USA Minnesota

USA Statutes : minnesota
Title : RECREATION
Chapter : Water safety, watercraft, and watercraft titling
86B.001 Water use policy. It is the policy of this state, which is blessed
with an abundance of water, to promote its full use and enjoyment by
all of the people, now and in the future, to promote safety for
persons and property in connection with the use of the waters of the
state, to promote uniformity of laws relating to the use, and to
conform with use requirements of the United States.
86B.005 Definitions. Subdivision 1. Applicability. The definitions in
this section apply to this chapter. Subd. 2. City.
"City" means a home rule charter or statutory city. Subd. 3.Commissioner. "Commissioner" means the commissioner of
natural resources. Subd. 4. Dealer. "Dealer" means a
person: (1) engaged in the business of manufacturing or selling
new or used watercraft; (2) having an established place of
business for the sale, trade, and display of the watercraft; and
(3) having in possession watercraft for the purpose of sale or trade.Subd. 5. Horsepower. "Horsepower" means the power rating
established for a motor by the manufacturer or, if a rating is not
established, the power rating established by the commissioner.
Subd. 6. Length. "Length" of a watercraft means the
straight-line distance from the foremost part of the craft to the
aftermost part of the craft, measured parallel to the centerline,
excluding sheer. Bowsprits, outboard motor brackets, rudders, and
other attachments are not included in the length measurement.
Subd. 7. License. "License" means the authentic document
used to designate the numbers assigned a watercraft and to renew the
designation. Subd. 8. License agent. "License agent"
means the commissioner of natural resources, the commissioner of
public safety, and deputy registrars of motor vehicles acting under
section 168.33.Subd. 9. Motorboat. "Motorboat" means a watercraft
propelled in any manner by machinery, including watercraft
temporarily equipped with detachable motors. Subd. 10.
Operate. "Operate" means to navigate or otherwise use a
watercraft. Subd. 11. Operator. "Operator" means the
person who operates or controls the navigation or use of a
watercraft. Subd. 12. Owner. "Owner" means a person
having a property right or title to a watercraft other than a
security interest. Owner includes a person entitled to the use or
possession of a watercraft, subject to an interest in another person,
reserved or created by agreement that secures payment or performance
of an obligation, but owner does not include a lessee under a lease
not intended as security. Subd. 13. Paddle boat.
"Paddle boat" means a nonmotorized watercraft 19 feet in length or
less that is propelled solely by a paddle wheel peddled by an
operator or passenger. Subd. 14. Person. "Person" means
an individual, partnership, corporation, the state and its agencies
and subdivisions, and any other legal entity. Subd. 14a.
Personal watercraft. "Personal watercraft" means a motorboat
that: (1) is powered by an inboard motor powering a water jet
pump or by an outboard or propeller-driven motor; and (2) is
designed to be operated by a person or persons sitting, standing, or
kneeling on the craft, rather than in the conventional manner of
sitting or standing inside a motorboat. Subd. 15. Rent.
"Rent" watercraft means to make a watercraft available for the use of
others in connection with a business. Subd. 16.
Sailboard. "Sailboard" means a single passenger, nonmotorized
watercraft using a surfboard type hull and a free sail system which,
without capsizing, allows the sail to lie flat in the water when not
being supported by the operator. Subd. 16a. Slow-no
wake. "Slow-no wake" means operation of a watercraft at the
slowest possible speed necessary to maintain steerage, but in no case
greater than five miles per hour. Subd. 17. Underway or in
use. "Underway or in use" means a watercraft in operation or use
unless it is securely fastened to a dock or other permanent mooring.Subd. 18. Watercraft. "Watercraft" means any contrivance
used or designed for navigation on water, except: (1) a duck boat
during the duck hunting season; (2) a rice boat during the
harvest season; or (3) a seaplane. Subd. 19. Waters of
this state. "Waters of this state" means waters capable of
substantial beneficial public use and waters to which the public has
access that are within the territorial limits of this state,
including boundary waters.
86B.101 Watercraft safety program. Subdivision 1. Safety program. The
commissioner shall continue and expand the comprehensive boat safety
and education program. The commissioner shall cooperate with
boaters, governmental subdivisions, state agencies, other states, and
the federal government in the operation of the program. Subd. 2.Youth watercraft safety course. (a) The commissioner shall
establish an educational course and a testing program for personal
watercraft and watercraft operators and for persons age 12 or older
but younger than age 18 required to take the watercraft safety
course. The commissioner shall prescribe a written test as part of
the course. A personal watercraft educational course and testing
program that emphasizes safe and legal operation must be required for
persons age 13 or older but younger than age 18 operating personal
watercraft. (b) The commissioner shall issue a watercraft
operator's permit to a person age 12 or older but younger than age 18
who successfully completes the educational program and the written
test. Subd. 3. Operator's permit. The commissioner
shall issue a watercraft operator's permit to a person who
successfully qualifies for a watercraft operator's permit under the
boat safety education program. Subd. 4. Boat safety
education program; reciprocity with other states. The
commissioner may enter into reciprocity agreements or otherwise
certify boat safety education programs from other states that are
substantially similar to in-state programs. The commissioner shall
issue a watercraft operator's permit to a person who provides proof
of completion of a program subject to a reciprocity agreement or
certified as substantially similar.
86B.105 Sheriff's safety program. (a) The sheriff of each county shall maintain a
program of search, rescue, buoying or marking, patrol, removal of
hazards to navigation, and inspection of watercraft for rent, lease,
or hire. The sheriff shall prohibit the use of any watercraft or
safety equipment for rent, lease, or hire that does not comply with
the standards of safety for the watercraft or equipment prescribed by
the commissioner. The sheriff shall investigate watercraft accidents
and drownings and report findings to the commissioner on a form
prescribed by the commissioner. (b) The county board may
authorize the employment of additional personnel to carry out the
provisions of this section.
86B.106 Barring vehicles from unsafe ice. (a) Whenever ice conditions on a body of
water deteriorate to such an extent that there is substantial danger
to persons using motorized vehicles, including snowmobiles and
all-terrain vehicles, the sheriff of the county where the body of
water is located may prohibit or restrict the use of motorized
vehicles on all or a portion of the body of water. If the body of
water is located in more than one county, all counties involved must
coordinate any prohibitions or restrictions that are imposed. A
county sheriff acting under this section shall, as soon as
practicable, post all common access sites and publicize the
prohibitions or restrictions. The commissioner must be notified
immediately and may review and suspend any restrictions imposed.
Restrictions may be lifted as soon as conditions warrant. (b) A
person may not operate a motorized vehicle in violation of a
prohibition or restriction imposed under this section. (c) This
section does not apply to a person who: (1) is a member of a
sanctioned circuit watercross association and can provide proof of
membership; (2) operates a snowmobile with a silenced exhaust and
is practicing for a sanctioned event; and (3) receives written
permission from a conservation officer who must set the date, time,
and location of the practice.
86B.107 Removal of submerged vehicles from waters of the state.
Subdivision 1. Definitions. (a) For purposes of this
section, "vehicle" means a motor vehicle as defined in section 97A.015,
subdivision 32, or a watercraft as defined in section 86B.005,
subdivision 18. (b) For purposes of this section, "owner" means
the registered owner, last registered owner, or legal owner of a
vehicle if the vehicle is not registered. Subd. 2.
Responsibility for removal. (a) The owner of a submerged vehicle
is responsible for removing the vehicle from waters of the state,
unless the vehicle is permitted or otherwise exempt from removal.
Removal must be completed within 30 days of the vehicle entering the
water or being discovered in the water, unless the owner is notified
in writing by the political subdivision having jurisdiction that the
removal must be completed sooner. Upon request of the political
subdivision the commissioner may extend the 30-day time period for
removal. (b) The owner of the vehicle shall report that the
vehicle is submerged in a body of water. The owner shall report the
date and the circumstances surrounding the submergence to the sheriff
of the county where the body of water is located within 48 hours of
the vehicle entering the water. (c) If the vehicle is not
removed according to paragraph (a), the political subdivision in
whose jurisdiction the lake or watercourse is located shall remove
the vehicle. The owner of the vehicle is subject to a civil penalty
of not less than twice nor more than five times the costs incurred by
the political subdivision to remove, process, and dispose of the
vehicle. Civil penalties imposed under this section may be enforced
and distributed as provided in section 115A.99.(d) The owner of a submerged vehicle is not responsible for
removal of the vehicle if the vehicle was used without the owner's
knowledge. This includes, but is not limited to, the operation of a
vehicle that was under the control of a member of the owner's
household. If the driver or operator of the vehicle is known, the
driver or operator is responsible for removing the vehicle according
to this section.
86B.111 Navigation markers and buoys. Subdivision 1. Permit for placement
of navigation hazards. The commissioner may require that a permit
is obtained for the placement of a structure or device determined by
the commissioner to constitute a hazard to navigation. Subd. 2.Removal and damage to buoys prohibited. Except as authorized
by the commissioner, a person may not obstruct, remove, damage, or
destroy a buoy or structure placed in the waters of this state in
accordance with this chapter or by authority of the United States.Subd. 3. Uniform marking required for buoys. A person
may not place buoys or other waterway markers unless the markers
conform with the uniform marking system established by the
commissioner. Subd. 4. Government does not have duty to
mark all hazards. The marking of certain hazards to navigation
on, in, or adjacent to the waters of this state by a governmental
agency does not incur a duty to mark all navigational hazards by the
agency or another agency.
86B.115 Use of docks and structures for advertising. A person may not use a fixed or
anchored structure on the waters of this state, not a part of a pier
or dock extending from shore, for advertising purposes.
86B.121 Races, competitions, and exhibitions. (a) A person may not hold or
sponsor any scheduled or public race, regatta, tournament or other
competition or exhibition, or trial race on water or ice, whether or
not involving watercraft, without first having obtained a written
permit from the sheriff of the county where the event is to
originate. (b) The sheriff, in the permit, may exempt watercraft
from any of the provisions of this chapter relating to the licensing,
operation, and equipment of watercraft while participating in the
event authorized. (c) The county's issuance of a permit under
this section does not make the county liable for any injury occurring
at the event.
86B.125 Leased watercraft. Subdivision 1. Safety standards. The
commissioner shall prescribe safety standards for watercraft offered
for lease, rent, or hire. Subd. 2. Suspension or revocation
of license. (a) The commissioner may suspend or revoke the
license of a watercraft offered for rent, lease, or hire: (1)
that does not comply with the safety standards for the watercraft;
and (2) for which the watercraft owner fails to keep a record of
the name and address of the person renting, leasing, or hiring the
watercraft, the license number of the watercraft, the date and time
the person takes possession, and the expected time of return of the
watercraft. (b) The record of renting, leasing, or hiring must
be preserved for at least six months.
86B.201 State law and local ordinance authority. Subdivision 1. Application
of state law. The provisions of this chapter and of other
applicable laws of this state shall govern the operation, equipment,
numbering, and all other related matters for a watercraft operated on
the waters of this state, or the time when an activity regulated by
this chapter may take place. Subd. 2. Local authority to
adopt ordinance. (a) This chapter does not limit the authority of
a political subdivision of this state to adopt regulations that are
not inconsistent with this chapter and the rules of the commissioner
relating to the use of waters of this state that are wholly or partly
within the territorial boundaries of a county or entirely within the
boundaries of a city. (b) A city of the first class of over
200,000 or the park board of the city may forbid the use of
motorboats or boats with attached motors on its lakes. Subd. 3.Nonmotorized carry-on access. A person may access any public
waters through public land with a hand-carried nonmotorized
watercraft.
86B.205 Water surface use ordinance. Subdivision 1. Assistance. The
commissioner shall develop and publish guidelines to assist counties
adopting water surface use ordinances for waters within their
jurisdiction. Subd. 2. Surface use ordinances. (a) A
county board may, by ordinance, regulate the surface use of bodies of
water located entirely or partially within the county and not located
entirely within the boundary of a single city or lake conservation
district established by law. (b) If a body of water is located
within more than one county, a surface use ordinance is not effective
until adopted by the county boards of all the counties where the body
of water lies under section 471.59
or placed into effect by order of the commissioner under subdivision
9. (c) With the authorization of an affected city or lake
conservation district, a county board may assume and exercise the
powers in subdivisions 2 to 5 with respect to bodies of water lying
entirely within that city or lake conservation district. The
regulation by the county of the surface use of a portion of a body of
water located within the boundary of a city must be consistent with
any city regulation existing on May 25, 1973, of the surface use of
that portion of the body of water. After January 1, 1975, the
ordinance must be consistent with the provisions of this chapter and
rules of the commissioner under this chapter. Subd. 3.
Prior ordinances invalid without approval. A surface use zoning
ordinance adopted under subdivisions 2 to 5 by a local governmental
unit after May 25, 1973, is invalid unless it is approved by the
commissioner. Subd. 4. Approval of ordinances. A
proposed surface use zoning ordinance must be submitted to the
commissioner for review and approval before adoption. The
commissioner must approve or disapprove the proposed ordinance within
120 days after receiving it. If the commissioner disapproves the
proposed ordinance, the commissioner must return it to the local
governmental unit with a written statement of the reasons for
disapproval. Subd. 5. County regulatory authority. A
county board may: (1) regulate and police public beaches, public
docks, and other public facilities for access to a body of water,
except: (i) regulations are subject to subdivision 6; (ii) a
county board may not regulate state accesses; and (iii) a
municipality may by ordinance preempt the county from exercising
power under this subdivision within its jurisdiction; (2)
regulate the construction, configuration, size, location, and
maintenance of commercial marinas and their related facilities
including parking areas and sanitary facilities in a manner
consistent with other state law and the rules of the commissioner of
natural resources, the Pollution Control Agency, and the commissioner
of health, and with the applicable municipal building codes and
zoning ordinances where the marinas are located; (3) regulate the
construction, installation, and maintenance of permanent and
temporary docks and moorings in a manner consistent with state and
federal law, permits required under chapter 103G, and sections 86B.111
and 86B.115;(4) except as provided in subdivision 6, regulate the type and
size of watercraft allowed to use the body of water and set access
fees; (5) subject to subdivision 6, limit the types and
horsepower of motors used on the body of water; (6) limit the use
of the body of water at various times and the use of various parts of
the body of water; (7) regulate the speed of watercraft on the
body of water and the conduct of other activities on the body of
water to secure the safety of the public and the most general public
use; and (8) contract with other law enforcement agencies to
police the body of water and its shore. Subd. 6. Public
access restrictions. The county board must allow the same types
and sizes of watercraft and horsepower of motors to access and enter
the lake or water body as are generally allowed to be operated on the
lake or water body. Special use exceptions that are not dependent on
lakeshore or property ownership may be granted by permit. Subd.
7. County acquisition of public access. A county board may
acquire by purchase, gift, or devise land for public access to a lake
or stream and may improve the land as a park or playground if the
land is less than ten acres and is contiguous to the meander line of
a navigable lake or stream wholly or partly within the county and not
entirely within the corporate limits of a city. Subd. 8.
Advisory assistance. The county board may invite any municipal
council or town board or the soil and water conservation district
board of supervisors or watershed district board of managers to
designate a representative to advise and consult with the county
board on water use regulation and improvement. Subd. 9.
Watercraft use rules for local waters. (a) On request of a
county, city, or town, the commissioner may, after determining it to
be in the public interest, establish rules relating to the use of
watercraft on waters of this state that border upon or are within, in
whole or in part, the territorial boundaries of the governmental
unit. (b) The rules shall be established in the manner provided
by sections 14.02
to 14.62,
but may not be submitted to the attorney general nor filed with the
secretary of state until first approved by resolutions of the county
boards of a majority of the counties affected by the proposed rules.(c) The rules may restrict: (1) the type and size of
watercraft and size of motor that may use the waters affected by the
rule; (2) the areas of water that may be used by watercraft;
(3) the speed of watercraft; (4) the times permitted for use of
watercraft; or (5) the minimum distance between watercraft.
(d) When establishing rules, the commissioner shall consider the
physical characteristics of the waters affected, their historical
uses, shoreland uses and classification, and other features unique to
the waters affected by the rules. (e) The commissioner shall
inform the users of the waters of the rules affecting them at least
two weeks before the effective date of the rules by distributing
copies of the rules and by posting of the public accesses of the
waters. The failure of the commissioner to comply with this
paragraph does not affect the validity of the rules or a conviction
for violation of the rules. (f) The cost of publishing rules and
of marking and posting waters under this subdivision shall be paid by
the counties affected by the rules, as apportioned by the
commissioner. (g) Regulations or ordinances relating to the use
of waters of this state enacted by a local governmental unit before
January 1, 1972, shall continue in effect until repealed by the local
governmental unit or superseded by a rule of the commissioner adopted
under this subdivision.
86B.211 Water safety rules. The commissioner shall adopt rules that relate to:(1) the application for, form, and numbering of watercraft
licenses; (2) the size, form, reflectorized material, and display
of watercraft license numbers, which must comply with the
requirements of the federal watercraft numbering system; (3)
placement and regulation of docks, piers, buoys, mooring or marking
devices, and other structures in the waters of this state; (4)
rules of the road for watercraft navigation; (5) standards for
equipment used in the towing of persons on water skis, aquaplanes,
surfboards, saucers, and other devices; (6) standards for lights,
signals, fire extinguishers, bilge ventilation, and lifesaving
equipment; (7) standards of safe load and power capacity; (8)
accounting, procedural, and reporting requirements for county
sheriff; (9) designation of swimming or bathing areas; (10)
standards of safety for watercraft offered for rent, lease, or hire;(11) the use of surface waters of this state by watercraft as
provided and in accordance with section 86B.205,
subdivision 9, paragraphs (c) and (d), including: (i) standards
and criteria for resolving conflicts in the use of water surfaces by
watercraft; (ii) procedures for dealing with problems involving
more than one local governmental unit; (iii) procedures for local
enforcement; and (iv) procedures for enforcing the restrictions
in section 86B.205,
subdivision 9, paragraph (c); and (12) other rules determined by
the commissioner to be necessary to implement the provisions of this
chapter.
86B.301 Watercraft licenses required. Subdivision 1. Requirement.
Except as provided in subdivisions 2 and 3, a person may not operate
or give permission for the operation of a watercraft that requires a
watercraft license on the waters of this state unless: (1) a
watercraft license for the watercraft has been issued and is valid
during the period of operation; (2) the license number is affixed
to the watercraft as prescribed by the commissioner; and (3) a
valid registration sticker is affixed to the watercraft as prescribed
by the commissioner. Subd. 2. Exemptions. A watercraft
license is not required for: (1) a watercraft that is covered by
a license or number in full force and effect under federal law or a
federally approved licensing or numbering system of another state,
and has not been within this state for more than 90 consecutive days,
which does not include days that a watercraft is laid up at dock over
winter or for repairs at a Lake Superior port or another port in the
state; (2) a watercraft from a country other than the United
States that has not been within this state for more than 90
consecutive days, which does not include days that a watercraft is
laid up at dock over winter or for repairs at a Lake Superior port or
another port in the state; (3) a watercraft owned by the United
States, a state, or a political subdivision of a state, except
watercraft used for recreational purposes; (4) a ship's lifeboat;(5) a watercraft that has been issued a valid marine document by
the United States government; (6) a duck boat during duck hunting
season; (7) a rice boat during the harvest season; (8) a
seaplane; and (9) a nonmotorized watercraft nine feet in length
or less. Subd. 3. Temporary certificate. A person may
operate a watercraft and allow another person to operate a watercraft
for which a temporary license certificate has been issued during the
period the certificate is valid.
86B.305 Youth operators. Subdivision 1. Under age 12. (a) Except in case of
an emergency, a person under age 12 may not operate or be allowed to
operate a watercraft propelled by a motor with a factory rating of
more than 25 horsepower unless there is present in the watercraft, in
addition to the operator, at least one person age 21 or older who is
within immediate reach of the controls of the motor. For purposes of
section 169A.20,
the person age 21 or older, as well as the actual operator, is in
physical control of the motorboat. (b) A person under age 12 may
not operate or be allowed to operate a watercraft propelled by a
motor with a factory rating of more than 75 horsepower. Subd. 2.Age 12 to 17; permit required. Except as provided in this
subdivision, a person age 12 or older and younger than age 18 may not
operate a motorboat powered by a motor over 25 horsepower without
possessing a valid watercraft operator's permit from this state or
from the operator's state of residence unless there is a person age
21 or older in the motorboat who is within immediate reach of the
controls of the motor. For purposes of section 169A.20,
the person age 21 or older, as well as the actual operator, is in
physical control of the motorboat. Subd. 3. Owners may not
allow certain uses. An owner of a watercraft may not allow a
watercraft to be operated contrary to the provisions of subdivision
2.
86B.311 General rules for operation. Subdivision 1. Safe operation. A
person may not operate or allow the operation of a watercraft or use
a device relating to the use of the watercraft: (1) in a careless
or heedless manner in disregard of the rights or safety of others;(2) in a reckless or grossly negligent manner that causes
personal injury to another or damage to the property of another;
(3) upon the waters of this state without the equipment required by
this chapter and the rules adopted under this chapter; or (4)
that is loaded with passengers or cargo beyond the watercraft's safe
carrying capacity or is equipped with a motor or other propulsion
machinery beyond the watercraft's safe power capacity. Subd. 2.Obstruction to navigation. A person may not operate a
watercraft in a manner that obstructs or tends to obstruct normal and
ordinary navigation on the waters of this state. Subd. 3.
Unauthorized mooring prohibited. A person may not moor, attach,
or hold in any manner a watercraft to a buoy or any other marking
device or guide placed in the waters of this state pursuant to lawful
authority. This subdivision does not apply to a mooring buoy.
Subd. 4. Swimming or bathing areas. A person may not operate
a watercraft within a water area that has been marked off or set
aside as a swimming or bathing area as prescribed by the
commissioner's rules. Subd. 5. Riding on gunwales or
decking. A person may not ride or sit and a person may not
operate a motorboat while a person is riding or sitting on (i) the
starboard or port gunwales; (ii) the decking over the bow, sides, or
stern; or (iii) the transom, of a motorboat while underway unless the
motorboat is provided with adequate guards or railing to prevent
passengers from falling overboard.
86B.313 Personal watercraft regulations. Subdivision 1. General
requirements. (a) In addition to requirements of other laws
relating to watercraft, a person may not operate or permit the
operation of a personal watercraft: (1) without each person on
board the personal watercraft wearing a United States Coast Guard
approved Type I, II, III, or V personal flotation device; (2)
between one hour before sunset and 9:30 a.m.; (3) at greater than
slow-no wake speed within 150 feet of: (i) a shoreline; (ii)
a dock; (iii) a swimmer; (iv) a raft used for swimming or
diving; or (v) a moored, anchored, or nonmotorized watercraft;(4) while towing a person on water skis, a kneeboard, an
inflatable craft, or any other device unless: (i) an observer is
on board; or (ii) the personal watercraft is equipped with
factory-installed or factory-specified accessory mirrors that give
the operator a wide field of vision to the rear; (5) without the
lanyard-type engine cutoff switch being attached to the person,
clothing, or personal flotation device of the operator, if the
personal watercraft is equipped by the manufacturer with such a
device; (6) if any part of the spring-loaded throttle mechanism
has been removed, altered, or tampered with so as to interfere with
the return-to-idle system; (7) to chase or harass wildlife;
(8) through emergent or floating vegetation at other than a slow-no
wake speed; (9) in a manner that unreasonably or unnecessarily
endangers life, limb, or property, including weaving through
congested watercraft traffic, jumping the wake of another watercraft
within 150 feet of the other watercraft, or operating the watercraft
while facing backwards; (10) in any other manner that is not
reasonable and prudent; or (11) without a personal watercraft
rules decal, issued by the commissioner, attached to the personal
watercraft so as to be in full view of the operator. (b)
Paragraph (a), clause (3), does not apply to a person operating a
personal watercraft to launch or land a person on water skis, a
kneeboard, or similar device by the most direct route to open water.Subd. 2. Age of operator. Except in the case of an
emergency, a person under the age of 13 years may not operate or be
permitted to operate a personal watercraft, regardless of horsepower.
It is unlawful for the owner of a personal watercraft to permit the
personal watercraft to be operated contrary to this subdivision.
Subd. 3. Operator's permit; adult supervision. Except in the
case of an emergency, a person 13 years of age or over but less than
18 years of age may not operate a personal watercraft, regardless of
horsepower, without possessing a valid watercraft operator's permit
as required by section 86B.305,
unless there is a person 21 years of age or older on board the craft.
In addition to the permit requirement, a person 13 years of age
operating a personal watercraft must remain under visual supervision
by a person who is 21 years of age or older. An owner of a personal
watercraft may not permit the personal watercraft to be operated
contrary to this subdivision. Subd. 4. Dealers and rental
operations. (a) A dealer of personal watercraft shall distribute
a summary of the laws and rules governing the operation of personal
watercraft and, upon request, shall provide instruction to a
purchaser regarding: (1) the laws and rules governing personal
watercraft; and (2) the safe operation of personal watercraft.(b) A person who offers personal watercraft for rent: (1)
shall provide a summary of the laws and rules governing the operation
of personal watercraft and provide instruction regarding the laws and
rules and the safe operation of personal watercraft to each person
renting a personal watercraft; (2) shall provide a United States
Coast Guard approved Type I, II, III, or V personal flotation device
and any other required safety equipment to all persons who rent a
personal watercraft at no additional cost; and (3) shall require
that a watercraft operator's permit from this state or from the
operator's state of residence be shown each time a personal
watercraft is rented to any person younger than age 18 and shall
record the permit on the form provided by the commissioner. (c)
Each dealer of personal watercraft or person offering personal
watercraft for rent shall have the person who purchases or rents a
personal watercraft sign a form provided by the commissioner
acknowledging that the purchaser or renter has been provided a copy
of the laws and rules regarding personal watercraft operation and has
read them. The form must be retained by the dealer or person
offering personal watercraft for rent for a period of six months
following the date of signature and must be made available for
inspection by sheriff's deputies or conservation officers during
normal business hours.
86B.315 Towing person on water skis or other device. Subdivision 1. Observer or
mirror required. A person may not operate a watercraft on waters
of this state and tow a person on water skis, an aquaplane, a
surfboard, a saucer, or a similar device unless: (1) there is
another person in the watercraft in addition to the operator who is
in a position to continually observe the person being towed; or
(2) the boat is equipped with a mirror providing the operator a wide
field of vision to the rear. Subd. 2. Night skiing or
towing prohibited. A person may not be towed or operate a
watercraft towing a person on water skis, an aquaplane, a surfboard,
a saucer, or another device on waters of this state from one hour
after sunset to sunrise of the following day.
86B.321 Noise limits. Subdivision 1. Operation in excess of noise limits
prohibited. A person may not operate a motorboat under any
condition of load, acceleration, or deceleration in a manner that
exceeds the noise limits contained in subdivision 2. Subd. 2.Noise limits. (a) The noise limits for the total noise from
the marine engine or motorboat may not exceed: (1) for marine
engines or motorboats manufactured before January 1, 1982, a noise
level of 84 decibels on the A scale measured at a distance of 50 feet
from the motorboat or equivalent noise levels at other distances as
specified by the commissioner in a pass-by test or 86 decibels on the
A scale measured at idle in a stationary test at least four feet
above the water and at least four feet behind the transom of the
motorboat being tested; and (2) for marine engines or motorboats
manufactured on or after January 1, 1982, a noise level of 82
decibels on the A scale measured at a distance of 50 feet from the
motorboat or equivalent noise levels at other distances as specified
by the commissioner in a pass-by test or 84 decibels on the A scale
measured at idle in a stationary test at least four feet above the
water and at least four feet behind the transom of the motorboat
being tested. (b) The noise limits in paragraph (a) do not
preclude enforcement of other laws relating to motorboat noise. The
officer or deputy doing the testing shall determine which test or
tests shall be used. Failure to pass either the pass-by or
stationary idle test is a violation of this section. (c)
Equivalent noise levels under paragraph (a) shall be specified by the
commissioner by written order and published in the State Register.
The noise level determinations are exempt from the rulemaking
provisions of chapter 14 and section 14.386
does not apply. Subd. 3. Applicability. The provisions
of this section do not apply to motorboats operating under a permit
issued under section 86B.121
or a United States Coast Guard marine event permit in a regatta or
race while on trial runs or while on official trials for speed
records during the time and in the designated area authorized by the
permit.
86B.325 Discharge from marine toilets prohibited. (a) A person owning or operating
a watercraft or other marine conveyance on the waters of this state
may not use, operate, or allow the use or operation of a marine
toilet or similar device for the disposition of sewage or other
wastes unless the toilet wastes are retained for disposition on land
by means of facilities constructed and operated in accordance with
rules adopted by the state commissioner of health and approved by the
Pollution Control Agency. (b) A person may not: (1)
discharge sewage or other wastes into the waters of this state
directly or indirectly from a watercraft or other marine conveyance;
or (2) place, leave, discharge, or cause to be placed, left, or
discharged a container of sewage or other wastes into waters of this
state by a person whether or not the owner, operator, guest, or
occupant of a watercraft or other marine conveyance. (c) Toilets
must be sealed or otherwise rendered inoperative so that human or
other waste cannot be discharged from the toilet into waters of this
state.
86B.331 Operation while using alcohol or drugs or with a physical or mental disability. Subdivision 1. Acts prohibited. (a) An
owner or other person having charge or control of a motorboat may not
authorize or allow an individual the person knows or has reason to
believe is under the influence of alcohol or a controlled or other
substance to operate the motorboat in operation on the waters of this
state. (b) An owner or other person having charge or control of
a motorboat may not knowingly authorize or allow a person, who by
reason of a physical or mental disability is incapable of operating
the motorboat, to operate the motorboat in operation on the waters of
this state. (c) A person who operates or is in physical control
of a motorboat on the waters of this state is subject to chapter
169A. In addition to the applicable sanctions under chapter 169A, a
person who is convicted of violating section 169A.20
or an ordinance in conformity with it while operating a motorboat,
shall be prohibited from operating the motorboat on the waters of
this state for a period of 90 days between May 1 and October 31,
extending over two consecutive years if necessary. If the person
operating the motorboat refuses to comply with a lawful demand to
submit to testing under sections 169A.50
to 169A.53
or an ordinance in conformity with it, the person shall be prohibited
from operating the motorboat for a period of one year. The
commissioner shall notify the person of the period during which the
person is prohibited from operating a motorboat. (d)
Administrative and judicial review of the operating privileges
prohibition is governed by section 97B.066,
subdivisions 7 to 9, if the person does not have a prior impaired
driving conviction or prior license revocation, as defined in section
169A.03.
Otherwise, administrative and judicial review of the prohibition is
governed by section 169A.53.(e) The court shall promptly forward to the commissioner and the
Department of Public Safety copies of all convictions and criminal
and civil sanctions imposed under this section and chapters 169 and
169A relating to motorboats. (f) A person who violates paragraph
(a) or (b), or an ordinance in conformity with either of them, is
guilty of a misdemeanor. (g) For purposes of this subdivision, a
motorboat "in operation" does not include a motorboat that is
anchored, beached, or securely fastened to a dock or other permanent
mooring, or a motorboat that is being rowed or propelled by other
than mechanical means. Subd. 2. Repealed, 1Sp1997 c 2 s 69
Subd. 3. Repealed, 1Sp1997 c 2 s 69 Subd. 4. Repealed, 1Sp1997 c
2 s 69 Subd. 5. Repealed, 1Sp1997 c 2 s 69 Subd. 5a.
Repealed, 1Sp1997 c 2 s 69 Subd. 6. Repealed, 1Sp1997 c 2 s 69Subd. 7. Repealed, 1Sp1997 c 2 s 69 Subd. 8. Repealed,
1Sp1997 c 2 s 69
86B.335 Testing for alcohol and controlled substances. Subdivision 1. Repealed,
1Sp1997 c 2 s 69 Subd. 2. Repealed, 1Sp1997 c 2 s 69 Subd. 3.
Repealed, 1Sp1997 c 2 s 69 Subd. 4. Repealed, 1Sp1997 c 2 s 69Subd. 5. Repealed, 1Sp1997 c 2 s 69 Subd. 6. Repealed,
1Sp1997 c 2 s 69 Subd. 7. Repealed, 1Sp1997 c 2 s 69 Subd. 8.
Repealed, 1Sp1997 c 2 s 69 Subd. 9. Repealed, 1Sp1997 c 2 s 69Subd. 10. Repealed, 1Sp1997 c 2 s 69 Subd. 11. Repealed,
1Sp1997 c 2 s 69 Subd. 12. Repealed, 1Sp1997 c 2 s 69 Subd.
13. Coroner to report death. Every coroner or medical
examiner shall report in writing to the Department of Natural
Resources the death of any person within the jurisdiction of the
coroner or medical examiner as the result of an accident involving
any watercraft or drowning and the circumstances of the accident.
The report shall be made within 15 days after the death or recovery.In the case of operators killed in watercraft accidents, or the
death of passengers or drowning victims 14 years of age or older, who
die within four hours after accident, the coroner or medical examiner
shall examine the body and shall make tests as are necessary to
determine the presence and percentage concentration of alcohol, and
drugs if feasible, in the blood of the victim. This information
shall be included in each report submitted pursuant to the provisions
of this subdivision and shall be tabulated by the Department of
Natural Resources. Periodically, the commissioner of natural
resources must transmit a summary of the reports to the commissioner
of public safety.
86B.337 Repealed, 1Sp1997 c 2 s 69
86B.341 Duties and liabilities at accident or incident. Subdivision 1.
Operator's duty at accident or incident. (a) The operator of a
watercraft involved in an accident or incident resulting in injury or
death to a person or in damage to property shall, if possible without
serious danger to the watercraft or the persons aboard, immediately
stop at the scene of the accident or incident and render assistance
as may be practicable and necessary. (b) The operator must give
the operator's name, address, and license number of the watercraft
and the name and address of the owner of the watercraft to the person
injured or the operator or occupants of the other watercraft or owner
or occupant of the property involved. The operator must promptly
report the accident or incident to the sheriff of the county where
the accident or incident occurred. Sheriffs are required to report
all accidents and incidents to the commissioner of natural resources,
who must periodically transmit a summary of the reports to the
commissioner of public safety, and transmit statistics on boating
accidents and incidents to the United States Coast Guard. Subd.
2. Owner's and operator's liability. (a) The owner and
operator of a watercraft are jointly and severally liable for any
injury or damage caused by the negligent operation of a watercraft
whether the negligence consists of a violation of the provisions of
the statutes of this state or neglecting to observe ordinary care in
the operation as the common law requires. The owner is not liable if
the watercraft is being operated without the owner's express or
implied consent. It is presumed that the operation of a watercraft
is with the knowledge and consent of the owner if at the time of the
injury or damage the watercraft is under the control of the owner's
spouse, father, mother, brother, sister, son, daughter, or other
member of the owner's immediate family. (b) This subdivision may
not be construed to: (1) relieve other persons from liability
which the persons would otherwise have; or (2) authorize or allow
recovery in excess of the injury or damage actually incurred. 86B.401 Watercraft licenses. Subdivision 1. Application. (a) A person
may apply to the commissioner, the commissioner of public safety, or
an authorized deputy registrar of motor vehicles to license a
watercraft in a format prescribed by the commissioner. (b) The
application must state the names and addresses of all owners of the
watercraft. Subd. 2. Temporary certificate. A person
who applies for a watercraft license may be issued a temporary
license certificate to operate the watercraft. The temporary license
certificate is valid for the period of time specified by the
commissioner. Subd. 3. Licensing. The license agent
shall register the watercraft on receiving an application and the
license fee. A license and registration sticker with a registration
number shall be issued and must be affixed to the watercraft as
prescribed by the commissioner of natural resources. The license is
not valid unless signed by at least one owner. Subd. 4.
License number. Each watercraft must be assigned a license
number. The license number assigned a watercraft may remain the same
even if not renewed in consecutive years. The owner of a watercraft
must purchase the watercraft license numbers assigned and affix the
license numbers as prescribed by the commissioner. Subd. 5.
License period. A watercraft license is valid for three calendar
years or a portion of the three-year period beginning in the calendar
year the license is issued. The watercraft license expires on
December 31 of the last calendar year of the license period.
Subd. 6. Renewal. Watercraft licenses may be renewed in the
same manner as applying for the original license. Subd. 7.
Notification of change of address by licensee. If the address
of an owner of a licensed watercraft changes so that it does not
conform with the address on the watercraft license, the owner must
notify the commissioner in writing by 30 days after the address
change occurs on a form prescribed by the commissioner. Subd. 8.Notice of ownership change, destruction, or abandonment of
watercraft. (a) An owner of a watercraft must provide written
notice to the commissioner on a form prescribed by the commissioner
by 15 days after abandonment, destruction, or a change in ownership
of a licensed watercraft. (b) A change in ownership does not
include the transfer of a security interest. (c) After a change
of ownership: (1) the new owners are subject to the penalties
imposed by this chapter if they fail to give notice as required by
this subdivision; and (2) the commissioner shall terminate the
license without further action for failure to give the notice of
ownership change. (d) A notice of ownership change must be
accompanied by the duplicate license fee. The commissioner shall
issue a duplicate license on receipt of the notice of ownership
change and the duplicate license fee. Subd. 9. Loss or
destruction of license. The commissioner shall issue a duplicate
watercraft license if an owner provides to the commissioner an
affidavit of loss or destruction of the watercraft license previously
issued and pays the duplicate license fee. Subd. 10. New
license for previously licensed watercraft. A new license may not
be issued for a watercraft that has previously been issued a
watercraft license by this state unless: (1) a notice of
abandonment of the watercraft has been given at least one year before
the date of application for the license; or (2) the application
is accompanied by satisfactory proof that the watercraft has been
continually outside this state at least one year before the date of
the application. Subd. 11. Repealed, 1996 c 385 art 2 s 8
Subd. 12. Proof of sales tax payment. A person applying for
initial licensing of a watercraft must provide a watercraft
purchaser's certificate, showing a complete description of the
watercraft, the seller's name and address, the full purchase price of
the watercraft, and the trade-in allowance, if any. The certificate
must include information showing either (1) that the sales and use
tax under chapter 297A was paid or (2) the purchase was exempt from
tax under chapter 297A. The commissioner of public safety, in
consultation with the commissioner and the commissioner of revenue,
shall prescribe the form of the certificate. The certificate is
not required if the applicant provides a receipt, invoice, or other
document that shows the watercraft was purchased from a retailer
maintaining a place of business in this state as defined in section
297A.66,
subdivision 1. Subd. 13. Collector watercraft. (a) The
owner of a watercraft built before July 1, 1959, that is used solely
as a collector's item may affix any license numbers and decals that
are required for the watercraft by section 86B.301,
subdivision 1, and rules adopted pursuant to that section so that the
numbers and decals are readily detachable. (b) The authority
issuing a permit under section 86B.121
for any exhibit, regatta, or boat parade held on the waters of this
state may exempt a collector watercraft from displaying the license
numbers and decals required by section 86B.301,
subdivision 1, during the duration of the event. The authority may
also exempt the collector watercraft from any equipment and
operational requirements and any license requirements in section 86B.301
for the duration of the event.
86B.405 Dealer's license. Subdivision 1. Application. A dealer may
apply for a watercraft dealer license on a form prescribed by the
commissioner. A watercraft dealer's license shall be issued to a
dealer after receipt of an application and payment of the dealer
license fee. Subd. 2. Watercraft covered. Watercraft
owned by the dealer may be operated under the dealer's license on the
waters of this state without watercraft licenses for demonstration
purposes or other purposes incident to the usual and customary
conduct of the business of manufacturing, selling, or trading of
watercraft.
86B.411 Government watercraft licenses. The commissioner shall issue
distinguishable government watercraft licenses without a fee for
watercraft owned by the state or a political subdivision of the state
on receipt of an application for the license on a form prescribed by
the commissioner.
86B.415 License fees. Subdivision 1. Watercraft 19 feet or less. The fee
for a watercraft license for watercraft 19 feet or less in length is
$27 except: (1) for watercraft, other than personal watercraft,
19 feet in length or less that is offered for rent or lease, the fee
is $9; (2) for a canoe, kayak, sailboat, sailboard, paddle boat,
or rowing shell 19 feet in length or less, the fee is $10.50; (3)
for a watercraft 19 feet in length or less used by a nonprofit
corporation for teaching boat and water safety, the fee is as
provided in subdivision 4; (4) for a watercraft owned by a dealer
under a dealer's license, the fee is as provided in subdivision 5;(5) for a personal watercraft, the fee is $37.50; and (6) for
a watercraft less than 17 feet in length, other than a watercraft
listed in clauses (1) to (5), the fee is $18. Subd. 2.
Watercraft over 19 feet. Except as provided in subdivisions 3, 4,
and 5, the watercraft license fee: (1) for a watercraft more than
19 feet but less than 26 feet in length is $45; (2) for a
watercraft 26 feet but less than 40 feet in length is $67.50; and
(3) for a watercraft 40 feet in length or longer is $90. Subd.
3. Watercraft over 19 feet for hire. The license fee for a
watercraft more than 19 feet in length for hire with an operator is
$75 each. Subd. 4. Watercraft used by nonprofit corporation
for teaching. The watercraft license fee for a watercraft used by
a nonprofit organization for teaching boat and water safety is $4.50
each. Subd. 5. Dealer's license. There is no separate
fee for watercraft owned by a dealer under a dealer's license. The
fee for a dealer's license is $67.50. Subd. 6. Transfer or
duplicate license. The fee to transfer a watercraft license or be
issued a duplicate license is $4.50. Subd. 7. Watercraft
surcharge. A $5 surcharge is placed on each watercraft licensed
under subdivisions 1 to 5 for control, public awareness, law
enforcement, monitoring, and research of aquatic invasive species
such as zebra mussel, purple loosestrife, and Eurasian water milfoil
in public waters and public wetlands. Subd. 7a. Repealed, 1999 c
231 s 207 Subd. 8. Registrar's fee. In addition to other
fees prescribed by law, a filing fee of $4.50 shall be charged for
each watercraft license renewal, duplicate or replacement license,
and replacement decal and a filing fee of $7 shall be charged for
each watercraft license and license transfer issued by: (1) the
registrar or a deputy registrar of motor vehicles and the additional
fee shall be disposed of in the manner provided in section 168.33,
subdivision 2; or (2) the commissioner and the additional fee
shall be deposited in the state treasury and credited to the water
recreation account. Subd. 9. Disposition of receipts.
Money received for watercraft licenses shall be deposited in the
state treasury and credited to the water recreation account.
Subd. 10. Accounting. The commissioner of natural resources,
in agreement with the commissioner of public safety, may prescribe
the accounting and procedural requirements necessary to assure
efficient handling of watercraft registrations and license fees by
deputy registrars. Deputy registrars shall strictly comply with
these accounting and procedural requirements. Subd. 11.
Refunds. The commissioner may issue a refund on a license or
title, not including any issuing fees paid under subdivision 8 or
section 84.027,
subdivision 15, paragraph (a), clause (3), or 86B.870,
subdivision 1, paragraph (b), if the refund request is received
within 12 months of the original license or title and: (1) the
watercraft was licensed or titled incorrectly by the commissioner or
the deputy registrar; (2) the customer was incorrectly charged a
title fee; or (3) the watercraft was licensed or titled twice,
once by the dealer and once by the customer.
86B.421 Licensing by political subdivisions. A political subdivision may not
require watercraft to be licensed.
86B.501 Personal flotation and lifesaving devices. Subdivision 1.
Personal flotation or lifesaving devices. (a) Watercraft and duck
boats using the waters of this state must be equipped with the number
and type of personal flotation or lifesaving devices prescribed by
the commissioner. (b) The commissioner may not: (1) require
sailboards to be equipped with personal flotation or lifesaving
devices; or (2) require persons on sailboards to wear personal
flotation or lifesaving devices or have them readily available.
Subd. 2. Rented watercraft responsibility for lifesaving
devices. The owner of a business that rents, leases, or hires out
watercraft must provide a personal flotation or lifesaving device of
the type required by this section for each person on board the
watercraft. Subd. 3. Grant Allen Law; life jacket required
for children. (a) No person may operate a watercraft under way
with a child under ten years of age aboard unless the child is:
(1) wearing an appropriate personal flotation device approved under
subdivision 1; or (2) below the top deck or in an enclosed cabin.(b) Paragraph (a) does not apply to commercial watercraft where
the child is a passenger and the operator is licensed by the state of
Minnesota or the United States Coast Guard to carry passengers for
hire. Paragraph (a) also does not apply if the watercraft is
anchored for the purpose of swimming or diving. (c) A first
violation of this subdivision prior to May 1, 2006, shall not result
in a penalty, but is punishable only by a safety warning. (d)
Any violation other than a violation addressed in paragraph (c) is to
be considered a petty misdemeanor.
86B.505 Watercraft capacity plates. Subdivision 1. Requirement. (a) A
watercraft 20 feet or less in length manufactured for sale in this
state after December 31, 1980, except canoes, kayaks, sailboats,
sailboards, and inflatable boats, must have a capacity plate
permanently affixed to the watercraft by the manufacturer. The
capacity plate must contain information relating to maximum safe
carrying and power capacity specifications prescribed by the
commissioner. The information contained on the capacity plate must,
at a minimum, comply with the established standards and regulations
of the United States Coast Guard. (b) For purposes of this
section, "manufacture" means to construct or assemble a watercraft or
alter a watercraft in a manner that changes its weight and carrying
capacity. Subd. 2. Certification of correct
information. The information appearing on a capacity plate is
deemed to certify that the manufacturer has correctly and faithfully
specified the maximum safe carrying and horsepower capacity and that
the information is not a deliberate or negligent misrepresentation.Subd. 3. Violation. A person who does not comply with
provisions of this section commits a violation for each watercraft
for which this section is not complied with.
86B.511 Lights.
Except as provided in section 169.541,
a watercraft using the waters of this state, when underway or in use
between sunset and sunrise, must carry and display the lights
prescribed by the commissioner for the watercraft.
86B.515 Sirens and sound-producing devices. Subdivision 1. Sound-producing
devices. Motorboats 16 feet or more in overall length using the
waters of this state must carry sound-producing devices as prescribed
by the commissioner. The operator of a motorboat shall sound these
devices only when reasonably necessary to insure safe operation.
Subd. 2. Sirens. (a) A siren may not be carried or used on a
watercraft other than patrol watercraft. (b) A siren carried or
used in violation of this subdivision may be removed and seized by
the sheriff. A seized siren becomes the property of the county where
it was seized and may be used or disposed of as the county board
determines.
86B.521 Motorboat noise control. Subdivision 1. Exhaust muffling system
required. A motor may not be used on a motorboat unless it is
equipped with an efficient muffler, underwater exhaust, or other
device that adequately muffles or suppresses the sound of the exhaust
of the motor so as to prevent excessive or unusual noise. A motor
may not be equipped with an altered muffler, muffler cutout, muffler
bypass, or any other device designed or installed so that it can be
used to continually or intermittently bypass any muffler or muffler
system installed in the motorboat or to reduce or eliminate the
effectiveness of such a muffler or muffler system. Subd. 2.
Sale of motor that exceeds noise limits prohibited. A person may
not sell or offer for sale a marine engine or motorboat that would
exceed the noise limits contained in section 86B.321,
subdivision 2, under a test procedure approved by the commissioner if
the motor is maintained according to the manufacturer's
specifications. Subd. 3. Modification of engine to exceed
noise limits prohibited. (a) A person may not modify a marine
engine or motorboat in a manner that will amplify or increase the
noise emitted by the marine engine or motorboat above the noise
limits contained in section 86B.321,
subdivision 2, under a test procedure approved by the commissioner.(b) A person may not operate a motorboat with an engine modified
to increase noise above the noise limits. Subd. 4. Sale of
parts that cause excessive noise prohibited. (a) A person may not
sell or offer for sale replacement or additional parts for a marine
engine or motorboat which when installed in the marine engine or
motorboat will amplify or increase the noise emitted by the marine
engine or motorboat above the noise limits contained in section 86B.321,
subdivision 2, under a test procedure approved by the commissioner.(b) A person may not operate a motorboat incorporating parts
prohibited to be sold under paragraph (a). Subd. 5.
Applicability. The provisions of this section do not apply to
motorboats operating under a permit issued under section 86B.121
or a United States Coast Guard marine event permit in a regatta, or
race, while on trial runs, or while on official trials for speed
records during the time and in the designated area authorized by the
permit. Subd. 6. Rulemaking exemption. The test
procedures under subdivisions 2, 3, and 4 shall be established by
written order by the commissioner and published in the State
Register. The establishment of test procedures is exempt from the
rulemaking provisions of chapter 14 and section 14.386
does not apply.
86B.525 Device for arresting backfire. A motor other than a detachable outboard
motor may not be used on a watercraft unless each carburetor is
fitted with a device for arresting or safely deflecting backfire
which is approved or prescribed by the United States Coast Guard.
The devices must be maintained in serviceable condition.
86B.531 Fire extinguishers and fuel area ventilation. Subdivision 1.
Fire extinguishers. Inboard motorboats, houseboats, and other
motorboats carrying or using fuel or other inflammable or toxic fluid
in an enclosure of the boat must be provided with the number, size,
and type of fire extinguishers as may be approved by the
commissioner. Fire extinguishers approved by the commissioner shall
comply with requirements of the United States Coast Guard. The
extinguishers shall be at all times kept in condition for immediate
and effective use and shall be so placed as to be readily accessible.Subd. 2. Fuel area ventilation. Inboard motorboats,
houseboats, and other motorboats carrying or using fuel or other
inflammable or toxic fluid in an enclosure of the boat must be
provided with means for properly and efficiently ventilating the
bilges of the engine and fuel tank compartments as prescribed by the
commissioner to remove explosive or flammable gases.
86B.535 Marine toilets. Subdivision 1. Retention device required. A
watercraft or other marine conveyance on the waters of the state may
not be equipped with a marine toilet unless also equipped with a
retention device acceptable to the Pollution Control Agency.
Subd. 2. List of retention devices. (a) The Pollution
Control Agency shall, upon request, furnish a list of the types of
retention devices currently available and considered acceptable for
the purposes of this section for use with marine toilets. (b)
The commissioner of natural resources shall furnish the sheriff of
each county with a list of retention facilities acceptable to the
Pollution Control Agency.
86B.601 Scuba diving. Subdivision 1. Flag required. (a) A person who
swims in waters of the state, except designated swimming areas under
section 86B.311,
subdivision 4, while wearing or carrying a breathing apparatus
allowing the swimmer to breathe while under water, except a snorkel
that is not attached to an artificial container of compressed air,
must display a diver's flag above the surface of the water. (b)
A person who places a diver's flag must remain within 50 feet of the
flag, measured on the surface of the water. (c) A person shall
not place a diver's flag where it will obstruct navigation. (d)
A diver's flag shall measure at least 15 inches horizontally and 12
inches vertically, and both sides shall have a red-colored background
bisected diagonally by a three-inch wide white stripe having its
upper end adjacent to the flagstaff. (e) A diver's flag shall be
displayed in a vertical plane extended from a rigid flagstaff
equipped to maintain the upper edge of the flag at least 30 inches
above the water surface. (f) A diver's flag may be reflectorized
or fluorescent provided the entire surface is uniformly reflectorized
or fluorescent. (g) A diver's flag may be anchored or secured to
the bottom when a safety hazard would result from towing the flag.(h) If at the discretion of the diver it would be safer and more
visible, the flag may be displayed on a watercraft. If the flag is
displayed on the watercraft, the craft must be at anchor or, if not
at anchor, attended by a diver or a person appointed by the diver to
tend the craft. Only watercraft displaying an official diver's flag
are authorized in the diving area. Subd. 2. Group
diving. (a) Not more than four divers may dive under one flag.(b) If a group of divers is operating in a contained area, the
perimeter must be marked and be outside of the normal area of
navigation. The markings shall consist of the official diver's flag
and be placed on the perimeter of the diving area at intervals not
exceeding 150 feet. Subd. 3. Light required for night
diving. A person may not scuba or skin dive in waters of this
state from one hour after sunset to sunrise on the following day
unless the diver has in possession a diver's light that is visible
from above the water at a distance of at least 150 feet, except that
a diver's light is not required in an emergency, salvage, repair, or
construction operation. Subd. 4. Night diving with spear
prohibited. A person may not scuba or skin dive while in
possession of a spear from sunset to sunrise.
86B.701 Funding county water safety. Subdivision 1. Water and watercraft
safety and enforcement budget. (a) On or before September 1 of
each even-numbered year, the county board of each county shall submit
to the commissioner its proposed budget to carry out the provisions
of this chapter, during the biennium beginning on the following July
1. (b) The commissioner shall require a county to submit a
budget containing proposed activities that would adequately carry out
this chapter. (c) The commissioner shall review the proposed
budgets and incorporate into the budget for the Department of Natural
Resources the parts that the commissioner determines necessary and
equitable for each county. The amount allocated for each county
shall be paid to the county and a separate accounting maintained.(d) The commissioner may require each county to make reports as
to the expenditure of the funds. (e) The commissioner shall
publish a report annually showing the expenditures and distribute
copies to all participating counties. Subd. 2. Failure of
county to submit budget. (a) If the county fails to submit a
budget or fails to carry out the proposed activities after submitting
a budget, the commissioner may allocate all or a portion of the
county's share back to the Department of Natural Resources or to
political subdivisions within the county, including lake conservation
districts in part or in whole within the county, that the
commissioner determines will provide watercraft safety enforcement,
supervision, marking, regulation, search and rescue, and information
on waters wholly or partially within their boundaries. (b) The
commissioner may require budgets or reports on the expenditure of the
funds. (c) If the county sheriff determines that additional
outside assistance is necessary on a temporary, nonrecurring basis
for the purposes of boat and water safety, the sheriff may request
the assistance from the commissioner. The commissioner may allocate
emergency funding to the county, provide materials or equipment on a
temporary loan basis, or hire temporary personnel. Subd. 3.
Allocation of funding. (a) The amount of funds to be allocated
under subdivisions 1 and 2 and shall be determined by the
commissioner on the basis of the following criteria: (1) the
number of watercraft using the waters wholly or partially within the
county; (2) the number of watercraft using particular bodies of
water, wholly or partially within the county, in relation to the size
of the body of water and the type, speed, and size of the watercraft
utilizing the water body; (3) the amount of water acreage wholly
or partially within the county; (4) the overall performance of
the county in the area of boat and water safety; (5) special
considerations, such as volume of transient or nonresident watercraft
use, number of rental watercraft, extremely large bodies of water
wholly or partially in the county; or (6) any other factor as
determined by the commissioner. (b) The commissioner may require
reports from the counties, make appropriate surveys or studies, or
utilize local surveys or studies to determine the criteria required
in allocation funds.
86B.705 Allocation of water recreation account and fines and forfeited bail money. Subdivision 1. Water recreation account. (a) A
portion of the money in the water recreation account shall be
utilized by the commissioner of natural resources to implement this
chapter and a portion shall be paid to counties and in an amount the
commissioner shall determine and be used to defray the expenses of
enforcement of the provisions of this chapter and the expenses of a
county sponsored or administered watercraft and swimming safety
instructional program. (b) The commissioner may withhold up to
$25,000 per biennium of the allocation for the purpose of payments to
counties and other political subdivisions for specific boat and water
safety projects beyond the capability of previously allocated funds.(c) Counties and other political subdivisions shall make
application for payment of the funds on forms and for purposes as
prescribed by the commissioner. Subd. 2. Fines and bail
money. (a) All fines, installment payments, and forfeited bail
money collected from persons convicted of violations of this chapter
or rules adopted thereunder, or of a violation of section 169A.20
involving a motorboat, shall be paid to the county treasurer of the
county where the violation occurred by the court administrator or
other person collecting the money within 15 days after the last day
of the month the money was collected. (b) One-half of the
receipts shall be credited to the general revenue fund of the county.
The other one-half of the receipts shall be transmitted by the county
treasurer to the commissioner of natural resources to be deposited in
the state treasury and credited to the water recreation account for
the purpose of boat and water safety.
86B.706 Water recreation account; receipts and purpose. Subdivision 1.
Creation. The water recreation account is created in the state
treasury in the natural resources fund. Subd. 2. Money
deposited in account. The following shall be deposited in the
state treasury and credited to the water recreation account: (1)
fees and surcharges from titling and licensing of watercraft under
this chapter; (2) fines, installment payments, and forfeited bail
according to section 86B.705,
subdivision 2; (3) civil penalties according to section 84D.13;(4) mooring fees and receipts from the sale of marine gas at
state-operated or state-assisted small craft harbors and mooring
facilities according to section 86A.21;(5) the unrefunded gasoline tax attributable to watercraft use
under section 296A.18;
and (6) fees for permits issued to control or harvest aquatic
plants other than wild rice under section 103G.615,
subdivision 2. Subd. 3. Purposes. The money in the
account may be expended only as appropriated by law for the following
purposes: (1) as directed under section 296A.18,
subdivision 2, for acquisition, development, maintenance, and
rehabilitation of public water access and boating facilities on
public waters; lake and river improvements; and boat and water
safety; (2) from the fees collected at state-operated or
state-assisted small craft harbors and mooring facilities from daily
and seasonal moorings and the sale of marine gas, for maintenance,
operation, replacement, and expansion of these facilities and for the
debt service on state bonds sold to finance these facilities; (3)
for administration and enforcement of this chapter as it pertains to
titling and licensing of watercraft and use and safe operation of
watercraft; grants for county-sponsored and administered boat and
water safety programs; and state boat and water safety efforts;
(4) for management of aquatic invasive species and the implementation
of chapter 84D as it pertains to aquatic invasive species, including
control, public awareness, law enforcement, assessment and
monitoring, management planning, and research; and (5) for
management of aquatic plants and the implementation of section 103G.615
as it pertains to aquatic plants, including plant removal permitting,
control, public awareness, law enforcement, assessment and
monitoring, management planning, and research.
86B.801 Enforcement authority. Subdivision 1. Authority. (a) A sheriff
or conservation officer may stop, inspect, and detain for a
reasonable time a watercraft observed in violation of Minnesota
Statutes or rules, and is empowered to issue a summons and complaint
for violations of this chapter in the same manner as for violations
of game and fish laws. (b) As used in this subdivision,
"inspect" does not mean the authority to board a watercraft.
Subd. 2. Enforcement duties. The sheriff of each county and
conservation officers shall enforce the provisions of this chapter.

86B.805 Enforcement watercraft. Subdivision 1. Water safety enforcement
watercraft. Watercraft used primarily for enforcement shall be
marked to be visible from both sides of the watercraft. The markings
shall at a minimum identify the operating agency and be of a
contrasting color to the background. Lettering used for
identification, other than that used in an agency symbol, shall be of
block character and not less than three inches in height. Subd.
2. Game and fish enforcement watercraft. Watercraft that are
used primarily for enforcement of game and fish laws, when
coincidentally enforcing this section, shall either be marked through
the flying of a pennant of a size and marking prescribed by the
commissioner or through marking of the watercraft itself under this
section. Subd. 3. Exemptions for enforcement
watercraft. The restrictions on hours and location of operation
in this chapter do not apply to emergency, safety, and enforcement
watercraft.
86B.811 Criminal penalties. Subdivision 1. Misdemeanors. Unless a
different penalty is specified, a person is guilty of a misdemeanor
who: (1) violates a provision of this chapter or a rule of the
commissioner adopted under this chapter; (2) operates any
watercraft that does not conform to the requirements of this chapter;
or (3) operates a watercraft if the operation is prohibited under
subdivision 2. Subd. 2. Youth operator violations. (a)
An operator age 13 or older but younger than age 18 adjudicated by a
juvenile court as having violated section 86B.311,
subdivision 1, 86B.341,
or 169A.20,
shall have the operator's permit revoked by the commissioner.
(b) The commissioner shall issue a new permit to the operator one
year after the revocation upon successful completion by the operator
of a watercraft safety course. (c) The judge of a juvenile court
that adjudicates an operator of violating any of the laws or rules
listed above shall require the surrender of the person's watercraft
operator's permit and shall forward the operator's permit to the
commissioner with a record of the adjudication.
86B.815 Violation as evidence in civil action. Subdivision 1. Prima facie
evidence of negligence. In all civil actions, a violation of this
chapter by a party is not negligence per se but is prima facie
evidence of negligence. Subd. 2. Conviction record not
admissible. The record of the conviction of a person for a
violation of this chapter is not admissible as evidence in a court in
a civil action.
86B.820 Definitions. Subdivision 1. Applicability. The definitions in
this section apply to sections 86B.820 to 86B.920.Subd. 2. Commissioner. "Commissioner" means the
commissioner of natural resources. Subd. 3. Dealer.
"Dealer" means a person who: (1) is in the business of manufacturing,
distributing, selling, or purchasing new or used watercraft; (2) has
an established place of business for the sale, trade, and display of
watercraft; and (3) possesses watercraft for the purpose of sale or
trade. Subd. 4. Department. "Department" means the
Department of Natural Resources. Subd. 5. Deputy
registrar. "Deputy registrar" means a person appointed or hired
by the commissioner of public safety under section 168.33.Subd. 6. Manufacturer. "Manufacturer" means a person
engaged in the business of constructing or assembling watercraft
required to have a certificate of title. Subd. 7.
Manufacturer's or importer's certificate of origin.
"Manufacturer's or importer's certificate of origin" means a
certificate with the authorized signature of the manufacturer or
importer of a watercraft, describing and identifying the watercraft,
giving the name and address of the person to whom the watercraft is
first sold by the manufacturer or importer, and containing executed
assignments of the watercraft to an applicant for a certificate of
title on the watercraft in this state. Subd. 8. Owner.
"Owner" means a person, other than a secured party, having the title
to a watercraft. "Owner" includes a person entitled to use or
possess the watercraft, subject to a security interest in another
person, reserved or created by agreement and securing payment of
performance of an obligation, but "owner" does not include a lessee
under a lease not intended as security. Subd. 9.
Person. "Person" means an individual, firm, partnership,
association, corporation, or governmental organization. Subd.
10. Secured party. "Secured party" means a secured party as
defined in section 336.9-102(a)(72),
having a security interest in a watercraft and includes a lienholder.Subd. 11. Security agreement. "Security agreement" has
the meaning given it in section 336.9-102(a)(73).Subd. 12. Security interest. "Security interest" has the
meaning given it in section 336.1-201(b)(35),
and includes statutory liens for which lien statements are filed.Subd. 13. Titled watercraft. "Titled watercraft" means a
watercraft required to have a certificate of title under section 86B.825,
subdivision 1; a watercraft for which a certificate of title has been
issued under section 86B.825,
subdivision 3; or a watercraft previously issued a certificate of
title or similar document from another jurisdiction. Subd. 14.Watercraft. "Watercraft" means a device used or designed for
navigation on water that is greater than 16 feet in length, as
defined in section 86B.005,
subdivision 6, but does not include: (1) a row-type fishing boat
of single hull construction, with oar locks and an outboard motor
capacity rating of less than 40 horsepower; (2) a canoe; (3)
a kayak; (4) a rowing shell or scull; (5) a ship's lifeboat;(6) a vessel of at least five net tons measured in Code of
Federal Regulations, title 46, part 69, that is documented under Code
of Federal Regulations, title 46, subpart 67.01;
or (7) a seaplane. Subd. 15. Waters of this state.
"Waters of this state" means waters capable of substantial public use
and waters to which the public has access, that are within the
territorial limits of this state, including boundary waters. 86B.825 Certificate of title required. Subdivision 1. Requirement. Except
as provided in subdivision 2, a watercraft used on the waters of the
state must have a certificate of title if the watercraft is kept in
the state for more than 90 consecutive days. Subd. 2.
Exempt watercraft. A watercraft is not required to have a
certificate of title if the watercraft is: (1) owned by a
manufacturer or dealer and held for sale; (2) used by a
manufacturer solely for testing; (3) from a jurisdiction other
than this state, temporarily using the waters of this state; (4)
owned by the United States, a state, this state, or a political
subdivision; (5) a duck boat used only during duck hunting
season; (6) a rice boat used only during the wild rice harvesting
season; (7) owned by a person, firm, or corporation operating a
resort as defined in section 157.15
or a recreational camping area as defined in section 327.14,
subdivision 8, except with respect to a previously titled watercraft;
or (8) watercraft manufactured prior to August 1, 1979.
Subd. 3. Voluntary titling. The owner of a device used or
designed for navigation on water and used on the waters of this state
may obtain a certificate of title for the device, even though it is
not a watercraft as defined in section 86B.820,
subdivision 14, in the same manner and with the same effect as the
owner of a watercraft required to be titled under Laws 1989, chapter
335. Once titled, the device is a titled watercraft as defined in
section 86B.820,
subdivision 13, and is and remains subject to Laws 1989, chapter 335,
to the same extent as a watercraft required to be titled. Subd.
4. Title required for transfer. A person may not sell or
otherwise transfer a titled watercraft without delivering to the
person acquiring the watercraft a certificate of title with an
assignment on it to show title in the person acquiring the
watercraft. A person may not acquire a watercraft required to have a
certificate of title without obtaining a certificate of title for the
watercraft in the person's name. Subd. 5. No legal title
without certificate. A person acquiring a watercraft through a
sale or gift does not acquire a right, title, claim, or interest in
the watercraft until the person has been issued a certificate of
title to the watercraft or has received a manufacturer's or
importer's certificate. A waiver or estoppel does not operate in
favor of that person against another person who has obtained
possession of the certificate of title or manufacturer's or
importer's certificate for the watercraft for valuable consideration.Subd. 6. Watercraft license may not be issued without
title. The commissioner may not issue or renew a watercraft
license to an owner of a titled watercraft unless the owner has been
issued or has applied for a certificate of title for the watercraft.

86B.830 Application and issuance of certificate of title. Subdivision 1.
Application. The owner of a titled watercraft must apply for the
first certificate of title of a watercraft in this state to the
commissioner or a deputy registrar on a form prescribed by the
commissioner. The appropriate fee under section 86B.870
must accompany the application. The application must be signed by
the owner and contain: (1) the full names, dates of birth, and
addresses of owners who are natural persons and the full names and
addresses of other owners; (2) a description of the watercraft
including its make, model, year, length, the principal material used
in construction, and the builder's or manufacturer's hull
identification number; (3) the date of purchase by the applicant,
the name and address of the person from whom the watercraft was
acquired; (4) the name and address of the person who is to
possess the title and any conditions of possession; and (5) other
information required by the commissioner to determine whether the
owner is entitled to a certificate of title and whether security
interests exist in the watercraft. Subd. 2. Issuance.
(a) The commissioner shall issue a certificate of title for a
watercraft upon verification that: (1) the application is
genuine; (2) the applicant is the owner of the watercraft; and(3) payment of the required fee. (b) The original
certificate of title must be mailed to the first secured party
disclosed in the application or, if none, to the owner named in the
application. Subd. 3. Contents. (a) A certificate of
title issued by the commissioner must contain: (1) the date
issued; (2) the full names, dates of birth, and addresses of
owners who are natural persons and the full names and addresses of
other owners; (3) the names and addresses of secured parties;
(4) the title number assigned to the watercraft; (5) a
description of the watercraft including its make, model, year of
manufacture, length, principal material used in construction,
registration number, and manufacturer's hull identification number
or, if none, the builder's hull identification number assigned to the
watercraft by the commissioner; (6) spaces for assignment of
title by the owner or by the dealer and for warranting that the
signer is the owner and that the watercraft is not subject to
security interests, liens, or encumbrances except as noted on the
face of the certificate of title; (7) spaces on the certificate
for application of title by a new owner subject to the security
interests of secured parties named and for the assignment or release
of the security interest of a secured party; and (8) other
information the commissioner may require. (b) A certificate of
title issued by the commissioner is prima facie evidence of the facts
appearing on it. Subd. 4. Issuance without absolute proof
of ownership. (a) If application is made for a certificate of
title for a watercraft and the commissioner is not satisfied of the
ownership of the watercraft or the existence of security interests in
the watercraft, the watercraft may be assigned a title number but the
commissioner must: (1) withhold issuance of a certificate of
title until the applicant presents documents that satisfy the
commissioner of the applicant's ownership of the watercraft and of
security interest in the watercraft; or (2) require the applicant
to file a bond in the form prescribed by the commissioner and
executed by the applicant as a condition to issuing a certificate of
title. (b) A bond filed under this subdivision must be
accompanied by the deposit of cash or executed by a surety company
authorized to do business in this state. The bond must be in an
amount equal to 1-1/2 times the value of the watercraft as determined
by the commissioner. The bond must be conditioned to indemnify prior
owners, secured parties, and later purchasers of the watercraft or
persons acquiring a security interest in the watercraft, or
successors in interest of the persons, against expenses, losses, or
damages, including reasonable attorney fees, by reason of the
issuance of the certificate of title to the watercraft or on account
of a defect in or undisclosed security interest upon the right,
title, and interest of the applicant in the watercraft. (c) An
interested person has a right of action to recover on the bond for a
breach of its conditions, but the aggregate liability of the surety
to all persons may not exceed the amount of the bond. (d) The
commissioner shall return the bond and any deposit accompanying the
bond if: (1) the commissioner has not been notified of the
pendency of an action to recover on the bond; (2) questions of
ownership and outstanding security interests have been resolved to
the satisfaction of the commissioner; (3) the bond has been
posted for three years or the watercraft is not registered for
license purposes in this state under sections 86B.125,
86B.301,
and 86B.401
to 86B.421;
and (4) the currently valid certificate of title is surrendered.Subd. 5. Records. (a) The commissioner shall maintain
records of certificates of title issued under this section according
to one of the following systems: (1) under a distinctive title
number assigned to a watercraft; (2) under the registration
number awarded to a watercraft in accordance with the registration
and numbering law of the state where it is registered; (3)
alphabetically, under the name of the owner; or (4) under another
system determined by the commissioner. (b) Records relating to
watercraft titling maintained by the commissioner are public records
and are open to public inspection during regular office hours.
Subd. 6. Grounds for refusal to issue certificate of title.
The commissioner may not issue a certificate of title if a required
fee is not paid or the commissioner has reasonable grounds to believe
that: (1) the applicant is not the owner of the watercraft;
(2) the application contains a false statement; or (3) the
applicant failed to furnish required information or documents or
additional information the commissioner reasonably requires. 86B.835 Dealer acquisition and transfer. Subdivision 1. Certificate of
origin required. (a) A dealer may not purchase or acquire a new
titled watercraft without obtaining a manufacturer's or importer's
certificate of origin from the seller. (b) A manufacturer,
importer, dealer, or other person may not sell or otherwise dispose
of a new titled watercraft to a dealer for purposes of display and
resale without delivering to the dealer a manufacturer's or
importer's certificate of origin. Subd. 2. Contents of
certificate. The manufacturer's or importer's certificate of
origin must be of a form prescribed by the commissioner and contain:(1) a description of the watercraft, including its trade name, if
any, year, series or model, hull material, length, and hull
identification number; (2) certification of the date of transfer
of the watercraft and the name and address of the person to whom the
watercraft was transferred; (3) certification that the transfer
of the watercraft was in ordinary trade and commerce; (4) the
signature and address of a representative of the person transferring
the watercraft; (5) an assignment form, including the name and
address of the person the watercraft is to be transferred to, a
certification that the watercraft is new, and a warranty that the
title at the time of delivery is subject only to the security
interests stated on the title; and (6) other information required
by the commissioner. Subd. 3. Sale of new watercraft. A
dealer selling or exchanging a new titled watercraft, before
delivering the watercraft to a purchaser, shall apply to the
commissioner for a new title in the name of the purchaser. The
application must contain the name and address of any secured party
holding a security interest created or reserved at the time of sale
and the date of the security agreement and must be accompanied by a
manufacturer's or importer's certificate of origin. The application
must be signed by the dealer and the owner, and the dealer shall
promptly mail or deliver the application to the commissioner or a
deputy registrar. Subd. 4. Used watercraft acquired for
resale. (a) If a dealer buys or acquires a used titled watercraft
for resale, the dealer must apply to the commissioner or deputy
registrar and obtain a title number before selling or exchanging the
watercraft in the same manner as a new watercraft on forms the
commissioner provides or apply for and obtain a certificate of title.(b) If a dealer acquires a used titled watercraft for resale and
the watercraft is covered by a certificate of title that is
surrendered to the dealer by the owner at the time of delivery of the
watercraft, the dealer need not send the certificate of title to the
commissioner. Upon transferring the watercraft to another person,
the dealer must promptly execute the assignment, showing the name and
address of the person to whom the watercraft is transferred and
forward the certificate to the commissioner or deputy registrar with
the application for a new certificate of title. Subd. 5.
Watercraft with foreign registration. (a) Except as provided in
paragraph (b), an application for a certificate of title for a
watercraft last registered in another state or foreign country must
contain or be accompanied by: (1) a certificate of title or
registration issued by the other state or foreign country; and
(2) other information or documents the commissioner requires to
establish the ownership of the watercraft and the existence or
nonexistence of security interests. (b) If the state or foreign
country where the watercraft was last registered does not issue
certificates of title, the application must contain or be accompanied
by: (1) a proper bill of sale or sworn statement of ownership,
certificate of registration, or evidence of ownership as required by
the law of the state or foreign country; and (2) any other
information or documents the commissioner requires to establish the
ownership of the watercraft and the existence or nonexistence of
security interests.
86B.840 Transfer by owner. Subdivision 1. Voluntary transfer. (a) An
owner who transfers a titled watercraft must execute the assignment
and warranty of title to the person to whom the watercraft is
transferred in the space provided on the certificate of title where
the watercraft is delivered. (b) The person acquiring the
watercraft must obtain a new certificate of title by applying to the
commissioner or a deputy registrar on a form prescribed by the
commissioner, and submitting the required fee. The application for
certificate of title must be filed within 15 days after delivery of
the watercraft to the person acquiring the watercraft. (c) Upon
request of the owner or the person who acquired the watercraft, a
secured party in possession of the certificate of title must deliver
the certificate to the person acquiring the watercraft, the
commissioner, or a deputy registrar, unless the transfer is a breach
of the security agreement. The delivery of the certificate does not
affect the rights of the secured party under the security agreement.(d) If a security interest or encumbrance is first created at the
time of transfer of ownership, the certificate must be retained by or
delivered to the secured party. Subd. 2. Transfer by
law. (a) Except as otherwise provided in this chapter, if the
ownership of a titled watercraft is transferred by operation of law,
including inheritance or bequest, order in bankruptcy, insolvency,
replevin, execution, sale, or satisfaction of mechanic's lien, or
repossession upon default in performance of the terms of a security
agreement, the person acquiring the watercraft by operation of law
must promptly submit the last certificate of title, if available, or
the manufacturer's or importer's certificate or other satisfactory
proof of the transfer of ownership to the commissioner or deputy
registrar with the application for a new certificate of title and the
required fee. (b) If a secured party acquires a titled
watercraft under the terms of a security agreement or by operation of
law, the secured party must promptly submit to the commissioner, a
deputy registrar, or the person acquiring the watercraft from the
secured party the last certificate of title, if available, an
application for a new certificate of title with the required fee, and
an affidavit by the secured party or an authorized representative
stating the facts entitling the secured party to possession and
ownership of the watercraft, including a copy of the journal entry,
court order, or instrument upon which the claim of possession and
ownership is founded. If the secured party cannot produce the
required proof of ownership, the secured party may submit other
evidence with the application and the commissioner may issue a new
certificate of title if the evidence provides satisfactory proof of
ownership.
86B.845 Temporary watercraft use permits. Subdivision 1. Issuance to
title applicant. (a) The commissioner may issue a temporary
watercraft use permit to a person applying for a certificate of title
for a new or used watercraft to allow that person to operate the
watercraft on the waters of this state pending completion of the
titling and watercraft licensing process. (b) The watercraft use
permit must be carried aboard the watercraft to allow immediate
inspection. The watercraft use permit must contain a description of
the watercraft, including its trade name, if any, year, series or
model, hull material, length, hull identification number, and other
information prescribed by the commissioner. A permit is valid only
for the watercraft for which it is issued. Subd. 2.
Distribution to dealers. The commissioner may distribute permits
in booklet form to licensed dealers. If the dealer issues a permit,
the dealer must submit a watercraft use permit information form to
the commissioner. The commissioner must provide information forms
that require the name of the person to whom the watercraft use permit
was issued, the watercraft description, dates of issue and
expiration, and other information prescribed by the commissioner.

86B.850 Duplicate certificate. Subdivision 1. Form and issuance. (a)
The commissioner may issue a duplicate certificate of title under
this section. The duplicate certificate of title must be a certified
copy plainly marked "duplicate" across its face and must contain the
legend: "This duplicate certificate of title may be subject to the
rights of a person under the original certificate." It must be
mailed to the first secured party named in it or, if none, to the
owner. The commissioner shall indicate in the department records
that a duplicate has been issued. (b) As a condition to issuing
a duplicate certificate of title, the commissioner may require a bond
from the applicant in the manner and form prescribed in section 86B.830,
subdivision 4, paragraph (b). Subd. 2. Waiting period to
issue new certificate of title. The commissioner may not issue a
new certificate of title to a person acquiring a watercraft under an
application made on a duplicate certificate of title until at least
15 days after receiving the application. Subd. 3.
Disappearance of original certificate. If a certificate of title
is lost, stolen, or destroyed, the owner or legal representative of
the owner named in the certificate may obtain a duplicate by applying
to the commissioner, furnishing information the commissioner requires
concerning the original certificate, and the circumstances of its
loss or destruction. Subd. 4. Mutilated or illegible
certificate. If an original certificate of title is mutilated or
rendered illegible, the person in possession of the title must return
it to the commissioner with the application for a duplicate.
Subd. 5. Recovery of lost or stolen certificate. If a lost
or stolen certificate of title for which a duplicate has been issued
is recovered, the lost or stolen certificate of title must be
surrendered promptly to the commissioner for cancellation.
86B.855 Suspension or revocation of certificate. Subdivision 1. Suspension or
revocation. The commissioner shall suspend or revoke a
certificate of title upon notice and reasonable opportunity to be
heard if authorized by law or if the commissioner finds that: (1)
the certificate of title was fraudulently procured or erroneously
issued; or (2) the watercraft has been scrapped, dismantled, or
destroyed. Subd. 2. Duties of owner. If the
commissioner suspends or revokes a certificate of title, the owner or
person in possession of the certificate of title, immediately upon
receiving notice of the suspension or revocation, shall mail or
deliver the certificate to the commissioner. Subd. 3.
Seizure or impoundment. The commissioner may seize and impound a
certificate of title that has been suspended or revoked. Subd.
4. Subsequent good faith purchaser. Suspension or revocation
of a certificate of title does not affect the validity of a
subsequent transfer to a purchaser relying in good faith on the
assignment of a suspended or revoked title if the certificate of
title was not surrendered to or seized by the commissioner under
subdivisions 2 and 3, and the commissioner shall issue a new
certificate of title to an applicant who is a good faith purchaser
for value in those circumstances.
86B.860 Responsibilities of commissioner. The commissioner shall prescribe and
provide suitable forms of applications, certificates of title,
notices of security interests, and other notices and forms necessary
to implement this chapter. In addition, the commissioner may:
(1) make necessary investigations to procure information required to
implement this chapter; (2) assign a new hull identification
number to a watercraft if the watercraft does not have a number or
the number is destroyed or obliterated; or (3) adopt and enforce
rules necessary to implement this chapter.
86B.865 Penalties. Subdivision 1. Felony. A person is guilty of a felony
and punishable by imprisonment for a term of not more than four
years, or payment of a fine of not more than $5,000, or both, if the
person with fraudulent intent: (1) uses a false or fictitious
name or address, makes a material false statement, fails to disclose
a security interest, or conceals any other material fact in an
application for a certificate of title; or (2) submits a false,
forged, or fictitious document in support of an application for a
certificate of title. Subd. 2. Misdemeanor. A person is
guilty of a misdemeanor if that person: (1) with fraudulent
intent permits another to use or possess a certificate of title who
is not entitled to use or possess the certificate of title; (2)
willfully fails to mail or deliver a certificate of title to the
commissioner or a deputy registrar within ten days after the time
required; (3) willfully fails to deliver to a person acquiring a
watercraft a certificate of title within ten days after the time
required; (4) commits a fraud in an application for a certificate
of title; or (5) fails to notify the commissioner of a fact as
required by law.
86B.870 Title fees. Subdivision 1. Fees. (a) The fee to be paid to the
commissioner: (1) for issuing an original certificate of title,
including the concurrent notation of an assignment of the security
interest and its subsequent release or satisfaction, is $15; (2)
for each security interest when first noted upon a certificate of
title, including the concurrent notation of an assignment of the
security interest and its subsequent release or satisfaction, is $10;(3) for transferring the interest of an owner and issuing a new
certificate of title, is $10; (4) for each assignment of a
security interest when first noted on a certificate of title, unless
noted concurrently with the security interest, is $1; and (5) for
issuing a duplicate certificate of title, is $4. (b) In addition
to other statutory fees and taxes, a filing fee of $7 is imposed on
every watercraft title application. The filing fee must be shown as a
separate item on title renewal notices sent by the commissioner.
Subd. 2. Concurrent applications. If a person applies for an
original or a new certificate of title for a watercraft concurrently
with an application for transfer of license of the watercraft to the
applicant, the fee prescribed in subdivision 1 is in lieu of the fee
prescribed by sections 86B.125,
86B.301,
and 86B.401
to 86B.421
for a transfer of ownership or license of the watercraft to the
applicant. Subd. 3. Fees paid before title issued.
Subject to subdivision 2, the commissioner may not issue a
certificate of title for a watercraft until the fees prescribed by
subdivision 1 and sections 86B.125,
86B.301,
and 86B.401
to 86B.421
for a prior transfer of ownership or license of the watercraft have
been paid. Subd. 4. Deposit of fee. Fees collected
under this section must be deposited in the state treasury and
credited to the water recreation account, except a deputy registrar
who originates an application shall retain the filing fee under
subdivision 1, paragraph (b).
86B.875 Inapplicable liens and security interests. The requirements of this
chapter relating to security interests and certificate of title do
not apply to or affect: (1) a lien given by statute or rule of
law to a supplier of services or materials for the watercraft while
the watercraft is in the possession of the lienholder; (2) a lien
given by statute to the United States, this state, or a political
subdivision of this state; or (3) a security interest in a
watercraft created by a manufacturer or dealer who holds the
watercraft for sale.
86B.880 Security interests. Subdivision 1. Validity. Unless excepted
by section 86B.875,
a security interest in a titled watercraft is not valid against
creditors of the owner or subsequent transferees or secured parties
of the watercraft unless perfected as provided in this chapter.
Subd. 2. Perfection. A security interest is perfected by the
delivery to the commissioner of the existing certificate of title, if
any, or an application for a certificate of title, containing the
name and address of the secured party, the date of the security
agreement, and the required fee. A security interest is perfected as
of the time of the delivery. The method provided in this chapter is
exclusive.
86B.885 Owner-created security interest. Paragraphs (a) to (d) apply if an owner
creates a security interest in a titled watercraft. (a) The
owner shall immediately execute the application in the space provided
on the certificate of title or on a separate form prescribed by the
commissioner, show the name and address of the secured party on the
certificate, and have the certificate, application, and required fee
delivered to the secured party. (b) The secured party shall
immediately have the certificate, application, and required fee
mailed or delivered to the commissioner. (c) Upon request of the
owner or subordinate secured party, a secured party in possession of
the certificate of title shall either (1) mail or deliver the
certificate to the subordinate secured party for delivery to the
commissioner, or (2) upon receiving from the subordinate secured
party the owner's application and the required fee, mail or deliver
them to the commissioner with the certificate. The delivery of the
certificate does not affect the rights of the first secured party
under the security agreement. (d) Upon receiving the certificate
of title, application, and required fee, the commissioner shall
either endorse on the certificate or issue a new certificate
containing the name and address of the new secured party, and mail or
deliver the certificate to the first secured party named on it. 86B.890 Licensed watercraft previously perfected. If a security interest in a
previously licensed watercraft is perfected under other applicable
Minnesota law on January 1, 1991, the security interest continues
perfected: (1) until its perfection lapses under the law under
which it was perfected or would lapse in the absence of a further
filing; or (2) until a certificate of title for the watercraft is
issued and the security interest is perfected under section 86B.880.The assignment, release, or satisfaction of a security interest
in a previously licensed watercraft is governed by the laws under
which it was perfected.
86B.895 Satisfaction of security interest. Subdivision 1. Release. Upon the
satisfaction of a security interest in a watercraft for which the
certificate of title is in the possession of the secured party, the
secured party, within 15 days, shall execute a release of the
security interest in the space provided on the certificate or as
prescribed by the commissioner, and mail or deliver the certificate
and release to the next secured party named or, if none, to the owner
or a person who delivers to the secured party an authorization from
the owner to receive the certificate. The owner, other than a dealer
holding the watercraft for resale, shall promptly have the
certificate, the release, and the required fee mailed or delivered to
the commissioner, who shall release the secured party's rights on the
certificate or issue a new certificate. Subd. 2. Release of
subordinate security interest. Upon the satisfaction of a
security interest in a watercraft for which the certificate of title
is in the possession of a prior secured party, the secured party
whose security interest is satisfied shall execute a release in the
form prescribed by the commissioner and, within 15 days after
satisfaction, deliver the release to the owner or a person who
delivers to the secured party.
86B.900 Disclosure of security agreement. A secured party named in a certificate
of title, upon written request of the owner or other secured party
named on the certificate, must disclose pertinent information about
the security agreement and the indebtedness secured by it.
86B.905 Effect of suspension or revocation on security interest.
Suspension or revocation of a certificate of title does not, in
itself, affect the validity of a security interest noted on it. 86B.910 Previously licensed watercraft undisclosed security interests.
If the commissioner is not satisfied that there are no undisclosed
security interests created before the watercraft is initially titled,
the commissioner may, in addition to its options under section 86B.830,
subdivision 4, issue a distinctive certificate of title for the
watercraft containing the legend: "This watercraft may be subject to
an undisclosed lien," and any other information the commissioner
prescribes.
86B.915 Liens attaching to watercraft. (a) A nonpossessory lien on a titled
watercraft is not perfected unless a lien statement is filed with the
commissioner. (b) The lien statement must include: (1) the
watercraft owner's name and address; (2) the statute under which
the lien is taken; (3) the name and address of the lienholder;
and (4) the title number of the watercraft. (c) The
commissioner shall note the time and date of filing the lien
statement.
86B.920 Stolen watercraft. Subdivision 1. Duty of peace officers.
A peace officer aware of a stolen or converted watercraft shall
immediately furnish the commissioner with information concerning the
theft or conversion. Subd. 2. Duty of commissioner. The
commissioner, upon receiving a report of the theft or conversion of a
watercraft, shall record the report information, including the make
of the stolen or converted watercraft and its builder's hull
identification number, if any. The commissioner shall prepare a list
of watercraft reported stolen and those recovered as disclosed by the
reports submitted. The report may be distributed as the commissioner
deems advisable. Subd. 3. Duty of owner. If a stolen or
converted watercraft is recovered, the owner shall immediately notify
the commissioner.

USA Statutes : minnesota