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Reference Guide to State Boating Laws The Reference Guide to State Boating Laws answers a number of questions related to recreational boating safety public law. Topics covered include boating education, operator age, water skiing, boat noise, numbering & titling, personal watercraft, boating under the influence, personal flotation devices and more. The data in the guide was supplied by the states and collectively updated during 2007. Data can also be updated by boating law administrators (or designates) for the individual states. To access the data, click on the drop down menu below and select a topic area. |
Montana
Question | Data |
Commercial Vessels | |
Does your state/territory regulate commercial vessels on sole state waters? | Other, please specify |
Other, please specify | Enforce safety & registration just like recreation |
If you answered yes to the previous question, is your agency responsible for enforcing regulations on commercial vessels on sole state waters? | Other, please specify |
Other, please specify | Enforce safety & registration jult like recreation |
If you answered "No" to the previous question, which state agency is responsible? |
|
White Water | |
Does your state regulate vessel operation in white water areas? | Other, please specify |
Other, please specify | On specific rivers |
Does your state regulate commercial white water operations? | Other, please specify |
Other, please specify | On specific rivers |
Search & Rescue | |
Does your agency have a dive team? | No |
Other, please specify | |
What agency is responsible for Search and Rescue operations? | The local Sheriff's office where the S&R operation is taking place. |
What agency is responsible for victim recovery? | The local Sheriff's office where the recovery is taking place. |
Boating Education Requirements | |
Does your state require mandatory boating safety education for some segment of the population? | yes |
Who is required to complete a boating education course in your state? | Youth 13 and 14 years of age must either complete a boating education course or be accompanied by an adult in order to operate a motorboat or PWC with a motor greater than 10 horsepower. |
Are only residents of your state required to complete a boating education course? | No |
Other, please specify | |
Education Exemptions | |
Are non-residents exempt from having to take a boating education course in your state? | No |
Other, please specify | |
Are U.S. Coast Guard licensed operators exempt from having to take a boating education course in your state? | Yes |
Other, please specify | |
Are any other persons exempt from having to take a boating education course in your state? Please list. | NA |
Exams and License/Certificate Issuance | |
Is issuance of a license/certificate dependant upon passing an exam in your state? | Yes |
Other, please specify | |
If you answered "Yes" to the previous question, what is the passing score in your state? | 70% |
Providers of Education Courses | |
State Agency | X |
US Coast Guard Auxiliary | X |
US Power Squadrons | |
Public School System | |
Private Company | |
Other, please specify | internet providers |
Minors, Powerboats Personal Watercraft | |
Does your state require an adult to be on board when a minor is operating a motor-powered vessel other than a PWC? | Yes |
Other, please specify | |
Does your state require an adult to be on board when a minor is operating a PWC? | Yes |
Other, please specify | |
Minimum Ages for Education Certification | |
Does your state certify minor boaters? | Yes |
Other, please specify | |
What is the minimum age someone can be certified in your state? | 13 years of age |
Does your state have reciprocity for accepting out of state certification of minor boaters if the certification course meets NASBLA's Education Standards? | Yes |
Mandatory Boat Operator Licensing | |
Does your state require mandatory boat operator licensing? | No |
Other, please specify | |
Minimum Ages for Non-PWC Vessels | |
Does your state set a minimum age requirement to operate a motor powered vessel other than a PWC? | Yes |
If you answered "Yes" to the previous question, please list the required age and any other details such as horsepower rating. | For motorboats over 10 hp: 0-12 must be accompanied by and adult, 13-14 must have certificate or be accompanied by adult, 15+ no requirements. |
Does your state set any minimum age requirements to operate a PWC? | Yes |
If you answered "Yes" to the previous question, please list the requirements. | For PWC over 10 hp: 0-12 must be accompanied by and adult, 13-14 must have certificate or be accompanied by adult, 15+ no requirements. |
Minimum Ages for Non-Powered Vessels | |
Are there any minimum age requirements in your state to operate non-powered vessels such as sailboats, canoes or kayaks? | No |
If you answered "Yes" to the previous question, please list the requirements. | |
Education Reciprocity | |
Do you accept out-of-state boating education certificates in your state? | Yes |
Other, please specify | |
If you answered "Yes" to the previous question, which type of certificates do you accept? | Courses that are NASBLA approved. |
Does your state honor NASBLA-approved course reciprocity for non-residents? | Yes |
Other, please specify | |
Wallet-Sized Certificates | |
Does your state issue wallet size boating certificate cards? | Yes |
Other, please specify | |
How long are education certificates/student wallet cards valid in your state? | Forever. |
Challenge Exams | |
Does your state allow students to take a challenge exam to meet your state boating education requirement? | No |
Other, please specify | |
Online Courses & Proctoring | |
Does your state have any laws in place which expressly prohibit online boating safety courses? | No |
Other, please specify | |
Does your state require boating safety tests to be proctored? | No |
Other, please specify | |
Water Skiing | |
Does your state require an observer to be present when pulling a skier? | Yes |
Other, please specify | |
Does your state require a mirror to be present when pulling a skier? | No |
Other, please specify | |
Does your state prohibit water skiing during any specific time of the day/night? | Yes |
If you answered "Yes" to the previous question, please describe the time(s) when skiing is prohibited. | sunset & sunrise |
Water Skiing | |
Does your state require a skier to wear a U.S. Coast Guard-approved PFD? | Yes |
Are self-propelled skis allowed to be used in your state? | Yes |
Does your state require the use of a skier down flag? | No |
Describe any other water skiing restrictions in your state. | |
Motorboat Noise | |
Is there a maximum noise level for motorboats in your state? | Yes |
If you answered "Yes" to the previous question, please give the levels and standard used. | 90 dbA or less when measured at a distance of 1 meter from the muffler at idle speed. (SAE J2005) Flathead Lake, Echo Lake and Swan Lake can not exceed 75dbA measured at the Shoreline (SAE J1970) |
Is there a factory muffling alteration law in your state? | Yes |
If you answered "Yes" to the previous question, what is the law? | The muffler may not be modified or altered, such as by a cutout. |
Is boat noise governed by local ordinance in your state? | No |
If you answered "Yes" to the previous question, what is the local ordinance? | |
Marine Sanitation Devices | |
Does your state prohibit Y-valve through-hull discharge in waters of state jurisdiction? | No |
Other, please specify | |
Does your state require Y-valves to be locked/closed in waters of state jurisdiction? | Other, please specify |
Other, please specify | holding system sealed to prevent discharge |
Marine Sanitation Devices | |
What are the penalties for misuse or failure to equip a vessel with a Marine Sanitation Device in your state? | misdemeanor and shall be punishable by a fine of not less than $15 or more than $500 or by imprisonment for a term up to 6 months, or both |
What are the penalties for illegal dumping/discharge of a Marine Sanitation Device in your state? | fine of not less than $15 or more than $500 or by imprisonment for a term up to 6 months, or both |
Personal Watercraft Operation | |
Does your state require users to wear a U.S. Coast Guard-approved PFD when operating a PWC? | Yes |
Does your state require PWC rental operators to provide any instruction or education in PWC operation prior to use? | No |
If you answered "Yes" to the previous question, how much instruction is required? | |
Does your state prohibit PWC operation at any specific times? | No |
If you answered "Yes" to the previous question, please list the times. | Appropriate lights required after dark |
Personal Watercrafts and Skiers | |
Does your state allow PWCs to pull water skiers? | Yes |
If you answered "Yes" to the previous question, are there any restrictions? | must have an observer |
Personal Watercraft Restrictions | |
Is there a speed limit specific to PWCs other than slow/no wake zones in your state? | No |
If you answered "Yes" to the previous question, please list the speed limit. | |
Is PWC operation restricted within any area or zone in your state? | No |
If you answered "Yes" to the previous question, please list the restricted area or zone. | |
Are limitations imposed on wake jumping with PWCs in your state? | Yes |
If you answered "Yes" to the previous question, please describe the limitations. | crossing or jumping the wak of another vessel when within 100 yards of the vessel or within 100 yards of a waterskier being towed by a vessel |
Is there a kill switch or safety lanyard requirement for PWCs in your state? | Yes |
Life Jackets | |
Which persons in your state are required to wear a PFD and under what circumstances? | persons under 12 are required to wear a PFD while the vessel is in motion |
What are the penalties for violating PFD regulations in your state? | Misdemeanor and shall be punishable by a fine of not less than $15 or more than $500 or by inprisonment for a term up to 6 months, or both |
Blood Alcohol Content | |
What is the BAC level at which a person is considered intoxicated in your state? | 0.08 |
Does your state have a lower threshold for BAC for minor boaters? | No |
If you answered "Yes" to the previous question, what is the BAC level for minors? | |
Boating Under the Influence | |
Does a BUI conviction impact an offender's automobile driving privileges in any way in your state? | No |
If you answered "Yes" to the previous question, how are their privileges impacted? | |
BUI Saturation Patrols & Checkpoints | |
Are BUI saturation patrols utilized in your state? | No |
If you answered "Yes" to the previous question, how are they used? | |
Are BUI checkpoints utilized in your state? | No |
If you answered "Yes" to the previous question, how are they used? | |
Alcohol Testing for BUI | |
Does your state allow blood tests to determine BAC or BUI? | Yes |
Does your state allow breath tests to determine BAC or BUI? | Yes |
Does your state allow urine tests to determine BAC or BUI? | Yes |
Test Usage in Criminal Evidence | |
Blood | |
Breath | |
Urine | |
Field Sobriety Tests | |
Does your state require field sobriety tests to be conducted on shore? | No |
Other, please specify | |
Can refusal of a test be used against a boater in criminal prosecution in your state? | Yes |
Other, please specify | |
Do marine officers utilize random BUI inspections that include boarding the boat in your state? | No |
Negligent Operation of a Vessel | |
Does your state allow officers to issue citations for negligent operation of a vessel? | Yes |
Portable BUI Equipment | |
Does your state allow the use of hand held or portable BUI enforcement equipment? | Yes |
Does your state allow the use of hand held or portable BUI enforcement equipment to be used for probable cause? | Yes |
Does your state allow the use of hand held or portable BUI enforcement equipment to be used for evidentiary purposes? | No |
What percentage of law enforcement officers have access to hand held or portable BUI enforcement equipment in your state? | unknown |
Probable Cause | |
Does state law require probable cause for marine officers to stop a vessel? | No |
Other, please specify | |
Does state law require probable cause for marine officers to board a vessel? | No |
Other, please specify | |
Towing Distressed Vessels | |
Do marine officers utilize random safety inspections that include boarding the boat in your state? | Yes |
Other, please specify | |
Are marine officers allowed to tow vessels in distress in your state? | Yes |
Other, please specify | |
Are seaplanes "on the water" treated as vessels in your state? | No |
Other, please specify | |
Liability Insurance | |
Does your state mandate liability insurance for boaters? | No |
On-Water Pursuits | |
Does your state have a written, formal marine law enforcement policy, operational procedure or executive order on on-water pursuit? | No |
Does your state have a written, formal marine law enforcement policy, operational procedure or executive order on interstate on-water pursuit? | No |
Transporting Subjects, Accident Victims, Guests | |
Does your state have a written, formal marine law enforcement policy, operational procedure or executive order on transporting subjects? | No |
Does your state have a written, formal marine law enforcement policy, operational procedure or executive order on transporting accident victims? | No |
Does your state have a written, formal marine law enforcement policy, operational procedure or executive order on transporting guests? | Yes |
Officer Safety | |
Does your state have a written, formal marine law enforcement policy, operational procedure or executive order on requiring officers to wear Coast Guard-approved PFDs? | Yes |
Does your state have a written, formal marine law enforcement policy, operational procedure or executive order on skin care safety for officers? | No |
Does your state have a written, formal marine law enforcement policy, operational procedure or executive order on hearing safety for officers? | No |
Does your state have a written, formal marine law enforcement policy, operational procedure or executive order on back safety for officers? | No |
Towing Distressed Vessels | |
Does your state have a written, formal marine law enforcement policy, operational procedure or executive order on towing distressed vehicles? | No |
First Responders, First Aid, Good Samaritans, Search and Rescue | |
Does your state have a written, formal marine law enforcement policy, operational procedure or executive order on being a first responder at an accident? | No |
Does your state have a written, formal marine law enforcement policy, operational procedure or executive order on the use of first aid? | No |
Does your state have a written, formal marine law enforcement policy, operational procedure or executive order on the Good Samaritan law? | No |
Does your state have a written, formal marine law enforcement policy, operational procedure or executive order on search and rescue? | No |
Inter-agency Interacton | |
Does your state have a written, formal marine law enforcement policy, operational procedure or executive order on interaction with local agencies? | No |
Does your state have a written, formal marine law enforcement policy, operational procedure or executive order on interaction with other state agencies? | No |
Does your state have a written, formal marine law enforcement policy, operational procedure or executive order on interaction with federal agencies? | No |
Investigation of Theft & Fraud | |
Does your state have a written, formal marine law enforcement policy, operational procedure or executive order on investigation of theft? | No |
Does your state have a written, formal marine law enforcement policy, operational procedure or executive order on investigation of fraud? | No |
Employment | |
Does your state have a written, formal marine law enforcement policy, operational procedure or executive order on outside employment? | Yes |
Does your state have a written, formal marine law enforcement policy, operational procedure or executive order on substance abuse? | Yes |
Does your state have a written, formal marine law enforcement policy, operational procedure or executive order on off-duty responsibilities? | No |
Firearms | |
Does your state have a written, formal marine law enforcement policy, operational procedure or executive order on firearms training? | Yes |
Does your state have a written, formal marine law enforcement policy, operational procedure or executive order on firearms training recertification? | Yes |
Does your state have a written, formal marine law enforcement policy, operational procedure or executive order on in-service training? | Yes |
Deadly Force | |
Does your state have a written, formal marine law enforcement policy, operational procedure or executive order on use of deadly force? | Yes |
Volunteers | |
Does your state have a written, formal marine law enforcement policy, operational procedure or executive order on use of volunteers? | Yes |
BUI Checkpoints | |
Does your state have a written, formal marine law enforcement policy, operational procedure or executive order on use of BUI checkpoints? | No |
Patrol Time | |
Does your state have a written, formal marine law enforcement policy, operational procedure or executive order on on-water patrol time as a safety factor? | No |
Does your state have a written, formal marine law enforcement policy, operational procedure or executive order on working a percentage of time on night patrol? | No |
Carrying Emergency Equipment | |
Does your state have a written, formal marine law enforcement policy, operational procedure or executive order on carrying emergency equipment (loaner PFDs, throw lines, etc.)? | are not loaners. |