Boating Accident? Important Information About Michigan Boating Laws

DO I NEED A LICENSE TO OPERATE A BOAT IN MICHIGAN?

No. Unlike motor vehicle drivers, who must have a license issued by the Secretary of State, Michigan law does not require boat operators to have a license.

However, a boating safety certificate (or boater education card) is required for boaters born after July 1, 1996.

In addition, boaters must comply with the following regulations: 

• Individuals born before July 1, 1996, may legally operate a boat without restrictions
• Those born on or after July 1, 1996 must have a boating safety certificate to operate a motorboat with a motor (or motors) greater than 6 horsepower

• Children younger than 12 years old:
  • May operate a boat powered by a motor of 6 horsepower or less without restrictions
  • May operate a boat with a motor between 6 horsepower and 35 horsepower only if they are directly supervised by someone 16 years or older and have a boating safety certificate in their possession
  • May not operate a boat with a motor greater than 35 horsepower under any conditions

DO BOATS HAVE TO BE REGISTERED IN MICHIGAN?

Yes. All motorized boats must be registered with the Michigan Secretary of State and assigned an identification number. This number must be displayed on the boat so it is visible on both sides and above the water.

Boats under 16 feet, propelled by hand either with oars or paddles and not used for rental purposes, do not need to be registered with the Secretary of State.

In addition to registration, some boats are required to have a title. If the watercraft is 20 feet or longer, or has a permanently affixed engine, it must be titled. 

ARE LIFE JACKETS REQUIRED TO RIDE ON A BOAT?

In the case of an accident, a life jacket, or Personal Flotation Device (PFD), can make the difference between life and death.

Some of these laws were established by the U.S. Coast Guard, while others are specific to the state of Michigan. If you will be operating a boat in another state, check the boating and life jacket laws for your destination(s).

The following rules apply to boaters in Michigan waterways:

• All vessels must carry at least one U.S. Coast Guard-approved (USCG) Type I, II, or III PDF for each person on board, including anyone who is being towed, such as a water-skier
• Life jackets must be the proper size for each person on board or being towed based on body weight and chest size
• All children under 6 must wear a USCG-approved Type I or II PFD when riding on the open deck area of a moving boat
• Vessels less than 16 feet long, including canoes or kayaks, must have either a wearable PFD (Type I, II or III) or a throwable PFD (Type IV) for each person on board
• Vessels 16 feet and longer, in addition to the Type I, II or III for each person on board, must also carry one type IV, with the exception of canoes and kayaks
• Vessels less than 16 feet traveling on the Great Lakes or connecting waterways must carry one approved Type I, II or III device for each person on board
• Each person riding on a PWC (personal watercraft such as a jet-ski), or being towed behind a PWC or other vessel, must wear a USCG-approved Type I, II or III PFD
• Inflatable PFDs are not allowed for anyone riding on a PWC or being towed behind a PWC or other vessel.
• All PFDs must be undamaged and in serviceable condition
• When not being worn, PFDs must be properly stowed and readily accessible, not enclosed in plastic bags or other containers

IS IT ILLEGAL TO USE ALCOHOL WHILE OPERATING A BOAT?

Boat operators are subject to the same legal limit as motor vehicle drivers. It is illegal to drive a boat with a Blood Alcohol Content (BAC) of .08% or higher. 

There is also a zero-tolerance policy for boat operators under 21. Any amount of alcohol found in the system can result in a misdemeanor charge. More serious charges can be levied if the boat is involved in an accident where someone is injured.

In addition, it is illegal for boat operators of any age to have any amount of Schedule 1 controlled substance in their system. These drugs typically have high abuse potential, no medical use and serious safety concerns. 

Other important rules to keep in mind include: 

• Boat drivers who refuse to take a sobriety test after being stopped by law enforcement will be banned from operating a boat for one year
• Drivers who operate a boat while intoxicated with a passenger 16 or younger on board will be subject to a misdemeanor violation
• Boat owners may not allow another person who is under the influence of drugs or alcohol to operate their boat

More information can be found in the current edition of the DNR Handbook of Michigan Boating Laws and Responsibilities.

SAFETY TIPS TO HELP PREVENT BOATING ACCIDENTS

Never operate a boat while drinking or using drugs

The U.S. Coast Guard reports that alcohol is a leading factor in boating accidents. To be safe, passengers should also limit their alcohol intake so they can react quickly and sensibly in the event of an emergency.

Obey the legal requirements for on-board life jackets  

Make sure to have the correct number and type of life jackets required by Michigan law. Many boating-related drowning deaths could be prevented by wearing one.

Follow the boating speed limit  

The maximum speed is 55 mph in all water except the Great Lakes and Lake St. Clair. On those lakes, boats within one mile of the shoreline must also adhere to the 55 mph speed limit. In general, boaters should maintain a speed that will allow them to stop safely when necessary.

Drive safely and be considerate of other boaters  

Michigan boating law requires boat operators to drive carefully and prudently so as not to endanger the lives or property of other boaters.

If you are involved in a boating accident, hiring an experienced boating accident attorney is the best way to receive the compensation you deserve.

CALL OUR EXPERIENCED BOATING ACCIDENT ATTORNEYS TO WIN THE COMPENSATION YOU DESERVE

If you or a loved one is injured in a boating accident, we can help. Our firm has the experience, expertise and resources to build a winning case that results in a successful outcome for you and your family.

“Boating is a great way to enjoy Michigan’s many lakes and waterways, but accidents can happen to the most careful boater,” said Mark Bernstein of The Sam Bernstein Law Firm. “We will protect your rights and fight to win the compensation you deserve.”

Boating accident law is complicated, but finding the right boating accident attorney is simple.

Don’t let the legal clock run out. Start your case today by filling out the form below or calling us today for a free, no-obligation consultation with a member of our experienced legal team.