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  • PART I ADMINISTRATION OF THE GOVERNMENT
  • TITLE XIV PUBLIC WAYS AND WORKS
  • CHAPTER 90B MOTORBOATS, OTHER VESSELS AND RECREATIONAL VEHICLES
  • Section 12A Operation without personal flotation devices or in overloaded or unsafe condition

Section 12A. Any officer authorized to enforce the provisions of this chapter who observes a motorboat or vessel being used without personal flotation devices required under this chapter or which is in an overloaded or other unsafe condition and which, in his judgment, presents a substantial risk of injury or loss of life by the use of said motorboat or vessel, may terminate such use and direct the operator to take whatever immediate and corrective steps which are necessary for the safety of the persons aboard such motorboat or vessel, including, but not limited to, directing the operator to proceed to a mooring and to remain there until such motorboat or vessel is deemed to be safe.

As used in this section the term “other unsafe condition” shall mean: (a) the motorboat or vessel is not displaying the navigation lights between sunset and sunrise; (b) the motorboat or vessel has fuel leakage from either the fuel system or engine; (c) the motorboat or vessel has an accumulation of fuel in the bilges or in a compartment other than a fuel tank; (d) the motorboat or vessel does not meet the ventilation requirements for tanks and engine spaces; or (e) the motorboat or vessel does not meet the requirements for backfire flame control.