Missouri Statute | Act | Code |Motor Vehicles, Watercraft And Aviation| US Code - US Statute | Chapter 306 Watercraft Regulation And Licensing--state Water Patrol

As used in this chapter the following terms mean:

(1) "Motorboat", any vessel propelled by machinery, whether or not such
machinery is a principal source of propulsion;

(2) "Operate", to navigate or otherwise use a motorboat or a vessel;

(3) "Operator", the person who operates or has charge of the navigation
or use of a vessel;

(4) "Owner", a person other than a lienholder, having the property in or
title to a motorboat. The term includes a person entitled to the use or
possession of a motorboat subject to an interest of another person,
reserved or created by agreement and securing payment or performance of
an obligation, but the term excludes a lessee under a lease not intended
as security;

(5) "Parasailing", the towing of any person equipped with a parachute or
kite equipment by any watercraft operating on the waters of this state;

(6) "Personal watercraft", a class of vessel, which is less than sixteen
feet in length, propelled by machinery which is designed to be operated
by a person sitting, standing or kneeling on the vessel, rather than
being operated by a person sitting or standing inside the vessel;

(7) "Vessel", every motorboat and every description of motorized
watercraft, and any watercraft more than twelve feet in length which is
powered by sail alone or by a combination of sail and machinery, used or
capable of being used as a means of transportation on water, but not any
watercraft having as the only means of propulsion a paddle or oars;

(8) "Watercraft", any boat or craft, including a vessel, used or capable
of being used as a means of transport on waters;

(9) "Waters of this state", any waters within the territorial limits of
this state and lakes constructed or maintained by the United States Army
Corps of Engineers except bodies of water owned by a person, corporation,
association, partnership, municipality or other political subdivision,
public water supply impoundments, and except drainage ditches constructed
by a drainage district, but the term does include any body of water which
has been leased to or owned by the state department of conservation. (L.
1959 S.B. 142 § 1, A.L. 1969 S.B. 194, A.L. 1972 H.B. 1374, A.L. 1975
S.B. 264, A.L. 1979 S.B. 123, A.L. 1989 S.B. 135, A.L. 1995 H.B. 217)

1. The owner of a vessel kept within this state shall cause it
to be registered in the office of the director of revenue who shall issue
a certificate of title for the same.

2. The owner of any vessel acquired or brought into the state shall file
his application for title within sixty days after it is acquired or
brought into this state. The director of revenue may grant extensions of
time for titling to any person in deserving cases.

3. The fee for the certificate of title shall be seven dollars fifty
cents and shall be paid to the director of revenue at the time of making
application. If application for certificate of title is not made within
sixty days after the vessel is acquired or brought into the state, a
delinquency penalty fee of ten dollars for each thirty days of
delinquency, not to exceed a total of thirty dollars, shall be imposed.
If the director of revenue learns that any person has failed to make
application for certificate of title within sixty days after acquiring or
bringing into the state a vessel or has sold a vessel without obtaining a
certificate of title, he shall cancel the registration of all motorboats,
vessels, and watercraft registered in the name of the person, either as
sole owner or as co-owner, and shall notify the person that the
cancellation will remain in force until the person pays the delinquency
penalty fee provided in this section together with all fees, charges, and
payments which he should have paid in connection with the certificate of
title of the vessel. (L. 1985 H.B. 280, et al.)

Effective 4-1-86

1. By January 1, 1995, the owner of any vessel documented by the
United States Coast Guard on August 28, 1994, and the new owner of any
vessel purchased after August 28, 1994, who upon the sale or transfer of
the vessel desires to document the vessel with the United States Coast
Guard, shall apply for a vessel certificate of registration and pay a
certification fee of seven dollars and fifty cents, an initial
registration fee in an amount equal to the amount required for a
certificate of number under section 306.030 and all applicable state and
local or in lieu watercraft taxes as provided by law in effect on the
date the vessel was documented or submit proof that all applicable
registration fees have been paid to the department of revenue and all
applicable taxes or in lieu watercraft taxes have been paid in this or
another state. Such application shall include the county in which such
vessel will be normally maintained by the new owner. A certificate of
registration and a set of registration decals in a form the director
shall prescribe shall be issued for a documented vessel. A Missouri
resident shall make application for a vessel certificate of registration
within thirty days of acquiring or bringing the vessel into this state. A
nonresident shall make application for a vessel certificate of
registration within sixty days after acquiring a vessel in this state or
bringing a vessel into this state if the vessel will be kept in this
state for a period in excess of sixty consecutive days. A delinquency
penalty fee of ten dollars shall be imposed for each thirty days of
delinquency, not to exceed a total of thirty dollars. If the director of
revenue learns that any person has failed to make application for a
vessel certificate of registration in accordance with this section or has
sold a vessel documented by the United States Coast Guard without
obtaining a certificate of registration as provided in this section, the
director shall cancel the registration of all vessels and outboard motors
registered in the name of the person, either as sole owner or a co-owner,
and shall notify the person that the cancellation will remain in force
until the person pays the delinquency penalty fee together with all fees,
charges, and payments which the person should have paid in connection
with the vessel certificate of registration.

2. A boat or vessel documented by the United States Coast Guard or other
agency of the federal government and operated on the waters of this state
shall not be liable for the payment of any state or local sales or use
tax on the purchase, but shall be liable for the payment of an in-lieu
watercraft tax, which is hereby imposed. The fee in lieu of tax imposed
pursuant to this section shall not apply to United States Coast Guard
registered vessels purchased for purposes of marine construction
including, but not limited to, barges, dredges, marine cranes, and other
marine equipment utilized for construction or dredging of waterways. The
in-lieu watercraft tax shall be collected by the director of revenue and
deposited in the state treasury to the credit of general revenue and
shall be appropriated for use by the Missouri state water patrol.
Watercraft dealers in this state shall report to the director of revenue
on forms furnished by the director the sale of each watercraft sold to a
resident of this state. If the watercraft is registered and licensed
pursuant to the provisions of this chapter and all applicable sales taxes
have been paid, the director shall not collect the in-lieu tax imposed by
this subsection. If the watercraft is registered with the United States
Coast Guard or other agency of the federal government and not under the
provisions of this chapter the director shall bill the purchaser of the
watercraft for the in- lieu tax imposed by this subsection. Any person
who fails to pay the in- lieu tax due under this section, within thirty
days after receipt of the bill from the director of revenue, shall be
liable to the same penalties imposed by law for failure to pay sales and
use taxes due the state. The in-lieu tax shall be determined as follows:
PURCHASE PRICE OF WATERCRAFT TAX DUE

Less than $15,000 $ 500.00

$15,001 to $30,000 650.00

$30,001 to $50,000 1,000.00

$50,001 to $100,000 1,400.00

$100,001 to $150,000 2,000.00

$150,001 to $200,000 3,000.00

$200,001 to $250,000 4,000.00

$250,001 to $300,000 5,000.00

$300,001 to $350,000 5,500.00

$350,001 to $400,000 6,000.00

$400,001 to $450,000 6,500.00

$450,001 to $500,000 7,500.00

$500,001 to $550,000 8,500.00

$550,001 to $650,000 9,500.00

$650,001 to $750,000 10,500.00

$750,001 and above add an additional 1,500.00

for each $100,000 increment

3. The registration decals for any vessel documented by the United States
Coast Guard shall be in force and effect for a period of three years so
long as the vessel is owned or held by the original holder of the
certificate of registration and shall be renewed upon application and
payment of a registration renewal fee equal to the amount required for a
certificate of number under section 306.030. The owner shall attach the
registration decals to both sides of the forward half of the bow of the
documented vessel in a place that is fully visible.

4. The department of revenue may issue a temporary vessel certificate of
registration authorizing the operation of a vessel to be documented by
the United States Coast Guard for not more than sixty days. The temporary
registration shall be made available by the department of revenue and may
be purchased from the department of revenue or from a dealer upon proof
of purchase of a vessel. The department shall make temporary certificates
of registration available to registered dealers in this state in sets of
ten. The fee for the temporary certificates of registration shall be five
dollars each. No dealer shall charge more than five dollars for each
temporary certificate of registration issued. The temporary registration
shall be valid for a period of sixty days from the date of issuance by
the department of revenue to the purchaser of the vessel or from the date
of sale of the vessel by a dealer from which the purchaser obtains a
certificate of registration. The temporary certificate of registration
shall be issued on a form prescribed by the department of revenue and
issued only for the purchaser's use in the operation of the vessel
purchased to enable the purchaser to legally operate the vessel while a
certificate of registration is being obtained, and shall be displayed on
no other vessel. Temporary certificates of registration issued under this
section shall not be transferable or renewable and shall not be valid
upon issuance of a proper certificate of registration. The dealer or
authorized agent shall insert the date of issuance and expiration date,
year, make and the manufacturer's identification number of the vessel on
the temporary registration when issued to the purchaser. The dealer shall
complete the information on the temporary registration in full. Every
dealer that issues a temporary certificate of registration shall keep,
for inspection by authorized officers, a correct record of each temporary
certificate of registration issued by the dealer by recording the
registration number, purchaser's name and address, year, make and
manufacturer's identification number of the vessel on which the temporary
certificate of registration is to be used and the date of issuance.

5. Upon the sale or transfer of any vessel documented by the United
States Coast Guard for which a certificate of registration has been
issued, the registration shall be terminated. If the new owner elects to
have the vessel documented by the United States Coast Guard, the new
owner shall submit, in addition to the properly assigned certificate of
registration, proof of release from the documentation provided by the
United States Coast Guard and shall comply with the provisions of this
section. If the new owner elects not to document the vessel with the
United States Coast Guard, the owner shall comply with the applicable
provisions of this chapter.

6. The certificate of registration shall be available at all times for
inspection on the vessel for which it is issued, whenever the vessel is
in operation. (L. 1994 S.B. 477, et al., A.L. 1995 H.B. 217, A.L. 2003
H.B. 600)

Effective 7-1-03

Every vessel on the waters of this state shall be numbered. No
person shall operate or give permission for the operation of any vessel
on the waters of this state unless the vessel is numbered in accordance
with this chapter, or in accordance with applicable federal law, or in
accordance with a federally approved numbering system of another state,
and unless the certificate of number awarded to the vessel is in full
force and effect, and unless the identifying number set forth in the
certificate of number is displayed on each side of the bow of the vessel.
(L. 1959 S.B. 142 § 2, A.L. 1975 S.B. 264)

1. The owner of each vessel requiring numbering by this state
shall file an application for number with the department of revenue on
forms provided by it. The application shall contain a full description of
the vessel, factory number or serial number, together with a statement of
the applicant's source of title and of any liens or encumbrances on the
vessel. For good cause shown the director of revenue may extend the
period of time for making such application. The director of revenue shall
use reasonable diligence in ascertaining whether the facts stated in such
application are true, and, if satisfied that the applicant is the lawful
owner of such vessel, or otherwise entitled to have the same registered
in his name, shall thereupon issue an appropriate certificate of title
over his signature and sealed with the seal of his office, procured and
used for such purpose, and a certificate of number stating the number
awarded to the vessel. The application shall include a provision stating
that the applicant will consent to any inspection necessary to determine
compliance with the provisions of this chapter and shall be signed by the
owner of the vessel and shall be accompanied by the fee specified in
subsection 8 of this section. The owner shall paint on or attach to each
side of the bow of the vessel the identification number in a manner as
may be prescribed by rules and regulations of the division of water
safety in order that it may be clearly visible. The number shall be
maintained in legible condition. The certificate of number shall be
pocket size and shall be available at all times for inspection on the
vessel for which issued, whenever the vessel is in operation. The
operator of a vessel in which such certificate of number is not available
for inspection by the state water patrol or, if the operator cannot be
determined, the person who is the registered owner of the vessel shall be
subject to the penalties provided in section 306.210. Vessels owned by
the state or a political subdivision shall be registered but no fee shall
be assessed for such registration.

2. Each new vessel sold in this state after January 1, 1970, shall have
die stamped on or within three feet of the transom or stern a factory
number or serial number.

3. The owner of any vessel already covered by a number in full force and
effect which has been awarded to it pursuant to then operative federal
law or a federally approved numbering system of another state shall
record the number prior to operating the vessel on the waters of this
state in excess of the sixty-day reciprocity period provided for in
section 306.080. The recordation and payment of registration fee shall be
in the manner and pursuant to the procedure required for the award of a
number under subsection 1 of this section. No additional or substitute
number shall be issued unless the number is a duplicate of an existing
Missouri number.

4. In the event that an agency of the United States government shall have
in force an overall system of identification numbering for vessels within
the United States, the numbering system employed pursuant to this chapter
by the department of revenue shall be in conformity therewith.

5. All records of the department of revenue made and kept pursuant to
this section shall be public records.

6. Every certificate of number awarded pursuant to this chapter shall
continue in force and effect for a period of three years unless sooner
terminated or discontinued in accordance with the provisions of this
chapter. Certificates of number may be renewed by the owner in the same
manner provided for in the initial securing of the same or in accordance
with the provisions of sections 306.010 to 306.030.

7. The department of revenue shall fix the days and months of the year on
which certificates of number due to expire during the calendar year shall
lapse and no longer be of any force and effect unless renewed pursuant to
this chapter and may stagger such dates in order to distribute the
workload.

8. The fee to accompany each application for a certificate of number is:

For vessels under 16 feet in length
.................................$10.00

For vessels at least 16 feet in length but less than 26 feet in length
............................................................. 20.00

For vessels at least 26 feet in length but less than 40 feet in length
............................................................. 30.00

For vessels at least 40 feet and over .............................. 40.00

9. The certificate of title and certificate of number issued by the
director of revenue shall be manufactured in a manner to prohibit as
nearly as possible the ability to alter, counterfeit, duplicate, or forge
such certificate without ready detection. (L. 1959 S.B. 142 § 3, A.L.
1969 S.B. 194, A.L. 1975 S.B. 264, A.L. 1985 H.B. 280, et al., A.L. 1995
H.B. 217)

CROSS REFERENCES: Penalty provisions for violations of this section, RSMo
306.210 Use tax must be paid to register, RSMo 144.613

1. If an original, manufacturer's, or other distinguishing
number on any outboard motor or vessel has been destroyed, removed,
covered, altered, defaced or is otherwise nonexistent, the director of
revenue, upon application, payment of seven dollars and fifty cents,
proper inspection, and satisfactory proof of ownership by the owner,
shall issue a new or replacement identification number plate to be
affixed to the outboard motor or vessel. The number plate shall be in the
form prescribed by the director of revenue.

2. The owner or the owner's designee shall securely fasten the
identification number plate immediately to the outside of the outboard
motor or vessel close to the area where the original or manufacturer's
identification number plate would typically be. After the identification
number plate has been secured to the outboard motor or vessel as
required, such number shall be the lawful number of the outboard motor or
vessel for the purpose of identification and registration. No person
shall destroy, remove, cover, alter or deface such number. Any person who
violates the provisions of this subsection is guilty of a class B
misdemeanor. (L. 1995 H.B. 217 § 2, A.L. 1997 H.B. 379)

Effective 6-24-97

The form of the certificate of title prescribed by section
306.030 shall be set by the director of revenue, and the certificate of
title shall be issued as nearly as practicable as certificates of title
for outboard motors are issued under the provisions of sections 306.530
to 306.575. (L. 1969 S.B. 194)

No number other than the number awarded to a motorboat or
granted reciprocity pursuant to this chapter shall be painted, attached,
or otherwise displayed on either side of the bow of the motorboat. (L.
1959 S.B. 142 § 3)

Any holder of a certificate of number shall notify the
department of revenue within fifteen days, if his address no longer
conforms to the address appearing on the certificate and shall, as a part
of the notification, furnish the department of revenue with his new
address. The department of revenue may provide in its rules and
regulations for the surrender of the certificate bearing the former
address and its replacement with a certificate bearing the new address or
for the alteration of an outstanding certificate to show the new address
of the holder. (L. 1959 S.B. 142 § 3)

1. If the ownership of a vessel changes, the new owner shall
file a new application form with the required fee with the department of
revenue and a new certificate of number may be awarded in the same manner
as provided in section 306.030 for an original award of number.

2. The department of revenue may issue a one-time temporary certificate
of number authorizing the operation of a vessel by the purchaser for not
more than thirty days. A temporary permit issued under this section is
not renewable. The department of revenue shall provide the temporary
certificates of number. A person may purchase a temporary certificate
from the department of revenue with proof of purchase of a vessel or from
the dealer when the vessel is purchased. The department shall provide
temporary certificates of number to registered dealers in this state in
sets of ten certificates. The fee for a temporary certificate of number
shall be five dollars for each temporary certificate of number issued. A
dealer may not charge more than five dollars for each temporary
certificate of number issued by the dealer. The department of revenue
shall prescribe the form for a temporary certificate of number. A
temporary certificate of number is valid for the legal operation of a
vessel only by the purchaser of the vessel from the date the certificate
is issued for either thirty days or until proper title and registration
have been obtained, whichever first occurs. A temporary certificate may
not be transferred or displayed on any vessel other than the vessel for
which it was issued. The department of revenue shall determine the size,
number configuration, construction and color of the temporary
certificates of number.

3. The department of revenue or the dealer or the dealer's authorized
agent shall insert the date of issuance and expiration date, year, make
and the manufacturer's identification number of the vessel on the
temporary certificate of number when issued to the purchaser. The dealer
shall also insert the dealer's number on the temporary certificate of
number. Every dealer that issues a temporary certificate of number shall
keep, for inspection by authorized officers, an accurate record of each
temporary certificate of number issued by the dealer by recording the
certificate of number, purchaser's name and address, year, make and
manufacturer's identification number of the vessel on which the temporary
certificate of number is to be used and the date of issuance. (L. 1959
S.B. 142 § 3, 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

A "motorized amphibious vehicle" is a self-propelled vehicle
designed or used for transporting property or eight or more persons on
the highways and waters of this state. A motorized amphibious vehicle
shall not be considered a motor vehicle for the purpose of titling and
registration as defined in chapter 301, RSMo, and shall not be considered
a commercial motor vehicle as defined in section 302.700, RSMo. A
motorized amphibious vehicle shall be treated as a vessel as defined in
this chapter for the purposes of titling and registration and shall be
subject to all provisions of this chapter. Such vehicles are to be
treated as a motor vehicle only for the purposes of complying with the
provisions of sections* 302.010 to 302.605, RSMo, and chapters 303, 304,
307 and 577, RSMo, while the vehicle is being operated on the highways of
this state. Every operator of a motorized amphibious vehicle shall hold a
valid license to operate a motor vehicle when operating the vehicle on
the highways of this state and is subject to any licensing requirements
of the United States Coast Guard and the provisions of this chapter when
operating such vehicle on the waters of this state. (L. 1989 1st Ex.
Sess. H.B. 3 § 1)

Effective 7-27-89

*Word "chapters" appears in original rolls.

A vessel shall not be required to be numbered under this chapter
if it is:

(1) Already covered by a number in full force and effect which has been
awarded to it pursuant to federal law or a federally approved numbering
system of another state; except that the boat shall not have been within
this state for a period in excess of sixty consecutive days;

(2) A vessel from a country other than the United States using the waters
of this state for not more than sixty consecutive days;

(3) A vessel whose owner is the United States;

(4) A ship's lifeboat which is used solely for lifesaving purposes;

(5) A vessel documented by the United States Coast Guard or any federal
successor thereto; or

(6) A motorboat designed and intended solely for racing while competing
in any race previously approved by the Missouri state water patrol in
accordance with section 306.130. This exemption shall include operation
within a twenty-four-hour period prior to such approved race in order to
test or tune up the motorboat. (L. 1959 S.B. 142 § 5, A.L. 1969 S.B. 194,
A.L. 1985 H.B. 280, et al., A.L. 1993 H.B. 218, A.L. 1994 S.B. 477, et
al., A.L. 1995 H.B. 217)

1. It is unlawful for any person to operate a recreational
motorboat upon the waters of this state in any manner under any condition
so that the recreational motorboat emits sound at a level exceeding
eight-six decibels on an A-weighted scale when measured from a distance
of fifty or more feet from the recreational motorboat.

2. This section shall not be construed so as to prohibit use of any
exhaust system or device, including but not limited to those not
discharging water with exhaust gases as long as the device or system
emits sound at a level in compliance with subsection 1 of this section.

3. The provisions of this section do not apply to motorboats operated
under permit pursuant to section 306.130, nor to trial runs for a period
not exceeding the twenty-four hours immediately preceding a regatta or
race, nor to official trials in competition for speed records for a
period not exceeding the twenty-four hours immediately preceding a
regatta or race. (L. 1959 S.B. 142 § 7, A.L. 1977 S.B. 151)

CROSS REFERENCE: Peace disturbance, RSMo 574.010

1. For the purpose of this section, vessels shall be divided
into four classes as follows:

(1) Class A, less than sixteen feet in length;

(2) Class 1, at least sixteen and less than twenty-six feet in length;

(3) Class 2, at least twenty-six and less than forty feet in length;

(4) Class 3, forty feet and over.

2. All vessels shall display from sunset to sunrise the following lights
when under way, and during such time no other lights which may be
mistaken for those prescribed shall be exhibited:

(1) Vessels of classes A and 1:

(a) A bright white light aft to show all around the horizon;

(b) A combined light in the forepart of the vessel and lower than the
white light aft, showing green to starboard and red to port, so fixed as
to throw the light from right ahead to two points (22 1/2 degrees) abaft
the beam on their respective sides.

(2) Vessels of classes 2 and 3:

(a) A bright white light in the forepart of the vessel as near the stem
as practicable, so constructed as to show the unbroken light over an arc
of the horizon of twenty points (225 degrees) of the compass, so fixed as
to throw the light ten points (112 1/2 degrees) on each side of the
vessel; namely, from right ahead to two points (22 1/2 degrees) abaft the
beam on either side;

(b) A bright white light aft to show all around the horizon and higher
than the white light forward;

(c) On the starboard side a green light so constructed as to show an
unbroken light over an arc of the horizon of ten points (112 1/2 degrees)
of the compass, so fixed as to throw the light from right ahead to two
points (22 1/2 degrees) abaft the beam on the starboard side; on the port
side a red light so constructed as to show an unbroken light over an arc
of the horizon of ten points (112 1/2 degrees) of the compass, so fixed
as to throw the light from right ahead to two points (22 1/2 degrees)
abaft the beam on the portside. The side lights shall be fitted with
inboard screens so set as to prevent these lights from being seen across
the bow.

(3) Vessels of classes A and 1 when propelled by sail alone shall exhibit
the combined light prescribed by this section and a twelve point (135
degree) white light aft. Vessels of classes 2 and 3, when so propelled,
shall exhibit the colored side lights, suitably screened, prescribed by
this section and a twelve point (135 degree) white light aft.

(4) All vessels between the hours of sunset and sunrise that are not
under way, moored at permanent dockage or attached to an immovable object
on shore so that they do not extend more than fifty feet from the shore
shall display one three-hundred-sixty-degree white light visible three
hundred sixty degrees around the horizon.

(5) Every white light prescribed by this section shall be of such
character as to be visible at a distance of at least two miles. Every
colored light prescribed by this section shall be of such character as to
be visible at a distance of at least one mile. The word "visible" in this
subsection, when applied to lights, shall mean visible on a dark night
with clear atmosphere.

(6) When propelled by sail and machinery every vessel shall carry the
lights required by this section for a motorboat propelled by machinery
only.

3. Any watercraft not defined as a vessel shall, from sunset to sunrise,
carry, ready at hand, a lantern or flashlight showing a white light which
shall be exhibited in sufficient time to avert collision.

4. Any vessel may carry and exhibit the lights required by the federal
regulations for preventing collisions at sea, in lieu of the lights
required by subsection 2 of this section.

5. All other watercraft over sixty-five feet in length and those
propelled solely by wind effect on the sail shall display lights
prescribed by federal regulations.

6. Any watercraft used by a person engaged in the act of sport fishing is
not required to display any lights required by this section if no other
vessel is within the immediate vicinity of the first vessel, the vessel
is using an electric trolling motor and the vessel is within fifty feet
of the shore.

7. Every vessel, except those in class A, shall have on board at least
one wearable personal flotation device of type I, II or III for each
person on board and each person being towed who is not wearing one. Every
such vessel shall also have on board at least one type IV throwable
personal flotation device.

8. All class A motorboats and all watercraft traveling on the waters of
this state shall have on board at least one type I, II, III or IV
personal flotation device for each person on board and each person being
towed who is not wearing one.

9. All lifesaving devices required by subsections 7 and 8 of this section
shall be United States Coast Guard approved, in serviceable condition and
so placed as to be readily accessible.

10. Every vessel which is carrying or using flammable or toxic fluid in
any enclosure for any purpose, and which is not an entirely open vessel,
shall have an efficient natural or mechanical ventilation system which
must be capable of removing resulting gases prior to and during the time
the vessel is occupied by any person.

11. Motorboats shall carry on board at least the following United States
Coast Guard approved fire extinguishers:

(1) Every class A and every class 1 motorboat carrying or using gasoline
or any other flammable or toxic fluid, one B1 type fire extinguisher;

(2) Every class 2 motorboat, one B2 or two B1 type fire extinguishers;

(3) Every class 3 motorboat:

(a) Three B1 type fire extinguishers; or

(b) One B2 type and one B1 type fire extinguisher; or

(c) A fixed fire extinguishing system and one B2 type fire extinguisher;
or

(d) A fixed fire extinguishing system and two B1 type fire extinguishers.

12. All class 1 and 2 motorboats and vessels shall have a sounding
device. All class 3 motorboats and vessels shall have at least a sounding
device and one bell.

13. No person shall operate any watercraft which is not equipped as
required by this section.

14. A Missouri state water patrol officer may direct the operator of any
watercraft being operated without sufficient personal flotation devices,
fire-fighting devices or in an overloaded or other unsafe condition or
manner to take whatever immediate and reasonable steps are necessary for
the safety of those aboard when, in the judgment of the officer, such
operation creates a hazardous condition. The officer may direct the
operator to return the watercraft to the nearest safe mooring and to
remain there until the situation creating the hazardous condition is
corrected.

15. A Missouri state water patrol officer may remove any unmanned or
unattended watercraft from the water when, in the judgment of the
officer, the watercraft creates a hazardous condition. (L. 1959 S.B. 142
§ 4, A.L. 1969 S.B. 194, A.L. 1977 H.B. 176, A.L. 1985 H.B. 280, et al.,
A.L. 1989 S.B. 135)

Effective 5-25-89

1. No person shall operate any motorboat or watercraft, or
manipulate any water skis, surfboard or other waterborne device in a
reckless or negligent manner so as to endanger the life or property of
any person.

2. No person shall operate any motorboat or watercraft, or manipulate any
water skis, surfboard or other waterborne device while intoxicated or
under the influence of any narcotic drug, barbiturate or marijuana. (L.
1959 S.B. 142 § 9, A.L. 1985 H.B. 280, et al.)

Effective 4-1-86

1. A person commits the crime of negligent operation of a vessel
if when operating a vessel on the Mississippi River, Missouri River or
the lakes of this state he acts with criminal negligence, as defined in
subsection 5 of section 562.016, RSMo, to cause physical injury to any
other person or damage to the property of any other person. A person
convicted of negligent operation of a vessel is guilty of a class B
misdemeanor upon conviction for the first violation, guilty of a class A
misdemeanor upon conviction for the second violation, and guilty of a
class D felony for conviction for the third and subsequent violations.

2. A person commits the crime of operating a vessel while intoxicated if
he operates a vessel on the Mississippi River, Missouri River or the
lakes of this state while in an intoxicated condition. A person convicted
of operating a vessel while intoxicated is guilty of a class B
misdemeanor upon conviction for the first violation, guilty of a class A
misdemeanor upon conviction for the second violation, and guilty of a
class D felony for conviction for the third and subsequent violations.

3. A person commits the crime of involuntary manslaughter with a vessel
if, while in an intoxicated condition, he operates any vessel on the
Mississippi River, Missouri River or the lakes of this state and, when so
operating, acts with criminal negligence to cause the death of any
person. Involuntary manslaughter with a vessel is a class C felony.

4. A person commits the crime of assault with a vessel in the second
degree if, while in an intoxicated condition, he operates any vessel on
the Mississippi River, Missouri River or the lakes of this state and,
when so operating, acts with criminal negligence to cause physical injury
to any other person. Assault with a vessel in the second degree is a
class D felony.

5. For purposes of this section, a person is in an intoxicated condition
when he is under the influence of alcohol, a controlled substance or
drug, or any combination thereof. (L. 1993 S.B. 167)

1. A person commits the crime of operating a vessel with
excessive blood alcohol content if such person operates a vessel on the
Mississippi River, Missouri River or the lakes of this state with
ten-hundredths of one percent or more by weight of alcohol in such
person's blood.

2. As used in this section, percent by weight of alcohol in the blood
shall be based upon grams of alcohol per one hundred milliliters of blood
and may be shown by chemical analysis of the person's blood, breath,
urine, or saliva.

3. Any person convicted of operating a vessel with excessive blood
alcohol content is guilty of a class B misdemeanor upon conviction for
the first violation, guilty of a class A misdemeanor upon conviction for
the second violation, and guilty of a class D felony for conviction for
the third and subsequent violations. (L. 1993 S.B. 167, A.L. 2005 H.B.
353)

1. For purposes of sections 306.111 to 306.119, the term
"operate" means to physically control the movement of a vessel in motion
under mechanical or sail power in water.

2. No arrest shall be made under sections 306.111 to 306.119 unless
probable cause exists for that arrest. (L. 1993 S.B. 167)

Effective 6-30-93

1. No person convicted of or pleading guilty to a violation of
section 306.111 or 306.112 shall be granted a suspended imposition of
sentence, unless such person is placed on probation for a minimum of two
years and a record of the conviction or plea of guilty is entered into
the records of the Missouri uniform law enforcement system maintained by
the Missouri state highway patrol.

2. Chemical tests of a person's blood, breath, urine, or saliva to be
considered valid under the provisions of sections 306.111 to 306.119
shall be performed according to methods and devices approved by the
department of health and senior services by licensed medical personnel or
by a person possessing a valid permit issued by the department of health
and senior services for this purpose. In addition, any state, county, or
municipal law enforcement officer who is certified pursuant to chapter
590, RSMo, may, prior to arrest, administer a portable chemical test to
any person suspected of operating any vessel in violation of section
306.111 or 306.112. A portable chemical test shall be admissible as
evidence of probable cause to arrest and as exculpatory evidence, but
shall not be admissible as evidence of blood alcohol content. The
provisions of section 306.116 shall not apply to a test administered
prior to arrest pursuant to this section.

3. The department of health and senior services shall approve
satisfactory techniques, devices, equipment, or methods to conduct tests
required by sections 306.111 to 306.119, and shall establish standards as
to the qualifications and competence of individuals to conduct analyses
and to issue permits which shall be subject to termination, suspension or
revocation by the department of health and senior services.

4. A licensed physician, registered nurse, or trained medical technician,
acting at the request and direction of a law enforcement officer, shall
withdraw blood for the purpose of determining the alcohol content of the
blood, unless the medical personnel, in the exercise of good faith
medical judgment, believes such procedure would endanger the life or
health of the person in custody. Blood may be withdrawn only by such
medical personnel, but such restriction shall not apply to the taking of
a breath test or a urine or saliva specimen. In withdrawing blood for the
purpose of determining the alcohol content in the blood, only a
previously unused and sterile needle and sterile vessel shall be used and
the withdrawal shall otherwise be in strict accord with accepted medical
practices. A nonalcoholic antiseptic shall be used for cleansing the skin
prior to a venapuncture. Upon the request of the person who is tested,
full information concerning the test taken at the direction of the law
enforcement officer shall be made available to such person.

5. No person who administers any test pursuant to the provisions of
sections 306.111 to 306.119 upon the request of a law enforcement
officer, no hospital in or with which such person is employed or is
otherwise associated or in which such test is administered, and no other
person, firm, or corporation by whom or with which such person is
employed or is in any way associated shall be civilly liable for damages
to the person tested, except for negligence in administering of the test
or for willful and wanton acts or omissions.

6. Any person who is dead, unconscious or who is otherwise in a condition
rendering such person incapable of refusing to take a test as provided in
sections 306.111 to 306.119 shall be deemed not to have withdrawn the
consent provided by section 306.116 and the test or tests may be
administered. (L. 1993 S.B. 167, A.L. 2004 H.B. 841, A.L. 2005 H.B. 353)

1. No person shall engage in the activity of parasailing unless
there is in the watercraft a person of at least twelve years of age, in
addition to the operator, in a position to observe the progress of the
person or persons being towed.

2. No person shall engage in the activity of parasailing during the time
between sunset and sunrise. (L. 1989 S.B. 135)

Effective 5-25-89

1. Any person who operates a vessel upon the Mississippi River,
Missouri River or the lakes of this state shall be deemed to have given
consent to, subject to the provisions of sections 306.111 to 306.119, a
chemical test or tests of such person's breath, blood, urine, or saliva
for the purpose of determining the alcohol or drug content of such
person's blood if arrested for any offense arising out of acts which the
arresting law enforcement officer had reasonable grounds to believe were
committed while the person was operating a vessel upon the Mississippi
River, Missouri River or lakes of this state in violation of section
306.111 or 306.112. The test shall be administered at the direction of
the arresting law enforcement officer whenever the person has been
arrested for the offense.

2. The implied consent to submit to the chemical tests listed in
subsection 1 of this section shall be limited to not more than two such
tests arising from the same arrest, incident, or charge.

3. The person tested may have a physician, or a qualified technician,
chemist, registered nurse, or other qualified person of such person's
choosing and at such person's expense administer a test in addition to
any administered at the direction of a law enforcement officer. The
failure or inability to obtain an additional test by a person shall not
preclude the admission of evidence relating to the test taken at the
direction of a law enforcement officer.

4. Upon the request of the person who is tested, full information
concerning the test shall be made available to such person. (L. 1993 S.B.
167, A.L. 2005 H.B. 353)

1. Upon the trial of any person for violation of any of the
provisions of section 306.111 or 306.112 the amount of alcohol or drugs
in the person's blood at the time of the act alleged as shown by any
chemical analysis of the person's blood, breath, urine, or saliva is
admissible in evidence and the provisions of subdivision (5) of section
491.060, RSMo, shall not prevent the admissibility or introduction of
such evidence if otherwise admissible. Evidence of alcohol in a person's
blood shall be given the following effect:

(1) If there was five-hundredths of one percent or less by weight of
alcohol in such person's blood, it shall be presumed that the person was
not intoxicated at the time the specimen was obtained;

(2) If there was in excess of five-hundredths of one percent but less
than ten-hundredths of one percent by weight of alcohol in such person's
blood, the fact shall not give rise to any presumption that the person
was or was not intoxicated, but the fact may be considered with other
competent evidence in determining whether the person was intoxicated;

(3) If there was ten-hundredths of one percent or more by weight of
alcohol in the person's blood, this shall be prima facie evidence that
the person was intoxicated at the time the specimen was taken.

2. Percent by weight of alcohol in the blood shall be based upon grams of
alcohol per one hundred milliliters of blood.

3. A chemical analysis of a person's breath, blood, urine, or saliva, in
order to give rise to the presumption or to have the effect provided for
in subsection 1 of this section, shall have been performed as provided in
sections 306.111 to 306.119 and in accordance with methods and standards
approved by the department of health and senior services.

4. The provisions of this section shall not be construed as limiting the
introduction of any other competent evidence bearing upon the question
whether the person was intoxicated or under the influence of a controlled
substance, or drug, or a combination of either or both with or without
alcohol. (L. 1993 S.B. 167, A.L. 2005 H.B. 353)

1. If an arresting officer requests a person under arrest to
submit to a chemical test, such request shall include the reasons of the
officer for requesting the person to submit to a test and shall inform
the person that he or she may refuse such request but that such person's
refusal may be used as evidence against him or her. If a person refuses a
test as provided in this subsection, no test shall be given.

2. If a person refuses to submit to a chemical test of such person's
breath, blood, urine, or saliva and that person stands trial for the
crimes provided in section 306.111 or 306.112, such refusal may be
admissible into evidence at the trial. (L. 1993 S.B. 167, A.L. 2005 H.B.
353)

1. No person shall operate a vessel on any waters of this state
for towing a person or persons on water skis, or a surfboard, or similar
device unless there is in the vessel a person, in addition to the
operator, in a position to observe the progress of the person or persons
being towed, unless such vessel is equipped with a ski mirror as approved
by the division of water safety.

2. No person shall operate a vessel on any waters of this state towing a
person or persons on water skis, a surfboard, or similar device, nor
shall any person engage in water skiing, surfboarding, or similar
activity during the time between sunset and sunrise.

3. The provisions of subsections 1 and 2 of this section do not apply to
a performer engaged in a professional exhibition or a person or persons
engaged in an activity authorized under section 306.130.

4. No person shall operate or manipulate any vessel, tow rope or other
device by which the direction or location of water skis, a surfboard, or
similar device may be affected or controlled in a way to cause the water
skis, surfboard, or similar device, or any person thereon to collide with
or strike against any object or person. (L. 1959 S.B. 142 § 12, A.L. 1969
S.B. 194)

No person under fourteen years of age shall operate any
motorboat or vessel upon the waters of this state unless such person is
under the direct on-board supervision of a parent, guardian or other
person sixteen years of age or older, or unless the motorboat is moored.
No person shall authorize or knowingly permit a motorboat owned by such
person or under the person's control to be operated on the waters of this
state in violation of this section, nor shall a parent or guardian
authorize or knowingly permit such a child, under fourteen years of age,
to operate a motorboat in violation of this section. (L. 1969 S.B. 194 §
2, 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

1. (1) "Aids to navigation" means buoys, beacons or other fixed
objects in the water which are used to mark obstructions to navigation or
to direct navigation through safe channels.

(2) "Regulatory markers" means any anchored or fixed markers in or on the
water or signs on the shore or on bridges over the water other than aids
to navigation and shall include but not be limited to bathing markers,
speed zone markers, information markers, danger zone markers, boat
keep-out areas, and mooring buoys.

2. The Missouri state water patrol after a public hearing pursuant to
notice thereof published not less than ten days prior thereto in each
county to be affected may provide for the uniform marking of the water
areas in this state through the placement of aids to navigation and
regulatory markers. The Missouri state water patrol shall establish a
marking system compatible with the system of aids to navigation
prescribed by the United States Coast Guard. No city, county, or person
shall mark or obstruct the water of this state in any manner so as to
endanger the operation of watercraft or conflict with the marking system
prescribed by the state water patrol.

3. Whenever, due to any actual or imminent man-made or natural disaster,
the navigation or use of any waters of this state presents an
unreasonable danger to persons or property, the Missouri state water
patrol may, with the consent of the director of the department of public
safety, close such waters by the placement of regulatory markers.

4. The operation of any watercraft within prohibited areas that are
marked shall be prima facie evidence of negligent operation.

5. It shall be unlawful for any person to operate a watercraft on the
waters of this state in a manner other than that prescribed or permitted
by regulatory markers.

6. No person shall moor or fasten a watercraft to or willfully damage,
tamper, remove, obstruct, or interfere with any aid to navigation or
regulatory marker established pursuant to sections 306.010 to 306.126.
(L. 1969 S.B. 194 § 3, A.L. 1985 H.B. 280, et al., A.L. 1989 S.B. 135,
A.L. 2002 S.B. 712)

1. Every person shall operate a motorboat, vessel or watercraft
in a careful and prudent manner and at a rate of speed so as not to
endanger the property of another or the life or limb of any person and
shall exercise the highest degree of care.

2. No person shall operate a motorboat, vessel or watercraft at any time
from a half-hour after sunset until an hour before sunrise the following
day at a speed exceeding thirty miles per hour. This subsection shall
only apply to the waters of the Mississippi River, the waters of the
Missouri River, and lakes with an aggregate shoreline in excess of one
hundred sixty miles.

3. Vessels shall not be operated within one hundred feet of any dock,
pier, occupied anchored boat or buoyed restricted area on any lake at a
speed in excess of slow-no wake speed.

4. Subsection 1 of this section shall not apply to a motorboat or other
boat race authorized under section 306.130. (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

1. The operator of a motorboat shall not allow any person to
ride or sit on the gunwales, decking over the bow, railing, top of seat
back or decking over the back of the motorboat while under way, unless
such person is inboard of adequate guards or railing provided on the
motorboat to prevent a passenger from being lost overboard. As used in
this section, the term "adequate guards or railing" means guards or
railings having a height parameter of at least six inches but not more
than eighteen inches. Nothing in this section shall be construed to mean
that passengers or other persons aboard a motorboat cannot occupy the
decking over the bow of the boat to moor it to a mooring buoy or to cast
off from such a buoy, or for any other necessary purpose. The provisions
of this section shall not apply to vessels propelled by sail.

2. Whenever any person leaves any watercraft, other than a personal
watercraft, on the waters of the Mississippi River, the waters of the
Missouri River or the lakes of this state and enters the water between
the hours of 11:00 a.m. and sunset, the operator of such watercraft shall
display on the watercraft a red or orange flag measuring not less than
twelve inches by twelve inches. The provisions of this subsection shall
not apply to watercraft that is moored or anchored. The flag required by
this subsection shall be visible for three hundred sixty degrees around
the horizon when displayed and shall be displayed only when an occupant
of the watercraft has left the confines of the watercraft and entered the
water. The flag required by this subsection shall not be displayed when
the watercraft is engaged in towing any person, but shall be displayed
when such person has ceased being towed and has reentered the water.

3. No operator shall knowingly operate any watercraft within fifty yards
of a flag required by subsection 2 of this section at a speed in excess
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

1. Beginning January 1, 2005, every person born after January 1,
1984, or as required pursuant to section 306.128, who* operates a vessel
on the lakes of this state shall possess, on the vessel, a boating safety
identification card issued by the Missouri state water patrol or its
agent which shows that he or she has:

(1) Successfully completed a boating safety course approved by the
National Association of State Boating Law Administrators and certified by
the Missouri state water patrol. The boating safety course may include a
course sponsored by the United States Coast Guard Auxiliary or the United
States Power Squadron. The Missouri state water patrol may appoint agents
to administer a boater education course or course equivalency examination
and issue boater identification cards under guidelines established by the
water patrol. The Missouri state water patrol shall maintain a list of
approved courses; or

(2) Successfully passed an equivalency examination prepared by the
Missouri state water patrol and administered by the Missouri state water
patrol or its agent. The equivalency examination shall have a degree of
difficulty equal to, or greater than, that of the examinations given at
the conclusion of an approved boating safety course; or

(3) A valid master's, mate's, or operator's license issued by the United
States Coast Guard.

2. The Missouri state water patrol or its agent shall issue a permanent
boating safety identification card to each person who complies with the
requirements of this section which is valid for life unless invalidated
pursuant to law.

3. The Missouri state water patrol may charge a fee for such card or any
replacement card that does not substantially exceed the costs of
administrating this section. The Missouri state water patrol or its
designated agent shall collect such fees. These funds shall be forwarded
to general revenue.

4. The provisions of this section shall not apply to any person who:

(1) Is licensed by the United States Coast Guard to serve as master of a
vessel;

(2) Operates a vessel only on a private lake or pond that is not
classified as waters of the state;

(3) Until January 1, 2006, is a nonresident who is visiting the state for
sixty days or less;

(4) Is participating in an event or regatta approved by the water patrol;

(5) Is a nonresident who has proof of a valid boating certificate or
license issued by another state if the boating course is approved by the
National Association of State Boating Law Administrators (NASBLA);

(6) Is exempted by rule of the water patrol;

(7) Is currently serving in any branch of the United States armed forces,
reserves, or Missouri national guard, or any spouse of a person currently
in such service; or

(8) Has previously successfully completed a boating safety education
course approved by the National Association of State Boating Law
Administrators (NASBLA).

5. The Missouri state water patrol shall inform other states of the
requirements of this section.

6. No individual shall be detained or stopped strictly for the purpose of
checking whether the individual possesses a boating safety identification
card or a temporary boater education permit.

**7. Beginning January 1, 2006, any nonresident born after January 1,
1984, desiring to operate a rental vessel on the lakes of this state, may
obtain a temporary boater education permit by completing and passing a
written examination developed by the Missouri state water patrol,
provided the person meets the minimum age requirements for operating a
vessel in this state. The Missouri state water patrol is authorized to
promulgate rules for developing the examination and any requirements
necessary for issuance of the temporary boater education permit. The
temporary boater education permit shall expire when the nonresident
obtains a permanent identification card pursuant to subsection 2 of this
section or thirty days after issuance, whichever occurs first. The
Missouri state water patrol may charge a fee not to exceed ten dollars
for such temporary permit. Upon successful completion of an examination
and prior to renting a vessel, the business entity responsible for giving
the examination shall collect such fee and forward all collected fees to
the Missouri state water patrol on a monthly basis for deposit in the
state general revenue fund. Such business entity shall incur no
additional liability in accepting the responsibility for administering
the examination. This subsection shall terminate on December 31, 2010.
(L. 2003 S.B. 1, A.L. 2004 S.B. 1259)

*Word "who" does not appear in original rolls.

**Subsection 7 expires 12-31-10

Beginning January 1, 2005, any person convicted of an offense
pursuant to section 306.110, 306.111, 306.112, 306.127, 306.132, or
306.141 shall:

(1) Enroll in and successfully complete, at his or her own expense, a
boating safety education course that meets minimum standards established
by the water patrol by rule;

(2) File with the court proof of successful completion of such course and
submit a certified copy to the water patrol; and

(3) Not operate a vessel until such filing. (L. 2003 S.B. 1)

1. The Missouri state water patrol is authorized to promulgate
such rules as are necessary to effectuate the provisions of sections
306.127 and 306.128.

2. Any rule or portion of a rule, as that term is defined in section
536.010, RSMo, that is created under the authority delegated in this
section shall become effective only if it complies with and is subject to
all of the provisions of chapter 536, RSMo, and, if applicable, section
536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and
if any of the powers vested with the general assembly pursuant to chapter
536, RSMo, to review, to delay the effective date or to disapprove and
annul a rule are subsequently held unconstitutional, then the grant of
rulemaking authority and any rule proposed or adopted after August 28,
2003, shall be invalid and void. (L. 2003 S.B. 1)

1. The Missouri state water patrol shall authorize the holding
of regattas, motorboat or other watercraft races, marine parades,
tournaments, parasail operations or exhibitions on any waters of this
state when it has determined that said event will not create conditions
of excessive danger for the participants, observers or operators of other
watercraft nor unduly disrupt navigation. It shall adopt and may, from
time to time, amend regulations concerning the safety of motorboats and
other watercraft and persons thereon, either observers or participants.
Whenever a regatta, motorboat or other watercraft race, marine parade,
tournament, parasail operation or exhibition is proposed to be held, the
person in charge thereof shall, at least fifteen days prior thereto, file
an application with the Missouri state water patrol for permission to
hold the regatta, motorboat or other watercraft race, marine parade,
tournament, parasail operation or exhibition, and it shall not be
conducted without authorization of the Missouri state water patrol in
writing.

2. The provisions of this section shall not exempt any person from
compliance with applicable federal law or regulation, but nothing
contained herein shall be construed to require the securing of a state
permit pursuant to this section if a permit therefor has been obtained
from an authorized agency of the United States. (L. 1959 S.B. 142 § 13,
A.L. 1985 H.B. 280, et al., A.L. 1989 S.B. 135)

Effective 5-25-89

1. Any person operating a watercraft on the waters of this state
shall stop such watercraft upon a signal of any member of the Missouri
state water patrol and obey any other reasonable signal or direction of
such member of the Missouri state water patrol given in directing the
movement of traffic on the waters of this state.

2. Any person operating a watercraft upon the waters of this state shall
immediately stop or position such watercraft in such a way as to give the
right-of-way on the water to any emergency watercraft, as established by
the Missouri state water patrol, when such emergency watercraft gives an
audible signal by siren or gives a visible signal by having at least one
lighted lamp exhibiting a red or blue light visible under normal
atmospheric conditions from a distance of five hundred feet to the front
of such emergency watercraft.

3. Any person who violates the provisions of this section is guilty of a
class C misdemeanor. (L. 1989 S.B. 135)

Effective 5-25-89

1. It shall be the duty of the operator of a watercraft involved
in a collision, accident, or other casualty, so far as the operator can
do so without serious danger to the operator's watercraft, crew and
passengers, to render to other persons affected by the collision,
accident, or other casualty assistance as may be practicable and as may
be necessary in order to save them from or minimize any danger caused by
the collision, accident, or other casualty, and also to give his or her
name, address, and identification of his or her watercraft in writing to
any person injured and to the owner of any property damaged in the
collision, accident, or other casualty.

2. In the case of collision, accident, or other casualty involving a
watercraft, the operator thereof, if the collision, accident, or other
casualty results in death or injury to a person or damage to property in
excess of five hundred dollars, shall file with the Missouri state water
patrol a full description of the collision, accident, or other casualty,
including such information as the patrol may, by regulation, require. (L.
1959 S.B. 142 § 10, A.L. 1985 H.B. 280, et al., A.L. 1989 S.B. 135, A.L.
2005 H.B. 353)

1. A person commits the crime of leaving the scene of a vessel
accident if:

(1) The person is an operator of a vessel on a waterway;

(2) The person knows that an injury was caused to another person or to
the property of another person, due to the person's action, whether
purposefully, negligently or accidentally; and

(3) The person leaves the place of the injury, damage, or accident
without stopping and giving the following information to the other party
or to a water patrol officer or other law enforcement officer or, if no
officer is in the vicinity, then without delay to the nearest police
station or judicial officer:

(a) The operator's name;

(b) The operator's residence, including city and street number;

(c) The vessel registration number; and

(d) The operator's license number for any license issued under chapter
302, RSMo.

2. Leaving the scene of a vessel accident is a class A misdemeanor,
unless:

(1) The defendant has previously pled guilty to, or been found guilty of,
a violation of this section; or

(2) The accident resulted in physical injury to another person. In which
cases, leaving the scene of a vessel accident is a class D felony. (L.
1995 H.B. 217)

1. No person shall operate a personal watercraft unless each
person aboard is wearing a type I, type II, type III or type V personal
flotation device approved by the United States Coast Guard.

2. A person operating a personal watercraft equipped by the manufacturer
with a lanyard-type engine cutoff switch shall attach such lanyard to the
person's body, clothing, or personal flotation device as appropriate for
the specific vessel.

3. No person under fourteen years of age shall operate a personal
watercraft on the waters of this state, except that a person under
fourteen years of age may operate a personal watercraft if a person at
least sixteen years of age is aboard the personal watercraft.

4. Every personal watercraft shall at all times be operated in a
reasonable and prudent manner. Maneuvers which unreasonably or
unnecessarily endanger life, limb or property, including, but not limited
to, weaving through congested vessel traffic, jumping the wake of another
vessel when visibility around such vessel is obstructed, becoming
airborne or completely leaving the water while crossing the wake of
another vessel within one hundred feet of the vessel creating the wake,
operating at a speed in excess of a slow-no wake speed within fifty feet
of any vessel or any person in or on the water, and operating at such a
speed and proximity to another vessel so as to require the operator to
swerve to avoid collision, shall constitute unsafe or reckless operation
of a personal watercraft. No person shall operate a personal watercraft
on any waters of this state for towing a person or persons on water skis,
or a surfboard, or similar device unless there is a person on the
personal watercraft, in addition to the operator, or an approved ski
mirror attached to the personal watercraft, in a position to observe the
progress of the person or persons being towed.

5. No person who owns a personal watercraft or who has charge over or
control of a personal watercraft shall authorize or knowingly permit the
personal watercraft to be operated in violation of this section, nor
shall a parent or guardian authorize or knowingly permit a child of such
parent or guardian to operate a personal watercraft in violation of this
section.

6. The provisions of this section shall not apply to a person
participating in a regatta, race, marine parade, tournament, or
exhibition for which a permit has been issued by the state water patrol.
(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

1. As used in this section, the term "muffler" means a sound
suppression device or system designed and installed to abate the sound of
exhaust gases emitted from an internal combustion engine and which
prevents excessive or unusual noise.

2. Effective January 1, 1996, a person shall not manufacture, sell or
offer for sale or operate in this state any motorboat manufactured after
that date that exceeds the noise level of 90dB(A) when subjected to a
stationary sound level test as prescribed by SAE J2005. All motorboats
manufactured prior to January 1, 1996, shall not exceed eighty-six
decibels on an A-weighted scale when subjected to a sound level test as
prescribed by SAE J34 when measured from a distance of fifty or more feet
from the motorboat.

3. No person shall remove, alter or otherwise modify in any way a muffler
or muffler system in a manner which will prevent it from being operated
in accordance with this section. Nothing in this section shall preclude a
person from removing, altering or modifying a muffler or muffler system
so long as the muffler or muffler system continues to comply with
subsection 2 of this section. This section shall not be construed so as
to prohibit the use of any exhaust system or device, including but not
limited to those not discharging water with exhaust gases, so long as the
device or system is in compliance with subsection 2 of this section.

4. No motorboat shall be equipped with any electrical or mechanical
device or switch that when manipulated in any manner would allow the
muffler or exhaust system to emit a noise level that exceeds the maximums
in subsection 2 of this section.

5. Effective January 1, 1996, a person shall not manufacture, nor shall
any person sell or offer for sale any motorboat which is manufactured
after January 1, 1996, which is equipped with a muffler or muffler system
which does not comply with this section. The subsection shall not apply
to power vessels designed, manufactured and sold for the sole purpose of
competing in racing events and for no other purpose. Any such exemption
or exception shall be documented in every sale agreement and shall be
formally acknowledged by signature on the part of both the buyer and the
seller. Copies of such agreement shall be maintained by both parties. A
copy of such agreement shall be kept on board whenever the motorboat is
operated. Any motorboat sold under this exemption may only be operated on
the waters of this state in accordance with subsection 7 of this section.

6. As of January 1, 1996, every manufacturer which delivers a new
motorboat for sale in this state shall certify, if the purchaser or
dealer makes a request in writing, that the decibel level of the
motorboat engine, muffler and exhaust system, as delivered to any
licensed dealer in this state, does not exceed the noise level of 90dB(A)
when subjected to a stationary sound level test as prescribed by SAE
J2005. Such certificate of decibel level from the manufacturer shall be
given by the dealer to the purchaser of the new motorboat if the
motorboat is sold for use upon the waters of this state. The purchaser
shall sign a statement acknowledging receipt of the certificate of
decibel level which shall be supplied by the dealer. The dealer shall
represent by affidavit whether or not the engine or muffler system of the
new motorboat being sold has been altered or modified in any way.

7. The provisions of this section shall not apply to motorboats
registered and actually participating in a racing event or tune-up
periods for such racing events or to a motorboat being operated by a boat
or engine manufacturer for the purpose of testing or development. The
operator of any motorboat operated upon the waters of this state for the
purpose of a tune-up for a sanctioned race or for testing or development
by a boat or engine manufacturer shall at all times have in such
operator's possession and produce on demand by a law enforcement officer
a test permit issued by the state water patrol. For the purpose of races
or racing events, such race shall only be sanctioned when conducted in
accordance with and approved by the United States Coast Guard or this
state.

8. Any officer authorized to enforce the provisions of this section who
has probable cause to believe that a motorboat is not in compliance with
the noise levels established in this section may direct the operator of
such motorboat to submit the motorboat to an on-site test to measure
noise levels, with the officer on board if such officer chooses, and the
operator shall comply with such request. The owner of any motorboat which
violates any provision of this section shall have sixty days from the
date of the violation to bring the motorboat into compliance with the
provisions of this section. Thereafter, it shall be the owner's
responsibility to have the motorboat tested by the state water patrol. If
the motorboat fails the state water patrol test, the owner shall
immediately moor the motorboat and shall keep the motorboat moored until
the state water patrol certifies that the motorboat is in compliance with
the provisions of this section. Any person who fails to comply with a
request or direction of an officer made pursuant to this subsection is
guilty of a class C misdemeanor. Nothing in this subsection shall be
construed to limit the officer's ability to enforce this section and to
issue citations to the owner or operator of any motorboat during the
sixty-day compliance period.

9. Any officer who conducts motorboat sound level tests as provided in
this section shall be qualified in motorboat noise testing by the
department of public safety. Such qualifications shall include but may
not be limited to the selection of the measurement site, and the
calibration and use of noise testing equipment in accordance with the
testing procedure prescribed by SAE J2005 and SAE J34.

10. Unless otherwise indicated, any person who knowingly violates this
section is guilty of an infraction for a first offense with a penalty not
to exceed one hundred dollars, is guilty of an infraction for a second
offense with a penalty not to exceed two hundred dollars, and is guilty
of an infraction for a third or subsequent offense with a penalty not to
exceed three hundred dollars.

11. This section shall only apply to the waters of the Mississippi River,
the waters of the Missouri River, and lakes with an aggregate shoreline
in excess of one hundred sixty miles. This section shall not apply to
motorboats not intended for use in this state. (L. 1995 H.B. 217, A.L.
1997 H.B. 379, A.L. 2005 H.B. 353)

1. The owner or operator of a watercraft livery shall cause a
record to be kept of the name and address of the person or persons hiring
any watercraft which is designed or permitted by the owner to be operated
as a watercraft, the identification number of vessels hired, the
departure date and time, and the expected time of return. The record
shall be preserved for at least six months and shall be available for
inspection upon request by any law enforcement officer of this state.

2. Neither the owner of a watercraft livery, nor the owner's agent or
employee shall permit any watercraft to depart from the owner's premises
unless the watercraft has been equipped, either by the owner or the
renter, with the equipment required pursuant to section 306.100 or any
rules or regulations made pursuant to such section. (L. 1959 S.B. 142 §
6, A.L. 1985 H.B. 280, et al., A.L. 1995 H.B. 217)

CROSS REFERENCE: Penalty provisions for violations of this section, RSMo
306.210

The Missouri state water patrol is authorized to employ, within
the limits of appropriations made therefor and subject to the provisions
of chapter 36, RSMo, such personnel as may be necessary to properly
perform the duties of the water patrol, and the water patrol shall
prescribe the duties and responsibilities of such personnel. (L. 1967 1st
Ex. Sess. p. 903, A.L. 1973 S.B. 108, A.L. 1977 S.B. 194, A.L. 1989 S.B.
135)

Effective 5-25-89

CROSS REFERENCE: State water patrol assigned to department of public
safety, RSMo 650.005

1. The governor, by and with the advice and consent of the
senate, shall appoint a commissioner of the Missouri state water patrol
to serve at the pleasure of the governor. He shall take and subscribe an
oath of office to perform his duties faithfully and impartially.

2. The commissioner shall prescribe rules for instruction and discipline
and make administrative rules and regulations and fix the hours of duty
for the members of the patrol. He shall have charge of the office of the
patrol, shall be custodian of the records of the patrol, and shall direct
the day-to-day activities of the officers, patrolmen and office personnel.

3. He shall be given a certificate of appointment, a copy of which shall
be filed with the secretary of state, granting him all the powers of a
peace officer to enforce all the laws of this state within the
jurisdiction of the water patrol as listed in section 306.165, provided
that he has completed a law enforcement training course which meets the
standards established in chapter 590, RSMo. (L. 1985 H.B. 280, et al. §
306.162, A.L. 1989 S.B. 135)

Effective 5-25-89

Each water patrol officer appointed by the Missouri state water
patrol and each of such other employees as may be designated by the
patrol, before entering upon his or her duties, shall take and subscribe
an oath of office to perform all duties faithfully and impartially, and
shall be given a certificate of appointment, a copy of which shall be
filed with the secretary of state, granting all the powers of a peace
officer to enforce all laws of this state, upon all of the following:

(1) The waterways of this state bordering the lands set forth in
subdivisions (2), (3), (4), and (5) of this section;

(2) All federal land, where not prohibited by federal law or regulation,
and state land adjoining the waterways of this state;

(3) All land within three hundred feet of the areas in subdivision (2) of
this section;

(4) All land adjoining and within six hundred feet of any waters
impounded in areas not covered in subdivision (2) with a shoreline in
excess of four miles;

(5) All land adjoining and within six hundred feet of the rivers and
streams of this state;

(6) Any other jurisdictional area, pursuant to the provisions of section
306.167;

(7) All premises leased or owned or under control of the Missouri state
water patrol.

Each water patrol officer may board any watercraft at any time, with
probable cause, for the purpose of making any inspection necessary to
determine compliance with the provisions of this chapter. Each water
patrol officer may arrest on view and without a warrant any person he or
she sees violating or who such patrol officer has reasonable grounds to
believe has violated any law of this state, upon any water or land area
subject to his or her jurisdiction as provided in this section or may
arrest anyone violating any law in his or her presence throughout the
state. Each water patrol officer, while investigating an accident or
crime that was originally committed within such patrol officer's
jurisdiction, as set forth in this section, may arrest any person who he
or she has probable cause to believe has committed such crime, even if
the suspect is currently out of the water patrol's jurisdiction. Water
patrol officers, if practicable, shall notify the sheriff or the police
department prior to making an arrest within their respective county or
city. Each water patrol officer shall comply with the training and
certification provisions of chapter 590, RSMo. (L. 1963 p. 424 §1, A.L.
1971 S.B. 2, A.L. 1977 S.B. 194, A.L. 1985 H.B. 280, et al., A.L. 1989
S.B. 135, A.L. 2001 H.B. 732 merged with S.B. 443, A.L. 2004 S.B. 920)

CROSS REFERENCE: Scholarships or grants for disabled personnel injured or
survivors of personnel killed in the line of duty, RSMo 173.260

The uniformed members of the state water patrol, with the
exception of radio personnel, shall have full power and authority as now
or hereafter vested by law in peace officers when working with and at the
special request of the sheriff of any county, the chief park ranger of
any first class county not having a charter form of government and
containing a portion of a city with a population exceeding four hundred
thousand inhabitants, the chief of police of any city, or the
superintendent of the state highway patrol as directed by the
commissioner of the water patrol; provided, however, that such power and
authority shall be exercised only upon the prior notification of the
chief law enforcement officer of each jurisdiction. (L. 1989 S.B. 135,
A.L. 2004 S.B. 920)

In the investigation of an accident or crime that was originally
committed within such patrol officer's jurisdiction, as set forth in
section 306.165, the members of the water patrol may request that the
prosecuting or circuit attorney apply for, and members of the water
patrol may serve, search warrants anywhere within the state of Missouri,
provided the sheriff of the county in which the warrant is to be served,
or his designee, shall be notified upon application by the applicant of
the search warrant. (L. 2004 S.B. 920 § 306.169)

In accordance with any request duly made by an authorized
official or agency of the United States, any information compiled or
otherwise available to the Missouri state water patrol pursuant to
subsection 2 of section 306.140 shall be transmitted to said official or
agency of the United States. (L. 1959 S.B. 142 § 11, A.L. 1989 S.B. 135)

Effective 5-25-89

All moneys collected and received by the department of revenue
pursuant to this chapter shall be paid into the state treasury and shall,
by the state treasurer, be placed in a separate fund to be known as the
"Motorboat Fund", which is hereby established. No money shall be paid out
of this fund except by appropriation of the general assembly for the
purposes of the construction and maintenance of boating facilities,
education and instruction in boating safety, the enforcement of this
chapter, and to reimburse the counties for expenditures made in the
enforcement of this chapter, upon the recommendation of the Missouri
state water patrol. (L. 1959 S.B. 142 § 15, A.L. 1989 S.B. 135)

Effective 5-25-89

1. The provisions of this chapter and of other applicable laws
of this state shall govern the operation, equipment, numbering and all
other matters relating thereto whenever any watercraft shall be operated
on the waters of this state, or when any activity regulated by this
chapter shall take place thereon; but nothing in this chapter shall be
construed to prevent the adoption of any ordinance or local law relating
to operation and equipment of watercraft the provisions of which are
identical to the provisions of this chapter, amendments thereto or
regulations issued thereunder; except that the ordinances or local laws
shall be operative only so long as and to the extent that they continue
to be identical to provisions of this chapter, amendments thereto or
regulations issued thereunder.

2. Any city or subdivision of this state may adopt special rules and
regulations with reference to the operation of watercraft on any waters
owned by the city or political subdivision.

3. The provisions of this chapter shall not apply to farm ponds not
commercially operated for boating purposes. (L. 1959 S.B. 142 § 14, A.L.
1985 H.B. 280, et al.)

Effective 4-1-86

Any peace officer of this state and its subdivisions shall and
any agent of the conservation commission may enforce the provisions of
this chapter and arrest violators thereof. (L. 1959 S.B. 142 § 16)

Any person who violates any of the provisions of sections
306.015 to 306.060 and 306.090 to 306.150 for which no other penalty is
provided is guilty of a class B misdemeanor. (L. 1959 S.B. 142 § 17, A.L.
1995 H.B. 217)

Any person who refuses or interferes with the inspection of any
boat or vessel located upon the waters of this state, when such
inspection is conducted for the purpose of determining compliance with
the provisions of this chapter, shall be guilty of a class B misdemeanor.
(L. 1985 H.B. 280, et al. § 1)

Effective 4-1-86

1. Persons engaged in the aquatic sports known as skin or scuba
diving shall mark their general location within or under the water with a
red flag with a diagonal white bar to be displayed on the water or from a
boat or raft in the vicinity of the diver's location. All diving shall be
within a fifty-yard radius of said flag. No warning flag shall be placed
as to impede the normal flow of motorboat traffic.

2. No boat operator shall knowingly operate within fifty yards of such
flag.

3. The Missouri state water patrol shall prescribe and define the size
and method of locating the warning flag mentioned in subsection 1 of this
section.

4. Any person who violates subsection 1 or 2 of this section is guilty of
a misdemeanor and, upon conviction, shall be punished as provided by law.
(L. 1972 S.B. 494 §§ 1 to 4, A.L. 1989 S.B. 135)

Effective 5-25-89

*Transferred 1985; formerly 306.600

Each person under the age of seven who is on board any
watercraft which is on the waters of this state shall wear a personal
flotation device which is approved by the United States Coast Guard. Any
person who allows a person under the age of seven to be on board any
watercraft which is on the waters of this state without wearing a
personal flotation device shall be deemed guilty of a class C
misdemeanor. This section does not apply when the person under the age of
seven is in a part of a watercraft which is fully enclosed, where such
enclosure will prevent such person from falling out of or being thrown
from the watercraft. (L. 1989 S.B. 135)

Effective 5-25-89

1. No person shall operate or otherwise position a vessel or
other object or any person in such manner as to obstruct or impede the
normal flow of traffic on the lakes of this state.

2. Any person who violates subsection 1 of this section is guilty upon
the first conviction of a class C misdemeanor and upon the second and any
subsequent conviction of a class B misdemeanor. (L. 1995 H.B. 217 § 3,
A.L. 1997 H.B. 379)

Effective 6-24-97

Notwithstanding the provisions of section 306.190, to the
contrary, any first class county containing all or part of a city with a
population of at least four hundred thousand inhabitants may adopt orders
or ordinances regulating the size and operation of watercraft upon lakes
constructed or maintained by the United States Army Corps of Engineers
within such county. Such orders or ordinances may be more, but shall not
be less, stringent than the provisions of this chapter. Any law
enforcement officer of such county may enforce the orders or ordinances
adopted by the county pursuant to this section. (L. 1989 S.B. 135 § 1)

Effective 5-25-89

As used in sections 306.250 to 306.290 the following words mean:

(1) "Boats", any vessel or watercraft moved by oars, paddles, sails, or
other power mechanism, inboard or outboard, or any other vessel or
structure floating upon the water whether or not capable of
self-locomotion, including but not limited to houseboats, barges and
similar floating objects;

(2) "Marine toilets", any toilet on or within any boat. (L. 1963 p. 424 §
1)

All marine toilets on any boat, operated upon waters of the
state, shall be so constructed and operated as to contain all sewage
aboard the boat and not to discharge any sewage into the waters directly
or indirectly. No boat shall be equipped to permit discharge from or
through any marine toilet, or in any other manner, any sewage at any time
into waters of the state, and all sewage when removed from any boat shall
immediately be placed in an approved septic tank, sanitary lagoon or
sewage treatment system. The provisions of sections 306.250 to 306.290
shall not apply to boats engaged in interstate commerce on the Missouri
and Mississippi rivers. (L. 1963 p. 424 § 2, A.L. 1971 S.B. 123)

Effective 1-1-73

Any marine toilet located on or within any boat operated on
waters of the state shall have securely affixed to the interior discharge
opening of the toilet a suitable treatment device in operating condition,
constructed and fastened in accordance with regulations of the water
pollution board or some other treatment facility or method authorized by
regulation of the water pollution board. All sewage passing into or
through the marine toilets shall pass solely through the devices. (L.
1963 p. 424 § 3)

All boats located upon waters of this state are subject to
inspection by the clean water commission or by a water patrolman during
daylight hours for the purpose of determining compliance with the
provisions of sections 306.250 to 306.290. (L. 1963 p. 424 § 4, A.L. 1971
S.B. 2, A.L. 1989 S.B. 135)

Effective 5-25-89

(1976) This section does not make a refusal to permit inspection of boat
a crime. State v. Pickett (A.), 535 S.W.2d 542.

Any person guilty of violating any of the provisions of sections
306.250 to 306.290 shall be guilty of a misdemeanor. (L. 1963 p. 424 § 5)

1. As used in this section, the following terms shall mean:

(1) "Marine sanitation device", any equipment on board a vessel which is
designed to receive, retain, treat or discharge sewage, and any process
to treat sewage on board. Marine sanitation device includes:

(a) Type I marine sanitation device, which produces an effluent having a
fecal coliform bacteria count of not greater than one thousand per one
hundred milliliters and no visible floating solids;

(b) Type II marine sanitation device, which produces an effluent having a
fecal coliform bacteria count not greater than two hundred per one
hundred milliliters and suspended solids not greater than one hundred
fifty milligrams per liter; and

(c) Type III marine sanitation device, which is certified to a no-
discharge standard, including recirculating and incinerating marine
sanitation devices and holding tanks;

(2) "Sewage", human body wastes, and the wastes from toilets and other
receptacles intended to retain body waste;

(3) "Vessel", every description of watercraft, other than a seaplane on
the water, used or capable of being used as a means of transportation on
water;

(4) "Y valve", a device capable of diverting the flow of marine sewage so
that a vessel's marine sanitation device is bypassed and raw sewage is
discharged directly into the water.

2. The following vessels equipped with an installed toilet shall be
equipped with an operable marine sanitation device:

(1) A vessel sixty-five feet in length and under shall have a type I, II
or III marine sanitation device; or

(2) A vessel over sixty-five feet in length shall have a type II or III
marine sanitation device.

3. (1) A type I or II marine sanitation device shall have a certification
label affixed that at a minimum shows:

(a) The name of the manufacturer;

(b) The name and model number of the device;

(c) The month and year of manufacture;

(d) The marine sanitation device type;

(e) A certification number; and

(f) A certification statement;

(2) A type III marine sanitation device is automatically certified and
requires no label, provided it stores sewage and flushwater only at
ambient air temperature and pressure.

4. While a vessel with an installed toilet is on Missouri waters, the
operator shall ensure that:

(1) All pathways for overboard discharge of vessel sewage from any vessel
with a type III marine sanitation device are blocked or secured in such a
way as to prevent any accidental or intentional vessel sewage discharge,
by disconnecting or physically blocking the onboard sewage lines or hull
fittings which would allow for overboard vessel sewage discharge; and

(2) Any installed in-line Y valve shall be secured to prevent the
overboard discharge of sewage from any vessel utilizing a type III marine
sanitation device, by bypassing, locking, securing or disabling the valve
using a padlock or nonreusable wire tie wrap, or by removal of the valve
handle, or by any other method in accordance with federal regulations and
standards or as approved or required by the Missouri state water patrol.

5. The chosen compliance method pursuant to subdivision (2) of subsection
4 of this section shall totally eliminate the possibility of overboard
vessel sewage discharge while in waters of the state. The method chosen
shall present a physical barrier to the use of the Y valve, whether
accidental or intentional, so that use of the valve cannot occur without
the knowledge of the operator of the vessel.

6. For any vessel offered as a noncaptained charter, the leasing entity
shall:

(1) Ensure that the vessel complies with this section when presented to
the lessor; and

(2) Include the lease agreement, signed by the leasing party, a paragraph
outlining the operator's responsibilities pursuant to this section.

7. The provisions of this section shall not apply to any vessel operated
upon the Mississippi River or the Missouri River.

8. A person who violates the provisions of this section is subject to a
civil penalty not to exceed two thousand dollars. (L. 1998 H.B. 1161 § 1)

Effective 6-9-98

1. As used in this section, the following terms mean:

(1) "Navigable waterway", any navigable river, lake, or other body of
water located wholly or partly within this state and used by any vessel;

(2) "Vessel", any canoe, kayak, or other watercraft which is easily
susceptible to swamping, tipping, or rolling, but does not include any
houseboat, party barge, runabout, ski boat, bass boat, excursion gambling
boat as defined in section 313.800, RSMo, or similar watercraft not
easily susceptible to swamping, tipping, or rolling.

2. Any person entering, traveling upon, or otherwise using navigable or
nonnavigable waterways by vessel or innertube and transporting foodstuffs
or beverages shall:

(1) Use a cooler, icebox, or similar nonglass container, and shall not
use, other than containers for substances prescribed by a licensed
physician, any glass container for beverages on a vessel within the banks
of navigable waterways;

(2) Use a cooler, icebox, or similar nonglass container sealed in a way
which prevents the contents from spilling into the water;

(3) Carry and affix to the vessel a container or bag suitable for
containing refuse, waste, and trash materials and which is capable of
being securely closed;

(4) Transport all refuse, waste, and trash materials to a place in which
such materials may be safely and lawfully disposed; and

(5) Shall safely secure any glass containers to protect them from
breakage or discharge into any stream.

3. Any person who violates the provisions of this section is guilty of a
class C misdemeanor. (L. 2004 H.B. 841)

1. As used in sections 306.400 to 306.440, the terms
"motorboat", "vessel", and "watercraft" shall have the same meanings
given them in section 306.010, and the term "outboard motor" shall
include outboard motors governed by section 306.530.

2. Unless excepted by section 306.425, a lien or encumbrance on an
outboard motor, motorboat, vessel, or watercraft shall not be valid
against subsequent transferees or lienholders of the outboard motor,
motorboat, vessel or watercraft, who took without knowledge of the lien
or encumbrance unless the lien or encumbrance is perfected as provided in
sections 306.400 to 306.430.

3. A lien or encumbrance on an outboard motor, motorboat, vessel or
watercraft is perfected by the delivery to the director of revenue of a
notice of lien in a format as prescribed by the director. Such lien or
encumbrance shall be perfected as of the time of its creation if the
delivery of the items required in this subsection to the director of
revenue is completed within thirty days thereafter, otherwise such lien
or encumbrance shall be perfected as of the time of the delivery. A
notice of lien shall contain the name and address of the owner of the
outboard motor, motorboat, vessel or watercraft and the secured party, a
description of the outboard motor, motorboat, vessel or watercraft motor,
including any identification number, and such other information as the
department of revenue may prescribe. A notice of lien substantially
complying with the requirements of this section is effective even though
it contains minor errors which are not seriously misleading. Provided the
lienholder submits complete and legible documents, the director of
revenue shall mail confirmation or electronically confirm receipt of each
notice of lien to the lienholder as soon as possible, but no later than
fifteen business days after the filing of the notice of lien.

4. Liens may secure future advances. The future advances may be evidenced
by one or more notes or other documents evidencing indebtedness and shall
not be required to be executed or delivered prior to the date of the
future advance lien securing them. The fact that a lien may secure future
advances shall be clearly stated on the security agreement and noted as
"subject to future advances" in the second lienholder's portion of the
notice of lien. To secure future advances when an existing lien on an
outboard motor, motorboat, vessel or watercraft does not secure future
advances, the lienholder shall file a notice of lien reflecting the lien
to secure future advances. A lien to secure future advances is perfected
in the same time and manner as any other lien, except as follows. Proof
of the lien for future advances is maintained by the department of
revenue; however, there shall be additional proof of such lien when the
notice of lien reflects such lien for future advances, is receipted for
by the department of revenue, and returned to the lienholder.

5. Whether an outboard motor, motorboat, vessel, or watercraft is subject
to a lien or encumbrance shall be determined by the laws of the
jurisdiction where the outboard motor, motorboat, vessel, or watercraft
was when the lien or encumbrance attached, subject to the following:

(1) If the parties understood at the time the lien or encumbrances
attached that the outboard motor, motorboat, vessel, or watercraft would
be kept in this state and it is brought into this state within thirty
days thereafter for purposes other than transportation through this
state, the validity and effect of the lien or encumbrance in this state
shall be determined by the laws of this state;

(2) If the lien or encumbrance was perfected pursuant to the laws of the
jurisdiction where the outboard motor, motorboat, vessel, or watercraft
was when the lien or encumbrance attached, the following rules apply:

(a) If the name of the lienholder is shown on an existing certificate of
title or ownership issued by that jurisdiction, his or her lien or
encumbrance continues perfected in this state;

(b) If the name of the lienholder is not shown on an existing certificate
of title or ownership issued by the jurisdiction, the lien or encumbrance
continues perfected in this state for three months after the first
certificate of title of the outboard motor, motorboat, vessel, or
watercraft is issued in this state, and also thereafter if, within the
three-month period, it is perfected in this state. The lien or
encumbrance may also be perfected in this state after the expiration of
the three-month period, in which case perfection dates from the time of
perfection in this state;

(3) If the lien or encumbrance was not perfected pursuant to the laws of
the jurisdiction where the outboard motor, motorboat, vessel, or
watercraft was when the lien or encumbrance attached, it may be perfected
in this state, in which case perfection dates from the time of perfection
in this state;

(4) A lien or encumbrance may be perfected pursuant to paragraph (b) of
subdivision (2) or subdivision (3) of this subsection in the same manner
as provided in subsection 3 of this section.

6. The director of revenue shall by rules and regulations establish a
security procedure to verify that an electronic notice or lien or notice
of satisfaction of a lien on an outboard motor, motorboat, vessel or
watercraft given pursuant to sections 306.400 to 306.440 is that of the
lienholder, to verify that an electronic notice of confirmation of
ownership and perfection of a lien given pursuant to section 306.410 is
that of the director of revenue and to detect error in the transmission
or the content of any such notice. Such a security procedure may require
the use of algorithms or other codes, identifying words or numbers,
encryption, callback procedures or similar security devices. Comparison
of a signature on a communication with an authorized specimen signature
shall not by itself constitute a security procedure. (L. 1985 H.B. 280,
et al. § 301.700, A.L. 1999 S.B. 19, A.L. 2000 S.B. 896, A.L. 2002 H.B.
2008 merged with S.B. 895)

Effective 8-28-02 (H.B. 2008)

7-01-03 (S.B. 895)

1. All certificates of title of an outboard motor, motorboat,
vessel, or watercraft issued by the director of revenue shall be mailed
to the owner named therein. If the certificate of ownership is being held
electronically by the director of revenue at the election of a
lienholder, then confirmation of such ownership shall be electronically
transmitted or mailed to the first lienholder named in such certificate.

2. A lienholder may elect to have the director of revenue retain
possession of an electronic certificate of title and the director shall
issue regulations to govern the procedure for making such an election.
Each such certificate of title shall require a separate election unless
the director provides otherwise by regulation. A subordinate lienholder
shall be bound by the election of the superior lienholder with respect to
the certificate involved.

3. "Electronic certificate of title" means any electronic record of
ownership, including liens that may be recorded. (L. 1985 H.B. 280, et
al. § 301.705, A.L. 1999 S.B. 19, A.L. 2002 H.B. 2008 merged with S.B.
895)

Effective 8-28-02 (H.B. 2008)

7-01-03 (S.B. 895)

If an owner creates a lien or encumbrance on an outboard motor,
motorboat, vessel, or watercraft:

(1) The owner shall immediately execute the application, either in the
space provided therefor on the certificate of title or on a separate form
the director of revenue prescribes, to name the lienholder on the
certificate of title, showing the name and address of the lienholder and
the date of his or her security agreement, and shall cause the
certificate of title, the application and the required fee to be mailed
or delivered to the director of revenue. Failure of the owner to do so is
a class A misdemeanor;

(2) The lienholder or an authorized agent licensed pursuant to sections
301.112 to 301.119, RSMo, shall deliver to the director of revenue a
notice of lien as prescribed by the director accompanied by all other
necessary documentation to perfect a lien pursuant to section 306.400;

(3) To perfect a lien for a subordinate lienholder when a transfer of
ownership occurs, the subordinate lienholder shall either mail or
deliver, or cause to be mailed or delivered, a completed notice of lien
to the department of revenue, accompanied by authorization from the first
lienholder. The owner shall ensure the subordinate lienholder is recorded
on the application for title at the time the application is made to the
department of revenue. To perfect a lien for a subordinate lienholder
when there is no transfer of ownership, the owner or lienholder in
possession of the certificate shall either mail or deliver, or cause to
be mailed or delivered, the owner's application for title, certificate,
notice of lien, authorization from the first lienholder and title fee to
the department of revenue. The delivery of the certificate and executing
a notice of authorization to add a subordinate lien does not affect the
rights of the first lienholder under the security agreement;

(4) Upon receipt of the documents and fee required in subdivision (3) of
this section, the director of revenue shall issue a new certificate of
title containing the name and address of the new lienholder, and mail the
certificate of title to the owner named in it or if a lienholder has
elected to have the director of revenue retain possession of an
electronic certificate of title, the lienholder shall either mail or
deliver to the director a notice of authorization for the director to add
a subordinate lienholder to the existing certificate as prescribed in
section 306.405. Upon receipt of such authorization and a notice of lien
from a subordinate lienholder, the director shall add the subordinate
lienholder to the certificate of title being electronically retained by
the director and provide confirmation of the addition to both
lienholders. (L. 1985 H.B. 280, et al. § 301.710, A.L. 1999 S.B. 19, A.L.
2000 S.B. 896, A.L. 2002 H.B. 2008 merged with S.B. 895, A.L. 2003 H.B.
221 merged with S.B. 346)

1. A lienholder may assign, absolutely or otherwise, his or her
lien or encumbrance on the outboard motor, motorboat, vessel, or
watercraft to a person other than the owner without affecting the
interest of the owner or the validity or effect of the lien or
encumbrance, but any person without notice of the assignment is protected
in dealing with the lienholder as the holder of the lien or encumbrance
and the lienholder shall remain liable for any obligations as lienholder
until the assignee is named as lienholder on the certificate of title.

2. An assignee pursuant to subsection 1 of this section may, but need not
to perfect the assignment, have the certificate of title issued with the
assignee named as lienholder, upon delivering to the director of revenue
the certificate of title, an assignment by the lienholder named in the
certificate of title, and the required fee in the form the director of
revenue prescribes.

3. If the certificate of title is being electronically retained by the
director of revenue, the original lienholder may mail or deliver a notice
of assignment of lien to the director in a form prescribed by the
director. Upon receipt of notice of assignment, the director shall update
the electronic certificate of title to reflect the assignment of lien and
lienholder. (L. 1985 H.B. 280, et al. § 301.715, A.L. 1999 S.B. 19)

1. Upon the satisfaction of a lien or encumbrance on an outboard
motor, motorboat, vessel, or watercraft, the lienholder shall within ten
days execute a release of his or her lien or encumbrance, on the
certificate or separate document, and mail or deliver the certificate or
separate document to the owner or any person who delivers to the
lienholder an authorization from the owner to receive the documentation.
The release on the certificate or separate document shall be notarized.
Each perfected subordinate lienholder, if any, shall release such lien or
encumbrance as provided in this section for the first lienholder. The
owner may cause the certificate of title, the release, and the required
fee to be mailed or delivered to the director of revenue, who shall
release the lienholder's rights on the certificate and issue a new
certificate of title.

2. If the electronic certificate of title is in the possession of the
director of revenue, the lienholder shall notify the director within ten
business days of any release of lien and provide the director with the
most current address of the owner. The director shall note such release
on the electronic certificate and if no other lien exists, the director
shall mail or deliver the certificate free of any lien to the owner.

3. Any person who knowingly and intentionally sends in a separate
document releasing a lien of another without authority to do so shall be
guilty of a class C felony. (L. 1985 H.B. 280, et al. § 301.720, A.L.
1999 S.B. 19, A.L. 2000 S.B. 896, A.L. 2002 H.B. 2008 merged with S.B.
895)

Effective 8-28-02 (H.B. 2008)

7-01-03 (S.B. 895)

1. Sections 306.400 to 306.430 shall not apply to or affect:

(1) A lien given by statute or rule of law to a supplier of services or
materials for the outboard motor, motorboat, vessel, or watercraft;

(2) A lien given by statute to the United States, this state or any
political subdivision of this state;

(3) A lien or encumbrance on an outboard motor, motorboat, vessel, or
watercraft created by a manufacturer or dealer who holds the outboard
motor, motorboat, vessel, or watercraft for sale.

2. The method provided in sections 306.400 to 306.430 of perfecting and
giving notice of liens or encumbrances subject to sections 306.400 to
306.430 is exclusive. (L. 1985 H.B. 280, et al. § 301.725)

Effective 4-1-86

All transactions involving liens or encumbrances on outboard
motors, motorboats, vessels, or watercraft entered into before July 1,
2003, and the rights, duties, and interests flowing from such
transactions shall remain valid after July 1, 2003, and may be
terminated, completed, consummated, or enforced as required or permitted
by any statute or other law amended or repealed by sections 306.400 to
306.430 as though such repeal or amendment had not occurred. (L. 1985
H.B. 280, et al. § 301.730, A.L. 2002 H.B. 2008 merged with S.B. 895)

Effective 8-28-02 (H.B. 2008)

7-01-03 (S.B. 895)

1. When the holder of any indebtedness secured by a security
agreement or other contract for security covering an outboard motor,
motorboat, vessel, or watercraft repossesses the outboard motor,
motorboat, vessel, or watercraft either by legal process or in accordance
with the terms of a contract authorizing the repossession of the outboard
motor, motorboat, vessel, or watercraft without legal process, the holder
may obtain a certificate of title from the director of revenue upon
presentation of:

(1) An application, which shall be upon a blank form furnished by the
director of revenue and shall contain the full description of the
outboard motor, motorboat, vessel, or watercraft and the manufacturer's
or other identifying number;

(2) An affidavit of the holder that the debtor defaulted in payment of
the debt, and that the holder repossessed the outboard motor, motorboat,
vessel, or watercraft either by legal process or in accordance with the
terms of the contract, and the specific address where the outboard motor,
motorboat, vessel, or watercraft is held; and

(3) The original, or a conformed or photostatic copy of the original, of
the security agreement or other contract for security and the instrument
evidencing the indebtedness secured by the security agreement or other
contract for security. The director may, by regulation, prescribe for the
inclusion in either or both the application or affidavit required by this
subsection any other information that he, from time to time, deems
necessary or advisable, and may prescribe that the affidavit required by
this subsection be part of the application.

2. Upon the holder's presentation of the papers required by subsection 1
of this section and the payment of a fee of ten dollars, the director of
revenue, if he is satisfied with the genuineness of the papers, shall
issue and deliver to the holder a certificate of title which shall be in
its usual form except it shall be clearly captioned "Repossessed Title";
except that, unless the application is accompanied by the written
consent, acknowledged before an officer authorized to take
acknowledgments, of the owners and other lienholders, if any, of the
outboard motor, motorboat, vessel, or watercraft as shown by the last
prior certificate of title or ownership, if any, issued on the outboard
motor, motorboat, vessel, or watercraft, for the issuance of a
repossessed title to the applicant, no such repossessed title may be
issued by the director of revenue unless the director shall first give
ten days' written notice by first class United States mail postage
prepared to each of the owners and other lienholders, if any, of the
outboard motor, motorboat, vessel, or watercraft at each of their last
mailing addresses as shown by the last prior certificate of title or
ownership, if any, issued on the outboard motor, motorboat, vessel, or
watercraft, that an application for a repossessed title has been made and
the date the repossessed title will be issued, which notice shall be
accompanied by a copy, photostatic or otherwise, of the application and
affidavit. The application for repossessed title may be withdrawn by the
applicant at any time before the granting thereof. Each repossessed title
so issued shall, for all purposes, be treated as an original certificate
of title and shall supersede the outstanding certificate of title or
ownership, if any, and duplicates thereof, if any, on the outboard motor,
motorboat, vessel, or watercraft, all of which shall become null and void.

3. In any case where there is no certificate of title or ownership, or
duplicate thereof, outstanding in the name of the debtor on the
repossessed outboard motor, motorboat, vessel, or watercraft, the
director of revenue shall issue a repossessed title to the holder upon
the payment of all unpaid fees, taxes, charges and penalties from the
debtor as provided in sections 306.015, 306.030, 306.530 and 306.535, in
addition to the fee specified in subsection 2 of this section. (L. 1985
H.B. 280, et al. § 301.735)

Effective 4-1-86

Failure by the owner to indicate the lienholder of a lien or
encumbrance attached to the outboard motor, motorboat, vessel, or
watercraft at time of making application for title is a class A
misdemeanor. (L. 1985 H.B. 280, et al. § 301.740, A.L. 2002 H.B. 2008)

When the director of revenue issues a certificate of title for
an outboard motor or vessel in the names of two or more persons, it shall
be presumed that ownership of the outboard motor or vessel is held by the
persons shown on the title as joint tenants with right of survivorship or
as tenants by the entirety if the owners are husband and wife, unless at
the time the application for a certificate of title is filed with the
director of revenue, the application states that ownership of the
outboard motor or vessel is held as tenants in common. (L. 1987 H.B. 605
§ 6)

A certificate of title for an outboard motor or vessel issued in
the name of only one person, on application of that person and payment of
the fee required for an original certificate of title, may be surrendered
to and a new certificate issued by the director of revenue in the name of
that person and one or more other persons; and the current valid
certificate of number shall be so transferred into the names of the
owners shown on the new certificate. (L. 1987 H.B. 605 § 7)

1. A certificate of title for an outboard motor or vessel issued
in the names of two or more persons that does not show on the face of the
certificate that the persons hold their interest in the outboard motor or
vessel as tenants in common, on death of one of the named persons, may be
transferred to the surviving owner or owners. On proof of death of one of
the persons in whose names the certificate was issued, surrender of the
outstanding certificate of title, and on application and payment of the
fee for an original certificate of title, the director of revenue shall
issue a new certificate for the outboard motor or vessel to the surviving
owner or owners; and the current valid certificate of number shall be so
transferred. The directive to the director of revenue also shall permit
the beneficiary or beneficiaries to make one reassignment of the original
certificate of ownership upon the death of the owner to another owner
without transferring the certificate to the beneficiary or beneficiaries
name.

2. A certificate of title for an outboard motor or vessel, issued in the
names of two or more persons that shows on its face that the persons hold
their interest in the outboard motor or vessel as tenants in common, on
death of one of the named persons, may be transferred by the director of
revenue on application by the surviving owners and the personal
representative or successors of the deceased owner. Upon being presented
proof of death of one of the persons in whose names the certificate of
title was issued; surrender of the outstanding certificate of title, and
on application and payment of the fee for an original certificate of
title, the director of revenue shall issue a new certificate of title for
the outboard motor or vessel to the surviving owners and personal
representative or successors of the deceased owner; and the current valid
certificate of number shall be transferred. (L. 1987 H.B. 605 § 8, A.L.
2004 H.B. 1511)

1. A sole owner of an outboard motor or vessel, and multiple
owners of an outboard motor or vessel who hold their interest as joint
tenants with right of survivorship or as tenants by the entirety, on
application and payment of the fee required for an original certificate
of title, may request the director of revenue to issue a certificate of
title for the outboard motor or vessel in beneficiary form which includes
a directive to the director of revenue to transfer the certificate of
title on death of the sole owner or on death of all multiple owners to
one beneficiary or to two or more beneficiaries as joint tenants with
right of survivorship or as tenants by the entirety named on the face of
the certificate.

2. A certificate of title in beneficiary form may not be issued to
persons who hold their interest in an outboard motor or vessel as tenants
in common.

3. A certificate of title issued in beneficiary form shall include after
the name of the owner, or after the names of multiple owners, the words
"transfer on death to" or the abbreviation "TOD" followed by the name of
the beneficiary or beneficiaries.

4. (1) During the lifetime of a sole owner or prior to the death of the
last surviving multiple owner, the signature or consent of the
beneficiary or beneficiaries shall not be required for any transaction
relating to the outboard motor or vessel for which a certificate of title
in beneficiary form has been issued.

(2) A certificate of title in beneficiary form may be revoked or the
beneficiary or beneficiaries changed at any time before the death of the
sole owner or the last surviving multiple owner only by the following
methods:

(a) By a sale of the outboard motor or vessel with proper assignment and
delivery of the certificate of title to another person; or

(b) By surrender of the outstanding certificate of title and filing an
application to reissue the certificate of title with no designation of a
beneficiary or with the designation of a different beneficiary or
beneficiaries with the director of revenue in proper form and accompanied
by the payment of the fee for an original certificate of title.

(3) The beneficiary's or beneficiaries' interest in the outboard motor or
vessel at death of the owner or surviving owner shall be subject to any
contract of sale, assignment of ownership or security interest to which
the owner or owners of the outboard motor or vessel were subject during
their lifetime.

(4) The designation of a beneficiary or beneficiaries in a certificate of
title issued in beneficiary form may not be changed or revoked by a will,
any other instrument, or a change in circumstances, or otherwise be
changed or revoked except as provided by subdivision (2) of this
subsection.

5. (1) On proof of death of one of the owners of two or more multiple
owners, or of a sole owner, surrender of the outstanding certificate of
title, and on application and payment of the fee for an original
certificate of title, the director of revenue shall issue a new
certificate of title for the outboard motor or vessel to the surviving
owner or owners or, if none, to the surviving beneficiary or
beneficiaries, subject to any outstanding security interest; and the
current valid certificate of number shall be so transferred. If the
surviving beneficiary or beneficiaries make a request of the director of
revenue, the director may allow the beneficiary or beneficiaries to make
one assignment of title.

(2) The director of revenue may rely on a death certificate or record or
report that constitutes prima facie proof or evidence of death under
subdivisions (1) and (2) of section 472.290, RSMo.

(3) The transfer of an outboard motor or vessel at death pursuant to this
section is effective by reason of sections 301.675 to 301.682, RSMo, and
sections 306.455 to 306.465, and is not to be considered testamentary, or
to be subject to the requirements of section 473.087, RSMo, or section
474.320, RSMo. (L. 1987 H.B. 605 § 9, A.L. 1993 H.B. 509, A.L. 2004 H.B.
1511 merged with S.B. 1233, et al.)

If an owner dies and no surviving owner or surviving beneficiary
exists, on proof of death of all persons shown on the certificate of
title, surrender of the outstanding certificate of title, and on
application and payment of the fee for an original certificate of title,
the director of revenue may rely on, transfer and issue a new certificate
of title in accordance with one of the following:

(1) A certified copy of a court order approving the transfer, refusing to
issue letters of administration, terminating administration or
authorizing distribution of the deceased owner's estate;

(2) A small estate affidavit with the certificate of the clerk of the
probate division of the circuit court, as provided in section 473.097,
RSMo; or

(3) A notarized application for transfer from a personal representative
of the deceased owner accompanied by a copy of the personal
representative's letters of administration or letters testamentary
together with a court order approving the transfer or a statement that
the personal representative has authority under section 473.457, RSMo, or
subdivision (16) of section 473.810, RSMo, to make the transfer without
court order. (L. 1987 H.B. 605 § 10)

The director of revenue may promulgate rules to implement
sections 301.675 to 301.682, RSMo, and sections 306.455 to 306.465. No
rule or portion of a rule promulgated under the authority of sections
301.675 to 301.682, RSMo, and sections 306.455 to 306.465 shall become
effective unless it has been promulgated pursuant to the provisions of
section 536.024, RSMo. (L. 1987 H.B. 605 § 11, A.L. 1993 S.B. 52, A.L.
1995 S.B. 3)

1. The owner of an outboard motor kept within this state shall
cause it to be registered in the office of the director of revenue who
shall issue a certificate of title for the same.

2. The owner of any outboard motor acquired or brought into the state
shall file his application for registration and pay the fee within sixty
days after it is acquired or brought into this state. The director of
revenue may grant extensions of time for registration to any person in
deserving cases.

3. Any make of outboard motor older than 1960 which is owned solely as a
collector's item and which is used and intended to be used for exhibition
and educational purposes only and will not be used on the waterways of
this state will be exempt from titling and registration pursuant to this
chapter. (L. 1945 p. 1191 §§ 1, 3, A. 1949 S.B. 1110, A.L. 1985 H.B. 280,
et al., A.L. 2004 S.B. 1233, et al.)

*Transferred 1985; formerly 301.450

1. Applications shall be made on forms prescribed and furnished
to the applicant, upon demand, by the director of revenue.

2. The application shall contain a brief description of the outboard
motor to be registered, the name of manufacturer, the factory number or
serial number, the type and color of the outboard motor, the amount of
motive power stated in figures of horsepower, and the name and address,
including county, of the owner; and a declaration and affidavit of
ownership, showing the date and from whom purchased.

3. The fee for registering and issuing a license shall be two dollars,
and the fee for a certificate of title shall be five dollars, both of
which fees shall be paid to the director of revenue at the time of making
the application.

4. If application for the certificate of title is not made within sixty
days after the outboard motor is acquired or brought into the state by
the applicant, a delinquency penalty fee of ten dollars for each thirty
days of delinquency, not to exceed a total of thirty dollars, shall be
imposed. If the director of revenue learns that any person has failed to
make application for a certificate of title within sixty days after
acquiring or bringing into the state an outboard motor or has sold an
outboard motor without obtaining a certificate of title, he shall cancel
the registration of all outboard motors registered in the name of the
person, either as sole owner or as a co-owner, and shall notify the
person that the cancellation shall remain in force until the person pays
the delinquency penalty fee provided in this subsection together with all
fees, charges and payments which he should have paid in connection with
the certificate of title and registration of the outboard motor. (L. 1945
p. 1191 §§ 2, 3, A. 1949 S.B. 1110, A.L. 1985 H.B. 280, et al.)

Effective 4-1-86

*Transferred 1985; formerly 301.460

Upon receipt of an application for registration of an outboard
motor the director of revenue shall file the application in his office
and register the described outboard motor, with the name, residence and
business address of the owner, together with the essential facts stated
in the application, in a book or books to be kept by him for the purpose,
under the registration number to be assigned by him to the described
outboard motor, which book, or books shall be open to public inspection
during reasonable business hours. (L. 1945 p. 1191 § 4)

*Transferred 1985; formerly 301.470

1. Upon the payment of the registration fee and the approval of
the application, the director of revenue shall assign a registration
number to the described outboard motor by which it may be identified
during the current registration period; and shall issue and deliver to
the applicant a certificate of registration containing the manufacturer's
identification number or serial number, name and address of the owner,
and other particulars shown in the application, together with one decal
which shall contain the outboard motor registration number. The decal
shall be in a form as the director shall prescribe.

2. The owner shall secure the registration decal to the outside of the
outboard motor in a conspicuous place. Unless otherwise provided by law,
no person shall operate, use or keep any outboard motor in this state
unless a registration decal is affixed. (L. 1945 p. 1191 § 5, A. 1949
S.B. 1110, A.L. 1995 H.B. 217)

*Transferred 1985; formerly 301.480

1. When the certificate forms are printed, the director of
revenue shall cause to be printed on the reverse side, a form for
transfer of title to be used by the owner if the owner sells the
registered outboard motor; to be completed and signed by the owner and
delivered to the purchaser or transferee, as evidence of title.

2. When an outboard motor is transferred, the seller shall remove the
registration number decal from the outboard motor. The purchaser shall
within thirty days thereafter file an application for registration of the
outboard motor in the purchaser's name, accompanied by the transfer of
title duly executed, and accompanied by the registration fee which shall
be the same as though no former registration had been made.

3. The department of revenue may issue a one-time temporary registration
number authorizing the operation of an outboard motor by a purchaser for
not more than thirty days. A temporary registration issued under this
section is not renewable. The department of revenue shall provide the
temporary registration numbers. A person may purchase a temporary
registration number from the department of revenue with proof of purchase
of an outboard motor, or from the dealer, when the outboard motor is
purchased. The department shall provide temporary registration numbers to
registered dealers in this state in sets of ten registration numbers. The
fee for the temporary registration number shall be two dollars for each
registration number issued. A dealer may not charge more than two dollars
for each registration number issued by the dealer. A registration number
is valid for the legal operation of an outboard motor only by the
purchaser of the outboard motor from the date the certificate is issued
for either thirty days or until proper registration has been obtained,
whichever first occurs. A registration number may not be transferred or
displayed on any outboard motor other than the outboard motor for which
it was issued. The department of revenue shall determine the size and
numbering configuration, construction, and color of the temporary
registration number.

4. The department of revenue or the dealer or the dealer's authorized
agent shall insert the date of issuance and expiration, year, make and
manufacturer's identification number of the outboard motor on the
temporary registration number when issued to the buyer. The dealer shall
also insert the dealer's number on the temporary registration number.
Every dealer that issues a temporary registration number shall keep, for
inspection by authorized officers, an accurate record of each temporary
registration number issued by the dealer by recording the registration
number, buyer's name and address, year, make and manufacturer's
identification number of the outboard motor on which the registration
number is to be used, and the date of issuance. (L. 1945 p. 1191 § 6,
A.L. 1995 H.B. 217, A.L. 1997 H.B. 379)

Effective 6-24-97

*Transferred 1985; formerly 301.490

For the purposes of reasonable and proper administration and
enforcement of the provisions of sections 306.530 to 306.575 all outboard
motors within this state shall be subject to inspection by peace
officers. (L. 1945 p. 1191 § 7)

*Transferred 1985; formerly 301.500

The provisions of sections 306.530 to 306.575 requiring
registration of outboard motors in the office of the director of revenue
of this state shall not apply to manufacturers or dealers in new
unregistered outboard motors; nor shall it apply to nonresident persons
who may be visiting or vacationing in this state for not more than sixty
consecutive days at one time, or to outboard motors used on motorboats
designed and intended solely for racing while competing in any race
previously approved by the Missouri state water patrol in accordance with
section 306.130, including operation within a twenty-four-hour period
prior to such approved race in order to test or tune up the outboard
motor. (L. 1945 p. 1191 § 8, A.L. 1993 H.B. 218)

*Transferred 1985; formerly 301.510

All registration fees and other fees and money received by the
director of revenue, pursuant to this law for registration of outboard
motors, shall be paid into the state treasury to the credit of the
general revenue fund. (L. 1945 p. 1191 § 9, A. 1949 S.B. 1110)

*Transferred 1985; formerly 301.520

The director of revenue is authorized, at his discretion, to
destroy by burning with fire, any letters, correspondence, papers and
documents, remaining in the files, pertaining to the registration of
outboard motors, after four years from their date. (L. 1945 p. 1191 § 11)

*Transferred 1985; formerly 301.530

Any person, firm, partner, organization, association or
corporation, or any agent or officer thereof, required by sections
306.530 to 306.575 to register an outboard motor and to pay the
registration fee, who fails to do so in the time and manner prescribed,
and any person who shall remove or obliterate the factory number or the
serial number from any registered outboard motor or cause the same to be
done without the written consent of the director of revenue, shall upon
conviction be deemed guilty of a misdemeanor, and be punished as provided
by law. (L. 1945 p. 1191 § 10)

*Transferred 1985; formerly 301.540

1. As used in this section, the following terms mean:

(1) "Direct molding process", any direct molding process in which the
original manufactured vessel hull or component part of a vessel is itself
used as a plug for the making of the mold, which is then used to
manufacture a duplicate item;

(2) "Mold", a matrix or form in which a substance or material is shaped;

(3) "Person", any individual, partnership, corporation, firm or
association;

(4) "Plug", a device or model used to make a mold for the purpose of
exact duplication.

2. (1) No person shall use the direct molding process to duplicate for
the purpose of sale any manufactured vessel hull or component part of a
vessel made by another person without the written permission of that
other person.

(2) No person shall knowingly sell a vessel hull or component part of a
vessel duplicated in violation of subdivision (1) of this subsection.

3. (1) Any person injured in his business by virtue of any violation of
subsection 2 may sue and shall recover threefold the damages incurred by
virtue of such violation and the costs of suit and reasonable attorney's
fees.

(2) Any person injured in his business by virtue of any violation of
subsection 2 may sue for injunctive relief and injunctive relief may be
granted regardless of the failure of the plaintiff to show irreparable
injury. (L. 1985 H.B. 280, et al. § 3)

Effective 4-1-86

1. Any person who abandons a boat dock and permits it to float
freely without being moored upon lakes having at least nine hundred fifty
miles of aggregate shoreline is guilty of an infraction, the penalty for
which shall be a fine of not less than twenty-five dollars or more than
one hundred dollars.

2. Any person who abandons a boat dock shall be responsible for the
retrieval and disposal of such boat dock. Any person who violates
subsection 1 of this section and who does not properly retrieve and
dispose of such abandoned boat dock shall, upon a plea of guilty or a
finding of guilt for such an offense, be ordered to reimburse the
appropriate law enforcement agency, including the state water patrol, for
the costs associated with the retrieval and disposal of the abandoned
boat dock. The law enforcement agency may establish a schedule of such
costs. However, the court may reduce the costs if it determines that the
costs are excessive.

3. The state water patrol may accept gifts, grants, in-kind services and
appropriations, and may enter into contracts with private or public
entities for the enforcement and administration of this section.

4. Beginning January 1, 1996, any person owning a boat dock on lakes
having at least nine hundred fifty miles of shoreline shall display
identifying information on the dock, including but not limited to, a
permit number issued to the owner by an entity having authority to issue
such identification or permit number. Any person owning a boat dock on
lakes having at least nine hundred fifty miles of aggregate shoreline who
violates this subsection may be guilty of an infraction, the penalty for
which shall not exceed twenty-five dollars. (L. 1995 H.B. 217, A.L. 1997
H.B. 379)

Effective 6-24-97

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