Section 9E: Boater safety certificate required for operation of motorboat or personal watercraft; exceptions; operation of motorboat by persons under 12 years of age; joint and several liability for violations;
[ Text of section added by 2024, 350, Sec. 11 effective April 1, 2026. See 2024, 350, Sec. 15.]
Section 9E. (a) No person shall operate a motorboat or personal watercraft on the waters of the commonwealth unless the person complies with the boater safety educational requirements established under section 9D and has on board and available for inspection an original valid boater safety certificate; provided, however, that a person shall not be required to hold a boater safety certificate if the person:
(i) is accompanied on board and directly supervised by a person not less than 18 years of age who has on board and available for inspection a valid boater safety certificate;
(ii) holds a valid merchant mariner credential, pursuant to 46 U.S.C. 7510, as a vessel master or mate of any tonnage, operator of uninspected passenger vessel, launch operator's license or other similar license to captain a commercial vessel issued by the United States Coast Guard, or an equivalent type license issued by any state of the United States or foreign government; provided, however, that the license shall be on board when operating the vessel and available for inspection;
(iii) is a non-resident and has in possession and available for inspection a boater safety education certificate or similar documentation issued by an approved jurisdiction;
(iv) is an active member in the armed forces of the United States, National Guard or United States Coast Guard and who is qualified to operate motorboats based on training or position in such branch or organization; provided, however, that the person has on board and available for inspection documentation showing such qualification;
(v) has within the past 6 months acquired ownership of a motorboat that is numbered by the commonwealth or documented by the United States Coast Guard and has on board and available for inspection a valid temporary boater safety certificate to operate the vessel printed pursuant to subsection (c) of section 9D;
(vi) is an operator of a motorboat in a boater safety education program;
(vii) is the operator of a commercial fishing vessel, subject to the Commercial Fishing Industry Vessel Safety Act of 1988, 46 U.S.C. 4501, et seq., as amended; or
(viii) is a student attending an accredited secondary school, maritime school, college or university and is operating a motorboat in conjunction with a prescribed course of instruction and has evidence of the same on board.
(b) Notwithstanding subsection (a), no person less than 12 years of age shall operate a motorboat on the waters of the commonwealth unless the person is accompanied on board and directly supervised by a person not less than 18 years of age who holds a valid boater safety certificate.
(c) The boater safety education requirements established under section 9D and operator age requirements to operate motorboats shall not apply when: (i) the vessel is operated by a division law enforcement officer or employee of a municipal fire department or the department of fire services in the performance of their official duties; (ii) the person is operating the motorboat in reasonable response to an onboard emergency, including, but not limited to, if the operator or person supervising the operator pursuant to this section becomes incapacitated or physically unable to operate or supervise the operation of the vessel or in response to another vessel that has declared an emergency situation; (iii) the person is operating the motorboat under the direction of a division law enforcement officer; (iv) the vessel is a ship's lifeboat; (v) the vessel is the property of a branch of the armed forces of the United States, the National Guard or the United States Coast Guard or is a military vessel of a foreign country; or (vi) the person operating the vessel is exempted pursuant to regulation or by waiver issued by the director.
(d)(1) An owner of a motorboat or other person not less than 18 years of age, having custody or control of a motorboat, who knowingly permits a person under the age of 18 to operate the vessel in violation of this section, shall be held liable, jointly and severally with the operator, for any violations, damages or injuries caused by such person's operation of the vessel and for any fines, penalties or restitution resulting therefrom.
(2) Lack of ownership of the vessel or mistake as to the age of the operator shall not be defenses in an action filed pursuant to this section.
(e) The director may promulgate regulations for the administration of this section. The division shall publish on its website all current laws and regulations applicable to the boater safety education requirements for motorboat operators.