5.10Boating Safety Certificate Offenses

A.Statutory Authority

“An individual who is required to complete a boating safety course under [MCL 324.80201 et seq.,] and who operates a personal watercraft on the waters of this state shall display his or her boating safety certificate or, at the individual’s option, an electronic copy, in a format approved by the [DNR], of the boating safety certificate upon the demand of a peace officer who identifies himself or herself as a peace officer.” MCL 324.80213(1).

“A peace officer shall not stop a personal watercraft solely for the purpose of determining whether the operator has in his or her possession either of the following:

(a) A boating safety certificate.

(b) An electronic copy of a boating safety certificate in a format approved by the [DNR].” MCL 324.80213(2).

“A person who was born after December 31, 1978 shall not operate a personal watercraft upon the waters of this state unless he or she first obtains a boating safety certificate.MCL 324.80215(3).

B.Penalties

A person who commits a violation of MCL 324.80213 or MCL 324.80215 is guilty of a misdemeanor punishable by:

imprisonment for not more than 90 days;

fine of not more than $100; or

both. MCL 324.80219.

“In addition, a person who violates [MCL 324.80201 et seq.,] may be required to participate in and complete a boating safety course.” MCL 324.80219.

“If a person has received a citation for a violation of a certification requirement prescribed in [MCL 324.80213 or MCL 324.80215], the court shall waive any fine and costs upon receipt, not more than 10 days after the citation is issued, of proof of certification by a law enforcement agency that the person, before the appearance date on the citation, produced a valid boating safety certificate, or an electronic copy thereof, in a format approved by the [DNR], that was valid on the date the violation occurred.” MCL 324.80221.

C.Exceptions

MCL 324.80215 does not “apply to a performer engaged in a professional exhibition or a person preparing to participate or participating in a regatta, race, marine parade, tournament, or exhibition held in compliance with [MCL 324.80164] under a permit issued by the [DNR] and at the time and place specified in the permit.” MCL 324.80215(6).