatercraft is engaged in towing any person, but shall be displayed whensuch person has ceased being towed and has reentered the water.
3. No operator shall knowingly operate any watercraft within fiftyyards of a flag required by subsection 2 of this section at a speed inexcess of a slow-no wake speed.
(L. 1969 S.B. 194 § 4, A.L. 1989 S.B. 135, A.L. 1995 H.B. 217, A.L. 1997 H.B. 379)Effective 6-24-97
CROSS REFERENCE:
Penalty provisions for violations of this section, RSMo 306.210