Arkansas Boating Law Basics |
Arkansas Game & Fish Commission
#2 Natural Resources Drive
Little Rock, AR 77205
www.agfc.com |
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Registration & Titling Requirements
Laws for Required Wearing of PFDs
Additional Equipment Requirements
Mufflers & Noise Levels
Requirements for Waste, Oil & Garbage Disposal
Mandatory Education & Age
Requirements
Reckless & Negligent Operation |
Boat Speed Limits
Special Activities
Restrictions & Considerations
Operating Under the Influence
Officer
Authority, Compliance & Assistance
Accident Reporting
Requirements
Other State Boating Laws |
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State Law vs. Federal Law
These requirements are state specific. Other states may have similar laws. It is your responsibility to know the laws that govern the bodies of water upon which you boat. Federal Law preempts minimum state controls for boat and equipment standards. The United States Coast Guard has enforcement authority of federal laws and regulations on all federal and navigable waters in the United States that are not privately held. However, individual states can impose requirements beyond federal rules to meet uniquely hazardous local conditions or enforce local laws and regulations directed at safe boat operation and are enforced by locally designated peace officers.
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Registration and Titling Requirements:
Boats propelled by sail or motor must be registered and display current validation decals when operated on public waters of Arkansas. Additionally, Arkansas law defines a motorboat to be any vessel operated upon water that is propelled by sail or machinery, whether or not the machinery is the principal source of propulsion. The following are the only exceptions of vessels that do not need to be registered:
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Arkansas Department of Finance & Administration
POB 1272, Little Rock, AR 72203
(800) 662-8247
www.ark.org/dfa
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Once in receipt of required information, fees and applicable taxes, you will be issued a Certificate of Number (pocket-sized registration card). This must be kept aboard the boat at all times and be readily available for inspection by law enforcement personnel. Additionally, boats powered by over 50 horsepower (hp) motors must show proof of liability insurance when registering and it must also be carried aboard at all times.
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The Certificate of Number and Registration Decals are valid for a period of 3 years!
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You will also be issued a set of registration decals valid for 3 years. You must display your registration stickers and registration numbers (beginning with AR) on the forward half of your vessel. Letters and numbers must be at least 3” tall block style in a contrasting color and affixed where it can be easily read by law enforcement officials. Letters must be separated from numbers by a space. Registration decals must be affixed inline and within 3 inches of the registration number. The decals must be displayed aft of (toward the stern) of the registration numbers.
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Laws for Required Wearing of PFDs :
In addition to the federal PFD carriage requirements, Arkansas has the following requirements for wearing a PFD:
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- All children 12 years of age and under must wear a securely fastened U.S. Coast Guard approved PFD while on board any vessel. The only exception is if the child is within the enclosed area of a houseboat or cruiser, or within the area enclosed by railings on a party barge, cruise or houseboat and the vessel is not underway.
- Every person on board a personal watercraft (PWC) and any person being towed behind a vessel must wear a Coast Guard approved Type I, II, III or V PFD. Ski belts do not meet this requirement and should be carried aboard as excess equipment only. Inflatable PFDs are not intended for use while participating in tow sports or other high impact sports.
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Children 12 and under must wear a PFD at all times while on any vessel!
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Additional Equipment Requirements:
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Beyond minimum federal equipment requirements, some states may have other requirements for certain bodies of water. Please check with your state boating agency for a list of the required equipment for where you intend to boat. Of particular note, Arkansas requires motorboat operators to wear an engine cut-off lanyard (kill switch) that is securely fastened to the boat operator, if the boat is so equipped. Additionally, all PWC operators must wear an engine cut-off lanyard when operating as well. The following are items are not required, but are recommended by the Arkansas Game & Fish Commission:
- Compass and charts
- Marine VHF radio
- Anchoring equipment
- Bailing device
- Spare parts & tools
- Extra starting battery
- Oars or paddles
- Flashlight
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Mufflers and Noise Levels: |
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An effective muffling system is strongly recommended for each engine. Use of dry stack headers or pipes extending directly from the engine is prohibited unless participating in a sanctioned marine event.
In general, do not modify your factory exhaust if the result makes it louder!
Loud boat noise not only bothers other operators and users of the waterways, it is also can disrupt peace ashore because of sound’s ability to travel great distances over water. Excessive noise can also prevent you from hearing other boat’s sound signals and warnings and approaching law or rescue personnel.
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Requirements for Waste Discharge:
- Federal regulations and equipment standards established jointly by the Federal Environmental Protection Agency and the U.S. Coast Guard govern the uses of marine sanitation devices (MSDs).
- All boats that have onboard toilet facilities must have a method to collect and contain all waste products, preventing it from entering surrounding waters. State law forbids the discharge of sewage, treated or untreated, or any waste derived from sewage, into the waters of Arkansas.
- Type I and II MSDs must have a “Y” valve secured to allow for waste to enter a proper on board holding tank for future drainage at a pump-out station. Type III MSDs will typically have a built in holding tank with no external plumbing and cannot be pumped overboard.
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All installed MSDs must be US Coast Guard certified
and have a “Y” valve in proper positioning!
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- Discharge of fuel, oil or any oil product, including contaminated bilge water, is strictly prohibited. All boats 26 feet or longer must properly display a 5x8 inch Oily Waste Discharge placard near the bilge pump switch.
- It is illegal to dump garbage and plastics into federally controlled or state waters. Additionally, all boats 26 feet or longer, when operating in waters under federal jurisdiction, must display an informational placard on the subject of federal marine pollution prevention laws. The placard must be 4x9 inches and placed in a location where crew and passengers can read it.
- Glass Containers & Trash: Arkansas has special laws for use of glass containers and the handling of trash aboard any watercraft that is easily susceptible to swamping, capsizing or flooding such as canoes, kayaks, rafts, and inner-tubes.
- You must not carry glass containers unless it is a prescription medicine.
- All iceboxes and coolers containing foodstuffs must have a lid that can be securely fastened to prevent contents from spilling.
- The container should also be fastened to the craft to prevent it from floating away.
- A mesh type garbage bag or refuse container must be attached to the vessel to prevent refuse from floating free
- When beverages are removed from a cooler or other container, it must be attached or held within a floating container to prevent it from sinking below the surface of the water.
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Mandatory Education & Licensing:
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To legally operate a motorboat on Arkansas waters, those persons born on or after January 1, 1986, whether an Arkansas resident or non-resident, must have in their possession or proof of one of the following:
- Successful completion of an approved AFGC boating safety course, if born on or after January 1, 1986.
- A valid education certificate from another state approved by the National Association of Boating Law Administrators (NASBLA).
- A temporary boater education certificate, valid for 30 days by completing a questionnaire developed by the AGFC.
Age & Horsepower Restrictions:
The following laws apply to boaters of a certain age. To operate any motorboat or PWC, the person must satisfy the boater education requirement above and:
- A person under 12 years of age –
- If operating a motorboat powered by an engine of 10 hp or more, must be accompanied by a competent adult over the age of 17.
- If operating a PWC, must be accompanied by a competent adult of at least 21 years of age.
- A person 12 or 13 years of age –
- If operating a PWC, must be accompanied by a competent adult of at least 18 years of age.
- A person 14 years of age or older –
- All persons 14 years of age or older must satisfy the boater education requirement if born on or after January 1, 1986.
- It is illegal for the owner of a boat to allow a person who does not meet the state age and educational requirements to borrow or otherwise operate the vessel.
- A person must be at least 18 years of age to rent a personal watercraft.
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Reckless & Negligent Operation:
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No person shall operate any vessel or manipulate water skis or similar towed devices in a reckless or negligent manner. The failure to exercise the degree of care necessary to prevent endangering life, limb, or property is considered reckless and negligent.
Some activities considered negligent or reckless operation in Arkansas:
- Speeding in no-wake zones or boating in areas marked as restricted.
- Operating at an excessive speed in congested areas and at times of restricted ability.
- Allowing a passenger to ride on the gunwale, bow, transom or in any other position obviously dangerous while underway if the boat is 26 feet or less and does not have adequate railings.
- Jumping the wake of another vessel so close such that visibility is obstructed.
- Failure to keep a proper lookout or overpowering or overloading a vessel beyond the carrying capacity plate rating.
- Maneuvering the boat recklessly in the vicinity of other boaters, the shoreline, or those who are at anchor or are engaged in swimming, fishing or diving.
- Swerving at the last minute to avoid a collision or obstructing another boat from maneuvering or passing safely.
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Additional laws that apply to personal watercraft (PWC): |
- A PWC may not be operated from one-half hour after sunset to one-half hour before sunrise.
- All personal watercraft must be equipped with an emergency engine cut off lanyard that is properly attached between the operator and the cut-off switch during operation.
- A PWC must not be operated so it creates a dangerous situation when passing or jumping over another boater’s wake
- A PWC must not be operated at greater than no-wake speed when within100 feet of piers, docks, floats, anchored vessels, marked swimming areas, swimmers, surfers or those using manually propelled craft like canoes and kayaks.
- When operating near other vessels or PWCs that are underway, and heading in the same direction, the operator must not operate at a speed greater than 10 mph when within 100 feet to the rear or 50 feet to the side of the other vessel.
- When in doubt, use a safe and prudent speed or a speed at which is required to maintain steerage only.
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Boat Speed Limits:
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Boat speed limits are regulated by law for certain areas and conditions. When no speed limit is posted, operate your boat so that it will not endanger others. In Arkansas, “no-wake speed” is the speed which the vessel does not produce a wake, not to exceed 5 miles per hour (mph).
- White buoys with red markings and black letters will indicate speed limits and no wake zones.
- If you are operating your boat in a no-wake zone and cause damage to another person’s boat or property, you are responsible. Proceed slowly in these areas.
- When operating within 100 feet of a marked recreation area, dock, pier, swimming float, anchored vessel, dam, etc, you must not operate at a speed greater than no-wake speed (5mph).
- In general, you must not operate you vessel so that it creates a hazardous situation for other boaters or has a damaging effect on the shoreline or shoreline features.
- In times of restricted visibility such as in fog, stormy conditions or nighttime operation, you should be able to stop your vessel within half the distance of forward visibility. At all times, operators must be prepared to avoid a collision and have engines ready for immediate maneuvering.
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Special Activities Restrictions and Considerations:
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Many states regulate certain activities that take place aboard such as waterskiing and diving. For your safety, and for those who may be in the water, you should abide by these special laws.
Special Activities, Restrictions & Requirements:
- Boaters engaged in towing a water skier or similar device must have an observer other than the boat operator of at least 12 years of age, OR have a wide-angle convex mirror in position to observe the person being towed.
- When towing a water skier or similar device behind a PWC, you must have an observer aboard other than the boat operator of at least 12 years of age (mirrors are not an acceptable substitute for an observer when operating a PWC while skiing).
- PWCs used for towing a skier or similar device must be rated for at least 3 persons to accommodate the driver, observer, and retrieved skier.
- When towing a person on water skis or similar device, the participant must wear a properly fitting U.S. Coast Guard approved PFD.
- You may not water ski one-half hour after sunset to one-half hour before sunrise unless in an area specifically dedicated and equipped for this activity.
- Vessels engaged in scuba diving or snorkeling in federally controlled waters, must display a red and white diver down flag to mark their diving area. Those engaged in spear fishing in Arkansas state waters must also display a diver down flag and remain within 300 feet of the flag. Vessels not engaged in diving operations should stay at least 100 feet from the displayed diver down flag.
- Vessels engaged in diving activity and restricted in their ability to maneuver, must hoist a blue and white alpha flag when conducting operations in federal and international waters.
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Operating Under the Influence
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It is illegal to operate a motorboat or vessel, or manipulate water skis or other similar devices, while under the influence of alcohol or drugs or a combination of both. State Boating While Intoxicated (BWI) laws are becoming more stringent. As on the roadways, on-water enforcement officers may administer sobriety tests and conduct other tests to determine alcohol content.
In Arkansas:
- No person shall operate any vessel, personal watercraft, water skis or similar device while under the influence of alcohol or drugs.
- Boaters who have a concentration of alcohol of 0.08% or greater determined by breath, blood, or urine are considered to be boating while intoxicated.
- Arkansas law prescribes fines, jail times, and loss of boat operating privileges for those who violate state BWI laws.
- By boating in Arkansas, you have given implied consent for an officer to test for alcohol content if reasonable cause exists. Refusal to submit to a chemical test may result in increased penalties upon conviction.
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Officer Authority, Compliance & Assistance |
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In Arkansas, officers of the Arkansas Game & Fish Commission, sheriffs, deputy sheriffs, state police officers, Department of Parks and Tourism officers, and municipal police officers have the authority to stop and/or inspect vessels to enforce Arkansas and federal boating laws. The United States Coast Guard has enforcement authority on federally controlled waters.
AGFC officers the have the authority to stop and/or inspect vessels!
These officers also have the authority to terminate voyages, escort boaters ashore, or order boaters to the nearest moorage if an unsafe condition is found that cannot be corrected on the spot. It is illegal to refuse the direction of a law enforcement official.
Boat operators must immediately halt forward progress when directed by a law enforcement official operating a siren and/or displaying an illuminated blue light. When operating in an area of law enforcement activity, you should reduce speed and give a wide berth until beyond the area of operation of the law enforcement vessel.
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Accident Reporting Requirements |
- Anyone involved in a boating accident is required to stop and give assistance as long as it will not personally endanger the operator, passengers or vessel.
- If you witness or are involved in an accident, be prepared to give your name, address and Certificate of Registration information to others involved in the accident and those authorities investigating the accident.
- Any person involved in a boating accident that involves death, disappearance, personal injury, or involves property damage in excess of $500, must notify the AGFC or local sheriff’s department immediately.
- State law requires all reportable accidents to be investigated. Call (800) 482-9262.
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Other State Boating Laws
Often times counties, cities and districts within a state will have different, more restrictive laws. Boating laws are subject to change and it is your responsibility to be informed of the law as it applies to you and your on-water activities. To be absolutely certain about specific boating laws in your state it is wise to contact your state boating agency.
It is Your Responsibility – Be Informed! |
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We provide this information as a service and strive to keep this website up to date. Please let us know of any inconsistencies by bringing them to our attention at once at onlinecourse@boatus.com. Resources for these pages include state statutes, state web pages and state approved boating guides. BoatU.S. is not responsible for any misinterpretation of the law or any change in the law that is not adequately reflected in these pages. Damages as a result of failing to abide by stated law shall not be the responsibility of BoatU.S., BoatU.S. Foundation or its employees. |
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