State Law vs. Federal Law

Registration and Titling Requirements:

Every motorboat on the waters of the commonwealth shall be numbered. That is, boat operators must properly register their vessels with the Massachusetts Environmental Police and display the assigned numbers and current validation decal. Exceptions to registration are:

• Vessels without any kind of motor (unpowered sailboats, canoes and kayaks).
• Vessels properly registered in another state not remaining in Massachusetts waters for more than 60 consecutive days.
• Vessels properly documented with the U.S. Coast Guard and ship's life boats.
• A motorboat owned by an agency of the United States government or by a state, county, city, or town.
• A motorboat used in a country other than the United States temporarily using the waters of the commonwealth.

In addition to registration, all vessels 14 feet in length or greater that require registration must also be titled. The title is your proof of ownership and is valid for the length of time you own your vessel. Your registration, however, is valid for two years and thus must be renewed.

For registration questions or information on how to obtain a title for you vessel, visit www.mass.gov/dfwele/dle. Once the Massachusetts Environmental Police are in receipt of required application, bill of sale and fees, you will be issued a certificate of number. This pocket-sized registration card must be kept aboard the boat or personal watercraft (PWC) at all times and must be readily available for inspection by law enforcement personnel.

The Massachusetts Environmental Police will also issue a validation decal along with your registration numbers. You must display your validation decals and registration numbers (beginning with MS) on the forward half of your vessel and in a place where it can be easily read by law enforcement officials. Letters and numbers must be at least 3" tall and must be black or another color that contrasts with the hull. The validation decal should be in line with and within 6" from the registration number, on the port side only, toward the stern.

Laws for Required Wearing of PFDs :

In addition to the federal PFD carriage requirements, Massachusetts has the following requirements for wearing a PFD:

Children under the age of 12 must wear a PFD on boats while underway!

Additional Equipment Requirements:

Beyond minimum federal equipment requirements, some states may have other requirements for certain bodies of water. For example, in Massachusetts, boaters must have the following:

• Anchor - all motorboats must have an anchor and enough anchor line to anchor in the vessel’s normal operating area. PWCs are exempt.
• Bailer – all motorboats must have a manual bailer to remove water. PWCs are exempt.
• Paddle or Oar – All motorboats 16 feet in length or less must carry a paddle or oar on board. PWCs are exempt.
• Ladder – All vessels in engaged in towing operations such as water skiing or similar activity must be equipped with a ladder, steps, platform, or similar device.

There may be other requirements in your boating area. Please check with your local waterway authority before heading out. The following items may also be useful:

• Compass and charts
• Marine VHF radio/cell phone
• Spare parts & tools
• Extra starting battery
• Flashlight

Mufflers and Noise Levels:

An effective muffling system is required for the exhaust of each internal combustion engine to reduce vessel engine noise. The use of cut-outs or any alteration of the exhaust system or muffler is prohibited.

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 can also disrupt peace ashore because of sound's ability to travel great distances over water. Excessive noise can also prevent a boat operator from hearing other boats' sound signals and warnings and from hearing approaching law or rescue personnel.

Requirements for Waste, Oil and Garbage Disposal:

• It is illegal to discharge raw sewage or dump garbage or plastics into state or federally controlled waters.
• 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 MSDs must be U.S. Coast Guard certified.
• In Massachusetts, vessels that have on-board toilets must have a method to collect and contain all waste products, preventing it from entering surrounding waters.
• 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. Some of these devices treat the waste to kill bacteria before it is discharged.
• Type III MSDs will typically have a built-in holding tank with no external plumbing and therefore must be brought ashore for proper drainage.

Massachusetts has also certain areas specified as No Discharge Areas (NDAs), where it is illegal to dump treated or untreated sewage, regardless of the distance from shore. These locations are subject to change so it is best to use facilities before you venture out, or be prepared to collect waste on board. For the latest areas defined as NDAs, check online at www.mass.gov/czm/whatsnew.htm. Remember, "Y" valves must be locked in the closed position when operating in inland, near-coastal, and NDA waters.

• 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.
• 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.
• All boats 40 feet or longer operating more than 3 miles from shore that are equipped with a galley and berthing, must also carry a Waste Management Plan. This plan must outline procedures for proper marine pollution regulations for garbage management and designate a person in charge for carrying out this plan.

Boater Education and Horsepower Restrictions:

Motorboat Operation:

• Massachusetts law requires that youth aged 12 through 15, who wish to operate a motorboat of any horsepower without adult supervision, pass a state and National Association of State Boating Law Administrators (NASBLA) approved boating course. Upon successful completion, they will be issued a Safety Certificate which they are required to have in their possession when operating.
• Persons under the age of 12 may operate a motorboat on Massachusetts' waters only if accompanied on board and directly supervised by a competent person 18 years of age or older.
• Persons 16 years of age and older may operate a motorboat on Massachusetts' waters without restrictions.

  Personal Watercraft (PWC) Operation:

• Massachusetts law requires youth 16 and 17 years of age who wish to operate a PWC to pass a state and National Association of State Boating Law Administrators (NASBLA) approved boating course. Upon successful completion, they will be issued a Safety Certificate which they are required to have in their possession when operating.
• Under no circumstance may a person under 16 operate a PWC on Massachusetts waters.
• Persons 18 years of age and older may operate a PWC on Massachusetts water without restrictions.

Reckless & Negligent Operation:

No person shall operate any vessel or personal watercraft in a reckless or negligent manner. The failure to exercise the degree of care necessary to prevent endangering life, limb, or property of any person may be considered reckless and negligent. Below are just a few of the prohibited methods of operation in Massachusetts.

Specifically, it is unlawful:

• To operate under the influence of drugs or alcohol.
• To chase or harass wildlife with your vessel.
• To operate at high speed or erratically in congested waterway traffic.
• To operating between sunset and sunrise without displaying navigation lights.
• To ride or allow passengers to ride on the bow or gunwales without an adequate guardrail in place.
• To operate any boat beyond its safe carrying capacity of passengers or cargo taking into consideration weather and operating conditions.
• To operate a boat within an area clearly marked as restricted or through areas used by swimmers and divers.
• To maneuver such that your vessel or another vessel must abruptly swerve or abruptly cut speed to avoid collision, or to operate such that your vessel collides with another vessel, object or person.

Boat and PWC Speed Limits:

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 or cause injury, damage, or unnecessary inconvenience. Remember, you are responsible for your wake. Always keep a proper lookout and never load a boat with passengers or cargo beyond its safe carrying capacity.

• White buoys or signs with red or orange markings will indicate speed limits and exclusionary zones.
• It is unlawful to operate a motorboat at a speed that is greater than reasonable and prudent under the existing conditions.
• In Massachusetts, "headway speed" is the minimum speed at which a vessel may be operated and maintain steering. Headway speed is not to exceed 6 miles per hour.
• Boats must not operate at more than headway speed when:
• Within 150 feet of swimmers
• Within 150 feet of marinas, ramps, rafts, or floats
• Within 150 to 300 feet of shorelines used as swimming areas
• Vision is obscured by bridges, bends in the waterway or for any other reason
• Operating in a channel, unless channel markers state that higher speeds are allowed
• It is illegal to operate at any speed within 75 feet of floats or markers designating swimming areas and within 150 feet of shorelines used at swimming areas.
• Operating at greater than 45 miles per hour on any inland waters of Massachusetts, unless posted otherwise, is unlawful.

Special Activities Restrictions and Considerations:

Many states regulate certain other water-related activities. For your safety, and for those who may be in the water, you should abide by these special laws:

Special Activities, Restrictions & Requirements:

• When towing skiers or other tow-sport participants, an observer of at least 12 years of age must be aboard constantly observing the person(s) being towed.
• Vessels engaged in towing skiers or other tow-sport participants may do so only between the hours of sunrise and sunset.
• Vessels engaged in towing skiers or other tow-sport participants must be equipped with a ladder or other device that can be used to pull the person being towed from the water.
• PWCs cannot be used to tow a person on water skis or similar devices.
• PWC operators may not jump the wake of another vessel.
• PWCs can only be operated between the hours of sunrise and sunset.
• PWCs may not be operated on any Massachusetts waters that are smaller than 75 acres in size.
• PWCs equipped with an emergency engine cut-off lanyard must be attached to the person, clothing or PFD of the operator.
• A red and white divers flag must be displayed when persons scuba diving or snorkeling are in the water. Divers and snorkelers must remain within 100 feet of the flag. Other vessels should stay at least 100 feet away, or if not possible, operators are to slow to a speed no greater than 3 miles per hour.

Operating Under the Influence

Boating Under the Influence (BUI) is illegal nationwide. State BUI laws are becoming more stringent and can bring fines and/or jail time for those convicted. As on the roadways, on-water enforcement officers may administer sobriety tests and/or conduct a chemical test to determine level of sobriety.

By operating your vessel on the waters of Massachusetts, you have given "implied" consent to alcohol testing. If it is determined that you have a blood alcohol content of 0.08% or greater, you are legally considered to be operating under the influence. Operating under the influence of alcohol or any controlled substance is illegal.

Officer Authority, Compliance & Assistance

Officers of the Massachusetts Environmental Marine Police have the primary responsibility to ensure the safety of the waterways of this state. These responsibilities are shared with officers of the state and local police, and fish and game wardens in certain bodies of water. These officers, as well as the U.S. Coast Guard on federal waters, have the authority to stop and/or inspect vessels to enforce Massachusetts and federal boating laws.

These officers also have the authority to terminate a boater's voyage if it is determined that an unsafe condition exists aboard that cannot be corrected immediately. The following are some of the situations that could be determined as unsafe conditions:

• Overloading the vessel with people or cargo
• Inadequate number of life jackets aboard for passengers
• Excessive leakage or accumulation of water in the bilge
• Failure to display navigation lights after sunset
• Inadequate number of fire extinguishers aboard
• Fuel leakage or excessive fuel accumulation in the engine compartment

Boat operators must immediately yield and reduce speed when being overtaken, approached or directed by a law enforcement official or halt forward progress as directed. 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.

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. Operators involved in an accident should remain at the scene to the extent it is safe and practical, and shall exchange personal and boat information with authorities and other involved parties.

The operator of a vessel involved in a boating accident is required to file a report with the Massachusetts Environment Police in writing whenever an accident results in:

• Loss of life
• Disappearance that would suggest death or injury
• An injury requiring medical attention
• Property damage exceeding $500

Accidents resulting in death or serious injury must be submitted within 48 hours. Reports in all other cases must be submitted within 5 days. Reports must be submitted on the Boating Accident Report form available from the Massachusetts Environmental Police.

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!

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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