Watercraft Carrying Passengers for Hire

**2006 Indiana Laws**

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Prepared for

Passenger Vessel Safety on Sole State Waters Symposium

National Transportation Safety Board Academy

October 4 -- 5, 2006

Ashburn Virginia

**[Table of Contents]{.underline}**

[Subject Page]{.underline}

**Indiana Code**

I.C. 14-8-2 Definitions 3-7

I.C. 14-15-6 Passenger Boats 8-11

**Indiana Administrative Code**

312 IAC 5-2 Definitions 12-20

312 IAC 5-14 Watercraft Carrying Passengers for Hire 21-37

**Justifications and Standards** 38-45

Compiled by: Major Samuel E. Purvis

Boating Law Administrator, Indiana

**Indiana Code**

I.C. 14-8-2 Definitions

**IC 14-8-2**\
**    ** Chapter 2. Definitions

**IC 14-8-2-25**\
**\"Boat\"\
    ** Sec. 25. \"Boat\", for purposes of IC 14-15, means watercraft.\
*As added by P.L.1-1995, SEC.1.*

**IC 14-8-2-36**\
**\"Carry passengers for hire\"\
    ** Sec. 36. (a) \"Carry passengers for hire\", for purposes of
IC 14-15, means the carrying or transportation of passengers for a
passage or trip in consideration of a fare or charge.

    (b) The term does not include the following:\
        (1) The carrying or transportation of passengers or guests
without charge.\
        (2) The leasing or rental of a watercraft to a lessee to be
operated by the lessee as the lessee\'s own for an hour, a day, a week,
or other fixed period.\
*As added by P.L.1-1995, SEC.1.*

**IC 14-8-2-129**\
**\"Idle speed\"\
    ** Sec. 129. \"Idle speed\", for purposes of IC 14-15-3-17, means
the slowest possible speed, not exceeding five (5) miles per hour, that
maintains steerage so that the wake or wash created by the watercraft is
minimal.\
*As added by P.L.1-1995, SEC.1. Amended by P.L.38-2000, SEC.1.*

**IC 14-8-2-137**

**\"Lake\"\
    ** Sec. 137. \"Lake\" has the following meaning:\
        (1) For purposes of IC 14-9-9 and IC 14-15, a natural or an
artificial lake.\
        (2) For purposes of IC 14-26-3, the meaning set forth in
IC 14-26-3-1.\
*As added by P.L.1-1995, SEC.1. Amended by P.L.137-1997, SEC.2.*

**IC 14-8-2-148**\
**\"Law enforcement officer\"\
    ** Sec. 148. \"Law enforcement officer\" has the following
meanings:\
        (1) For purposes of IC 14-15-8, the meaning set forth in
IC 14-15-8-4.\
        (2) For purposes of IC 14-22-40, the meaning set forth in
IC 14-22-40-5.\
*As added by P.L.1-1995, SEC.1. Amended by P.L.133-1996, SEC.5.*

**IC 14-8-2-169**\
**\"Motorboat\"\
    ** Sec. 169. (a) \"Motorboat\", for purposes of IC 14-15, except as
provided in subsection (c), means a watercraft propelled by:\
        (1) an internal combustion, steam, or electrical inboard or
outboard motor or engine; or\
        (2) any mechanical means.\
    (b) The term includes sailboats that are equipped with a motor or an
engine described in subsection (a) when the motor or engine is in
operation, whether or not the sails are hoisted.\
    (c) \"Motorboat\", for purposes of IC 14-15-11, has the meaning set
forth in IC 14-15-11-6.\
    (d) The term includes a personal watercraft (as defined in section
202.5 of this chapter).\
*As added by P.L.1-1995, SEC.1. Amended by P.L.57-1995, SEC.6.*

**IC 14-8-2-188**\
**\"Operate\"\
    ** Sec. 188. \"Operate\" has the following meaning:\
        (1) For purposes of IC 14-15, the act of navigating, driving,
steering, sailing, rowing, paddling, or otherwise moving or exercising
physical control over the movement of a watercraft.\
        (2) For purposes of IC 14-16-1, the meaning set forth in
IC 14-16-1-4.\
*As added by P.L.1-1995, SEC.1. Amended by P.L.186-2003, SEC.31.*

**IC 14-8-2-195**\
**\"Owner\"\
    ** Sec. 195. \"Owner\" has the following meaning:\
        (1) For purposes of IC 14-11-4, the meaning set forth in
IC 14-11-4-2.\
        (2) For purposes of IC 14-15, a person who has the legal title
to a watercraft.\
        (3) For purposes of IC 14-16-1, the meaning set forth in
IC 14-16-1-6.\
        (4) For purposes of IC 14-25-4, the meaning set forth in
IC 14-25-4-4.\
        (5) For purposes of IC 14-27-7, the meaning set forth in
IC 14-27-7-1.\
        (6) For purposes of IC 14-27-7.5, the meaning set forth in
IC 14-27-7.5-4.\
        (7) For purposes of IC 14-36, the term includes the following:\
            (A) Owners in fee.\
            (B) Life tenants.\
            (C) Tenants for years.\
            (D) Holders of remainder of reversionary interests.\
            (E) Holders of leaseholds or easements.\
            (F) Holders of mineral rights.\
        (8) For purposes of IC 14-37, a person who has the right to
drill into and produce from a pool and to appropriate the oil and gas
produced from the pool for:\
            (A) the person or others; or\
            (B) the person and others.\
        (9) For the purposes of IC 14-22-10-2, the meaning set forth in
IC 14-22-10-2(c).\
*As added by P.L.1-1995, SEC.1. Amended by P.L.178-1995, SEC.2;
P.L.138-1997, SEC.1; P.L.148-2002, SEC.3; P.L.186-2003, SEC.33.*

**IC 14-8-2-202**\
**\"Person\"\
    ** Sec. 202. (a) \"Person\" means, except as provided in subsections
(b) through (j), an individual, a partnership, an association, a
fiduciary, an executor or administrator, a limited liability company, or
a corporation.\
    (b) \"Person\", for purposes of IC 14-12-2, has the meaning set
forth in IC 14-12-2-3.\
    (c) \"Person\", for purposes of IC 14-16, IC 14-22-28, IC 14-24,
IC 14-26-2, IC 14-28-1, IC 14-28-3, IC 14-29-6, and IC 14-38-2, means an
individual, a partnership, an association, a fiduciary, an executor or
administrator, a limited liability company, a corporation, other legal
entity, the state, or an agency, a political subdivision, or another
instrumentality of the state.\
    (d) \"Person\", for purposes of IC 14-12-1, IC 14-12-2, IC 14-20-1,
IC 14-21, IC 14-25 through IC 14-29, except as otherwise provided in
this section, IC 14-33, IC 14-34, and IC 14-37, means an individual, a
partnership, an association, a fiduciary, an executor or administrator,
a limited liability company, a corporation, or a governmental entity.\
    (e) \"Person\", for purposes of IC 14-22-31.5, has the meaning set
forth in IC 14-22-31.5-2.\
    (f) \"Person\", for purposes of IC 14-25-3, has the meaning set
forth in IC 14-25-3-1.\
    (g) \"Person\", for the purposes of IC 14-25-7, has the meaning set
forth in IC 14-25-7-5.\
    (h) \"Person\", for purposes of IC 14-34, means an individual, a
partnership, a limited liability company, an association, a society, a
joint stock company, a firm, a company, a corporation, or other business
organization.\
    (i) \"Person\", for purposes of IC 14-38-1, has the meaning set
forth in IC 14-38-1-2.\
    (j) \"Person\", for purposes of IC 14-24-12, has the meaning set
forth in IC 14-24-12-4.\
*As added by P.L.1-1995, SEC.1. Amended by P.L.132-1996, SEC.4;
P.L.134-1996, SEC.2; P.L.155-2002, SEC.3 and P.L.158-2002, SEC.2.*

**IC 14-8-2-202.5**\
**\"Personal watercraft\"\
    ** Sec. 202.5. \"Personal watercraft\", for purposes of IC 14-15,
means a watercraft:\
        (1) whose primary source of motive power is an inboard motor
powering a water jet pump; and\
        (2) that is designed to be operated by a person who sits,
stands, or kneels on the surface of the watercraft rather than sitting
or standing inside the watercraft.\
*As added by P.L.57-1995, SEC.7.*

**IC 14-8-2-226**\
**\"Public waters\"\
    ** Sec. 226. \"Public waters\", for purposes of IC 14-15, means
every lake, river, stream, canal, ditch, and body of water that is:\
        (1) subject to the jurisdiction of the state; or\
        (2) owned or controlled by a public utility.\
*As added by P.L.1-1995, SEC.1.*

**IC 14-8-2-301**\
**\"Wake\" or \"wash\"\
    ** Sec. 301. \"Wake\" or \"wash\", for purposes of IC 14-15, means a
track left by a watercraft causing waves that:\
        (1) disrupt other water sport activities; or\
        (2) may cause injury or damage to individuals, watercraft, or
property.\
*As added by P.L.1-1995, SEC.1.*

**IC 14-8-2-305**\
**\"Watercraft\"\
    ** Sec. 305. \"Watercraft\", for purposes of IC 14-15 and
IC 14-29-8, means any instrumentality or device in or by means of which
a person may be transported upon the public water of Indiana. The term
includes a motorboat, sailboat, rowboat, skiff, dinghy, or canoe:\
        (1) of any length or size; and\
        (2) whether or not used to carry passengers for hire.\
*As added by P.L.1-1995, SEC.1.*

**IC 14-8-2-307**\
**\"Water of the state\"\
    ** Sec. 307. \"Water of the state\", for purposes of IC 14-22, means
a lake, reservoir, marsh, waterway, or other water:\
        (1) under public:\
            (A) ownership;\
            (B) jurisdiction; or\
            (C) lease; or\
        (2) that has been used by the public with the acquiescence of
any or all riparian owners.\
*As added by P.L.1-1995, SEC.1.*

**Indiana Code**

I.C. 14-15-6 Passenger Boats

**CHAPTER 6\
PASSENGER BOATS**

Section

14-15-6-1. Conditions - Expiration of certificate of inspection and
registration.

14-15-6-2. Inspection of boat.

14-15-6-3. Fees.

14-15-6-4. Periodic inspection - Suspension of operation of certificate.

14-15-6-5. Use without certificate prohibited.

14-15-6-6. Contents of certificate.

14-15-6-7. Weight to be painted on boat.

14-15-6-8. Operation in excess of maximum weight prohibited.

14-15-6-9. Notice of sale of passenger boat - Issuance of new
certificate.

14-15-6-10. Violation - Penalty.

14-15-6-1. Conditions - Expiration of certificate of inspection and
registration.

\(a\) A person may not operate a boat upon public water to carry
passengers for hire unless the following conditions are met:

\(1\) The department has inspected and registered the boat.

\(2\) A certificate of inspection and registration issued by the
department is affixed to the boat in a prominent place within the clear
view of the passengers.

\(b\) A certificate of inspection and registration expires one (1)
calendar year after the date on which the watercraft was inspected.
However, the department may extend the expiration date for not more than
thirty (30) days if conditions exist that would prevent the inspection
of the watercraft before the first anniversary of the previous
inspection.

\[P.L.1-1995, § 8; P.L.136-1997, § 4.\]

14-15-6-2. Inspection of boat.

\(a\) Before issuing a certificate of inspection and registration for a
passenger boat, the department shall have the boat, including all
motors, machinery, and equipment, thoroughly and carefully inspected by
a competent person.

\(b\) If the department finds that:

\(1\) The boat, including motors, machinery, and equipment, is:

\(A\) Of a suitable design and construction for the service in which the
boat is or is to be employed; and

\(B\) In a good, safe, and sound operating condition and state of repair
that warrants the belief that the boat can be operated with safety in
the service;

\(2\) The boat, including motors, machinery, and equipment, is in
compliance with this article and the rules adopted under this article;
and

\(3\) Property tax under IC 6-1.1 is not owed on the boat, as evidenced
by the tax receipt for payment from the appropriate county treasurer;

the department shall register the boat and issue a certificate.

\(c\) If the department does not find the conditions in subsection (b),
the department shall immediately notify the owner of the boat why the
boat fails to meet the requirements.

\[P.L.1-1995, § 8.\]

14-15-6-3. Fees.

\(a\) The department shall charge and collect a fee for the following:

\(1\) Each annual dockside inspection.

\(2\) Each dry dock inspection, which shall be conducted at least one
(1) time every sixty (60) months.

\(b\) The following fees shall be charged:

\(1\) All watercraft, except sailboats, carrying not more than six (6)
passengers for hire on navigable water of Indiana:\
\
(A) Dockside inspection \...\...\...\.... \$ 50\
\
(B) Dry dock inspection \...\...\...\.... \$ 75\
\
(2) All watercraft, except sailboats, carrying not more than six (6)
passengers for hire on inland water of Indiana:\
\
(A) Dockside inspection \...\...\...\.... \$ 30\
\
(B) Dry dock inspection \...\...\...\.... \$ 30\
\
(3) All watercraft, except sailboats, carrying more than six (6)
passengers for hire on inland water of Indiana:\
\
(A) Dockside inspection \...\...\...\.... \$ 75\
\
(B) Dry dock inspection \...\...\...\.... \$ 100\
\
(4) All watercraft propelled primarily by sail that carry passengers for
hire on navigable or inland water of Indiana:\
\
(A) Dockside inspection \...\...\...\.... \$ 50\
\
(B) Dry dock inspection \...\...\...\.... \$ 75

\[P.L.1-1995, § 8.\]

14-15-6-4. Periodic inspection - Suspension of operation of certificate.

\(a\) The department may:

\(1\) Periodically; and

\(2\) With or without notice;

inspect a registered passenger boat.

\(b\) If the department finds from the inspection that the boat would
not be entitled to registration if registration were sought at that
time, the department shall immediately notify the owner of the boat the
reason the boat fails to meet the requirements. The department may:

\(1\) Take possession of a certificate of inspection and registration
issued for the boat; and

\(2\) Suspend the operation of the certificate of inspection and
registration;

pending the correction of the deficiencies.

\[P.L.1-1995, § 8.\]

14-15-6-5. Use without certificate prohibited.

The owner of a passenger boat whose registration has been suspended
under section 4 \[IC 14-15-6-4\] of this chapter may not use the boat or
permit the boat to be used to carry passengers for hire until:

\(1\) The deficiencies have been corrected; and

\(2\) The certificate of inspection and registration has been issued or
restored.

\[P.L.1-1995, § 8.\]

14-15-6-6. Contents of certificate.

Each certificate of inspection and registration must certify that the
inspection has been made and must set forth, among other things, the
following:

\(1\) The date of inspection.

\(2\) A description of the boat, including motors, machinery and
equipment.

\(3\) The age of the boat.

\(4\) The maximum weight, including both passengers and property, that
may safely be carried on the boat.

\[P.L.1-1995, § 8.\]

14-15-6-7. Weight to be painted on boat.

A person may not operate a passenger boat unless there is painted on the
outside of the boat, both to starboard and to port and in a conspicuous
place, the maximum weight, including passengers and property, that may
safely be carried on the boat, as set forth in the certificate.

\[P.L.1-1995, § 8.\]

14-15-6-8. Operation in excess of maximum weight prohibited.

A person may not operate a passenger boat with persons or property on
board in excess of the maximum weight, including passengers and
property, that may safely be carried on the boat, as set forth in the
certificate.

\[P.L.1-1995, § 8.\]

14-15-6-9. Notice of sale of passenger boat - Issuance of new
certificate.

\(a\) Upon the sale of a passenger boat, the purchaser shall within ten
(10) days do the following at the same time:

\(1\) Give notice in writing to the department of the sale and the date
of the sale.

\(2\) Surrender the certificate to the department for cancellation.

\(b\) The department shall, upon receipt, issue a new certificate of
inspection and registration to the purchaser. The department shall
charge and collect a fee of five dollars (\$5) for issuing the
certificate.

\[P.L.1-1995, § 8.\]

14-15-6-10. Violation - Penalty.

A person who violates this chapter commits a Class C infraction.

\[P.L.1-1995, § 8.\]

**Indiana Administrative Code**

312 IAC 5-2 Definitions

**ARTICLE 5. WATERCRAFT OPERATIONS ON PUBLIC WATERS OF INDIANA**

**Rule 2. Definitions**

**312 IAC 5-2-1 Applicability**

Authority: IC 14-10-2-4; IC 14-11-2-1; IC 14-15-7-3

Affected: IC 14

Sec. 1. The definitions in this rule are in addition to those in 312 IAC
1-1 and apply throughout this article. *(Natural ResourcesCommission;
312 IAC 5-2-1; filed Mar 23, 2001, 2:50 p.m.: 24 IR 2364, eff Jan 1,
2002)*

**312 IAC 5-2-2 "B-1" defined**

Authority: IC 14-10-2-4; IC 14-11-2-1; IC 14-15-7-3

Affected: IC 14

Sec. 2. "B-1" means a hand portable fire extinguisher suitable for
extinguishing fires involving flammable liquids and greases containing
one and three-fourths (1¾) gallons of foam, four (4) pounds of carbon
dioxide, and two (2) pounds of dry chemicals. *(Natural Resources
Commission; 312 IAC 5-2-2; filed Mar 23, 2001, 2:50 p.m.: 24 IR 2364,
eff Jan 1, 2002)*

**312 IAC 5-2-3 "B-2" defined**

Authority: IC 14-10-2-4; IC 14-11-2-1; IC 14-15-7-3

Affected: IC 14

Sec. 3. "B-2" means a hand portable fire extinguisher suitable for
extinguishing fires involving flammable liquids and greases containing
two and one-half (2½) gallons of foam, fifteen (15) pounds of carbon
dioxide, and ten (10) pounds of dry chemicals. *(Natural Resources
Commission; 312 IAC 5-2-3; filed Mar 23, 2001, 2:50 p.m.: 24 IR 2364,
eff Jan 1, 2002)*

**312 IAC 5-2-4 "Bell" defined**

Authority: IC 14-10-2-4; IC 14-11-2-1; IC 14-15-7-3

Affected: IC 14

Sec. 4. "Bell" means a sound signaling device made of
corrosion-resistant material and designed to give a clear tone not less
than one hundred ten (110) decibels at a distance of one (1) meter. The
diameter of the mouth of a bell shall be not less than thirty (30)
centimeters for a watercraft at least twenty (20) meters long and not
less than twenty (20) centimeters for a watercraft at least twelve (12)
meters but less than twenty (20) meters long. *(Natural Resources
Commission; 312 IAC 5-2-4; filed Mar 23, 2001, 2:50 p.m.: 24 IR 2364,
eff Jan 1, 2002)*

**312 IAC 5-2-5 "Boat race" defined**

Authority: IC 14-10-2-4; IC 14-11-2-1; IC 14-15-7-3

Affected: IC 14

Sec. 5. "Boat race" means a contest of speed, skill, or efficiency
involving one (1) or more watercraft. The term includes:

\(1\) practice sessions;

\(2\) qualifications; and

\(3\) parades;

on a public water preparatory to a contest. *(Natural Resources
Commission; 312 IAC 5-2-5; filed Mar 23, 2001, 2:50 p.m.: 24 IR 2364,
eff Jan 1, 2002)*

**312 IAC 5-2-6 "Carry passengers for hire" defined**

Authority: IC 14-10-2-4; IC 14-11-2-1; IC 14-15-7-3

Affected: IC 14

Sec. 6. "Carry passengers for hire" means to carry or transport
passengers for a passage or trip in consideration of a fare or charge.
The phrase does not mean to carry or transport passengers or guests
without charge or to lease or rent a watercraft to a lessee to be
operated by the lessee as the lessee's for an hour, a day, a week, or
other fixed period of time. *(Natural Resources Commission; 312 IAC
5-2-6; filed Mar 23, 2001, 2:50 p.m.: 24 IR 2365, eff Jan 1, 2002)*

**312 IAC 5-2-7 "Daytime" defined**

Authority: IC 14-10-2-4; IC 14-11-2-1; IC 14-15-7-3

Affected: IC 14

Sec. 7. "Daytime" means sunrise to sunset, where the times of sunrise
and sunset are determined by the United States Weather Bureau. *(Natural
Resources Commission; 312 IAC 5-2-7; filed Mar 23, 2001, 2:50 p.m.: 24
IR 2365, eff Jan 1, 2002)*

**312 IAC 5-2-8 "Deck rail" defined**

Authority: IC 14-10-2-4; IC 14-11-2-1; IC 14-15-7-3

Affected: IC 14

Sec. 8. "Deck rail" means a guard structure along the outer edge of a
watercraft deck consisting of vertical solid or tubular posts and
horizontal courses made of metal tubing, wood, cable, rope, or another
suitable material. *(Natural Resources Commission; 312 IAC 5-2-8; filed
Mar 23, 2001, 2:50 p.m.: 24 IR 2365, eff Jan 1, 2002)*

**312 IAC 5-2-9 "Division" defined**

Authority: IC 14-10-2-4; IC 14-11-2-1; IC 14-15-7-3

Affected: IC 14-9-4-1

Sec. 9. "Division", notwithstanding 312 IAC 1-1-13, means the division
of law enforcement created under IC 14-9-4-1. *(Natural Resources
Commission; 312 IAC 5-2-9; filed Mar 23, 2001, 2:50 p.m.: 24 IR 2365,
eff Jan 1, 2002)*

**312 IAC 5-2-10 "Division director" defined**

Authority: IC 14-10-2-4; IC 14-11-2-1; IC 14-15-7-3

Affected: IC 14-9-8-6

Sec. 10. "Division director", notwithstanding 312 IAC 1-1-14, refers to
the director of the division appointed under IC 14-9-8- 6. *(Natural
Resources Commission; 312 IAC 5-2-10; filed Mar 23, 2001, 2:50 p.m.: 24
IR 2365, eff Jan 1, 2002)*

**312 IAC 5-2-11 "Dockside inspection" defined**

Authority: IC 14-10-2-4; IC 14-11-2-1; IC 14-15-7-3

Affected: IC 14

Sec. 11. "Dockside inspection" means an examination of a watercraft
while moored alongside a dock and afloat in the water so that all of the
exterior above the waterline and the interior of the watercraft may be
examined. *(Natural Resources Commission; 312 IAC 5-2-11; filed Mar 23,
2001, 2:50 p.m.: 24 IR 2365, eff Jan 1, 2002)*

**312 IAC 5-2-12 "Drydock inspection" defined**

Authority: IC 14-10-2-4; IC 14-11-2-1; IC 14-15-7-3

Affected: IC 14

Sec. 12. "Drydock inspection" means an examination of a watercraft
outside the water and supported so all the exterior and interior of the
watercraft may be examined. *(Natural Resources Commission; 312 IAC
5-2-12; filed Mar 23, 2001, 2:50 p.m.: 24 IR2365, eff Jan 1, 2002)*

**312 IAC 5-2-13 "Flexible vibration hose" defined**

Authority: IC 14-10-2-4; IC 14-11-2-1; IC 14-15-7-3

Affected: IC 14

Sec. 13. "Flexible vibration hose" means nonrigid tubing that is:

\(1\) noncombustible or self-extinguishing; and

\(2\) not affected by the motion of the watercraft or machinery to which
it is connected or attached. *(Natural Resources Commission; 312 IAC
5-2-13; filed Mar 23, 2001, 2:50 p.m.: 24 IR 2365, eff Jan 1, 2002)*

**312 IAC 5-2-14 "General maintenance" defined**

Authority: IC 14-10-2-4; IC 14-11-2-1; IC 14-15-7-3

Affected: IC 14

Sec. 14. "General maintenance" means drydocking or hauling out of a
watercraft for painting or cleaning the hull and rudder or the changing
of a propeller shaft and associated bearing. *(Natural Resources
Commission; 312 IAC 5-2-14; filed Mar 23, 2001, 2:50 p.m.: 24 IR 2365,
eff Jan 1, 2002)*

**312 IAC 5-2-15 "Good marine practice and standards" defined**

Authority: IC 14-10-2-4; IC 14-11-2-1; IC 14-15-7-3

Affected: IC 14

Sec. 15. "Good marine practice and standards" means methods and ways of
maintaining, operating, equipping, repairing, and restructuring a
watercraft as determined by a marine inspector. In making the
determination, a marine inspector shall use commonly accepted standards,
including the following:

\(1\) 46 CFR 1.01 through 46 CFR 552.5.

\(2\) The standards of the American Boat and Yacht Council.

\(3\) The standards of the Boating Industry Association. *(Natural
Resources Commission; 312 IAC 5-2-15; filed Mar 23, 2001, 2:50 p.m.: 24
IR 2365, eff Jan 1, 2002)*

**312 IAC 5-2-16 "Graywater" defined**

Authority: IC 14-10-2-4; IC 14-11-2-1; IC 14-15-7-3

Affected: IC 14

Sec. 16. "Graywater" means galley, bath, and shower water, as well as
wastewater from laboratory sinks, laundry, interior deck drains, water
fountains, and shop sinks. *(Natural Resources Commission; 312 IAC
5-2-16; filed Mar 23, 2001, 2:50 p.m.: 24 IR 2366, eff Jan 1, 2002)*

**312 IAC 5-2-17 "Idle speed" defined**

Authority: IC 14-10-2-4; IC 14-11-2-1; IC 14-15-7-3

Affected: IC 14

Sec. 17. "Idle speed" means the slowest possible speed, not exceeding
five (5) miles per hour, so as to maintain steerage whereby the wake or
wash created by a watercraft is minimal. *(Natural Resources Commission;
312 IAC 5-2-17; filed Mar 23, 2001, 2:50 p.m.: 24 IR 2366, eff Jan 1,
2002)*

**312 IAC 5-2-18 "Inland waterway" defined**

Authority: IC 14-10-2-4; IC 14-11-2-1; IC 14-15-7-3

Affected: IC 14

Sec. 18. "Inland waterway" means a public water that is not a navigable
waterway. *(Natural Resources Commission; 312 IAC 5-2-18; filed Mar 23,
2001, 2:50 p.m.: 24 IR 2366, eff Jan 1, 2002)*

**312 IAC 5-2-19 "Marine inspector" defined**

Authority: IC 14-10-2-4; IC 14-11-2-1; IC 14-15-7-3

Affected: IC 14

Sec. 19. "Marine inspector" means a department marine safety officer, a
conservation officer, or another person employed by the department and
trained in watercraft inspection and operator testing procedures.
*(Natural Resources Commission; 312 IAC 5-2- 19; filed Mar 23, 2001,
2:50 p.m.: 24 IR 2366, eff Jan 1, 2002)*

**312 IAC 5-2-20 "Marine sanitation device" defined**

Authority: IC 14-10-2-4; IC 14-11-2-1; IC 14-15-7-3

Affected: IC 14

Sec. 20. "Marine sanitation device" includes any equipment for
installation onboard a watercraft that is designed to receive, retain,
treat, or discharge sewage, and any process to treat the sewage.
*(Natural Resources Commission; 312 IAC 5-2-20; filed Mar 23, 2001, 2:50
p.m.: 24 IR 2366, eff Jan 1, 2002)*

**312 IAC 5-2-21 "Motorboat" defined**

Authority: IC 14-10-2-4; IC 14-11-2-1; IC 14-15-7-3

Affected: IC 14

Sec. 21. "Motorboat" means a watercraft propelled by an internal
combustion, steam, or electrical inboard or outboard motor or engine or
by any mechanical means, including sailboats that are equipped with any
such motor or engine when in operation (whether or not the sails are
hoisted). *(Natural Resources Commission; 312 IAC 5-2-21; filed Mar 23,
2001, 2:50 p.m.: 24 IR 2366, eff Jan 1, 2002)*

**312 IAC 5-2-22 "Navigation aid" defined**

Authority: IC 14-10-2-4; IC 14-11-2-1; IC 14-15-7-3

Affected: IC 14

Sec. 22. "Navigation aid" means a device external to a watercraft
intended to assist in determining a position or safe course or in
warning of danger or obstructions to navigation. *(Natural Resources
Commission; 312 IAC 5-2-22; filed Mar 23, 2001, 2:50 p.m.: 24 IR 2366,
eff Jan 1, 2002)*

**312 IAC 5-2-23 "Navigation aid or water recreation structure"
defined**

Authority: IC 14-10-2-4; IC 14-11-2-1; IC 14-15-7-3

Affected: IC 14

Sec. 23. "Navigation aid or water recreation structure" means any of the
following:

\(1\) A buoy.

\(2\) A marker.

\(3\) A flag.

\(4\) A device which is used for the purpose of swimming or extending
the use of water skis, water sleds, or aquaplanes. *(Natural Resources
Commission; 312 IAC 5-2-23; filed Mar 23, 2001, 2:50 p.m.: 24 IR 2366,
eff Jan 1, 2002)*

**312 IAC 5-2-24 "Nighttime" defined**

Authority: IC 14-10-2-4; IC 14-11-2-1; IC 14-15-7-3

Affected: IC 14

Sec. 24. "Nighttime" means sunset to sunrise where times of sunrise and
sunset are determined by the United States Weather Bureau. *(Natural
Resources Commission; 312 IAC 5-2-24; filed Mar 23, 2001, 2:50 p.m.: 24
IR 2366, eff Jan 1, 2002)*

**312 IAC 5-2-25 "Open boat" defined**

Authority: IC 14-10-2-4; IC 14-11-2-1; IC 14-15-7-3

Affected: IC 14

Sec. 25. "Open boat" means a watercraft that has engine areas, fuel tank
compartments, and other spaces (other than weather enclosures) open to
the atmosphere and arranged to prevent the entrapment of flammable gases
in the watercraft. *(Natural Resources Commission; 312 IAC 5-2-25; filed
Mar 23, 2001, 2:50 p.m.: 24 IR 2366, eff Jan 1, 2002)*

**312 IAC 5-2-26 "Permanent structure" defined**

Authority: IC 14-10-2-4; IC 14-11-2-1; IC 14-15-7-3

Affected: IC 14

Sec. 26. "Permanent structure" means a structure that reasonably
requires the use of machinery for installation and removal. Generally
included is any structure in or over a public water that uses poured
concrete, steel sheet piling, timber piling, or fill material for
support. *(Natural Resources Commission; 312 IAC 5-2-26; filed Mar 23,
2001, 2:50 p.m.: 24 IR 2367, eff Jan 1, 2002)*

**312 IAC 5-2-27 "Personal flotation device" defined**

Authority: IC 14-10-2-4; IC 14-11-2-1; IC 14-15-7-3

Affected: IC 14

Sec. 27. "Personal flotation device" means a device that is approved by
the United States Coast Guard under 46 CFR 160. *(Natural Resources
Commission; 312 IAC 5-2-27; filed Mar 23, 2001, 2:50 p.m.: 24 IR 2367,
eff Jan 1, 2002)*

**312 IAC 5-2-28 "Public freshwater lake" defined**

Authority: IC 14-10-2-4; IC 14-11-2-1; IC 14-15-7-3

Affected: IC 14

Sec. 28. "Public freshwater lake" has the meaning set forth in 312 IAC
11-2-17. *(Natural Resources Commission; 312 IAC5-2-28; filed Mar 23,
2001, 2:50 p.m.: 24 IR 2367, eff Jan 1, 2002)*

**312 IAC 5-2-29 "Public water" defined**

Authority: IC 14-10-2-4; IC 14-11-2-1; IC 14-15-7-3

Affected: IC 14

Sec. 29. "Public water" means every lake, river, stream, canal, ditch,
and body of water that is subject to the jurisdiction of Indiana or
owned or controlled by a public utility. *(Natural Resources Commission;
312 IAC 5-2-29; filed Mar 23, 2001, 2:50 p.m. 24 IR 2367, eff Jan 1,
2002)*

**312 IAC 5-2-30 "Recreational watercraft" defined**

Authority: IC 14-10-2-4; IC 14-11-2-1; IC 14-15-7-3

Affected: IC 14

Sec. 30. "Recreational watercraft" means a watercraft not used for
carrying passengers for hire that is either:

\(1\) manufactured or used primarily for noncommercial use; or

\(2\) leased, rented, or chartered to another person for noncommercial
use. *(Natural Resources Commission; 312 IAC 5-2-30; filed Mar 23, 2001,
2:50 p.m.: 24 IR 2367, eff Jan 1, 2002)*

**312 IAC 5-2-31 "Ring life buoy" defined**

Authority: IC 14-10-2-4; IC 14-11-2-1; IC 14-15-7-3

Affected: IC 14

Sec. 31. "Ring life buoy" is a Type IV personal flotation device that is
shaped round or as a horse collar. *(Natural Resources Commission; 312
IAC 5-2-31; filed Mar 23, 2001, 2:50 p.m.: 24 IR 2367, eff Jan 1, 2002)*

**312 IAC 5-2-32 "Sailboat" defined**

Authority: IC 14-10-2-4; IC 14-11-2-1; IC 14-15-7-3

Affected: IC 14

Sec. 32. "Sailboat" means a watercraft propelled primarily by sail.
*(Natural Resources Commission; 312 IAC 5-2-32; filed Mar 23, 2001, 2:50
p.m.: 24 IR 2367, eff Jan 1, 2002)*

**312 IAC 5-2-33 "Small lake" defined**

Authority: IC 14-10-2-4; IC 14-11-2-1; IC 14-15-7-3

Affected: IC 14

Sec. 33. "Small lake" means a body of public water having a surface area
that does not exceed three hundred (300) acres. An adjoining channel
shall not be considered in determining the surface area. Small lakes
connected by a natural or manmade channel less than five hundred (500)
feet wide at its narrowest point shall be considered separately in
determining the surface area. *(Natural Resources Commission; 312 IAC
5-2-33; filed Mar 23, 2001, 2:50 p.m.: 24 IR 2367, eff Jan 1, 2002)*

**312 IAC 5-2-34 "State boating law administrator" defined**

Authority: IC 14-10-2-4; IC 14-11-2-1; IC 14-15-7-3

Affected: IC 14

Sec. 34. "State boating law administrator" means a conservation officer
assigned to administer boating statutes, rules, and education programs
for boating safety. *(Natural Resources Commission; 312 IAC 5-2-34;
filed Mar 23, 2001, 2:50 p.m.: 24 IR 2367, eff Jan 1, 2002)*

**312 IAC 5-2-35 "Suitable material" defined**

Authority: IC 14-10-2-4; IC 14-11-2-1; IC 14-15-7-3

Affected: IC 14

Sec. 35. "Suitable material" means the marine inspector has determined
an item is in keeping with good marine practice and standards. *(Natural
Resources Commission; 312 IAC 5-2-35; filed Mar 23, 2001, 2:50 p.m.: 24
IR 2367, eff Jan 1, 2002)*

**312 IAC 5-2-36 "Type I personal flotation device" defined**

Authority: IC 14-10-2-4; IC 14-11-2-1; IC 14-15-7-3

Affected: IC 14

Sec. 36. "Type I personal flotation device" means a wearable personal
flotation device designed to turn most unconscious persons in the water
from a face down position to a vertical or slightly backward position.
The adult size device provides minimum buoyancy of twenty-two (22)
pounds, and the child size provides a minimum buoyancy of eleven (11)
pounds. *(Natural Resources Commission; 312 IAC 5-2-36; filed Mar 23,
2001, 2:50 p.m.: 24 IR 2367, eff Jan 1, 2002)*

**312 IAC 5-2-37 "Type II personal flotation device" defined**

Authority: IC 14-10-2-4; IC 14-11-2-1; IC 14-15-7-3

Affected: IC 14

Sec. 37. "Type II personal flotation device" means a wearable personal
flotation device designed to turn a person in a vertical or slightly
backward position in the water, although the turning action is not as
pronounced as with a Type I personal flotation device. An adult size
device provides a minimum buoyancy of fifteen and one-half (15½) pounds,
the medium child size provides a minimum buoyancy of eleven (11) pounds,
and the infant and small child sizes provide a minimum buoyancy of seven
(7) pounds. *(Natural Resources Commission; 312 IAC 5-2-37; filed Mar
23, 2001, 2:50 p.m.: 24 IR 2367, eff Jan 1, 2002)*

**312 IAC 5-2-38 "Type III personal flotation device" defined**

Authority: IC 14-10-2-4; IC 14-11-2-1; IC 14-15-7-3

Affected: IC 14

Sec. 38. "Type III personal flotation device" means a wearable personal
flotation device designed so the wearer can place himself or herself in
a vertical or slightly backward position. A Type III personal flotation
device has the same buoyancy as a Type II personal flotation device but
has little or no turning ability. *(Natural Resources Commission; 312
IAC 5-2-38; filed Mar 23, 2001, 2:50 p.m.: 24 IR 2368, eff Jan 1, 2002)*

**312 IAC 5-2-39 "Type IV personal flotation device" defined**

Authority: IC 14-10-2-4; IC 14-11-2-1; IC 14-15-7-3

Affected: IC 14

Sec. 39. "Type IV personal flotation device" means a personal flotation
device designed to be thrown to a person in the water and grasped and
held by the person until rescued. A Type IV personal flotation device is
not designed to be worn. *(Natural Resources Commission; 312 IAC 5-2-39;
filed Mar 23, 2001, 2:50 p.m.: 24 IR 2368, eff Jan 1, 2002)*

**312 IAC 5-2-40 "Type V personal flotation device" defined**

Authority: IC 14-10-2-4; IC 14-11-2-1; IC 14-15-7-3

Affected: IC 14

Sec. 40. "Type V personal flotation device" means a personal flotation
device approved by the United States Coast Guard for a restricted use.
*(Natural Resources Commission; 312 IAC 5-2-40; filed Mar 23, 2001, 2:50
p.m.: 24 IR 2368, eff Jan 1, 2002)*

**312 IAC 5-2-41 "Visible" defined**

Authority: IC 14-10-2-4; IC 14-11-2-1; IC 14-15-7-3

Affected: IC 14

Sec. 41. "Visible" means capable of being seen, by a person of normal
vision, on a dark and clear night. *(Natural Resources Commission; 312
IAC 5-2-41; filed Mar 23, 2001, 2:50 p.m.: 24 IR 2368, eff Jan 1, 2002)*

**312 IAC 5-2-42 "Wake or wash" defined**

Authority: IC 14-10-2-4; IC 14-11-2-1; IC 14-15-7-3

Affected: IC 14

Sec. 42. "Wake or wash" means a track left by a watercraft causing waves
that:

\(1\) disrupt other water sport activities; or

\(2\) may cause injury or damage to persons, watercraft, or property.
*(Natural Resources Commission; 312 IAC 5-2-42; filed Mar 23, 2001, 2:50
p.m.: 24 IR 2368, eff Jan 1, 2002)*

**312 IAC 5-2-43 "Water recreation structure" defined**

Authority: IC 14-10-2-4; IC 14-11-2-1; IC 14-15-7-3

Affected: IC 14

Sec. 43. "Water recreation structure" means a device that is used for
the purpose of swimming or extending the use of water skis, water sleds,
or aquaplanes. The term includes slalom courses and ski jumps. *(Natural
Resources Commission; 312 IAC 5-2-43; filed Mar 23, 2001, 2:50 p.m.: 24
IR 2368, eff Jan 1, 2002)*

**312 IAC 5-2-44 "Water ski event" defined**

Authority: IC 14-10-2-4; IC 14-11-2-1; IC 14-15-7-3

Affected: IC 14

Sec. 44. "Water ski event" means a contest or exhibition among water
skiers. The term includes practice sessions, qualifications, and parades
on a public water preparatory to the event. The term also includes a
water ballet. *(Natural Resources Commission; 312 IAC 5-2-44; filed Mar
23, 2001, 2:50 p.m.: 24 IR 2368, eff Jan 1, 2002)*

**312 IAC 5-2-45 "Watercraft" defined**

Authority: IC 14-10-2-4; IC 14-11-2-1; IC 14-15-7-3

Affected: IC 14

Sec. 45. "Watercraft" means any instrumentality or device in or by means
of which a person may be transported upon the public waters of this
state, and includes every motorboat, sailboat, rowboat, skiff, dinghy,
or canoe of whatever length or size whether or not it is used to carry
passengers for hire. *(Natural Resources Commission; 312 IAC 5-2-45;
filed Mar 23, 2001, 2:50 p.m.: 24 IR 2368, eff Jan 1, 2002)*

**312 IAC 5-2-46 "Waterline or shoreline" defined**

Authority: IC 14-10-2-4; IC 14-11-2-1; IC 14-15-7-3

Affected: IC 14

Sec. 46. "Waterline or shoreline" refers to the waterline or shoreline
of a public freshwater lake as defined in 312 IAC 11-2-28. *(Natural
Resources Commission; 312 IAC 5-2-46; filed Mar 23, 2001, 2:50 p.m.: 24
IR 2368, eff Jan 1, 2002)*

**312 IAC 5-2-47 "Waters of concurrent jurisdiction" defined**

Authority: IC 14-10-2-4; IC 14-11-2-1; IC 14-15-7-3

Affected: IC 14

Sec. 47. "Waters of concurrent jurisdiction" refers to the following
waters within Indiana:

\(1\) Lake Michigan.

\(2\) Ohio River.

\(3\) Wabash River where it forms the boundary between Indiana and
Illinois.

\(4\) Great Miami River. *(Natural Resources Commission; 312 IAC 5-2-47;
filed Mar 23, 2001, 2:50 p.m.: 24 IR 2368, eff Jan 1, 2002; filed Jul
23, 2003, 10:15 a.m.: 26 IR 3868)*

**312 IAC 5-2-48 "Weather deck" defined**

Authority: IC 14-10-2-4; IC 14-11-2-1; IC 14-15-7-3

Affected: IC 14

Sec. 48. "Weather deck" means those portions of the foredeck and
afterdeck of a watercraft that are open and exposed to the

weather. *(Natural Resources Commission; 312 IAC 5-2-48; filed Mar 23,
2001, 2:50 p.m.: 24 IR 2369, eff Jan 1, 2002)*

**312 IAC 5-2-49 "Whistle" defined**

Authority: IC 14-10-2-4; IC 14-11-2-1; IC 14-15-7-3

Affected: IC 14

Sec. 49. "Whistle" means a sound signaling appliance capable of
producing frequencies between the following limits:

\(1\) One hundred thirty (130) to three hundred fifty (350) hertz for a
watercraft seventy-five (75) meters long, but less than two hundred
(200) meters long.

\(2\) Two hundred fifty (250) to five thousand two hundred forty-five
(5,245) hertz for a watercraft less than seventy-five (75) meters long.

*(Natural Resources Commission; 312 IAC 5-2-49; filed Mar 23, 2001, 2:50
p.m.: 24 IR 2369, eff Jan 1, 2002)*

**Indiana Administrative Code**

312 IAC 5-14 Watercraft Carrying Passengers for Hire

**Rule 14. Watercraft Carrying Passengers for Hire**

**312 IAC 5-14-1 Watercraft carrying passengers for hire; application;
delegation; exemptions; maintenance of equipment in a good and
serviceable condition**

Authority: IC 14-10-2-4; IC 14-15-7-3; IC 14-15-7-5

Affected: IC 14-15

Sec. 1. (a) This rule governs the inspection, maintenance, and operation
of watercraft carrying passengers for hire upon public water.

\(b\) Except as provided in subsection (c), a person must not operate a
watercraft carrying passengers for hire unless the person complies with
IC 14-15 and this rule. These requirements apply to the operator and the
owner, regardless of whether an operator or owner is onboard.

\(c\) A person who presents valid and current documentation to evidence
a watercraft is regulated and inspected by the United States Coast
Guard, and who is in conformance with the regulation and inspection, is
exempted from this rule.

\(d\) The division director may authorize a qualified person, other than
an employee of the department, to conduct an inspection or other
function of the department under this rule.

\(e\) An owner must maintain all equipment associated with a watercraft
carrying passengers for hire in a good and serviceable condition as
determined by a marine inspector.

\(f\) Operations relating to a watercraft carrying passengers for hire
must be performed by or on behalf of the owner according to good marine
practice and standards. *(Natural Resources Commission; 312 IAC 5-14-1;
filed Mar 23, 2001, 2:50 p.m.: 24 IR 2389, eff Jan 1, 2002; filed Jan 5,
2005, 11:05 a.m.: 28 IR 1461)*

**312 IAC 5-14-2 Inspections of watercraft carrying passengers for
hire**

Authority: IC 14-10-2-4; IC 14-15-7-3; IC 14-15-7-5

Affected: IC 14-15-6-3

Sec. 2. (a) An owner must annually apply to the department for an
inspection of any watercraft carrying passengers for hire. The
application must be accompanied by a nonrefundable fee according to the
schedule established by IC 14-15-6-3.

\(b\) Upon receipt of the application, the department shall inspect the
watercraft (and its equipment) to determine whether the watercraft
conforms to good marine practice and standards, IC 14-15-6, and this
rule. An inspection shall be conducted at least as frequently as
follows:

> \(1\) One (1) dockside inspection every year.
>
> \(2\) One (1) drydock inspection every sixty (60) months.

\(c\) A watercraft must not be operated until an owner receives approval
of the application.

\(d\) The department may inspect a watercraft carrying passengers for
hire at any other reasonable time. *(Natural Resources Commission; 312
IAC 5-14-2; filed Mar 23, 2001, 2:50 p.m.: 24 IR 2389, eff Jan 1, 2002;
filed Jan 5, 2005, 11:05 a.m.: 28 IR 1461)*

**312 IAC 5-14-3 Drydock inspections; shutoff valves for through-hull
fittings**

Authority: IC 14-10-2-4; IC 14-15-7-3; IC 14-15-7-5

Affected: IC 14

Sec. 3. (a) A watercraft must satisfy a drydock inspection conducted by
a marine inspector before carrying passengers for hire. The department
shall subsequently require successful completion of a drydock inspection
at intervals not to exceed sixty (60) months.

\(b\) Before an inspection, the owner must remove or store each of the
following:

> \(1\) Fishing gear.
>
> \(2\) Coolers.
>
> \(3\) Personal belongings.
>
> \(4\) Any other equipment that may impede the inspection process.

\(c\) Before or during an inspection, the owner must do both of the
following:

> \(1\) Open or remove all hatches or inspection ports.
>
> \(2\) Cause the watercraft to be clean and orderly.

\(d\) During an inspection, the owner must make available for inspection
all of the following:

> \(1\) The hull and appendages.
>
> \(2\) Propellers.
>
> \(3\) Shafting.
>
> \(4\) Stern bearings.
>
> \(5\) Rudders.
>
> \(6\) Through-hull fittings.
>
> \(7\) Sea valves.
>
> \(8\) Strainers.
>
> \(9\) Outdrive units.
>
> \(10\) Outboard power units.
>
> \(11\) Entire interior and exterior of the watercraft.

\(e\) To assure that a watercraft conforms to good marine practice and
standards, a marine inspector may require the owner of the watercraft to
remove portions of the following:

> \(1\) Lining.
>
> \(2\) Decking.
>
> \(3\) Ceiling.
>
> \(4\) Any other obstructions to a complete inspection.

\(f\) An owner must fit any through-hull fittings located below the
waterline of a watercraft with a readily accessible shutoff valve. The
shutoff valve shall be located as closely as practicable to the
through-hull fitting. *(Natural Resources Commission; 312 IAC 5-14-3;
filed Mar 23, 2001, 2:50 p.m.: 24 IR 2390, eff Jan 1, 2002)*

**312 IAC 5-14-4 Main and auxiliary engines**

Authority: IC 14-11-2-1; IC 14-15-7-3; IC 14-15-7-5

Affected: IC 14

Sec. 4. (a) A watercraft designed for inboard or inboard/outboard (stern
drive) main engines must be fitted with the appropriate number of
engines.

\(b\) The main engines must be an appropriate type and designed for the
propulsion requirements of the hull in which the engines are installed
and must be capable of operating at a constant marine load without
exceeding design limitations.

\(c\) If a pump is used to supply raw water for cooling an engine and
its systems, a self-priming pump that operates whenever the engine is
running shall be used.

\(d\) If a main engine is fitted with an updraft or sidedraft
carburetor, the carburetor must have integral or properly connected drip
collectors of adequate capacity for the return of all drip and overflow
to the engine intake manifold.

\(e\) The exhaust pipe system of a main engine must be as follows:

> \(1\) Gastight to the hull interior.
>
> \(2\) Designed and installed to prevent water from returning to an
> engine.
>
> \(3\) Accessible for complete inspection and repair.
>
> \(4\) Supported to prevent undue stress.

A hanger, bracket, or other support must be made of fireproof material
and installed to prevent heat from being transmitted to a combustible
material. A water jacket, lag, shield, or another suitable guard must be
provided to protect an individual or a combustible material from contact
with any hot surface.

\(f\) After consulting with the state boating law administrator, a
boating inspector may establish special requirements that conform to
good marine practice and standards to inspect and evaluate a main engine
that uses any of the following:

> \(1\) Steam.
>
> \(2\) Electricity.
>
> \(3\) A gas turbine.
>
> \(4\) An air screw.
>
> \(5\) A hydraulic jet.
>
> \(6\) Another unusual mechanism.

\(g\) Any auxiliary engine must be installed on a watercraft according
to good marine practice and standards. *(Natural Resources Commission;
312 IAC 5-14-4; filed Mar 23, 2001, 2:50 p.m.: 24 IR 2390, eff Jan 1,
2002; filed Jan 5, 2005, 11:05 a.m.: 28 IR 1462)*

**312 IAC 5-14-5 Gasoline engines; ventilation *(Repealed)***

Sec. 5. *(Repealed by Natural Resources Commission; filed Jan 5, 2005,
11:05 a.m.: 28 IR 1470)*

**312 IAC 5-14-5.1 Gasoline engines; ventilation**

Authority: IC 14-10-2-4; IC 14-15-7-3; IC 14-15-7-5

Affected: IC 14

Sec. 5.1. (a) A watercraft that uses gasoline for electrical generation,
mechanical power, or propulsion must be equipped with a ventilation
system. Each system must meet the standards of 33 CFR Part 183, Subpart
K (Ventilation), and as follows:

> \(1\) A natural ventilation system must provide for a supply opening
> (duct or cowl) that is located:
>
> \(A\) on the exterior surface of the watercraft;
>
> \(B\) in a ventilated compartment; or
>
> \(C\) in a compartment that is open to the atmosphere.
>
> \(2\) A natural ventilation system must be provided for each
> compartment in a watercraft that:
>
> \(A\) contains a permanently installed gasoline engine;
>
> \(B\) has openings between it and a compartment that requires
> ventilation;
>
> \(C\) contains a permanently installed fuel tank and an electrical
> component that is not ignition-protected;
>
> \(D\) contains a fuel tank that vents into that compartment (including
> a portable tank); or
>
> \(E\) contains a nonmetallic fuel tank.
>
> \(3\) An exhaust opening or exhaust duct must originate in the lower
> one-third (\_) of the compartment. Each supply opening or supply duct
> and each exhaust opening or duct in a compartment must be above the
> normal accumulation of bilge water.
>
> \(4\) A powered ventilation system, as follows, must be provided for
> each compartment in a watercraft that has a permanently installed
> gasoline engine with a cranking motor for remote starting:
>
> \(A\) A powered ventilation system consists of one (1) or more exhaust
> blowers.
>
> \(B\) Each intake duct for an exhaust blower must be in the lower
> one-third (\_) of the compartment and above the normal accumulation of
> bilge water.

\(b\) A watercraft that is required to have an exhaust blower must have
a label that is located as close as practicable to each ignition switch,
is in plain view of the operator, and has at least the following
information: WARNING---GASOLINE VAPORS CAN EXPLODE. BEFORE STARTING
ENGINE, OPERATE BLOWER FOR 4 MINUTES AND CHECK ENGINE COMPARTMENT BILGE
FOR GASOLINE VAPORS.

\(c\) The ventilation system must be kept in good operating condition.
Openings must be free of obstructions. Ducts must not be blocked or
torn. Blowers must operate properly. Worn components must be replaced
with equivalent marine-type equipment. *(Natural Resources Commission;
312 IAC 5-14-5.1; filed Jan 5, 2005, 11:05 a.m.: 28 IR 1462)*

**312 IAC 5-14-6 Diesel engines; ventilation *(Repealed)***

Sec. 6. *(Repealed by Natural Resources Commission; filed Jan 5, 2005,
11:05 a.m.: 28 IR 1470)*

**312 IAC 5-14-6.1 Diesel engines; ventilation**

Authority: IC 14-10-2-4; IC 14-15-7-3; IC 14-15-7-5

Affected: IC 14

Sec. 6.1. Power or natural ventilation is not required for a watercraft
equipped with diesel engines but may be used to control compartment
temperature. Power ventilation may be used in the machinery space for
odor control or for personnel comfort while servicing equipment.
*(Natural Resources Commission; 312 IAC 5-14-6.1; filed Jan 5, 2005,
11:05 a.m.: 28 IR 1463)*

**312 IAC 5-14-7 Fixed fuel tanks**

Authority: IC 14-10-2-4; IC 14-15-7-3; IC 14-15-7-5

Affected: IC 14

Sec. 7. (a) A fixed fuel tank on a watercraft must be installed as
follows:

> \(1\) To permit examination with a minimum disturbance to the hull
> structure.
>
> \(2\) With adequate support and bracing to prevent movement. The
> support and braces shall be insulated from contact with the tank
> surfaces with a nonabrasive and nonabsorbent material.
>
> \(3\) With openings for fill and vent pipes and for fuel level gauges,
> where used, on the topmost surfaces of the tank.

Fuel supply lines shall have suitable support, a readily accessible
manually operated, in-line shutoff valve installed as close to the fuel
tank as practicable, and suitable protection from mechanical injury at
supports and where passing through bulkheads and structural members.

\(b\) Each metallic fuel line connecting the fuel tank with the fuel
inlet connection on the engine must be as follows:

> \(1\) Be made of seamless annealed copper, nickel copper, or
> copper-nickel.
>
> \(2\) Except for corrugated flexible fuel line, have a wall thickness
> of at least twenty-nine thousandths (0.029) inch.

\(c\) A filling pipe must be fitted to the highest point of the fuel
tank.

\(d\) A fuel tank must be fitted with a marine-type fuel gauge or a
sounding pipe if sounding cannot be accomplished through the filling
pipe. A filling or sounding pipe must not permit overflow of liquid or
vapor to escape to the inside of a watercraft.

\(e\) A vent pipe must be connected to the top of the fuel tank as
follows:

> \(1\) Installed to prevent accidental water contamination of the fuel
> with a flame arrester that can be cleaned unless the vent is itself a
> flame arrester.
>
> \(2\) Have an inside diameter of at least seven-sixteenths (^7^/~16~)
> inch.
>
> \(3\) Terminate on the hull exterior as far as practicable from hull
> openings and below the deck spaces.

\(f\) A device must not allow fuel to be drawn below the decks.

\(g\) Accessories in a fuel line must be properly supported.

\(h\) A watercraft equipped with a fixed fuel system must not be used to
transport fuel onboard the watercraft outside the fixed fuel system
unless the fuel is transported in conjunction with an auxiliary outboard
engine. Fuel may be transported only in portable fuel tanks provided by
a manufacturer of outboard engines and shall be safely secured outside
the engine or living compartment.

\(i\) During a fueling operation, a person must not smoke onboard and no
passenger may be allowed onboard.

\(j\) A fixed fuel system must be grounded by an electrical connection
to a common ground, by welding or bolting to a metal bulkhead of a metal
hull vessel or by electrical connection to the rudder, struts, or metal
grounding plate. If flexible vibration hose is installed, metal
grounding straps or wires must maintain ground continuity. *(Natural
Resources Commission; 312 IAC 5-14-7; filed Mar 23, 2001, 2:50 p.m.: 24
IR 2391, eff Jan 1, 2002; filed Jan 5, 2005, 11:05 a.m.: 28 IR 1463)*

**312 IAC 5-14-8 Portable fuel tanks**

Authority: IC 14-10-2-4; IC 14-15-7-3; IC 14-15-7-5

Affected: IC 14

Sec. 8. (a) A watercraft with a portable fuel tank system must not carry
fuel onboard unless the fuel is carried in an approved fuel tank.

\(b\) A portable fuel tank must be secured to prevent shifting while
under way. *(Natural Resources Commission; 312 IAC 5-14-8; filed Mar 23,
2001, 2:50 p.m.: 24 IR 2392, eff Jan 1, 2002; filed Jan 5, 2005, 11:05
a.m.: 28 IR 1464)*

**312 IAC 5-14-9 Electrical systems**

Authority: IC 14-10-2-4; IC 14-15-7-3; IC 14-15-7-5

Affected: IC 14

Sec. 9. (a) An electrical system must:

> \(1\) be properly grounded and safe for any anticipated usage; and
>
> \(2\) satisfy 33 CFR 183, Subpart I.

\(b\) Electrical wiring must be placed as follows:

> \(1\) As high as practicable above the bilge water level and other
> areas where water may accumulate. If wiring must be routed in the
> bilge or other areas where water may accumulate, the connections shall
> be watertight.
>
> \(2\) Supported with fasteners that will not damage the wiring or
> structural members of the watercraft. Supported by wiring throughout
> its length or secured at least every eighteen (18) inches.
>
> \(3\) Protected against chafing where passing through bulkheads or
> other structural members.
>
> \(4\) Have wiring routed as far away as practicable from exhaust pipes
> and other heat sources.
>
> \(5\) Connected with crimp-type or another appropriate set-screw
> pressure type. Twist-on (wire nut) type connectors must not be used.
>
> \(6\) Have the proper size of stranded copper with insulation having
> an appropriate size and color.

\(c\) An electrical storage battery must be as follows:

> \(1\) Compatible with the electrical system.
>
> \(2\) Located so gas generated in charging the battery is properly
> ventilated.
>
> \(3\) Easily accessible.
>
> \(4\) Suitably supported and secured against shifting with the motion
> of the watercraft.
>
> \(5\) Located in a tray or box that is liquid tight and large enough
> to retain normal spillage or boilover of the electrolyte. The tray or
> box shall be protected by noncorrosive material.
>
> \(6\) Covered or otherwise suitably protected against an accidental
> short-circuiting of battery terminals. *(Natural Resources Commission;
> 312 IAC 5-14-9; filed Mar 23, 2001, 2:50 p.m.: 24 IR 2392, eff Jan 1,
> 2002;*

*filed Jan 5, 2005, 11:05 a.m.: 28 IR 1464)*

**312 IAC 5-14-10 Electrical equipment**

Authority: IC 14-10-2-4; IC 14-15-7-3; IC 14-15-7-5

Affected: IC 14

Sec. 10. (a) Electrical equipment, appliances, and fixtures installed on
a watercraft must be insulated from exposed metal parts by an electrical
insulating material suitable for use in damp locations and must be
properly connected to the electrical ground system of the watercraft.
Electrical equipment, appliances, and fixtures installed or used in
machinery spaces or where flammable vapors may be present shall be
designed, enclosed, or protected to prevent ignition of the flammable
vapors.

\(b\) Switches, circuit breakers, and fuse boxes or blocks on a
watercraft must be either:

> \(1\) approved by Underwriters Laboratories for marine use; or
>
> \(2\) a type commonly manufactured for use on a watercraft.

The devices described in this subsection shall have suitable protection
against accidental shorting. *(Natural Resources Commission; 312 IAC
5-14-10; filed Mar 23, 2001, 2:50 p.m.: 24 IR 2392, eff Jan 1, 2002)*

**312 IAC 5-14-11 Bilge pumps and bailout devices**

Authority: IC 14-10-2-4; IC 14-15-7-3; IC 14-15-7-5

Affected: IC 14

Sec. 11. (a) A watercraft constructed with bilges or enclosed spaces
below the decks must be fitted with an adequate number and proper size
of bilge pumps so that excess bilge water can be removed from the bilges
at static floating position, and at maximum conditions created by the
boat's motion, heel, and trim. Bilge areas must be accessible by a bilge
pump.

\(b\) A bilge pump with automatic controls must be provided with a
readily accessible manual switch to activate the pump.

\(c\) A pump with automatic controls must be provided with a visual
indication that power is being supplied to the pump.

\(d\) A watercraft must be equipped with a bailing device that is
manually operated. A bucket is not a manually operated bailing device
for purposes of this section. *(Natural Resources Commission; 312 IAC
5-14-11; filed Mar 23, 2001, 2:50 p.m.: 24 IR 2393, eff Jan 1, 2002;
filed Jan 5, 2005, 11:05 a.m.: 28 IR 1464)*

**312 IAC 5-14-12 Passenger capacity**

Authority: IC 14-10-2-4; IC 14-15-7-3; IC 14-15-7-5

Affected: IC 14

Sec. 12. (a) The maximum passenger capacity on a watercraft is the
greatest number that results from application of the following
alternative formulae:

> \(1\) For a watercraft that does not have a watercraft capacity plate,
> the following:
>
> \(A\) One (1) passenger per thirty (30) inches of rail space available
> to passengers at the sides and across the transom of the watercraft.
>
> \(B\) One (1) passenger for ten (10) square feet of deck available for
> passenger use. In computing deck area, the areas occupied by
> concession stands, toilets and washrooms, companionways, and stairways
> are excluded.
>
> \(C\) One (1) passenger per eighteen (18) inches of width of fixed
> seating.
>
> \(2\) For a watercraft that has or is required to have a watercraft
> capacity plate, the following:
>
> \(A\) (Weight capacity minus maximum motor and gear weight) 150 =
> number of passengers.
>
> \(B\) (Watercraft length multiplied by watercraft beam) 15 = number of
> passengers.

\(b\) The marine inspector shall calculate the number of passengers that
may safely be transported on a watercraft carrying passengers for hire.
The number shall be set forth on the certificate of inspection.
*(Natural Resources Commission; 312 IAC 5-14-12; filed Mar 23, 2001,
2:50 p.m.: 24 IR 2393, eff Jan 1, 2002)*

**312 IAC 5-14-13 Repairs and alterations; reinspections**

Authority: IC 14-10-2-4; IC 14-15-7-3; IC 14-15-7-5

Affected: IC 14

Sec. 13. (a) If a watercraft is involved in an accident resulting in
damage, including grounding, or is to be hauled out and drydocked for
major repairs or alterations affecting the seaworthiness of the
watercraft, the owner must immediately report to the department the
nature of the damage repairs or alterations. Damage does not include
breakage of glass, lights, or decorative items.

\(b\) All repairs and alterations shall be approved in advance by the
marine inspector. A marine inspector may require drawings, sketches, or
written specifications.

\(c\) A watercraft must not be returned to service or returned to the
water until all repairs or alterations are completed and the watercraft
is reinspected and approved by a marine inspector. A marine inspector
shall reinspect the watercraft as soon as practicable after being
notified alterations are completed.

\(d\) If corrections or repairs to a watercraft or associated equipment
result from an inspection by a marine inspector, the owner must notify
the marine inspector before returning the watercraft to service or to
the water. A marine inspector shall reinspect the watercraft as soon as
practicable after being notified repairs are completed.

\(e\) A marine inspector shall require an owner to remove a watercraft
from the water or to correct any equipment or condition that poses a
safety hazard.

\(f\) The department shall deny the issuance of a certificate of
inspection if a watercraft is determined to be unsafe to carry
passengers for hire.

\(g\) Notification to the department is not required for general
maintenance drydocking or hauling out. *(Natural Resources Commission;
312 IAC 5-14-13; filed Mar 23, 2001, 2:50 p.m.: 24 IR 2393, eff Jan 1,
2002)*

**312 IAC 5-14-14 Dockside inspections**

Authority: IC 14-10-2-4; IC 14-15-7-3; IC 14-15-7-5

Affected: IC 14

Sec. 14. During a dockside inspection, the owner of a watercraft shall
do both of the following:

> \(1\) Submit all required safety apparatus for dockside inspection.
>
> \(2\) Operate all machinery, steerage, and bilge pumps as needed to
> determine if they are in satisfactory condition and fit for safe and
> constant operation. *(Natural Resources Commission; 312 IAC 5-14-14;
> filed Mar 23, 2001, 2:50 p.m.: 24 IR 2394, eff Jan 1, 2002)*

**312 IAC 5-14-15 Main engine gauges**

Authority: IC 14-10-2-4; IC 14-15-7-3; IC 14-15-7-5

Affected: IC 14

Sec. 15. (a) On a watercraft designed for inboard or inboard/outboard
(stern drive) main engines, the following gauges must be readable from
each helm position:

> \(1\) A gauge to indicate the main engine cooling water temperature
> for each main engine.
>
> \(2\) A gauge to indicate the main engine lubrication oil pressure for
> each main engine.

\(b\) An engine and transmission for inboard propulsion manufactured
after August 1, 1997, must be equipped with an indicator at any helm
position to show the following:

> \(1\) Engine rpm as indicated by a tachometer.
>
> \(2\) Temperature, indicating the approach of unsatisfactorily high
> temperature of the liquid cooling system.
>
> \(3\) For an air-cooled engine, the approach of unsatisfactorily high
> engine or exhaust duct temperature.
>
> \(4\) Oil pressure, indicating insufficient lubricating oil pressure
> for an engine having a pressure lubricating system.
>
> \(5\) Battery charging system, indicating failure of the charging
> system to operate properly. *(Natural Resources Commission; 312 IAC
> 5-14-15; filed Mar 23, 2001, 2:50 p.m.: 24 IR 2394, eff Jan 1, 2002;
> filed Jan 5, 2005, 11:05 a.m.: 28 IR 1465)*

**312 IAC 5-14-16 Personal flotation devices (life preservers or life
jackets)**

Authority: IC 14-10-2-4; IC 14-15-7-3; IC 14-15-7-5

Affected: IC 14

Sec. 16. (a) If a marine inspector determines a personal flotation
device (life preserver or life jacket) carried onboard a watercraft is
not in good and serviceable condition, the marine inspector shall write
on the personal flotation device that the device is no longer
serviceable. The owner of a watercraft must immediately replace any
nonserviceable personal flotation device or must reduce the number of
passengers so as not to exceed the number of serviceable personal
flotation devices.

\(b\) Each personal flotation device must be carried in a suitable
location that is readily accessible to passengers.

\(c\) A container for personal flotation devices must be clearly marked
"Life Preservers" or "Life Jackets" and must set forth the number of
serviceable devices. Letters and numbers must be at least one (1) inch
high and must be a color contrasting with the color of the container.
The container shall indicate the size of the devices. Differing sizes
must be separately stored.

\(d\) A personal flotation device on a documented watercraft must be
marked with the name or documentation number of the watercraft in
characters at least one (1) inch high that contrast with the color of
the device.

\(e\) A personal flotation device on an undocumented watercraft must be
marked with the name or registration number of the watercraft in
characters at least one (1) inch high that contrast with the color of
the device. *(Natural Resources Commission; 312 IAC 5-14-16; filed Mar
23, 2001, 2:50 p.m.: 24 IR 2394, eff Jan 1, 2002; filed Jan 5, 2005,
11:05 a.m.: 28 IR 1465)*

**312 IAC 5-14-17 Fire extinguishers**

Authority: IC 14-10-2-4; IC 14-15-7-3; IC 14-15-7-5

Affected: IC 14

Sec. 17. (a) A watercraft must be equipped with at least the minimum
number of portable fire extinguishers located as follows:

  --------------------- ------------------ ------------------------------
  Watercraft Length     No fixed systems   With approved fixed system

  Less than 26 feet     1 B-I              0

  26 feet to less than  2 B-I or 1 B-II    1 B-I
  40 feet                                  

  40 feet to less than  3 B-I or 1 B-II    2 B-I or 1 B-II
  65 feet               and 1 B-I          

  65 feet to less than  4 B-I or 2 B-II    3 B-I or 2 B-II
  90 feet                                  

  90 feet to less than  5 B-I or 3 B-II    4 B-1 or 3 B-II
  125 feet              and 1 B-I          

  Over 125 feet         6 B-I or 4 B-II    5 B-I or 4 B-II
                        and 1 B-I          
  --------------------- ------------------ ------------------------------

\(b\) A fire extinguisher must have the U.S. Coast Guard approval
162.028 or have an Underwriters Laboratory Marine listing.

\(c\) A portable fire extinguisher without a gauge must be inspected at
least every six (6) months and must have an inspection card attached.

\(d\) A pressure-filled fire extinguisher must be hydrostatically
pressure tested at least every five (5) years.

\(e\) The maintenance required under subsections (c) and (d) must be
performed by a qualified firefighting equipment repair service.
*(Natural Resources Commission; 312 IAC 5-14-17; filed Mar 23, 2001,
2:50 p.m.: 24 IR 2394, eff Jan 1, 2002; filed Jan 5, 2005, 11:05 a.m.:
28 IR 1465)*

**312 IAC 5-14-18 First aid equipment; emergency procedures**

Authority: IC 14-10-2-4; IC 14-15-7-3; IC 14-15-7-5

Affected: IC 14

Sec. 18. (a) At least one (1) standard sixteen (16) unit first aid kit
must be maintained onboard. Included in the kit are the following:

> \(1\) Adhesive bandages.
>
> \(2\) Fingertip and knuckle bandages.
>
> \(3\) Nonstick pads.
>
> \(4\) 36″ × 36″ bandage that can also be used as a sling.
>
> \(5\) Antibiotic ointment.
>
> \(6\) Cold compress.
>
> \(7\) Examination gloves.
>
> \(8\) Ibuprofen tablets.
>
> \(9\) Cleansing wipes.
>
> \(10\) First aid tape.
>
> \(11\) Finger splints.
>
> \(12\) Scissors.
>
> \(13\) Tweezers.
>
> \(14\) Conforming gauze.
>
> \(15\) Sterile eye pads.
>
> \(16\) American Medical Association first aid guidebook.

\(b\) An emergency procedures list must be maintained in a conspicuous
location onboard that includes the following:

> \(1\) The following for marine VHF radio distress:
>
> \(A\) Switch to channel 16 (United States Coast Guard).
>
> \(B\) Signal "MAYDAY" three (3) times.
>
> \(C\) Give the boat name, type, and color.
>
> \(D\) Give the position.
>
> \(E\) Describe the emergency.
>
> \(2\) The following for a person overboard:
>
> \(A\) Post a lookout.
>
> \(B\) Throw over a flotation device or the water light.
>
> \(C\) Do not jump into the water unless the person is a small child,
> elderly, or handicapped.
>
> \(D\) Maneuver to return for pickup.
>
> \(E\) Use additional markers.
>
> \(F\) Get victim onboard.
>
> \(G\) Call for help if necessary.
>
> \(3\) The following for an explosion:
>
> \(A\) Be ready to go overboard with personal flotation device (life
> jacket).
>
> \(B\) When clear of danger, account for all passengers and assist.
>
> \(C\) Stay together.
>
> \(4\) The following for a fire:
>
> \(A\) If possible, use a fire extinguisher.
>
> \(B\) If practicable, jettison burning materials.
>
> \(C\) Reduce air supply.
>
> \(D\) Assemble at opposite end of boat.
>
> \(E\) Prepare to abandon ship. Put on life jacket and signal for help
> by radio or any means available.
>
> \(5\) The following for leaks or damage control:
>
> \(A\) Put on life jacket.
>
> \(B\) Check bilge pump operation.
>
> \(C\) Pull up all decks and floorboards to search for leaks.
>
> \(D\) Slow or stop boat as needed. You may need to stay on plane to
> keep hole above water if appropriate.
>
> \(E\) Stop engine, close sea cock for engine cooling, disconnect hose,
> and place end in bilge. Start engine to act as bilge pump.
>
> \(F\) Cover large hole from outside of boat with mattress or similar
> device.
>
> \(G\) Use radio to call for help: channel 16 (United States Coast
> Guard).

*(Natural Resources Commission; 312 IAC 5-14-18; filed Mar 23, 2001,
2:50 p.m.: 24 IR 2395, eff Jan 1, 2002; filed Jan 5, 2005, 11:05 a.m.:
28 IR 1466)*

**312 IAC 5-14-19 Cooking, heating, and lighting**

Authority: IC 14-10-2-4; IC 14-15-7-3; IC 14-15-7-5

Affected: IC 14-15-2-9

Sec. 19. (a) None of the following may be carried onboard a watercraft
by a person:

> \(1\) Gas.
>
> \(2\) Liquefied gas.
>
> \(3\) Another flammable liquid capable of being used for cooking,
> heating, or lighting.

\(b\) Notwithstanding IC 14-15-2-9, a galley stove that is designed for
gas or liquified gas may be retained onboard. However, electricity must
be used as the exclusive source to power any appliance or equipment used
for heating, cooking, or lighting. The owner, the operator, or a crew
member must be present in the galley when an electric stove is in
operation.

\(c\) Heating and cooking appliances must be each of the following:

> \(1\) Commonly manufactured for use onboard a watercraft.
>
> \(2\) Installed in adequately ventilated areas.
>
> \(3\) Securely fastened to the watercraft.

\(d\) Woodwork and other combustible materials immediately surrounding
heating appliances must be effectively insulated with noncombustible
material. *(Natural Resources Commission; 312 IAC 5-14-19; filed Mar 23,
2001, 2:50 p.m.: 24 IR 2395, eff Jan 1, 2002; filed Jan 5, 2005, 11:05
a.m.: 28 IR 1467)*

**312 IAC 5-14-20 Portable battery operated light (flashlight)**

Authority: IC 14-10-2-4; IC 14-15-7-3; IC 14-15-7-5

Affected: IC 14

Sec. 20. A watercraft must have onboard at least one (1) portable
battery operated light (flashlight) that is powered by D cells or larger
size batteries. *(Natural Resources Commission; 312 IAC 5-14-20; filed
Mar 23, 2001, 2:50 p.m.: 24 IR 2395, eff Jan 1, 2002; filed Jan 5, 2005,
11:05 a.m.: 28 IR 1467)*

**312 IAC 5-14-21 Certificate of inspection; issuance; posting;
revocation**

Authority: IC 14-10-2-4; IC 14-15-7-3; IC 14-15-7-5

Affected: IC 4-21.5-3-8; IC 4-21.5-4; IC 14-15

Sec. 21. (a) Upon satisfactory completion of the required drydock and
annual dockside inspections, the department shall issue a certificate of
inspection to expire one (1) year after the date on which the watercraft
was inspected. The department may extend the expiration date for a
period not to exceed thirty (30) days if conditions exist that would
prevent the inspection of the watercraft before the first anniversary of
the previous inspection.

\(b\) Except as provided in this subsection, the certificate of
inspection must be placed under transparent material and posted
conspicuously on the watercraft. If posting is impracticable, the
certificate must be kept onboard and shown on demand.

\(c\) The department shall issue stickers with each certificate. The
stickers must be affixed conspicuously to the port and starboard sides
of the watercraft.

\(d\) The department may, under IC 4-21.5-3-8 or IC 4-21.5-4, revoke a
certificate issued under this section for any of the following reasons:

> \(1\) Changes occur to a watercraft after the issuance of the
> certificate so that the watercraft no longer meets the minimum
> standards for certification.
>
> \(2\) The owner, the captain, or a crew member violates IC 14-15 or
> this rule.
>
> \(3\) Information significant to the issuance of the certificate has
> been falsified or concealed. *(Natural Resources Commission; 312 IAC
> 5-14-21; filed Mar 23, 2001, 2:50 p.m.: 24 IR 2396, eff Jan 1, 2002;
> filed Jan 5, 2005, 11:05 a.m.: 28 IR 1467)*

**312 IAC 5-14-22 Pilot's license on waters of concurrent jurisdiction**

Authority: IC 14-10-2-4; IC 14-15-7-3; IC 14-15-7-5

Affected: IC 14

Sec. 22. (a) A pilot's license is required to operate a watercraft on
waters of concurrent jurisdiction.

\(b\) Except as provided in this subsection, the pilot's license must be
framed under transparent material and posted conspicuously on the
watercraft. If display is impracticable, the license must be carried
onboard and shown on demand. *(Natural Resources Commission; 312 IAC
5-14-22; filed Mar 23, 2001, 2:50 p.m.: 24 IR 2396, eff Jan 1, 2002;
filed Jan 5, 2005, 11:05 a.m.: 28 IR 1468)*

**312 IAC 5-14-23 Marine liability insurance**

Authority: IC 14-10-2-4; IC 14-15-7-3; IC 14-15-7-5

Affected: IC 14

Sec. 23. The owner of a watercraft carrying passengers for hire must
maintain marine liability insurance for bodily injury in the lesser of
the following amounts:

> \(1\) Eighty-five thousand dollars (\$85,000) per passenger per
> accident.
>
> \(2\) One million dollars (\$1,000,000) in the aggregate. *(Natural
> Resources Commission; 312 IAC 5-14-23; filed Mar 23, 2001, 2:50 p.m.:
> 24 IR 2396, eff Jan 1, 2002)*

**312 IAC 5-14-24 Watercraft carrying six or fewer passengers for hire
on waters of concurrent jurisdiction**

Authority: IC 14-10-2-4; IC 14-15-7-3; IC 14-15-7-5

Affected: IC 14-15-2-7; IC 14-15-2-8

Sec. 24. (a) This section establishes requirements for watercraft
carrying six (6) or fewer passengers for hire on waters of concurrent
jurisdiction that are supplemental to the other requirements of this
rule.

\(b\) The requirements for a deck rail are as follows:

> \(1\) A watercraft must have a deck rail or an equivalent protection
> at the periphery of a weather deck, including the cockpit, that is
> accessible to the passengers and crew. The top rail course of a deck
> rail must be at least twenty-four (24) inches above the deck. However,
> this subdivision does not apply to an open boat.
>
> \(2\) A deck rail must have evenly spaced horizontal courses.
>
> \(3\) A watercraft with a flying bridge must have suitable deck rails
> or an equivalent protection at the periphery of the flying bridge
> deck.
>
> \(4\) An open boat must have suitable deck rails or an equivalent
> protection.
>
> \(5\) A deck rail may be removed or modified while a watercraft is
> anchored and passengers are engaged in a diving operation.

\(c\) A watercraft must have the following onboard:

> \(1\) One (1) Type I personal flotation device of proper size for each
> passenger and crew member.
>
> \(2\) Suitably affixed, to the outside and the inside of each Type I
> personal flotation device, two hundred (200) square centimeters
> (approximately thirty-one and one-half (31.5) square inches) of Coast
> Guard-approved retroreflective material.
>
> \(3\) A ring life buoy at least twenty (20) inches in diameter. The
> ring life buoy must be properly marked, readily accessible, and
> suitably attached to at least sixty (60) feet of floating line that is
> resistant to deterioration from ultraviolet light.
>
> \(4\) A Coast Guard-approved water light that is self-activating upon
> contact with the water. The light must be stored in a readily
> accessible location near the ring life buoy. If the light is attached
> to a ring life buoy, the attachment line must be at least three (3)
> feet long, but not more than six (6) feet long.

\(d\) A watercraft must have onboard, in good working condition, a
marine VHF radio and a properly compensated marine compass.

\(e\) A watercraft, except where suitable privacy enclosures are not
practicable, must be equipped with at least one (1) toilet that complies
with IC 14-15-2-7 and IC 14-15-2-8.

\(f\) The requirements for anchors and anchor lines are as follows:

> \(1\) A watercraft must be equipped with an anchor of a suitable size
> and type.
>
> \(2\) A line must be attached to the anchor by eye splice, thimble,
> and shackle.
>
> \(3\) The anchor and line must be readily available onboard the
> watercraft for quick deployment and must have a minimum length as
> follows:
>
> \(A\) At least one hundred (100) feet for a watercraft that operates
> other than on Lake Michigan.
>
> \(B\) At least two hundred (200) feet attached to ground tackle for a
> watercraft that operates on Lake Michigan.

\(g\) A watercraft must have onboard at least one (1) of the following
Coast Guard-approved visual distress signals:

+------+---------+-------------------------------------------+--------+
| Op   | Number  | Type                                      | Ac     |
| tion | R       |                                           | cepted |
|      | equired |                                           |        |
+------+---------+-------------------------------------------+--------+
| \    | 3       | Hand-held red flare                       | Day    |
| (1\) |         |                                           | and    |
|      |         |                                           | night  |
+------+---------+-------------------------------------------+--------+
| \    | 3       | Hand-held, rocket-propelled parachute red | Day    |
| (2\) |         | flare                                     | and    |
|      |         |                                           | night  |
+------+---------+-------------------------------------------+--------+
| \    | 1       | Orange flag distress signal for boats and | Day    |
| (3\) |         | electric distress light for boats         | only   |
|      | 1       |                                           |        |
|      |         |                                           | Night  |
|      |         |                                           | only   |
+------+---------+-------------------------------------------+--------+
| \    | 3       | Floating or hand-held orange smoke and    | Day    |
| (4\) |         | electric distress light for boats         | only   |
|      | 1       |                                           |        |
|      |         |                                           | Night  |
|      |         |                                           | only   |
+------+---------+-------------------------------------------+--------+
| \    | 3       | Floating or hand-held orange smoke and    | Day    |
| (5\) |         | option (1) or option (2)                  | only   |
|      |         |                                           |        |
|      |         |                                           | Day    |
|      |         |                                           | and    |
|      |         |                                           | night  |
+------+---------+-------------------------------------------+--------+
| \    | 1       | Orange distress flag for boats and option | Day    |
| (6\) |         | (1) or option (2)                         | only   |
|      |         |                                           |        |
|      |         |                                           | Day    |
|      |         |                                           | and    |
|      |         |                                           | night  |
+------+---------+-------------------------------------------+--------+

> \(1\) A person must not display a visual distress signal except in an
> emergency.
>
> \(2\) A Coast Guard-approved electric distress light meeting the
> standards of 46 CFR 161.013, that automatically flashes the
> international SOS signal (\...\-\--\...), meets the nighttime
> requirements of this subsection.
>
> \(3\) An orange flag that conforms to 46 CFR 160.072 meets the daytime
> requirements of this subsection.
>
> \(4\) Pyrotechnics required by this section must be:
>
> \(A\) readily accessible; and
>
> \(B\) in serviceable condition.
>
> If indicated by a date marked on the signal, the service life of the
> signal must not be expired.

\(h\) The following additional requirements apply to a sailboat:

> \(1\) The standing rigging and spars shall be inspected during the
> drydock inspection. Any mast must be unstepped to allow for close
> inspection of the components, fittings, and systems.
>
> \(2\) The running rigging shall be inspected during the dockside
> inspection, but a mast is not required to be unstepped.
>
> \(3\) A sailboat with wheel steering must have an emergency tiller
> that can be deployed if the wheel steering fails. *(Natural Resources
> Commission; 312 IAC 5-14-24; filed Mar 23, 2001, 2:50 p.m.: 24 IR
> 2396, eff Jan 1, 2002; filed Jan 5, 2005, 11:05 a.m.: 28 IR 1468)*

**312 IAC 5-14-25 Watercraft carrying more than six passengers for
hire**

Authority: IC 14-10-2-4; IC 14-15-7-3; IC 14-15-7-5

Affected: IC 14-15-2-7; IC 14-15-2-8

Sec. 25. (a) This section establishes requirements for watercraft
carrying more than six (6) passengers for hire that are supplemental to
the other requirements of this rule.

\(b\) Except on an open boat, a deck rail or a life line on a passenger
deck must be at least twenty-four (24) inches high. A deck rail may be
removed or modified while a boat is anchored and passengers are engaged
in a diving operation.

\(c\) Fixed or portable seats must be placed so that aisles not more
than fifteen (15) feet long are at least twenty-four (24) inches wide
and aisles more than fifteen (15) feet long are at least thirty (30)
inches wide. If seats are in rows, the distance from seat front to seat
front must be at least thirty (30) inches. Seat spacing must provide for
ready escape during a fire or another emergency.

\(d\) A watercraft that carries vehicles must have suitable chains,
cable, or other barriers at the end of a vehicle runway. Suitable gates,
rails, or other devices must also be installed as a continuation of the
regularly required rails.

\(e\) A watercraft must have the following onboard:

> \(1\) One (1) Type I personal flotation device, Type II personal
> flotation device, or Type III personal flotation device of proper size
> for each passenger and crew member.
>
> \(2\) Except as provided in this subdivision for an open boat, a ring
> life buoy at least twenty (20) inches in diameter. The ring life buoy
> must be properly marked, readily accessible, and suitably attached to
> at least sixty (60) feet of floating line that is resistant to
> deterioration from ultraviolet light. An open boat must have a Type IV
> personal flotation device.

\(f\) Unless impracticable, a watercraft must be equipped with at least
one (1) toilet that complies with IC 14-15-2-7 and IC 14-15-2-8. No
bypass shall be attached to a system line or hose that will allow
wastewater to be discharged into the waters of this state.

\(g\) A watercraft that has a fixed fire extinguishing system must
satisfy 46 CFR 76.05-20.

\(h\) The requirements for anchors and anchor lines are as follows:

> \(1\) A watercraft must be equipped with an anchor of a suitable size
> and type.
>
> \(2\) A line must be attached to the anchor by eye splice, thimble,
> and shackle. The anchor line must be readily available onboard the
> watercraft for quick deployment and must have a minimum length as
> follows:
>
> \(A\) At least fifty (50) feet for a watercraft that operates
> exclusively on rivers.
>
> \(B\) At least one hundred (100) feet for any other watercraft.

\(i\) The following additional requirements apply to a sailboat:

> \(1\) The standing rigging and spars shall be inspected during the
> drydock inspection. Any mast must be unstepped to allow for close
> inspection of the components, fittings, and systems.
>
> \(2\) The running rigging shall be inspected during the dockside
> inspection, but a mast is not required to be unstepped.
>
> \(3\) A sailboat with wheel steering must have an emergency tiller
> that can be deployed if the wheel steering fails. *(Natural Resources
> Commission; 312 IAC 5-14-25; filed Mar 23, 2001, 2:50 p.m.: 24 IR
> 2397, eff Jan 1, 2002; filed Jan 5, 2005, 11:05 a.m.: 28 IR 1469)*

**312 IAC 5-14-26 Sailboats carrying passengers for hire *(Repealed)***

Sec. 26. *(Repealed by Natural Resources Commission; filed Jan 5, 2005,
11:05 a.m.: 28 IR 1470)*

**312 IAC 5-14-27 Reciprocity for a Michigan certification**

Authority: IC 14-10-2-4; IC 14-15-7

Affected: IC 14-15-2-7; IC 14-15-2-8

Sec. 27. As an alternative to certification under this rule, the
department grants reciprocity to a certification, issued under Michigan
Administrative Code 281.3101 through 281.3506, for a watercraft carrying
passengers for hire. *(Natural Resources Commission; 312 IAC 5-14-27;
filed Jan 5, 2005, 11:05 a.m.: 28 IR 1470)*

**Justifications and Standards**

## [Justification and Standards for Amendments]{.underline}

## 

## Rule 14. Watercraft Carrying Passengers for Hire

312 IAC 5-14-1 Watercraft carrying passengers for hire; delegation of
authority;

**maintenance of equipment in a good and serviceable condition**

> Sec. 1 (b) makes reference to IC 14-15 (Regulation of Water
> Recreation) and applies to the owner and operator of the watercraft.
>
> Sec. 1 (c) exempts from the inspection requirements a watercraft
> carrying more than six passengers for hire that is inspected by the
> USCG. Our rule did not directly address this issue.

**312 IAC 5-14-2 Inspections of watercraft carrying passengers for
hire**

Sec. 2 (a) requires the owner to apply annually for an inspection and
makes the fee nonrefundable.

> Sec. 2 (c) prohibits the watercraft from being operated until the
> application has been completed.

# 

# 312 IAC 5-14-4 Main and auxiliary engines

> Sec. 4 (c) The existing language assumes all engines are liquid-cooled
> and makes no provisions for air-cooled engines. The change is taken
> from ABYC P-4.6.2

# 312 IAC 5-14-5 Gasoline engines; ventilation

> This section exceeds standards and may cause many modifications to be
> made to recreational watercraft that are put into passenger-for-hire
> service. The proposed changes are taken from 33 CFR Part 183 Subpart
> K, which is the USCG standard for recreational watercraft.

# 312 IAC 5-14-6 Diesel engines; ventilation

> This section exceeds standards and may cause many modifications to be
> made to recreational watercraft that are put into passenger-for-hire
> service. The proposed changes are taken from ABYC H-32.4

# 312 IAC 5-14-7 Fixed fuel tanks

> This section does not meet standards, and has caused boat owners to
> modify existing systems that were in compliance with 33 CFR Part 183
> Subpart J.

# 312 IAC 5-14-8 Portable fuel tanks

> Section 8 (c) is not in compliance with ABYC H-25.5.1, which
> recommends that portable fuel tanks have provisions to permit
> handling, securing aboard, and removal for refilling. It is a commonly
> held practice that portable fuel tanks should be refueled ashore.

# 312 IAC 5-14-9 Electrical systems

> This section does not meet standards. The changes proposed in this
> section are based on current standards found in 33 CFR Part 183
> Subpart I, ABYC
>
> E-8.15.8, ABYC E-8.15.9, and ABYC E-8.15.11.

# 312 IAC 5-14-11 Bilge pumps and bailout devices

> The requirement in Sec. 11 (a) that all watercraft be equipped with
> two bilge pumps, with no regard to the size or construction of the
> watercraft, is arbitrary and does not meet ABYC recommendations. The
> proposed changes require an adequate number and proper size of bilge
> pumps to remove excess bilge water at different positions and at
> maximum conditions. This change is based on recommendations found in
> ABYC H-22.8.2.
>
> Sec. 11 (b) is changed by removing the choice of an alarm system and
> the requirement that at least one pump be automatically activated.
> These changes are consistent with ABYC H-22.8.12 and ABYC H-22.8.14.
>
> Sec. 11 (c) assumes that all bilge pumps are automatic. The change
> provides for both manual and automatic pumps.
>
> Sec. 11 (d) The practice of allowing a bucket to meet the requirements
> for a manually operated bailing device is not the intent of this
> section. The intent was for the watercraft to be equipped with a
> Thirsty Mate brand or equivalent hand operated pump.

# 312 IAC 5-14-15 Main engine gauges

> Sec. 15 (b) was added to require watercraft manufactured after August
> 1, 1997 to comply with ABYC P-4.7 recommendations for manufacturers.
> This recommendation requires the following instruments to be readable
> from each helm position: tachometer, engine temperature, oil pressure,
> and battery charging system. It also requires air-cooled engines to
> have engine or exhaust duct temperature gauges.

**312 IAC 5-14-16 Personal flotation devices (life preservers)**

> Sec. 16 adds language (life preservers or life jacket) as commonly
> used and allows containers to marked as such. Containers available for
> retail sale are commonly marked as life preservers or life jackets.

## 312 IAC 5-14-17 Fire extinguishers

> Sec. 17 exceeded USCG standards and made no allowance for large
> vessels. It now addresses watercraft up to 125 feet in length. It is
> being revised to bring it into compliance with USCG standards and
> recommendations.

## 312 IAC 5-14-18 First aid equipment; emergency procedures

> Sec. 18 is changed to reference an OSHA standard for the 16-unit first
> aid kit and list the minimum contents of the kit. Some language
> updates are also made.

# 312 IAC 5-14-19 Cooking and heating appliances

> The intent for requiring all cooking and heating appliances to be
> electrically powered was to disallow the use of inflammable liquids
> and gasses aboard the watercraft. Most watercraft used for carrying
> passengers-for-hire are equipped with built-in stoves that use
> flammable liquids or gasses, and the stoves need to be removed for the
> watercraft to be in compliance with the rule. IC 14-15-2-9 already
> prohibits these substances to be kept on the watercraft. This proposal
> will allow stoves to be kept intact, but inoperable, due to the
> restriction of keeping inflammables aboard the watercraft.

**312 IAC 5-14-20 Portable battery operated light (flashlight)**

> This section was renamed because the visual distress signal
> requirements were added to 312 IAC 5-14-24. This was done to combine
> this requirement with the one for watercraft carrying six or fewer
> passengers for hire on waters of concurrent jurisdiction.

# 312 IAC 5-14-21 Certificate of inspection; issuance; posting; revocation

> Sec. 21 (a) is in conflict with IC 14-15-6-1, which states the
> certification and registration expires one calendar year after the
> date on which the watercraft was inspected. The May 31 expiration date
> also allows some non-resident watercraft to be inspected every two
> years if the owner fishes in Indiana only during the spring. This
> change would also allow staggered inspection intervals, which will
> ease the present staffing problems.

## 312 IAC 5-14-22 Pilot's license; display

> Sec. 22 is being changed to require the issuance of a pilot's
> license\--not just the posting of the license onboard the watercraft.
> This is already a USCG requirement.

312 IAC 5-14-24 Watercraft carrying six or fewer passengers for hire on
waters of concurrent jurisdiction

Sec. 24 is being revised to address waters of concurrent jurisdiction
and includes sailboats.

Sec. 24 (b) exceeds standards. ABYC H-41.6.3.1 recommends twenty-four
(24) inches minimum height for deck rails.

Sec. 24 (c) (3) is changed to require sixty feet of floating line that
is resistant to deterioration from ultraviolet light. This is required
by 46 CFR part 180 subpart C.

> Sec. 24 (c) (4) is changed to increase the length of line to between
> three and six feet to be attached between the water light and the life
> ring buoy. This is also required by 46 CFR part 180 subpart C.

Sec. 24 (d) (compass requirement) is self-explanatory. The deletion of
the second sentence in Sec. 24 (d) eliminates the FCC licensing
requirement for marine radios. This is consistent with current FCC
regulations.

Sec. 24 (e) brings the rule in compliance with 14-15-2-7 Water closets
or toilets - Disposal of sewage and 14-15-2-8. Littering prohibited.

> Sec. 24 (f) (3) is changed to require a quick deployment of the
> anchor, which
>
> will require the anchor to be kept at the bow, and not just readily
> available on-board the watercraft.

Sec. 24 (f) (3) (A), and (B) increases the minimum length of anchor line
required. This is consistent with the suggested rode and anchor sizes
for a working anchor (winds up to 30 knots) given in [Chapman Piloting
Seamanship and Small Boat Handling.]{.underline}

Sec. 24 (f) (3) (B) eliminates the sea anchor requirement for Lake
Michigan. Sea anchors are intended for offshore ocean use in extreme
conditions. Watercraft on Lake Michigan will typically take a more
active approach during storms by seeking safe harbor.

Sec. 24 (g) was outdated and not in compliance with 33 CFR Part 175
Subpart C.

Sec. 24 (g) (2) specifies that the electric distress light meet
standards by flashing the SOS signal---a requirement not met in the
present rule. This would meet the nighttime requirement.

> Sec. 24 (g) (3) cites the USCG standard for the orange flag, which
> meets the daytime requirement.
>
> Sec. 24 (g) (4) requires that visual distress signals not exceed the
> expiration date.

Sec. 24 (h) (1) provides a means for the inspector to examine the mast
and standing rigging above deck level by requiring the owner to have the
mast un-stepped during the drydock inspection. There is no other
practicable way, short of going aloft in a boatswain's chair, of
conducting this inspection.

Sec. 24 (h) (2) specifies the schedule for inspecting the running
rigging and affirms that the mast does not have to be un-stepped during
the dockside inspection.

> Sec. 24 (h) (3) requires sailboats that are equipped with wheel
> steering to be equipped with an emergency tiller. The standard for
> this requirement is found in Sections 2.1 (b) and 4.13 (a) [Safety
> Recommendations for Cruising Sailboats]{.underline}, published by US
> Sailing. The sailboats that are affected by this change already meet
> this requirement.

**312 IAC 5-14-25 Watercraft carrying more than six passengers for
hire**

Sec. 25 is being revised to include sailboats. This section applies to
watercraft not operating on waters of concurrent jurisdiction.

Sec. 25 (b) exceeds standards. ABYC H-41.6.3.1 recommends twenty-four

\(24\) inches minimum height for deck rails.

Sec. 25 (e) (2) exceeds standards. Type II and type III personal
flotation.

> devices are not typically offered with retroreflective tape attached.

Sec. 25 (e) (3) is changed to require sixty feet of floating line that
is resistant to deterioration from ultraviolet light. This is required
by 46 CFR part 180 subpart C.

> Sec. 25 (f) brings the rule in compliance with 14-15-2-7 Water closets
> or toilets - Disposal of sewage and 14-15-2-8. Littering prohibited.
>
> Sec. 25 (g) is not based on standards. It is changed to bring it in
> compliance with 46 CFR 76.05-20.
>
> Sec. 25 (h) (2) is changed to require a quick deployment of the
> anchor, which
>
> will require the anchor to be kept at the bow, and not just readily
> available on-board the watercraft.
>
> Sec. 25 (h) (2) (A) and (B) increases the minimum length of anchor
> line required on rivers and inland lakes. This is consistent with the
> suggested rode and anchor sizes for a working anchor (winds up to 30
> knots) given in [Chapman Piloting Seamanship and Small Boat
> Handling.]{.underline}

Sec. 25 (i) (4) provides a means for the inspector to examine the mast
and standing rigging above deck level by requiring the owner to have the
mast un-stepped during the drydock inspection. There is no other
practicable way, short of going aloft in a boatswain's chair, of
conducting this inspection.

Sec. 25 (i) (5) specifies the schedule for inspecting the running
rigging and affirms that the mast does not have to be un-stepped during
the dockside inspection.

> Sec. 25 (i) (6) requires sailboats that are equipped with wheel
> steering to have an emergency tiller. . The standard for this
> requirement is found in Sections 2.1 (b) and 4.13 (a) [Safety
> Recommendations for Cruising Sailboats]{.underline}, published by US
> Sailing Association.

## 312 IAC 5-14-27 Reciprocity for a Michigan certification 

> This new section grants reciprocity to watercraft inspected by the
> Michigan Department of Natural Resources. This has been the practice
> for more than twenty years and this section now makes it official.

## 312 IAC 5-14-26 Sailboats carrying passengers for hire (REPEALED)

> This section has been combined with 312 IAC 5-14-24 and 312 IAC
> 5-14-25. This was done for the sake of simplicity.