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0% found this document useful (0 votes)
12 views

Boating Regulations+20-21+WEB

Boating regulations

Uploaded by

Michael Waldy
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Boating Regulations ENG 24.

qxp_Boating Regulations 12/19/23 10:03 AM Page 1

2 Kansas
0 Boating
2 Regulations
4
Summary
Boating Regulations ENG 24.qxp_Boating Regulations 12/19/23 10:03 AM Page 2

CONTACTS
This pamphlet is a summary of Kansas Boating statutes and regulations. It
answers some frequently asked questions about boating in Kansas. Maps and area
brochures are available through offices listed on this page and from the department
website. For further information about boating laws contact us at:
Kansas Department Wildlife and Parks Law Website:
Enforcement Division ksoutdoors.com
512 SE 25th Avenue
E-mail:
Pratt, Kansas 67124-8174
[email protected]
(620) 672-5911

WIlDlIFE & PARKS OFFICES


Office of the Secretary AREA & STATE PARK OFFICES
1020 S Kansas Ave., Rm 200
Topeka, KS 66612 ..........(785) 296-2281 Cedar Bluff SP........................(785) 726-3212
Cheney SP..............................(316) 542-3664
Pratt Operations Office Cheyenne Bottoms WA...........(620) 793-7730
512 SE 25th Ave. Clinton SP...............................(785) 842-8562
Pratt, KS 67124 ..............(620) 672-5911 Council Grove WA ..................(620) 767-5900
Crawford SP............................(620) 362-3671
Region 1 Office Cross Timbers SP...................(620) 637-2213
1426 Hwy 183 Alt., PO Box 338 Eisenhower SP .......................(785) 528-4102
Hays, KS 67601..............(785) 628-8614 El Dorado SP..........................(316) 321-7180
Elk City SP..............................(620) 331-6295
Region 2 Office Fall River SP ...........................(620) 637-2213
300 SW Wanamaker Finney Game Refuge ............(620) 276-8886
Topeka, KS 66606 ..........(785) 273-6740 Glen Elder SP.........................(785) 545-3345
Hillsdale SP ............................(913) 594-3600
Region 3 Office Kanopolis SP ..........................(785) 546-2565
6232 E 29th St. North Kaw River SP..........................(785) 273-6740
Wichita, KS 67220 .........(316) 683-8069 Lovewell SP ............................(785) 753-4971
Marais des Cygnes WA ..........(913) 352-8941
Chanute District Office Meade SP ...............................(620) 873-2572
137 E 21st St. Milford SP ...............................(785) 238-3014
Chanute, KS 66720 ........(620) 431-0380 Mined Land WA ......................(620) 231-3173
Perry SP .................................(785) 246-3449
Dodge City District Office Pomona SP.............................(785) 828-4933
1001 W McArtor Rd. Prairie Dog SP........................(785) 877-2953
Dodge City, KS 67801 ........(620) 227-8609 Prairie Spirit Trail SP...............(785) 448-6767
Pratt Sandhills WA ..................(620) 672-5911
Kansas City District Office Scott SP..................................(620) 872-2061
8304 Hedge Lane Terr., Tuttle Creek SP.......................(785) 539-7941
Shawnee, KS 66227.......(913) 422-1314 Webster SP.............................(785) 425-6775
Wilson SP ...............................(785) 658-2465
Emporia Research & Survey Office
1830 Merchant, PO Box 1525 Funding for this brochure
Emporia, KS 66801 ........(620) 342-0658 was provided with the help of
a U.S. Coast Guard Grant.

2
Boating Regulations ENG 24.qxp_Boating Regulations 12/19/23 10:03 AM Page 3

TABlE OF CONTENTS
4 . . . .Boating In Kansas Personal Watercraft
Wakeless Speed
5 . . . .Boating Education Water Skiing
Alcohol and Drugs
6-7 . .Boat Registration Accident Reporting
Registration Process Bilges and Livewells
Hull Identification Number
Decals and Number Placement 18-20 Individual Watercraft
Expiration Paddleboards and Non-motorized
Canoes and Kayaks
8-12 . Equipment Requirements Motorized Canoes, Kayaks and
Personal Flotation Devices Float Tubes
Fire Extinguishers Sailboards
Sound Producing Devices Kite Boards
Navigation Lights Amphibious Vehicle/ATV (Argo)
Muffling
Capacity Plates 21 . . . US Aids to Navigation
Ventilation Waterway Marking System
Backfire Flame Control
Marine Toilets 22-47 Kansas Boating Statutes
Suggested Equipment
48-54 Kansas Boating
13-17 Operation Requirements Regulations
Age Restrictions
Negligent Operation 55 . . . Boating Education
Navigation Rules Requirements

CHANGES AND UPDATES


Changes in boating laws may occur throughout
the year. Boat owners and operators should
contact Kansas Department of Wildlife and Parks
with questions not covered in this pamphlet.
Detailed information on boating laws and
regulations is available from the KDWP offices
listed in this brochure or on the department
website at www.ksoutdoors.com .
3
Boating Regulations ENG 24.qxp_Boating Regulations 12/19/23 10:03 AM Page 4

BOATING IN KANSAS
Kansas offers some of the finest water recreation found any-
where. More than 150 lakes, 10,000 stream miles, and 55,000
ponds make the state attractive to boaters of many types. Most of
the lakes are well served by public access facilities and provide
excellent opportunities for anglers, swimmers, skiers, sailboaters,
powerboaters, paddlers, and others.
The Kansas, Missouri, and Arkansas rivers are the state’s only
public rivers. They are open to the public between the ordinary
high water marks on each bank. This is the line that can be seen
where high water has left debris, sand, and gravel during its ordi-
nary annual cycle. When these rivers flow through private land,
permission is needed from adjacent landowners to access the
rivers as well as when picnicking, camping, portaging or engaging
in any other activity on the adjacent private lands. Other waters
are privately owned and landowner permission is required to
access them.
It is a goal of the Kansas
Department of Wildlife and
Parks to provide as many
safe recreational boating
opportunities as possible.
As the demand for recre-
ational use of Kansas
waters increases, it
becomes more important
for boaters to be safe,
knowledgeable, and
responsible. All boaters
must commit themselves
to learning and practicing
safe watercraft operation,
as well as knowing the
boating laws and regula-
tions before they get out
on the water.
4
Boating Regulations ENG 24.qxp_Boating Regulations 12/19/23 10:03 AM Page 5

BOATING EDUCATION
No person born on or after January 1, 1989, shall operate on
public waters of Kansas any motorboat or sailboat unless
the person possesses a certificate of completion of an
approved boater safety education course. This does not
apply to a person operating a motorboat or sailboat
accompanied by and under the direct and audible
supervision of a person over 17 years of age who either: (1)
possesses a certificate of completion of an approved
boater safety education course, or (2) is legally exempt from
the requirement. The education requirement does not apply
to persons 21 years of age or older.
A listing of boater safety courses offered by KDWP, U.S. Coast Guard Auxiliary and U.S.
Power Squadrons is maintained on the KDWP web site at: ksoutdoors.com.

HOME STUDy COURSE


Provided free of charge.
If you are unable to access the internet, call (620) 672-0770
to have an examination packet mailed to you.

INTERNET COURSE
Fees may apply for these courses.
There are five approved internet courses for the State of Kansas:
www.boat-ed.com/ks
www.boaterexam.com
www.boatus.org/onlinecourse/kansas.asp
www.boatsmartexam.com/us/kansas
www.ilearntoboat.com/kansas
Check with each company for their cost and turnaround time for certification.

ClASSROOM INSTRUCTION
Some classroom courses may have a fee.
Volunteer instructors and KDWP staff organize classes in their communities.
Class locations can be found on the KDWP website.
For more information contact [email protected] or
(620) 672-5911 ext 170.
Information on becoming a volunteer instructor
can be found on the KDWP website.

5
Boating Regulations ENG 24.qxp_Boating Regulations 12/19/23 10:03 AM Page 6

BOAT REGISTRATION
Reference 32-1110, 32-1111,
115-30-1, and 115-30-2
All boats powered by gasoline,
diesel, electric motors, or sail must
be registered and numbered.
Sailboards and personal watercraft
are considered boats.
Nonresidents using boats that
are properly registered in another
state may use their boats for up to
60 consecutive days without registering them in Kansas. Both in-state and out-of-
state boats must have their Certificate of Number on board at all times. Boats that are
required to be registered must be properly registered before they are operated.

REGISTRATION PROCESS When a vessel is sold, transferred, lost,


There are three easy ways to register stolen, destroyed, or abandoned the
your boat; online, by mail or in person. person whose name appears as “Primary
For online, see “online registration” link Owner” on the Kansas Boat Registration
below, login or create an account, fill out shall notify, in writing, the Pratt
the vessel registration application and Operations Office with 15 days.
submit with the required uploaded
documents and fee. HUll IDENTIFICATION
To register by mail, download the NUMBER
application, see “mail-in registration” link
below, and mail it in along with required The hull identification number (HIN) on
documents and fee. all boats built after November 1, 1972 is
You may also visit your nearest marine permanently affixed to the rear of the
dealer, county clerks’ office or a KDWP transom usually on the upper right corner.
State Park or Regional Office with your It is required by federal law and must
required registration documents. For appear on the registration application. The
complete list of agents see “in-person HIN consists of 12 letters and numerals at
registration” link below. least one-quarter inch tall that indicate the
manufacturer, hull serial numbers and/or
ONlINE REGISTRATION letters, and model year and/or month.
https://vessel.gooutdoorskansas.com Manufacturer’s Hull Date of Model
Identification Serial Manufacture Year
Code (MIC) Number
MAIl-IN REGISTRATION
https://ksoutdoors.com/Boating/
Registering-Your-Boat
ABC 09329 C6 06
IN-PERSON REGISTRATION
https://ksoutdoors.com/License-Permits/
Locations-to-Buy-License-Permits

6
Boating Regulations ENG 24.qxp_Boating Regulations 12/19/23 10:03 AM Page 7

BOAT REGISTRATION
A registration decal will also be IMPORTANT
issued. This expiration decal READ THIS
remains on your boat for the dura- Apply only to clean, smooth, wax free sur-
face at moderate temperature.
1. Peel decal from paper backing by bending
tion of the three-year registration
K
25
backward at center and lifting edge.
2. Place in position and rub firmly to surface.
period. 3. Only the current decal (sticker) may be
displayed or otherwise attached on either
side of the bow of such motor boat. Expired
Registration decals are dis- decals shall be removed.

played in line and within 3-inches


of assigned numbers on each
S DO NOT MOISTEN
APPLY TO SIDE OF BOAT
side of boat. Boats registered in KA 123 KA 123

Kansas must display only current STARBOARD SIDE PORT SIDE

registration decals. Sailboards shall have the decal attached to The number shown on your certificate
needs to be obtained by you.

the front half of the top of the sailboard. The registration num- SAILBOARD INSTRUCTIONS ONLY
Apply both decals on the front half
bers are not required to be displayed on the sailboard. of the top sailboard.
Your KA number does not need to be displayed.

REGISTRATION REGISTRATION
DECAl AND NUMBER ExPIRATION
PlACEMENT
Kansas Boat Registrations expire
Your assigned number must be painted every three years from the date of regis-
or permanently attached to each side of tration. Renewal notices are mailed
the forward top half of the boat. Numbers approximately six weeks prior to the expi-
must be vertical block characters at least ration date. If you have a change of
three inches tall that read from left to address or have not received a renewal
right. They must contrast with the back- notice by mail, please contact Boating
ground color and be distinctly visible and Registration at Kansas Department of
legible. Spaces or hyphens equal to letter Wildlife and Parks, Pratt Operations
width must separate letter groupings and office. Renewal registrations can be com-
numeral groupings. pleted over the internet at
Your assigned number consists of the ksoutdoors.com .
prefix letters KA, one to four numerals
and two suffix letters.
For example: KA 123 AA or KA-123-AA.
7
Boating Regulations ENG 24.qxp_Boating Regulations 12/19/23 10:03 AM Page 8

EqUIPMENT REqUIREMENTS
In the state of Kansas the definition of a vessel is any watercraft designed
to be propelled by machinery, oars, paddle, or wind action upon a sail. This
includes but is not limited to: motorboats, PWCs, sailboats, kite boards,
canoes, kayaks, stand up paddleboards, and amphibious vehicles.
Registration, equipment, and operating requirements apply to all vessels.
(Sailboards have some exemptions.)

PERSONAl FlOTATION DEVICES (PFD)


Reference 32-1129 and 115-30-3
Kansas law requires that all boats have at least one USCG-approved wearable
PFD (also called life jackets) for each person on board and one PFD for every person
being towed. These PFDs must be in serviceable condition, not in an enclosed com-
partment, and readily accessible. Vessels 16 feet or longer, except canoes or kayaks,
also must carry one USCG-approved throwable device. Persons 12 years of age or
younger are required to wear a life jacket at all times while on board or being towed
by a vessel, even when anchored.
Wearable Wearable Flotation Special-Use Ring Buoy
Offshore Aid (Inflatable) Device
life Jacket

Wearable Wearable Cushion


Near-Shore Vest Flotation Aid
THROWABlE
WEARABlE PFDs DEVICES
Types of personal floatation devices (from USCG)
Serviceability means that fastening It is recommended that any person
hardware is not broken or does not work; being towed on water skis, kneeboards,
that webbing straps are not ripped, torn or similar devices should wear a properly
or missing; that fabric tears have not fitted PFD. Each person operating or
resulted in the loss of buoyant material; riding on a personal watercraft must
and that buoyant material is not wear a properly fitted PFD. Sailboarders
hardened or contaminated. The PFD are not required to wear a PFD, but it is
must be structurally sound and free of recommended.
rotted or corroded components. Inflatable PFDs are required to be
Readily accessible means the PFDs USCG approved and must meet the
are plainly visible to the passengers, in general serviceability requirements for all
an area that can be reached in an types of PFDs and the additional
emergency without opening a requirements specific to inflatable PFDs.
compartment, wrapping material or Inflatable life jackets are only USCG
reaching under part of the boat’s hull to approved for persons 16 years of age
get to them. and older.

8
Boating Regulations ENG 24.qxp_Boating Regulations 12/19/23 10:03 AM Page 9

EqUIPMENT REqUIREMENTS
REGUlATION CHANGES PFD’S (lIFE JACKETS)
The U.S. Coast Guard (USCG) has Although a level 50 life jacket may be an
initiated changes to the rules involving available life jacket on the market, it will
labeling of personal floatation devices, most likely not be a USCG approved
also known as life jackets. The following floatation device, so be vigilant in reading
should help explain these changes labels. The curved arrow indicates that the
coming in Kansas regulations. jacket is likely to turn an unconscious
The traditional life jacket “types categories” wearer face up in the water. A slash
have gone away. This includes the Type I, II, through the curve means the jacket will not
III and V wearable life jackets and the Type IV, perform this function.
throwable. Older “legacy” labeled life jacket For comparisons, the Type I jacket would
using the Type classification are still legal if in carry either a rating of 100 or 150 Newtons
good serviceable condition, of the proper and would upright an unconscious victim.
size/fit and worn in compliance with the label The type II jacket would carry a rating of 70
of the jacket. newtons and would upright an unconscious
The new labeling requirement falls into victim. The type III jacket would also carry
one of two categories, “wearable” and a rating of 70 newtons but would not be
“throwable”. Wearable life jackets will be able to turn an unconscious victim with the
divided into five buoyancy categories: 50, face out of the water. A type IV throwable is
70, 100, 150, and 275 Newtons (metric to labeled as a throwable device.
harmonize with Canadian standards). The type V jacket, also known as a special
Choose the level of buoyancy for the type purpose vest may meet either a Type I, II, or
of activity. A higher number equals to III standard, but would now be either a 70,
greater buoyancy. Make sure the label 100, 150 Newton rating with special icons to
states the jacket is USCG approved. support the activity it is designed for.

SIZE AND FIT ADULT


Every USCG-approved PFD has a label that contains important UNIVERSAL
information. While boating, you may encounter PFDs with either User Weight: > 40 kg (> 88 lbs)
Chest Size: 76-132 cm (30-52 in.)
old or new labels.
The older, legacy labels have a type number (Types I-V).
• The type number indicates what kind of activity is appropriate
for the PFD.
• PFDs with these labels may still be used as long as they are in
good condition. • Drowning hazard if not worn.
• Must be fastened and properly adjusted to
float the wearer.
The new labels have a performance level icon that contains a Choose and wear the device which fits you and
your activity, visit www.wearitlifejacket.org.
number, typically ranging from 50-150. Read and keep the owner’s manual and tags for
info such as wearing, wear, and care.
• A lower number means the PFD is intended for near-shore Company Name
activities in calm waters. This type of PFD offers greater Company Address
Company website if available
Lab
Certification
Mark

mobility and comfort. USCG Approved 160.064/XXXX/X


FG Approved 20000000X Vertifying Lab

• A higher number means the PFD is intended for offshore ANSI/CAN/UL 12402-5
Model: XXXX Style XXXX
Identification

activities. This type of PFD offers greater floatation, turning, and Lot No. XXXX
Approval conditions state that this device must be worn to be

stability. counted as equipment required by vessels meeting Transport.


Canada or USCG regulations.

• PFDs with these labels are approved for use in both the U.S. Use:
• Fasten all closures and adjust for a snug fit.
and Canada. Inspection:
• Inspect your life vest before each outing. Do not use
if your life vest shows signs of weathering, damage, or rot.

Regardless of the label, there should be a USCG approval Care and Storage:
• Dry thoroughly after each outing.

number. This means that the PFD is safe and meets legal • Store in a dry, cool place out of direct sunlight.

requirements.

9
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EqUIPMENT REqUIREMENTS
FIRE ExTINGUISHERS
Reference 32-1119 and 115-30-4
Every motorboat, unless exempt, must have the correct number, size and type of
Coast Guard approved fire extinguishers. Fire extinguishers must be operable and
readily accessible.
Motorboats with USCG approved built-in or affixed fire extinguishers in the motor
areas are exempt from having a fire extinguisher in the motor area. They are required
to have one B-I or one B-II fire extinguisher in the living space or galley, according to
boat class.

Fire Extinguisher Requirements (Requirements changing in 2023)


Reference 32-1119 and 115-30-4

LENGTH CLASS WITHOUT FIXED WITH FIXED


SYSTEM SYSTEM *
Class A – Less than 16 ft. 1 B-I NONE

Class 1 – 16 ft. to less than 26 ft. 1 B-I NONE

Class 2 – 26 ft. to less than 40 ft. 2 B-I or 1B-II 1 B-I

Class 3 – 40 ft. to less than 65 ft. 3 B-I or 1B-II and 1B-I 2 B-I or 1B-II

* refers to a permanently installed fire extinguisher system.


Vessels less than 16 ft. require a fire extinguisher only if it has one or more of the following:
• an inboard engine;
• closed compartments under thwarts and seats where portable fuel
tanks may be stored;
• double bottom construction not sealed to the hull or not completely
filled with flotation materials;
• closed compartments in which combustible or flammable materials
are stored;
• permanently installed fuel tanks.

SOUND PRODUCING DEVICES


Reference 32-1119
All motorboats are required to carry a mechanical sound producing device such as a
horn or whistle that is audible up to one mile. Vessels 40 feet and longer are also required
to carry a bell made of proper material to sound a tone that may be heard during
inclement weather.

10
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EqUIPMENT REqUIREMENTS
NAVIGATION lIGHTS
Reference 32-1119
All boats must use navigation lights while operating on Kansas waters between
sunset and sunrise.
Motorboats less than 40 feet long must have navigation lights shown in figures 1, 2,
or 3. Motorboats 40-65 feet long must use lights shown in figure 1 or 2.
Sailboats must have navigation lights shown in figures 4, 5, or 6. Sailboats under
power must conform to motorboat navigation light requirements.
Manually propelled boats shall carry, ready at hand, a flashlight or lantern showing
a white light exhibited in sufficient time to prevent a collision.
Boats at anchor must display an all-round white anchor light unless anchored in a
designated mooring area.

F i g u r e1 F i g u r e2 F i g u r e3
WHITE 3 . 3F e e tH i g h e r 3 . 3F e e tH i g h e r H i g h e rT h a n
WHITE B ow L i g h t s
T h a nC o l o r e dL i g h t s T h a nC o l o r e dL i g h t s
WHITE WHITE
WHITE

RED RED
RED

GREEN
GREEN GREEN

F i g u r e4 F i g u r e5
A p p rov e d F o r A p p rov e d F o r
S a i l b o a t sU n d e r A l lS a i l b o a t s
6 5 . 7F e e tI nL e n g t h

WHITE
WHITE WHITE
F i g u r e6
A p p rov e d F o r
row b o a t s a n d
canoes

RED RED

GREEN GREEN

MUFFlING
Reference 32-1120
The exhaust of every internal combustion engine used on any motorboat on the
waters of the state shall be effectively muffled by equipment so constructed and used
as to muffle the noise of the exhaust. The muffler system shall be in good working
order and in constant operation and effectively installed to prevent any excessive or
unusual noise.

11
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EqUIPMENT REqUIREMENTS
CAPACITy PlATES
Reference 32-1126 and 115-30-5 U.S. COASTGUARD CAPACITY INFORMATION
All boats less than 20 feet, which were MAXIMUM PERSONS
built after November 1, 1972, and MAXIMUM GROSS LOAD
designed to carry two or more people, PERSONS,MOTOR & EQUIP. (pounds)
shall have a permanently-affixed capaci- MAXIMUM HORSEPOWER
ty plate.
THIS BOAT COMPLIES WITH U.S.C.G. SAFETY STANDARDS
No person shall operate any vessel IN EFFECT ON DATE OF CERTIFICATION
beyond the safe passenger and carrying MODEL # SERIAL #
capacity and motor horsepower of the MFR.
vessel as specified on the capacity plate.

VENTIlATION BACKFIRE FlAME


CONTROl
Reference 32-1119
All closed-construction, fuel-powered Reference 32-1119
motorboats must have ventilators to Inboard, fuel-powered engines must
remove explosive vapors from engine be equipped with a backfire flame
and fuel tank compartments. Be sure arrestor on the carburetor. The flame
that the boat is well ventilated before arrestor must meet U.S. Coast Guard
starting, especially after fueling. approval.
Gasoline vapors are heavier than air and
accumulate in the bottom of the boat,
creating a dangerous condition.

EqUIPMENT
SUGGESTIONS
MARINE TOIlETS Boat owners are advised to carry a
Reference 32-1151-55 Coast Guard approved visual distress
Human sewage from boats is a source of signal, flashlight, first aid kit, paddles,
pollution that poses environmental and boarding ladder, tool kit, extra line,
health problems. It is important that you dis- spare spark plugs, spare bilge pump,
pose of your sewage properly while boating. spare propellers, and anchor.
It is unlawful to place, leave or dis-
charge sewage into waters of this state. All
boats with a marine sanitation device shall
be in compliance with all state and federal
requirements and registration.

12
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OPERATION REqUIREMENTS
AGE RESTRICTIONS
Reference 32-1139
Any person born on or after Jan. 1, 1989 must complete an approved boater safety
education course in order to operate a motorized vessel, PWC, or sailboat on public
waters in Kansas until they reach the age of 21.
This requirement does not apply to a person operating a motorized vessel, PWC,
or sailboat accompanied by and under the direct supervision of a person 18 years of
age or older who either: possesses a certificate of completion of an approved boater
safety education course, or is legally exempt from the requirement.
Direct and audible supervision is defined as a person on board the same vessel
and in sufficiently close proximity of the operator's station to enable such person to
quickly and safely assume control of such vessel if needed. (KSA 32-1125e) The
supervising adult must be at least 18 and older and either possess a boater education
certificate or be exempt because they are over the age of 21.
No one under the age of 12 may operate a motorized vessel, including a PWC,
without direct and audible supervision regardless of boater education certification.
There is no minimum age to operate a sailboat if the operator has successfully
passed an approved boating education course.

NEGlIGENT OPERATION
Reference 32-1125
Negligent operation is the failure to exercise the degree of care necessary to prevent
the endangering of another person or their property. Examples of reckless or negli-
gent operation include:
• Operating or allowing someone to operate a vessel under the influence
of alcohol or drugs
• Operating within 200 feet of marked swimming area
• Operating above no wake speed within 200 feet of a boat ramp, boat
dock, boat storage, concessionaire’s facilities or within an area marked
with “no wake” buoys
• Operating a vessel in violation of buoy restrictions
• Failing to observe the navigation rules
• Bowriding
• Weaving through waterway traffic
• Jumping the wake of another vessel
• Operating such that you collide with another vessel, object, or person
• Allowing a person who does not meet the education requirements to
operate a vessel without direct and audible supervision

13
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OPERATION REqUIREMENTS
NAVIGATION RUlES
Reference 32-1119 and 115-30-7
It is the responsibility of every vessel operator to take all necessary action to avoid
a collision, even if their vessel has the right of way in a situation. Detailed navigation
rules are covered in a basic boating safety course.
Each operator of a vessel shall maintain a proper look-out at all times in order to
make a full appraisal of the surroundings and avoid the risk of collision. Each operator
of a vessel shall proceed at a speed that is safe and appropriate under the conditions
and be able to stop within any distance necessary to avoid a collision.
Sailboats under sail and manually powered craft usually have the right of way over
motorboats. Motorboats should stay clear of sailboats under sail and manually-pow-
ered craft and should not create a wake that may cause them trouble. Sailboats under
sail and manually-powered craft must yield the right of way when overtaking motor-
boats or when the motorboat is at anchor.
In overtaking and passing situations, the boat being passed has the right of
way, and the passing boat is required to stay clear. Pass when it is safe and at a
speed that will not endanger the overtaken vessel.

When meeting another boat head-on, stay to the right.

When two boats are crossing paths, the boat on the right has the right-of-way and
should maintain course and speed. The boat on the left should change its course to
the right until the other boat passes.

In narrow channels, boats underway must stay right of the middle of the channel.

14
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OPERATION REqUIREMENTS
PERSONAl WATERCRAFT
Reference 32-1110 and 115-30-10
Personal watercraft are vessels that use an inboard motor powering a jet
pump as their primary source of propulsion and are designed to be operated by a per-
son sitting, standing, or kneeling on the vessel, rather than in the conventional man-
ner of sitting or standing inside the vessel. PWCs are commonly known by their man-
ufacturer names such as “Jet Skis” and “Wave Runners.”
Personal watercraft are boats and must comply with all boating laws, education
requirements, registration procedures, operation and equipment requirements in
addition to the regulations specific to personal watercraft.
• Every person on board a personal watercraft must wear a Type I, Type
II, Type III, or Type V USCG approved PFD. Inflatable life jackets are not
legal.
• Each person operating a personal watercraft equipped with a lanyard
engine cut-off shall attach the lanyard to the operator’s person, clothing,
or PFD.
• Personal watercraft shall not be operated between sunset and sunrise.
• Personal watercraft shall be operated at no wake speeds (5 m.p.h. or
less) when within 200 feet of any of the following: docks, boat ramps,
swimmers, bridges, moored or anchored boats, sewage pump-out facil-
ities, or non-motorized watercraft.
• A person shall not operate a personal watercraft unless facing forward.
• Personal watercraft shall not be used to tow a person on skis, knee-
boards, inflatable crafts, or any other device unless the personal water-
craft is designed to accommodate more than one person.
• Maneuvers which unreasonably endanger others are prohibited. This
includes, but is not limited to, wake jumping and weaving through vessel
traffic.

WAKElESS SPEED
Reference 32-1119
Wakeless speed, 5mph or less, is required close to boats engaged in fishing or
moored, boat docks, launching areas, swimming areas, or within designated no wake
areas as to prevent wash or wake from the vessel causing damage or unnecessary
inconvenience to the occupants of the area or other vessels. You are responsible for
injury or damage caused by your boat’s wake.

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OPERATION REqUIREMENTS
WATER SKIING
Reference 32-1128 and 32-1129
Children 12 years of age or younger are required to wear a USCG approved life jacket
while being towed behind a vessel.

Requirements for towing:


• Boat must be equipped with a wide angle mirror or . . .
• Have on board the vessel an observer at least 12 years of age in addition to
the operator.
• PWCs must have a capacity of at least two persons and have a wide angle
mirror to pull one person. Without a wide angle mirror the capacity must be at
least three to pull one person (operator, observer, towed person). Side mirrors
are not considered wide angle.

It is Illegal to:
• Operate a vessel while towing water skiers, tubes, or similar devices from
one half hour after sunset to one half hour before sunrise.
• Water-ski or manipulate any other towed device while under the influence of
alcohol and/or drugs.
• Operate any vessel carrying passengers or cargo beyond the safe carrying
capacity (listed on the capacity plate) of the vessel. Cargo refers to any per-
sons or objects towed on skis, tubes or similar devices behind the boat.
• Operate or manipulate any vessel in such a manner that causes the towed
device or person being towed to collide with any object or person.
• Display skier down flag without having a person/s in the water after falling or
waiting to begin towed activity.

SKIER DOWN FlAG


The operator or observer shall immediately dis-
play a bright orange or red flag not less than 12”
square immediately after the person(s) being
towed are in the water, either getting ready to be
towed or during retrieval of a fallen skier. The flag
must be visible from all directions and is not to be
displayed while the vessel is actively towing.
Rule of thumb:
Skier up, flag down. Skier down, flag up.

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OPERATION REqUIREMENTS
AlCOHOl AND DRUGS
Reference 32-1130 thru 32-1135
It is unlawful to operate or attempt to operate any boat while under the influence
of alcohol or drugs. Any person who operates or attempts to operate a boat within this
state is deemed to have given consent to an alcohol and/or drug test. Failure to sub-
mit to a test will result in loss of boating privileges for three months and completion
of an approved boater education program, in addition to any other penalties pre-
scribed by law, rule, or regulation.
No person shall operate or attempt to operate any vessel within the state while:
• Under the influence of alcohol to a degree they are incapable of oper-
ating safely or…
• Has a blood or breath alcohol concentration of 0.08% or greater, or
0.02% or greater if the person is under the age of 21 or…
• Under the influence of any controlled substance, any other drug, or
any combination of alcohol, controlled substance, or drugs that renders
him or her incapable of operating safely.
Penalties for a conviction of Boating Under the Influence include fines up to $500
and imprisonment of one year.

ACCIDENT REPORTING
Reference 32-1177 and 115-30-8
An operator involved in a boating accident must immediately stop their vessel
at the scene of an accident and do the following:
• Assist anyone injured or in danger from the accident unless doing so
would seriously endanger their own vessel or passengers.
• Provide your name and address to any injured person or owner of
property that is damaged in the accident.
• Notify KDWP law enforcement officers immediately by the quickest
means available.

BIlGES AND lIVEWEllS


Reference 115-30-13
Livewells and bilges must be drained and drain plugs removed from all vessels
being removed from waters of the state before transport on a public highway. No per-
son may possess any live fish upon departure from any designated aquatic nuisance
body of water.

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INDIVIDUAl WATERCRAFT
INFORMATION
The following are specific types of watercraft about which questions arise regarding
equipment and operation requirements and prohibitions. Pursuant to K.S.A. 32-
2203(a) the definition of a vessel is any watercraft designed to be propelled by
machinery, oars, paddle, or wind action upon a sail. The U.S. Coast Guard’s definition
of a vessel has not been adopted by the state, therefore equipment and operating
requirements may differ from those on federally controlled waters and in other states.
There are no federally controlled bodies of water in the state of Kansas.

PADDlEBOARDS AND
NON-MOTORIZED CANOES AND KAyAKS
Stand up paddleboards (SUP) are considered a vessel in the state of Kansas.
Canoes and kayaks without a motor attached have the same requirements as stand
up paddleboards.

REqUIREMENTS:
• Must have a readily accessible PFD on board for each person
• Children 12 and under must wear a PFD at all times on a SUP
• Must carry a lantern or a flashlight if operating between sunset and
sunrise

PROHIBITED OPERATIONS:
• Illegal to operate inside a designated swim area
• Illegal to operate while under the influence of drugs and/or alcohol

MOTORIZED CANOES, KAyAKS AND FlOAT TUBES


Any vessel, including canoes, kayaks and float tubes that have an attached motor
must comply with the requirements for all motorized vessels.

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INDIVIDUAl WATERCRAFT
INFORMATION
SAIlBOARDS
Sailboards are considered a vessel in the state of Kansas and need to be registered
with KDWP, however they do have a few exemptions.

REqUIREMENTS:
• Must carry certificate of number and display only the registration decal
on the top of the board.
• Must carry a lantern or flashlight if operating between sunset and sun-
rise.

PROHIBITED OPERATIONS:
• Illegal to operate inside a designated swim area.
• Illegal to operate while under the influence of drugs and/or alcohol.

KITE BOARDS
Kite boards are considered a vessel in the state of Kansas and must be registered
with KDWP.

REqUIREMENTS:
• Must have a readily accessible PFD on board.
• Children 12 and under must wear a PFD at all times on a kite board.
• Must carry certificate of number and display only the registration decal
on the top of the board.
• Must carry a lantern or flashlight if operating between sunset and sun-
rise.
• Must have an approved boating education certificate to operate a kite
board under the age of 21.

PROHIBITED OPERATIONS:
• Illegal to operate inside a designated swim area.
• Illegal to operate while under the influence of drugs and/or alcohol.

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INDIVIDUAl WATERCRAFT
INFORMATION
AMPHIBIOUS VEHIClE/ATV (ARGO)
Amphibious vehicles/ATVs are considered a motorized vessel when operating on the
water and wheels/tracks are not touching the bottom.

REqUIREMENTS:
• Must have a readily accessible PFD for each person on board.
• Children 12 and under must wear a PFD at all times.
• Must carry certificate of number and display KA numbers and registra-
tion decal on the side of the front fender area.
• Must have navigation lights if operating between sunset and sunrise.
• Must have an approved boating education certificate to operate an
amphibious vehicle/ATV on the water without being under direct and
audible supervision (see boating education requirements). The minimum
age to operate a motorized vessel without direct and audible supervision
is 12 years of age if the boating education requirement is met.

PROHIBITED OPERATIONS:
• Illegal to operate inside a designated swim area.
• Illegal to operate while under the influence of drugs and/or alcohol.

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U.S. AIDS TO NAVIGATION


WATERWAy MARKER SySTEM
Markers give you the important information that will make your boating experience
safe and enjoyable. They identify restricted or dangerous waters. They tell you where
wakeless speed is required and where boating is not allowed. They mark channels.
They alert you to SCUBA diving activities.
SCUBA divers must place a buoy at or near the point of submergence. The buoy
must bear a red flag of proper size and requirements. It is unlawful to display this flag
when diving or spear fishing is not in progress.

Control or Restriction Buoys Boats Prohibited Buoy


These buoys are all white with an orange These buoys are all white with an
circle. They indicate controlled or restricted orange diamond with an orange
areas on the water such as speed limits, no cross inside. They mean BOATS
fishing, no skiing, no scuba diving. Informa- KEEP OUT. They most often indi-
tion on them is printed in black. cate swimming beaches.

Channel Marker Buoys


All-green and all-red companion
buoys indicate that the boating
channel is between them. In flowing Information or
water, the red buoy is on the right
Direction Buoys
side of the channel when facing
upstream. The boating channel lies These buoys are all white with
between these buoys. an orange rectangle. They inform
boaters of directions, distances,
locations, supplies, and other
Danger Buoy nonregulatory information. Infor-
mation is printed in black.
These buoys are all white with an
orange diamond. They are used to
warn boaters of dangers such as Mooring Buoys
rocks or cables. Information on them
is printed in black. These buoys are all white with a blue stripe
midway between the top and water-line. They
will be spherical or ovate in shape with a
minimum of 18 inches above the water line.
Authorization for placement shall be regulated
the same as any other buoy, aid, or marker
All White Buoys with when placed more than 150 feet from shore.
Black Vertical Stripes
These buoys indicate a
dangerous area. Boats Divers Flag
should not pass between
the buoy and the shore. Used by recreational divers.
Required by law in some states.
Flag color is red with white stripes.

All White Buoys with


Red Vertical Stripes
These buoys show the Alpha Flag
center of the channel and Displayed by vessels restricted in
should be passed close to their ability to maneuver while
on either side. engaged in diving operations. Flag
color is blue with white stripe.

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KANSAS BOATING STATUTES


32-1101 – Policy. It is the policy of this does not have, a valid marine document
state to promote safety for persons and issued by the United States coast guard
property in and connected with the use, or federal agency successor thereto.
operation and equipment of vessels and to (l) “Reportable boating accident” means
promote uniformity of laws relating thereto. an accident, collision or other casualty
involving a vessel subject to this act
32-1102 – Definitions. As used in article 11 which results in loss of life, injury suffi-
of chapter 32 of the Kansas Statutes cient to require first aid or medical
Annotated and amendments thereto, attention, or actual physical damage to
unless the context clearly requires a differ- property, including a vessel, in excess
ent meaning: of an amount established by rules and
(a) “Vessel” means any watercraft regulations adopted by the secretary in
designed to be propelled by machin- accordance with K.S.A. 32-805 and
ery, oars, paddles or wind action upon amendments thereto.
a sail for navigation on the water. (m) “Marine sewage” means any sub-
(b) “Motorboat” means any vessel pro- stance that contains any of the waste
pelled by machinery, whether or not products, excrement or other dis-
such machinery is the principal source charges from the bodies of human
of propulsion. beings or animals, or foodstuffs or
(c) “Owner” means a person, other than a materials associated with foodstuffs
lien holder, having the property in or intended for human consumption.
title to a vessel. The term includes a (n) “Marine toilet” means any latrine,
person entitled to the use or posses- head, lavatory or toilet which is intend-
sion of a vessel subject to an interest in ed to receive marine sewage and
another person, reserved or created by which is located on or in any vessel.
agreement and securing payment or (o) “Passenger” means any individual
performance of an obligation, but the who obtains passage or is carried in or
term excludes a lessee under a lease on a vessel.
not intended as security. (p) “Sail board” means a surfboard using for
(d) “Waters of this state” means any waters propulsion a free sail system comprising
within the territorial limits of this state. one or more swivel-mounted rigs (mast,
(e) “Person” means an individual, part- sail and booms) supported in an upright
nership, firm, corporation, association, position by the crew and the wind.
or other entity. (q) “Dealer” means any person who:
(f) “Operate” means to navigate or other- (1) For a commission or with an intent
wise use a motorboat or a vessel. to make a profit or gain of money or
(g) “Department” means the Kansas other thing of value, sells, barters,
Department Wildlife, Parks and Tourism. exchanges, leases or rents with the
(h) “Secretary” means the secretary of option to purchase, offers, attempts
wildlife and parks. to sell, or negotiates the sale of any
(i) “Length” means the length of the ves- vessel, whether or not the vessel is
sel measured from end to end over the owned by such person;
deck excluding sheer. (2) maintains an established place of
(j) “Operator” means the person who business with sufficient space to dis-
operates or has charge of the naviga- play vessels at least equal in num-
tion or use of a motorboat or a vessel. ber to the number of dealer certifi-
(k) “Undocumented vessel” means a ves- cates of number the dealer has been
sel which is not required to have, and assigned; and

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KANSAS BOATING STATUTES


(3) maintains signage easily visible lated by this act shall take place there-
from the street identifying the estab- on, but nothing in this act shall be con-
lished place of business. strued to prevent the adoption of any
(r) “Demonstrate” means to operate a ordinance or regulation by any subdivi-
vessel on the waters of this state for sion or municipality of this state relating
the purpose of selling, trading, negoti- to waters under the control or jurisdic-
ating or attempting to negotiate the tion of such subdivision or municipality,
sale or exchange of interest in new or and such ordinances or regulations
used vessels or for the purpose of test- shall be valid and enforceable so long
ing the design or operation of a vessel. as and to the extent that they are not
(s) “Sailboat” means any vessel, other contradictory to provisions of article 11
than a sail board, that is designed to of chapter 32 of the Kansas Statutes
be propelled by wind action upon a sail Annotated and amendments thereto or
for navigation on the water. rules and regulations adopted thereun-
(t) “Boat livery” means any person offer- der. Such ordinances or regulations
ing a vessel or vessel of varying types shall not be adopted by such subdivi-
for rent. sion or municipality until after public
(u) “Cargo” means the items placed with- notice by the enacting body. Following
in or on a vessel and shall include any such adoption the enacting body shall
persons or objects towed on water submit the same to the secretary, set-
skis, surfboards, tubes or similar ting forth the reasons which make such
devices behind the vessel. regulations necessary or appropriate,
(v) “State of principal use” means the and requesting the approval of such
state on the waters of which a vessel is regulations by the secretary. If the sec-
used or to be used most during the cal- retary approves such regulations they
endar year. shall become operative; otherwise,
(w) “Use” means to operate, navigate or such regulations shall have no effect.
employ. Notwithstanding the foregoing provi-
(x) “Abandoned vessel” means any ves- sions, the secretary shall not regulate
sel on public waters or public or private fees to be charged by political subdivi-
land which remains unclaimed for a sions or municipalities as to waters
period of 15 consecutive days. under their control or jurisdiction.
(b) The secretary is hereby authorized to
32-1103 – Applicable laws; rules and reg- adopt, in accordance with K.S.A. l989
ulations. Supp. 32-805 and amendments there-
(a) The provisions of K.S.A. 1989 Supp. 32- to, rules and regulations with reference
1101 through 32-1104, 32-1110 to the operation of vessels on any
through 32-1113, 32-1119, 32-1125 waters within the state.
through 32-1128, 32-1130 through 32-
1137, 32-1148 through 32-1155, 32- 32-1104 – Annual reports to county asses-
1166, 32-1172, 32-1173 and 32-1177 sors. Annually, on or before the first day of
through 32-1180, and amendments February, the secretary shall furnish to the
thereto, and of other applicable laws of county assessor of each county in this state
this state shall govern the operation, a list of the names and addresses of the
equipment, numbering and all other owners of motorboats in each county and
matters relating thereto whenever any the identification numbers issued therefor
vessel shall be operated on the waters by the secretary which were in effect on
of this state, or when any activity regu- January l of each year. It shall be the duty of

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KANSAS BOATING STATUTES


the county assessors of each county to sales or compensating tax, the secre-
check such lists against the personal proper- tary shall enter the same upon the
ty tax returns of the owners of such motor- records of the department and issue to
boats for any discrepancies between such the applicant a certificate of number
lists and such personal property tax returns. stating the number awarded to the ves-
sel and the name and address of the
32-1110 – Requirement. Every undocu- owner. Unless otherwise provided by
mented, mechanically propelled vessel or rules and regulations, the owner shall
sailing vessel using the waters of this state, paint on or attach to each side of the
as its state of principal use, shall be num- bow of the vessel the identification num-
bered, except those exempted by K.S.A. ber in such manner as prescribed by
32-1113, and amendments thereto. No per- rules and regulations of the secretary in
son shall operate or give permission for the order that it may be clearly visible. The
operation of any motorboat or vessel pro- number shall be maintained in legible
pelled by sail on such waters unless such condition. The certificate of number
vessel is numbered in accordance with this shall be pocket size and, unless other-
act, applicable federal law or a federally wise provided by rules and regulations,
approved numbering system of another shall be available at all times for inspec-
state, and unless tion on the vessel for which issued,
(l) the certificate of number awarded to such whenever such vessel is in operation.
vessel is in full force and effect and No person charged with a violation of
(2) the identifying number set forth in the the preceding sentence shall be con-
certificate of number is displayed on victed of such offense if such person
each side of the bow of such vessel, produces in court or the office of the
unless otherwise provided by rules arresting officer a certificate of number
and regulations of the secretary. issued and valid at the time of such per-
son’s arrest.
32-1111 – Application; certification; tempo- (b) The owner of any vessel already cov-
rary permit; rules and regulations. ered by a number in full force and
(a) The owner of each vessel requiring num- effect which has been awarded to it
bering by this state shall file an applica- pursuant to the then operative federal
tion for number with the secretary on law or a federally approved numbering
forms approved by the secretary. The system of another state shall record
application shall be signed by the owner the number prior to operating the ves-
of the vessel and shall be accompanied sel on the waters of this state in excess
by the vessel registration fee prescribed of the 60-day reciprocity period provid-
pursuant to K.S.A. 32-1172, and ed for in subsection (l) of K.S.A. 32-
amendments thereto and by proof of 1113, and amendments thereto. Such
payment of any tax imposed under the recordation shall be in the manner and
provisions of K.S.A. l2-l87, l2-l98, the pursuant to the procedure required for
Kansas retailers’ sales tax act or the the award of a number under this sub-
Kansas compensating tax act, and section, including the submission of
amendments thereto, as the case proof of payment of sales or compen-
requires, upon forms devised and fur- sating tax, except that no additional or
nished by the department of revenue to substitute number shall be issued.
every county treasurer for such pur- (c) Should the ownership of a numbered
pose. Upon receipt of the application in vessel change, a new application form
approved form and proof of payment of with fee and proof of payment of sales

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KANSAS BOATING STATUTES


or compensating tax shall be filed with sel numbered in this state pursuant to
the secretary and a new certificate of subsections (a) and (b) or of the
number shall be awarded in the same destruction or abandonment of such
manner as provided for in an original vessel within l5 days thereof. Such
award of number, except that where transfer, destruction, or abandonment
the state of principal use remains shall terminate the certificate of num-
unchanged the number may be identi- ber for such vessel and the certificate
cal with the previous one. of number shall be surrendered to the
(d) If an agency of the United States gov- secretary as a part of the notification of
ernment has in force an overall system transfer, destruction, or abandonment
of identification numbering for vessels except, that in the case of a transfer of
within the United States, the number- a part interest which does not affect
ing system employed pursuant to this the owner’s right to operate such ves-
act by the secretary shall be in con- sel, such transfer shall not terminate
formity therewith. the certificate of number.
(e) The secretary may award any certificate (j) Any holder of a certificate of number
of number directly or may authorize shall notify the secretary within l5 days
any person to act as agent for the if the holder’s address no longer con-
awarding thereof. If a person accepts forms to the address appearing on the
such authorization, such person may certificate and shall, as a part of such
be assigned a block of numbers and notification, furnish the secretary with
certificates therefore which upon a new address. The secretary may pro-
award, in conformity with this act and vide by rules and regulations for the
with any rules and regulations of the surrender of the certificate bearing the
secretary, shall be valid as if awarded former address and its replacement
directly by the secretary. with a certificate bearing the new
(f) All records of the secretary made or kept address or for the alteration of an out-
pursuant to this section shall be public standing certificate to show the new
records. address of the holder.
(g) Every certificate of number awarded (k) No number other than the number award-
pursuant to this act shall continue in ed to a vessel or granted reciprocity pur-
full force and effect for a period of three suant to this act shall be painted,
years unless sooner terminated or dis- attached, or otherwise displayed on
continued in accordance with the pro- either side of the bow of such vessel.
visions of this act. Certificates of num- (l) If a certificate of number becomes lost,
ber may be renewed by the owner in destroyed, mutilated or illegible, the
the same manner provided for in the owner of the vessel for which the same
initial securing of the number. was issued may obtain a duplicate of
(h) The secretary shall fix a day and month such certificate upon application there-
of the year on which certificates of fore to the secretary. The application
number due to expire during the calen- shall be in writing, shall describe the cir-
dar year shall lapse and no longer be cumstances of the loss or destruction
of any force and effect unless renewed and shall be accompanied by the dupli-
pursuant to this act. cate fee prescribed pursuant to K.S.A.
(i) The owner shall furnish the secretary 32-1172, and amendments thereto.
notice of the transfer of all or any part (m) The secretary is authorized, in the sec-
of such owner’s interest other than the retary’s discretion, to provide and have
creation of a security interest in a ves- issued for vessels requiring registra-

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KANSAS BOATING STATUTES


tion and numbering under this act, a vessel documented by the United
30-day temporary registration permit States Coast Guard without obtaining
for the temporary vessel registration a certificate of registration as provided
fee prescribed pursuant to K.S.A. 32- by this section, the secretary shall can-
1172, and amendments thereto. Such cel the registration of all vessels regis-
permits shall be in the form as pre- tered in the name of the person,
scribed by the secretary and available whether as sole owner or a co-owner,
for purchase or resale by any person and shall notify the person that the
designated by the secretary. In addition cancellation will remain in force until
to the permit fee, any person selling the person pays the delinquency
such temporary permits may collect a penalty fee together with all fees,
service charge of not to exceed $1 for charges and payments which the per-
each permit issued. Such temporary son should have paid in connection
permit shall expire 30 days from the with the vessel certificate of registra-
date of issuance. tion. The secretary shall maintain a list-
(n) (1) The owner of any vessel document- ing of such registered documented
ed by the United States Coast Guard vessels, to be supplied to the county
and the new owner of any vessel, who assessor of each county in the state as
upon the sale or transfer of the vessel required under K.S.A. 32-1104, and
that documents the vessel with the amendments thereto. Such vessels
United States Coast Guard, shall apply shall not be included in the total num-
for a vessel certificate of registration ber of registered vessels of the state
and pay a fee equal to the amount applied toward the number reflected on
required for a vessel registration pur- any United States Coast Guard grants,
suant to K.S.A. 32-1172, and amend- where prohibited.
ments thereto, before using such ves- (2) The registration decals for any vessel
sel on the waters of this state. The documented by the United States
application shall include the county in Coast Guard shall be in force and
which such vessel will be normally effect for a period of three years so
maintained by the owner and any other long as the vessel is owned or held
information required by the secretary. by the original holder of the certifi-
A certificate of registration and a set of cate of registration and shall be
registration decals in the form pre- renewed upon application and pay-
scribed by the secretary shall be ment of a registration renewal fee
issued for a documented vessel. A equal to the amount required for a
nonresident shall make application for vessel registration pursuant to
a vessel certificate of registration with- K.S.A. 32-1172, and amendments
in 60 days after acquiring a vessel in thereto. The owner shall attach the
this state or bringing a vessel into this registration decals to both sides of
state if the vessel will be kept in this the forward half of the bow of the
state for a period in excess of 60 con- documented vessel in a place that is
secutive days. A delinquency penalty fully visible.
fee of $20 shall be imposed for each (3) Upon the sale or transfer of any ves-
30 days of delinquency, not to exceed sel documented by the United
a total of $60. If the secretary learns States Coast Guard, the new owner
that any person failed to acquire a ves- shall submit, in addition to the prop-
sel certificate of registration in accor- erly assigned certificate of registra-
dance with this section or has sold a tion, proof of release from the docu-

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KANSAS BOATING STATUTES


mentation of the United States such dealer. Such dealer certificate of num-
Coast Guard and shall comply with ber may be used in lieu of a regular certifi-
the provisions of this section. If the cate of number for the purposes of demon-
new owner elects not to document strating, displaying or exhibiting vessels
the vessel with the United States held in inventory of such dealer. Such deal-
Coast Guard, the owner shall com- er certificate of number may also be used
ply with the applicable provisions for on such dealer’s service vessel, or substi-
registering vessels in this state. tute vessels owned by the dealer but loaned
(4) The certificate of registration shall be to a customer when the dealer is repairing
available at all times for inspection such customer’s vessel.
on the vessel for which it is issued, (b) No dealer in vessels of a type required
whenever the vessel is in operation, to be numbered under the laws of this
moored or occupied while on waters state shall cause or permit any such
within this state. vessel owned by such dealer to be on
(o) The secretary shall adopt, in accor- the waters of this state unless the origi-
dance with K.S.A. 32-805, and amend- nal dealer certificate of number accom-
ments thereto, rules and regulations panies the vessel and the number
for the administration of the provisions assigned by such dealer certificate is
of this section, including but not limited temporarily placed on the vessel as
to numbering applications, certificates required by this section. A dealer who
of number, temporary 30-day permits, wishes to operate or allow operation of
display of number and reports on more than one vessel simultaneously
change of address, destruction and on the waters of this state shall apply for
sale or transfer of ownership. additional dealer certificates as provid-
ed by the secretary.
32-1112 – Testing or demonstrating ves- (c) No dealer certificate of number shall
sels. (a) A licensed dealer demonstrating, be issued to any dealer unless such
displaying or exhibiting on the waters of this dealer at the time of making applica-
state any vessel of a type required to be tion therefore exhibits to the secretary
numbered under the laws of this state may or the secretary’s agent a receipt
obtain from the department, in lieu of showing that the applicant has paid all
obtaining a certificate of number for each personal property taxes and sales tax
such vessel, dealer certificates of number levied against such dealer for the pre-
for use in demonstrating, displaying or ceding year, including taxes assessed
exhibiting any such vessel. No such dealer against vessels of such dealer which
certificate of number shall be issued by the were assessed as stock in trade, or
department except upon application to the unless the dealer exhibits satisfactory
secretary upon forms prescribed by the evidence that the dealer had no tax-
secretary and upon payment of the required able personal property for the preced-
fees. The dealer certificate of number must ing year. If application for registration is
accompany the vessel and the number made before June 21, the receipt may
assigned by such dealer certificate must be show payment of only 1/2 of the pre-
temporarily placed on the vessel while it is ceding year’s taxes.
being demonstrated, displayed or exhibited (d) To determine the number of dealer
on the waters of this state. During the calen- certificates of number a dealer needs,
dar year for which issued, such dealer cer- the secretary may base the decision
tificate may be transferred from one such on the dealer’s past sales, inventory
vessel to another owned or operated by and any other pertinent factors as the

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secretary may determine. After the end notify the secretary and return the
of the first year of licensure as a deal- dealer’s license and dealer certificates
er, not more than one dealer certificate of number and, upon receipt of such
of number shall be issued to any deal- notice, license and certificates of num-
er who has not reported to the secre- ber, the secretary shall cancel the
tary the sale of at least five vessels in dealer’s certificates of number, except
the preceding year. There shall be no that such dealer, upon payment of 50%
refund of fees for dealer certificates of of the annual dealer’s license fee to the
number in the event of suspension, secretary, may have the license and
revocation or voluntary cancellation of dealer certificates of number assigned
such certificates of number. to the purchaser of the business.
(e) Any dealer of vessels may authorize (g) The secretary shall adopt, in accor-
use of dealer certificates of number dance with K.S.A. 32-805 and amend-
assigned to such dealer by the following: ments thereto, rules and regulations
(1) The licensed dealer and such deal- for the administration of provisions of
er’s spouse; this section, including but not limited
(2) any employee of such dealer when to, dealer certificate of number appli-
the use thereof is directly connected cations and renewals, temporary
to a particular business transaction placement of numbers and posses-
of such dealer; and sion of dealer certificates of number.
(3) the dealer’s customer when oper-
ating a vessel in connection with 32-1113 – Exemptions. A vessel shall not
negotiations to purchase such ves- be required to be numbered under this act
sel or during a demonstration of if it is:
such vessel, as stated in a written (l) Already covered by a number in full
agreement between the dealership force and effect which has been
and the customer, with such awarded to it pursuant to federal law or
required information as deemed a federally approved numbering sys-
necessary by the secretary. tem of another state, if such boat has
(f) Except as hereinafter provided, every not been within this state for a period
dealer of vessels shall: in excess of 60 consecutive days.
(1) On or before the 20th day of the (2) A vessel from a country other than
month following the end of a calendar the United States temporarily using
quarter, file a report for such quarter the waters of this state.
report, on a form prescribed and fur- (3) A vessel whose owner is the United
nished by the secretary, listing all States, a state or a subdivision
sales or transfers, including the name thereof.
and address of the purchaser or trans- (4) A ship’s lifeboat.
feree, date of sale, the serial or identi- (5) A vessel belonging to a class of
fication number of the vessel, and boats which has been exempted
such other information as the secre- from numbering by the secretary if it
tary may require. The department shall is determined that the numbering of
make a copy of the report available to vessels of such class will not materi-
the department of revenue. ally aid in their identification; and, if
(2) Whenever a dealer sells or otherwise an agency of the federal government
disposes of such dealer’s business, or has a numbering system applicable
for any reason suspends or goes out of to the class of vessels to which the
business as a dealer, such dealer shall vessel in question belongs, after the

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secretary has further found that the tion for the license within 30 days after
vessel would also be exempt from receipt thereof by written notice to the
numbering if it were subject to the applicant, stating the grounds for such
federal law. denial. Upon request by the applicant
whose license has been so denied, the
32-1114 – Dealer’s license. (a) No dealer applicant shall be granted an opportu-
of vessels shall be eligible to obtain dealer nity to be heard in accordance with the
certificates of number pursuant to K.S.A. provisions of the Kansas administra-
32-1112, and amendments thereto, unless tive procedure act.
such dealer holds a dealer’s license issued (e) If a licensee is a firm or corporation,
by the secretary. The application for a deal- it shall be sufficient cause for the
er’s license shall be made to the secretary denial, suspension or revocation of a
and shall contain such information as the license that any officer, director or
secretary deems reasonable and pertinent trustee of the firm or corporation, or
for the enforcement of the provisions of this any member in case of a partnership,
section. The application shall be accompa- has been guilty of any act or omis-
nied by the fee required under K.S.A. 32- sion which would be good cause for
1172, and amendments thereto. refusing, suspending or revoking a
(b) A dealer’s license shall be granted or license to such party as an individ-
refused within 30 days after the appli- ual. Each licensee shall be responsi-
cation is received by the secretary. The ble for the acts of any of the licens-
license shall expire, unless previously ee’s salespersons, representatives
suspended or revoked, on December or employees while acting as the
31 of the calendar year for which the licensee’s agent.
license is granted. Any application for (f) Any licensee or other person
renewal received by the secretary after aggrieved by a final order of the secre-
February 15 shall be considered as a tary pursuant to this section may
new application. appeal to the district court as provided
(c) The secretary may deny, suspend, by the act for judicial review and civil
revoke or refuse renewal of a person’s enforcement of agency actions.
dealer’s license if the person has:
(1) Made a material false statement in 32-1115 – Identification numbers; unlaw-
an application for a dealer’s license; ful acts
(2) filed a materially false or fraudulent (a) No person shall:
tax return as certified by the director (1) Intentionally deface, destroy, remove or
of taxation; alter any hull identification number
(3) knowingly used or permitted the required for a vessel, without written
use of a dealer certificate of number authorization from the secretary.
contrary to law; (2) Place or stamp any serial number
(4) failed to notify the secretary within upon a vessel other than a number
10 days of any dealer certificate of assigned to the vessel by the sec-
number that has been lost, stolen, retary.
mutilated or destroyed; or (b) It shall be unlawful to sell, barter,
(5) has failed or refused to surrender exchange or possess any vessel if the
the dealer’s license or dealer’s certifi- original hull identification number has
cates of number to the secretary or been destroyed, removed, altered or
the secretary’s agent upon demand. defaced.
(d) The secretary may deny the applica- (c) This section does not prohibit:

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(1) The restoration of the original hull (b) Any vessel having a destroyed,
identification number by an owner of removed, altered or defaced hull iden-
a vessel when the restoration of tification number, which was not con-
such number is authorized by the structed in accordance with subsection
secretary. (a), and if the true identity of the vessel
(2) Any manufacturer from placing num- cannot be determined, shall be reas-
bers or marks in the ordinary course signed a new hull identification number
of business upon new vessels or by the secretary or destroyed.
parts of vessels.
(d) Any law enforcement officer having 32-1117 – Handmade vessels; assignment
knowledge of a vessel with a hull iden- of number and decals; display fee
tification number that has been (a) Whenever the secretary assigns a hull
destroyed, removed, altered or identification number to a handmade
defaced may seize and take posses- vessel, the hull identification number
sion of such vessel and may arrest the shall consist of two letters designating
owner or custodian thereof and cause the state followed by the letter ‘‘Z’’; the
prosecution to be brought in a court of next five characters shall be an identi-
competent jurisdiction. fying serial number and the last four
(e) The secretary, upon request, shall characters shall indicate the month
assign a hull identification number to and year of the vessel certificate of
any handmade vessel. ownership issuance.
(f) Any person who knowingly violates any (b) The registered owner of a handmade
provision of subsection (a) or (b) shall vessel for which a hull identification
be guilty of a class A nonperson mis- number has been assigned shall
demeanor. carve, burn, stamp, emboss or other-
wise permanently affix the assigned
32-1116 – Assembled, reconstructed or number to the outboard side of the
restored vessels; existing number unidenti- starboard side of the transom or, if
fiable there is no transom, to the outermost
(a) When application for a certificate of num- starboard side at the end of the hull
ber is made for a vessel which has been that bears the rudder or other steering
assembled, reconstructed, reconstitut- mechanism and above the waterline of
ed or restored from one or more ves- the vessel in such a way that alteration,
sels, or the hull identification number as removal, or replacement would be evi-
required by law is unidentifiable or dent. The number must be at least 1⁄4
uncertain, the owner of such vessel inch in height.
shall request the secretary inquire into (c) The secretary shall issue a decal which
the origin of the vessel. Such informa- indicates the assigned hull identifica-
tion shall be supplied by affidavit of the tion number to be affixed to each ves-
owner, if requested by the secretary. If, sel which has been assigned under
in the determination of the secretary, this section. The decal shall be affixed
the vessel contains no stolen parts, the no more than two inches below the
secretary shall assign an existing or location of the hull identification num-
new hull identification number to the ber placed pursuant to the provisions
vessel and direct the location and man- in subsection (b). Such decal, as well
ner to affix the hull identification num- as a duplicate decal placed in an unex-
ber. A charge of $10 shall be paid by the posed portion of the interior of the ves-
owner of a vessel requesting the inquiry. sel, shall be affixed by the department.

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(d) It shall be unlawful to remove, alter or (B) “Sidelights” means a green light
deface a decal or duplicate decal on the starboard side and a red
which has been issued for or affixed to light on the port side each show-
a vessel pursuant to the provisions of ing an unbroken light over an arc
subsection (c), or to affix or otherwise of the horizon of 112.5 degrees
display such a decal or duplicate decal and so fixed as to show the light
on any vessel other than the vessel for from right ahead to 22.5 degrees
which the hull identification number abaft the beam on its respective
was assigned, without first having side. On a vessel of less than 20
obtained the written permission by the meters in length, the sidelights
department. may be combined in one lantern
(e) A hull identification inspection fee of carried on the fore and aft center-
$10 shall be assessed to the owner of line of the vessel.
a vessel requesting a hull identification (C) “Sternlight” means a white light
number pursuant to this section. placed as nearly as practicable at
the stern showing an unbroken
32-1119 – Classes; requirements. light over an arc of the horizon of
(a) Motorboats subject to the provisions of 135 degrees and so fixed as to
this act shall be divided into four class- show the light of 67.5 degrees
es as follows: from right aft on each side of the
Class A. Less than l6 feet in length. vessel.
Class l. Sixteen feet or over and less than (D) “All-round light” means a light
26 feet in length. showing an unbroken light over
Class 2. Twenty-six feet or over and less an arc of the horizon of 360
than 40 feet in length. degrees.
Class 3. Forty feet and over in length. (2) Every motorboat of classes A and l
(b) Every motorboat in all weathers from shall carry the following lights: First.
sunset to sunrise shall carry and An all-round light carried aft and
exhibit the following lights when under high enough to be unobstructed.
way, and during such time no other Second. Sidelights in the fore part
lights which may be mistaken for of the vessel and lower than the all-
those prescribed shall be exhibited. round light.
(1) Definitions. (3) Every motorboat of classes 2 and 3
(A) “Masthead light” means a white shall carry a masthead light, stern-
light placed over the fore and aft light and sidelights. The sidelights
centerline of the vessel showing shall be fitted with inboard screens
an unbroken light over an arc of of sufficient height so set as to pre-
the horizon of 225 degrees and vent these lights from being seen
so fixed as to present the light across the bow.
from the right ahead to 22.5 (4) Motorboats when propelled by sail
degrees abaft the beam on either alone, and sailing vessels when
side of the vessel, except that on propelled by sail alone, shall carry
a vessel of less than 12 meters in sidelights and a sternlight.
length, the masthead light shall (5) Manually propelled vessels shall
be placed as nearly as practica- carry, ready at hand, a lantern or
ble to the fore and aft centerline flashlight showing a white light
of the vessel. which shall be exhibited in sufficient
time to avert collision.

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(6) Every white light prescribed by this which all occupants row, scull or paddle,
section shall be of such character as with the exception of a coxswain, and is
to be visible at a distance of at least not designed to carry and does not
two miles. Every colored light pre- carry any equipment, not solely for com-
scribed by this section shall be of petitive racing.
such character as to be visible at a (g) Every motorboat shall be provided with
distance of at least one mile. The such number, size, and type of coast
word “visible” in this subsection, guard approved fire extinguishers, capa-
when applied to lights, shall mean ble of promptly and effectually extin-
visible on a dark night with clear guishing burning gasoline, as may be
atmosphere. prescribed by rules and regulations of
(7) When propelled by sail and machinery the secretary, which fire extinguishers
any motorboat shall carry the lights shall be at all times kept in condition for
required by this section for a motor- immediate and effective use and shall
boat propelled by machinery only. be so placed as to be readily accessible.
(8) All vessels at anchor between sunset (h) The provisions of subsections (d), (e)
and sunrise, unless anchored at a and (g) shall not apply to outboard
designated site, shall carry forward, motorboats while competing in any race
or where it can best be seen, a conducted pursuant to K.S.A. 32-1149,
bright white light to show all round and amendments thereto or, if such
the horizon and visible for one mile. boats are designed and intended solely
(c) In lieu of the lights required by subsec- for racing, while engaged in such navi-
tion (b), any vessel may carry and gation as is incidental to the tuning up of
exhibit the lights required by the feder- the boats and engines for the race.
al regulations under the inland naviga- (i) Every motorboat shall have the carbure-
tional rules act of December 24, 1981 tor or carburetors of every engine
(33 U.S.C. 2020-2030), as in effect on therein, except outboard motors using
the effective date of this act, or as pre- gasoline as fuel, equipped with such
scribed by rules and regulations of the efficient coast guard approved flame
secretary. arrester, backfire trap or other similar
(d) Every motorboat shall be provided with device as may be prescribed by rules
an efficient whistle or other sound-pro- and regulations of the secretary.
ducing mechanical appliance. (j) Every such motorboat and every such
(e) Every motorboat of class 3 shall be pro- vessel, except open boats, using as
vided with an efficient bell. fuel any liquid of a volatile nature shall
(f) Every vessel, other than sail boards used be provided with such means as may
for wind surfing, racing shells or rowing be prescribed by rules and regulations
sculls shall carry at least one coast of the secretary for properly and effi-
guard approved lifesaving device of the ciently ventilating the bilges of the
sort prescribed by rules and regulations engine and fuel tank compartments so
of the secretary, in good and servicea- as to remove any explosive or inflam-
ble condition, for each person on board, mable gases.
so placed as to be readily accessible. (k) The secretary is hereby authorized to
As used in this subsection, “racing shell” adopt, in accordance with K.S.A. l989
and “rowing scull” mean a manually pro- Supp. 32-805 and amendments thereto,
pelled vessel that is recognized by rules and regulations required to carry
national or international racing associa- out in the most effective manner all of
tions for use in competitive racing in the provisions of this act and to alter,

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modify or supplement the equipment (c) Any officer authorized to enforce the
requirements contained in this section to provisions of this section who has rea-
the extent necessary to keep these sonable suspicion to believe that a
requirements in conformity with the pro- motorboat is not in compliance with the
visions of the federal navigation laws or noise levels established in this section
with the navigation rules promulgated by may direct the operator of such motor-
the United States Coast Guard. boat to submit the motorboat to an on-
(l) The secretary is hereby authorized to site test to measure noise levels, with
establish and maintain, for the opera- the officer on board if such officer
tion of vessels on the waters of this chooses, and the operator shall comply
state, pilot rules in conformity with the with such request. The owner of any
pilot rules contained in the federal nav- motorboat which violates any provision
igation laws or the navigation rules of this section shall have sixty days
promulgated by the United States from the date of the violation to bring
coast guard. the motorboat into compliance with the
(m) No person shall operate or give per- provisions of this section. Thereafter, it
mission for the operation of a vessel shall be the owner's responsibility to
which is not equipped as required by have the motorboat tested by the
the laws of Kansas and rules and reg- department. If the motorboat fails such
ulations of the secretary. test, the motorboat shall not be operat-
(n) No person shall operate a motorboat or ed on the waters of this state until the
other vessel close to swimming areas, department certifies that the motorboat
moored boats or vessels engaged in is in compliance with the provisions of
fishing, servicing buoys or markings, or this section. Failure to comply with a
similar activities, without reducing the request or direction of an officer made
speed of the vessel so as to prevent pursuant to this subsection is a class C
wash or wake from the vessel causing misdemeanor. Nothing in this section
damage or unnecessary inconven- shall be construed to limit the officer's
ience to the occupants of the area or ability to enforce this section and to
other vessels. issue citations to the owner or operator
of any motorboat during the sixty-day
32-1120 – Restrictions on motorboat compliance period.
exhaust noise; compliance; penalties.
(a) A motorboat shall not be operated on 32-1125 – General prohibitions.
the waters of this state under any con- (a) No person shall operate any motorboat
dition or in any manner whereby the or vessel or manipulate any water skis,
motorboat exhaust noise emits a surfboard or similar device in a reck-
sound level in excess of 92 decibels on less or negligent manner so as to
the "A" weighted scale, when subject- endanger the life or property of any
ed to a stationary sound level test as person.
prescribed by SAE J2005. (b) No person shall manipulate any water
(b) The provisions of subsection (a) shall not skis, surfboard or similar device while
apply to motorboats officially registered under the influence of alcohol or drugs,
and competing in or while on trial runs or both.
48 hours immediately preceding a regat- (c) No person shall operate any motorboat or
ta, race, marine parade, tournament or vessel for pleasure riding or pull any
exhibition which has been authorized or water skis, surfboard or similar device in
permitted by the department. any waters of this state marked by buoys

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or otherwise designated as a mooring, a stop. The signal may be given by
launching, fishing or hunting non-boat- hand, voice, emergency light or siren
ing area by a county or other political and shall be given by a uniformed law
subdivision or by the secretary, except enforcement officer prominently dis-
that a motorboat or vessel used for fish- playing the officer’s badge of office.
ing may be operated in a mooring or
launching non-boating area. As used in 32-1126 – Capacity limits.
this subsection, “waters of this state” (a) No person shall operate any vessel on
includes, but is not limited to, any water any waters of this state carrying pas-
storage reservoir impoundments over sengers or cargo beyond the safe pas-
which the secretary has been granted senger and cargo carrying capacity of
jurisdiction by the proper agency or offi- the vessel as specified on the capacity
cial of the United States government. plate required by subsection (b).
(d) No person shall operate or moor a ves- (b) Every vessel less than 20 feet on
sel within a water area which is length designed to carry two or more
marked, by buoys or some other distin- persons and to be propelled by
guishing device, as a bathing or swim- machinery as its principal source of
ming area or as an all-boats-prohibited power or designed to be propelled by
area. No person shall operate a vessel oars, if manufactured or offered for
for purposes other than fishing in areas sale in this state by the manufacturer
marked by buoys or otherwise desig- after November l, l972, shall have per-
nated as fishing areas, and no person manently affixed thereto by the manu-
shall operate a vessel for purposes facturer a capacity plate as required by
other than hunting in areas marked by this section. Such capacity plate shall
buoys or otherwise designated as bear the following:
hunting areas, and in areas designated (l) For all vessels designed for or repre-
for combined use of fishing and hunt- sented by the manufacturer as being
ing, vessels may be used for both pur- suitable for use with outboard motor:
poses unless prohibited by federal law. (A) The total weight of persons, motor,
(e) No owner or person in possession of a gear and other articles placed
vessel shall permit a person under l2 aboard which the vessel is capa-
years of age to operate a motorboat ble of carrying with safety under
unless accompanied and under the normal conditions.
direct and audible supervision of a par- (B) The recommended number of per-
ent or other person over l7 years of sons commensurate with the
age. “Direct and audible supervision” weight capacity of the vessel and
means a person on board the same the presumed weight in pounds of
vessel and in sufficiently close proxim- each such person. In no instance
ity of the operator’s station to enable shall such presumed weight per
such person to quickly and safely person be less than l50 pounds.
assume control of such vessel if need- (C) Clear notice that the information
ed. appearing on the capacity plate is
(f) No operator of a vessel shall willfully fail applicable under normal condi-
or refuse to bring such vessel to a stop, tions and that the weight of the
or otherwise flee or attempt to elude a outboard motor and associated
pursuing law enforcement vehicle or equipment is considered to be a
vessel, when given a visual or audible part of total weight capacity.
signal to bring the operator’s vessel to

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(D) The maximum horsepower of the Guard therefor, except that the
motor the vessel is designed or requirements of this subsection shall
intended to accommodate. be deemed to be satisfied if the
(2) For all other vessels to which this United States coast guard refuses or
section applies: is unable to conduct or to supervise
(A) The total weight of persons, gear the stability test and issue such cer-
and other articles placed aboard tificate and a copy of the letter or
which the vessel is capable of car- other written notification of such
rying with safety under normal refusal or inability is displayed promi-
conditions. nently on such vessel.
(B) The recommended number of per-
sons commensurate with the 32-1128 – Water skis and surfboards;
weight capacity of the vessel and requirements.
the presumed weight in pounds of (a) No person shall operate a vessel on any
each such person. In no instance waters of this state towing a person or
shall such presumed weight per persons on water skis, a surfboard, or
person be less than l50 pounds. similar device, nor shall any person
(C) Clear notice that the information engage in water skiing, surfboarding, or
appearing on the capacity plate is similar activity at any time between the
applicable under normal conditions. hours from one-half hour after sunset to
The secretary is authorized to adopt, in one-half hour before sunrise.
accordance with K.S.A. l989 Supp. 32-805 (b) The provisions of subsection (a) of this
and amendments thereto, rules and regula- section do not apply to a performer
tions to carry out the provisions of this section. engaged in a professional exhibition or
The failure to affix a proper capacity plate a person or persons engaged in an
shall constitute a separate violation for activity authorized under K.S.A. 32-
each vessel with respect to which such 1149, and amendments thereto.
failure occurs. (c) No person shall operate or manipulate
any vessel, tow rope or other device by
32-1127 – Application of stability test crite- which the direction or location of water
ria, when. skis, a surfboard, or similar device may
(a) No person shall operate, nor shall the be affected or controlled in such a way
owner permit the operation of, any ves- as to cause the water skis, surfboard,
sel on the waters of this state carrying or similar device, or any person there-
more than 20 passengers unless such on to collide with or strike against any
vessel satisfies the United States coast object or person.
guard stability test criteria for small pas- (d) No person shall operate a motorboat on
senger vessels in 46 C.F.R. l79. any waters of this state for towing a
(b) The owner of any vessel operating on person or persons on water skis, a
the waters of this state and carrying surfboard, or similar device, unless the
more than 20 passengers shall boat is equipped with a wide angle rear
request the United States Coast view mirror properly placed to provide
Guard to conduct or to supervise the a maximum vision of the person or per-
conducting of a stability test in accor- sons being towed, or there is an
dance with 46 C.F.R. l79 and shall observer in the boat in addition to the
obtain and prominently display on operator. The observer must be a
such vessel an inspection certificate responsible person of at least 12 years
issued by the United States Coast of age.

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(e) The operator or observer shall observe (c) ‘‘Samples’’ includes breath supplied
the person or persons being towed and directly for testing, which breath is not
shall display a flag immediately after preserved.
the towed person or persons enter into (d) ‘‘Vessel’’ and ‘‘operate’’ have the mean-
the water and during the time prepara- ings provided by K.S.A. 32- 1102, and
tory to towing or retrieving while the amendments thereto.
person or persons are still in the water. 32-1131 – Same; operating vessel under
Such flag shall be a bright or brilliant influence of alcohol or drugs; crime. (a) No
orange or red color, measuring not less person shall operate or attempt to operate
than 12 inches per side, mounted on a any vessel within this state while:
handle and displayed as to be visible (1) The alcohol concentration in the per-
from all directions. It shall be unlawful son’s blood or breath as shown by
to display such flag except under the any competent evidence, including
conditions listed in this subsection. other competent evidence, as
defined in paragraph (1) of subsec-
32-1129 – Lifesaving devices. tion (b) of K.S.A. 32-1130, and
(a)(1) No operator of any vessel may oper- amendments thereto, is .08 or more;
ate such vessel while any person 12 (2) the alcohol concentration in the per-
years of age or under is aboard or son’s blood or breath, at the time or
being towed by such vessel unless within three hours after the person
such person is either: operated or attempted to operate the
(A) Wearing a United States coast vessel, is .08 or more;
guard-approved personal flotation (3) the alcohol concentration in the per-
device as prescribed in rules and son’s blood or breath, at the time or
regulations of the secretary of within three hours after the person
wildlife, parks and tourism; or operated or attempted to operate the
(B) is below decks or in an enclosed vessel is .02 or more and the person
cabin. is less than 21 years of age;
(2) A life belt or ring shall not satisfy the (4) under the influence of alcohol to a
requirement of this section. degree that renders the person inca-
(b) Violation of subsection (a) shall consti- pable of safely operating a vessel;
tute a class C misdemeanor. (5) under the influence of any drug or
combination of drugs to a degree
32-1130 – Operating a vessel under the that renders the person incapable of
influence of alcohol or drugs; definitions. As safely operating a vessel; or
used in K.S.A. 32-1131 through 32-1136, (6) under the influence of a combination
and amendments thereto: of alcohol and any drug or drugs to a
(a) ‘‘Alcohol concentration’’ means the num- degree that renders the person inca-
ber of grams of alcohol per 100 milli- pable of safely operating a vessel.
liters of blood or per 210 liters of breath. (b) If a person is charged with a violation of
(b) ‘‘Other competent evidence’’ includes: this section involving drugs, the fact
(1) Alcohol concentration tests obtained that the person is or has been entitled
from samples taken three hours or to use the drug under the laws of this
more after the operation or attempt- state shall not constitute a defense
ed operation of a vessel; and against the charge.
(2) readings obtained from a partial alco- (c) No person shall operate or attempt to
hol concentration test on a breath operate any vessel within this state for
testing machine. three months after the date of refusal of

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submitting to a test if such person refuses tests for alcohol and drugs. A person
to submit to a test pursuant to K.S.A. 32- who is dead or unconscious shall be
1132, and amendments thereto. deemed not to have withdrawn the per-
(d) Except as provided by subsection (e), son’s consent to such test or tests,
violation of this section is a misde- which shall be administered in the
meanor punishable: manner provided by this section.
(1) On the first conviction, by imprison- (b) A law enforcement officer shall request a
ment of not more than one year or a person to submit to a test or tests
fine of not less than $100 nor more deemed consented to under subsection
than $500, or both; and (a) if the officer has reasonable grounds
(2) on the second or a subsequent convic- to believe the person was operating or
tion, by imprisonment for not less than attempting to operate a vessel while
90 days nor more than one year and, under the influence of alcohol or drugs,
in the court’s discretion, a fine of not or both, and one of the following condi-
less than $100 nor more than $500. tions exists: (1) The person has been
(e) Subsection (d) shall not apply to or affect arrested or otherwise taken into custody
a person less than 21 years of age who for any offense involving operation or
submits to a breath or blood alcohol test attempted operation of a vessel while
requested pursuant to K.S.A. 32-1132, under the influence of alcohol or drugs,
and amendments thereto, and pro- or both, in violation of a state statute or
duces a test result of an alcohol con- a city ordinance; or (2) the person has
centration of .02 or greater but less than been involved in a vessel accident or
.08. Such person’s boating privileges collision resulting in property damage,
upon the first occurrence shall be sus- personal injury or death. The law
pended for 30 days and upon a second enforcement officer directing adminis-
or subsequent occurrence shall be sus- tration of the test or tests may act on
pended for 90 days. personal knowledge or on the basis of
(f) In addition to any other penalties prescribed the collective information available to
by law or rule and regulation, any person law enforcement officers involved in the
convicted of a violation of this section shall accident investigation or arrest.
be required to satisfactorily complete a (c) If a law enforcement officer requests a
boater safety education course of instruc- person to submit to a test of blood
tion approved by the secretary before under this section, the withdrawal of
such person subsequently operates or blood at the direction of the officer may
attempts to operate any vessel. be performed only by:
(1) A person licensed to practice medi-
32-1132 – Tests for alcohol or drugs; pro- cine and surgery or a person acting
cedures. under the supervision of any such
(a) Any person who operates or attempts to licensed person;
operate a vessel within this state is (2) a registered nurse or a licensed prac-
deemed to have given consent, subject tical nurse; or
to the provisions of this act, to submit (3) any qualified medical technician. When
to one or more tests of the person‘s presented with a written statement by a
blood, breath, urine or other bodily law enforcement officer directing blood
substance to determine the presence to be withdrawn from a person who has
of alcohol or drugs. The testing tentatively agreed to allow the with-
deemed consented to herein shall drawal of blood under this section, the
include all quantitative and qualitative person authorized herein to withdraw

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KANSAS BOATING STATUTES


blood and the medical care facility (f)(1) Before a test or tests are administered
where blood is withdrawn may reply on under this section, the person shall be
such a statement as evidence that the given oral and written notice that:
person has consented to the medical (A) There is no right to consult with an
procedure used and shall not require attorney regarding whether to
the person to sign any additional con- submit to testing;
sent or waiver form. In such a case, the (B) refusal to submit to testing may be
person authorized to withdraw blood used against the person at any
and the medical care facility shall not be trial on a charge arising out of the
liable in any action alleging lack of con- operation or attempted operation
sent or lack of informed consent. No of a vessel while under the influ-
person authorized by this subsection to ence of alcohol or drugs, or both;
withdraw blood, nor any person assist- (C) the results of the testing may be
ing in the performance of a blood test used against the person at any trial
nor any medical care facility where on a charge arising out of the oper-
blood is withdrawn or tested that has ation or attempted operation of a
been directed by any law enforcement vessel while under the influence of
officer to withdraw or test blood, shall alcohol or drugs, or both; and
be liable in any civil or criminal action (D) after the completion of the testing,
when the act is performed in a reason- the person has the right to consult
able manner according to generally with an attorney and may secure
accepted medical practices in the com- additional testing, which, if desired,
munity where performed. should be done as soon as possi-
(d) If there are reasonable grounds to ble and is customarily available
believe that there is impairment by a from medical care facilities and
drug which is not subject to detection physicians. After giving the forego-
by the blood or breath test used, a ing information, a law enforcement
urine test may be required. If a law officer shall request the person to
enforcement officer requests a person submit to testing. The selection of
to submit to a test of urine under this the test or tests shall be made by
section, the collection of the urine the officer. If the person refuses to
sample shall be supervised by persons submit to and complete a test as
of the same sex as the person being requested pursuant to this section,
tested and shall be conducted out of additional testing shall not be
the view of any person other than the given. The person’s refusal shall be
persons supervising the collection of admissible in evidence against the
the sample and the person being test- person at any trial on a charge
ed, unless the right to privacy is waived arising out of the alleged operation
by the person being tested. The results or attempted operation of a vessel
of qualitative testing for drug presence while under the influence of alcohol
shall be admissible in evidence and or drugs, or both.
questions of accuracy or reliability (2) Failure of a person to provide an ade-
shall go to the weight rather than the quate breath sample or samples as
admissibility of the evidence. directed shall constitute a refusal
(e) No law enforcement officer who is act- unless the person shows that the fail-
ing in accordance with this section ure was due to physical inability
shall be liable in any civil or criminal caused by a medical condition unre-
proceedings involving the action. lated to any ingested alcohol or drugs.

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(3) It shall not be a defense that the per- (a) If the alcohol concentration is less than
son did not understand the written or .08, that fact may be considered with
oral notice required by this section. other competent evidence to deter-
(g) Nothing in this section shall be con- mine if the defendant was under the
strued to limit the admissibility at any influence of alcohol, or both alcohol
trial of alcohol or drug concentration and drugs.
testing results obtained pursuant to a (b) If the alcohol concentration is .08 or
search warrant. more, it shall be prima facie evidence
(h) Upon the request of any person submit- that the defendant was under the influ-
ting to testing under this section, a ence of alcohol to a degree that ren-
report of the results of the testing shall ders the person incapable of safely
be made available to such person. operating a vessel.
(i) In addition to any other penalties pre- (c) If there was present in the defendant’s
scribed by law or rule and regulation, bodily substance any narcotic, hypnot-
any person refusing to take a test or ic, somnifacient, stimulating or other
tests when requested to do so by a law drug which has the capacity to render
enforcement officer pursuant to this the defendant incapable of safely oper-
section shall be required to satisfacto- ating a vessel, that fact may be consid-
rily complete a boater education ered to determine if the defendant was
course of instruction approved by the under the influence of drugs, or both
secretary before such person subse- alcohol and drugs, to a degree that
quently operates or attempts to oper- renders the defendant incapable of
ate any vessel. safely operating a vessel.
32-1133 – Same additional test by own
physician. With limiting or affecting the provi- 32-1135 – Same; submission of other evi-
sions of K.S.A. 32-1132, the person tested dence.
shall have a reasonable opportunity to have (a) The provisions of K.S.A. 32-1134 shall
an additional test by a physician of the per- not be construed as limiting the intro-
son’s own choosing. In case the officer refus- duction of any other competent evi-
es to permit such additional testing, the test- dence bearing upon the question of
ing administered pursuant to K.S.A. 32-1132 whether or not the defendant was
shall not be competent in evidence. under the influence of alcohol or drugs,
or both.
32-1134 – Same; use as evidence. In any (b) Nothing in this act shall require any
criminal prosecution for violation of the laws samples of blood, breath or urine to be
of this state relating to operating or attempt- preserved for or furnished to the per-
ing to operate a vessel while under the influ- son for independent testing.
ence of alcohol or drugs, or both, or the
commission of manslaughter while under 32-1136 – Immunity from liability for dam-
the influence of alcohol or drugs, or both, or age to vessel. A law enforcement officer, and
in any prosecution for a violation of a city the state or any political subdivision of the
ordinance relating to the operation or state that employs a law enforcement officer,
attempted operation of a vessel while under arresting or taking custody of a person for
the influence of alcohol or drugs, or both, any offense involving the operation of or
evidence of the concentration of alcohol or attempt to operate a vessel while under the
drugs in the defendant’s blood, urine, breath influence of alcohol or drugs, or both, shall
or other bodily substance may be admitted have immunity from any civil or criminal lia-
and shall give rise to the following:. bility for the care and custody of the vessel

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KANSAS BOATING STATUTES


that was being operating by or was in the submit to a preliminary breath test. If
physical control of the person arrested or in the person submits to the test, the
custody if the law enforcement officer acts in results shall be used for the purpose
good faith and exercises due care. of assisting law enforcement officers
in determining whether an arrest
should be made and whether to
32-1137 – Severability. If any clause, para- request the tests authorized by
graph, subsection or section of this act is held K.S.A. 32-1132 and amendments
invalid, it shall be conclusively presumed that thereto. A law enforcement officer
the legislature would have enacted the may arrest a person based in whole
remainder of this act without such invalid or in part upon the results of a pre-
clause, paragraph, subsection or section. liminary screening test. Such results
shall not be admissible in any civil or
32-1138 – Same; preliminary screening criminal action except to aid the
test. A law enforcement officer may request court or hearing officer in determin-
a person who is operating or attempting to ing a challenge to the validity of the
operate a vessel within this state to submit arrest or the validity of the request to
to a preliminary screening test of the per- submit to a test pursuant to K.S.A.
son’s breath to determine the alcohol con- 32-1132 and amendments thereto.
centration of the person’s breath if the offi- Following the preliminary screening
cer has reasonable grounds to believe that test, additional tests may be
the person: requested pursuant to K.S.A. 1132
(a) Has alcohol in the person’s body; and amendments thereto.
(b) has committed a boating law violation; or
(c) has been involved in a vessel accident 32-1139 – Boater safety education; certifi-
or collision. At the time the test is cation of completion requirements for cer-
requested, the person shall be given tain operators.
oral notice that: (a) On and after January 1, 2001:
(1) There is no right to consult with an (1) No person born on or after January 1,
attorney regarding whether to sub- 1989, shall operate on public waters
mit to testing; of this state any motorboat or sailboat
(2) refusal to submit to testing shall sub- unless the person possesses a cer-
ject the person to the same fine as tificate of completion of an approved
prescribed by K.S.A. 8-2118 and boater safety education course of
amendments thereto for refusal to instruction lawfully issued to such
submit to a preliminary breath test; person as provided by this act.
and (3) further testing may be (2) No owner or person in possession of
required after the preliminary any motorboat or sailboat shall permit
screening test. Failure to provide the another person, who is subject to the
notice shall not be an issue or requirements in subsection (a)(1), to
defense in any action. The law operate such motorboat or sailboat
enforcement officer then shall unless such other person either: (A)
request the person to submit to the Has been lawfully issued a certificate
test. Refusal to take and complete of completion of an approved boater
the test as requested shall subject safety education course of instruction
the person to the same fine as pre- as provided by this act; or (B) is legally
scribed by K.S.A. 8-2118 and exempt from the requirements of sub-
amendments thereto for refusal to section (a)(1).

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(3) The requirement in subsection (a)(1), completion of correspondence course
shall not apply to a person 21 years materials, including satisfactory comple-
of age or older. tion of a written examination, recognized
(b) The requirement in subsection (a)(1) by the United States coast guard and
shall not apply to a person operating a approved by the secretary. Each person
motorboat or sailboat accompanied by requesting a certificate based on com-
and under the direct and audible pletion of such correspondence course
supervision of a person over 17 years shall attest, to the satisfaction of the sec-
of age who either: (1) Possesses a cer- retary, that the substance of the answers
tificate of completion of an approved on the written examination were provid-
boater safety education course, or (2) ed by that person without assistance.
is legally exempt from the require- Persons requiring assistance to read
ments of subsection (a)(1). examination questions or to mark exam-
(c) No person who is charged with a viola- ination answers may receive such assis-
tion of subsection (a)(1) shall be con- tance if they receive no assistance in the
victed of the violation if such person determination of the substance of the
produces in court or in the office of the answers.
arresting officer a certificate of comple- (d) The secretary may require, pursuant to
tion of an approved boater safety edu- K.S.A. 32-988 and amendments there-
cation course of instruction lawfully to, a fee to cover costs of services,
issued to such person and valid at the material and supplies from any person
time of such person’s arrest. enrolling in an approved boater safety
education course of instruction. .
32-1140 – Same; approval, and coordina-
tion development by secretary; fee. 32-1141 – Same; certification of comple-
(a) The secretary shall prescribe an approved tion; issuance; revocation; reciprocity.
boater safety education course of instruc- (a) On and after January 1, 2001, the sec-
tion of not less than a total of eight hours retary may issue a certificate of com-
concerning the safe operation of motor- pletion of an approved boater safety
boats and sailboats. Such course of education course of instruction to any
instruction must be recognized by the person for course work completed
United States Coast Guard in order to prior to January 1, 2001, upon:
gain approval of the secretary. (1) Submission to the secretary of evi-
(b) The secretary shall institute and coor- dence of successful completion of a
dinate an approved boater safety edu- boater safety education course of
cation course of instruction through the instruction as formerly approved by
use of department personnel, as well the secretary prior to January 1,
as through cooperations with local 2001, and such other information as
subdivisions of government, federal requested by the secretary; and
governmental entities, reputable indi- (2) payment of the fee prescribed pur-
viduals or reputable organizations hav- suant to K.S.A. 32-988 and amend-
ing boater safety education as an ments thereto.
objective, as the secretary deems nec- (b) The secretary shall designate those
essary and appropriate. persons who are authorized to issue a
(c) At the secretary’s discretion, the require- certificate to persons who successfully
ment that a person complete an complete, on and after January 1,
approved boater safety education course 2001, an approved boater safety edu-
of instruction may be fulfilled through cation course of instruction and the

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authorization shall continue until to be kept a record of the name and
revoked by the secretary. Certificates address of the person or persons hir-
issued by authorized designees shall ing any vessel which is designed or
remain valid until revoked. In addition permitted by him or her to be operated
to any other penalties prescribed by as a motorboat; the identification num-
statute or rules and regulations, the ber thereof; and the departure date
secretary, in the secretary’s discretion, and time, and the expected time or
may revoke the certificate of any per- return. The record shall be preserved
son convicted of a violation of any pro- for at least six months.
vision in article 11 of chapter 32 of the (b) Neither the owner of a boat livery, nor his
Kansas Statutes Annotated. Upon rev- or her agent or employee shall permit
ocation of a person’s certificate, the any motorboat or any vessel designed
person shall be required thereafter to or permitted by him or her to be operat-
satisfactorily complete an approved ed as a motorboat to depart from his or
boater safety education course of her premises unless it shall have been
instruction before operating any motor- provided, either by owner or renter, with
boat or sailboat in this state. the equipment required pursuant to
(c) The secretary, in the secretary’s discre- K.S.A. 1989 Supp. 32-1119 and amend-
tion, may accept as complying with the ments thereto and any rules and regu-
requirements of this act any similar lations adopted pursuant thereto.
certificate issued outside the state of
Kansas by a governmental agency, or 32-1149 – Regattas and other water
by a public or private association or events.
club, in compliance with an approved (a) The secretary may authorize the hold-
governmental program having boater ing of regattas, motorboat or other boat
safety education as one of the pro- races, marine parades, tournaments or
gram’s objectives and recognized by exhibitions on any waters of this state.
the United States Coast Guard. The secretary shall adopt, in accor-
dance with K.S.A. 1989 Supp. 32-805
32-1142 – Same; liability insurance for per- and amendments thereto, rules and
sons conducting course. The committee on regulations necessary to implement this
surety bonds and insurance, within the lim- section, including but not limited to:
itations of appropriations made therefor, (1) Provisions addressing the safety of all
shall purchase such liability insurance as vessels, participants and the public;
the committee deems necessary for the (2) permit requirements and permit
protection of persons engaged in conduct- application procedures, including
ing an approved boater safety education the providing of such information as
course of instruction against any liability for the secretary requires; and
injuries or damages arising from the con- (3) establishment of conditions under
ducting of such course by such persons. which the event shall be conducted.
The application for a permit to hold
32-1143 – Sections part of Article 11. such regatta, motorboat or other boat
Sections 2 through 6 shall be part of and race, marine parade, tournament or
supplemental to article 11 of chapter 32 of exhibition shall be accompanied by
the Kansas Statutes Annotated. the water event permit fee prescribed
pursuant to K.S.A. 1989 Supp. 32-
32-1148 – Boat liveries; duties. 1172. The secretary, upon receipt of a
(a) The owner of a boat livery shall cause proper application and the prescribed

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KANSAS BOATING STATUTES


permit fee may issue a permit if it is shore receiving and treating facility operat-
determined that the event is in the ing under a valid permit as issued under the
public interest, the area requested for provisions of K.S.A. 65-165.
holding the event has sufficient
accommodations and facilities for the 32-1153 – Same; sewage disposal. It shall
event and the event is compatible be unlawful to place, leave, discharge or
with other uses of the area requested cause to be left, placed or discharged into
for the event. No such event shall be or near the waters of this state any recepta-
conducted without the prior authori- cle containing sewage, whether by the
zation of the secretary in writing. owner, operator or guest of a vessel.
(b) The provisions of this section shall not
exempt any person from compliance 32-1154 – Same; rules and regulations.
with applicable federal law or regulation. The secretary of health and environment
shall adopt such rules and regulations as
32-1150 – Scuba diving; rules and regula- are necessary to properly administer and
tions. It shall be unlawful for any person to enforce the provisions of K.S.A. 32-1152
scuba dive in the streams or impounded and 32-1154, inclusive. The secretary in
waters of this state unless and except in adopting rules and regulations shall provide
compliance with rules and regulations of that any vessel having lawful registration
the secretary. The term scuba diving shall from other than the state of Kansas and
include any person diving or submerging in having marine toilets designed or intended
a body of water with the aid of any mechan- to discharge marine sewage to the waters
ical diving or breathing device or suit. of the state, may be operated, launched,
moored, docked or used on the waters of
32-1151 – Same; buoy required. Any per- the state, if such vessel is in compliance
son scuba diving in a body of water in which with all applicable state and federal marine
motorboats are operated shall place a buoy toilet requirements applicable and associat-
in the water at or near the point of submer- ed with the vessel registration. All vessels
gence. The buoy shall bear a red flag at located on waters of this state may be
least twenty-one (21) inches square with a inspected at any time for the purpose of
red background and white diagonal stripe determining if such vessel is in compliance
that is one-fifth (1/5) the width of the flag. with this act, and the secretary or the
The white stripe must run from the top of designees of the secretary shall have all
the hoist to the bottom of the flag. It is powers necessary to properly enforce such
unlawful to display this flag when diving or rules and regulations.
spear fishing is not in progress.
32-1155 – Applications for license of ves-
32-1152 – Sanitation; toilet facilities. At sels to indicate presence of marine toilets.
such time as adequate on-shore facilities All applications for license or renewal appli-
for receiving and treating marine sewage cation shall identify the presence of marine
are available, as determined by the secre- toilets constructed as required, and the
tary of health and environment, no person department shall identify the presence of
shall operate, launch, moor, dock or use such toilets upon the certificate of number
any vessel on the waters of the state, when issued to an applicant.
except as hereinafter provided, when said
vessel has located on or in the vessel a 32-1156 – Abandonment of a vessel;
marine toilet designed to or intended to dis- removal from public waterway, when.
charge marine sewage to other than an on- (a) No person shall abandon a vessel upon

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KANSAS BOATING STATUTES


a public waterway or upon public or pri-
vate property without the consent of 32-1157 – Same; notification of parties
the owner or person in lawful posses- having interests in vessel; failure to
sion or control of the property. reclaim; use, sale or destruction by law
(b) The abandonment of any vessel in a enforcement agency.
manner prohibited by subsection (a) is (a) A law enforcement officer may attempt
prima facie evidence that the last reg- to identify the registered owner of a
istered owner of record is responsible vessel abandoned on private proper-
for the abandonment, unless such ty by inspection of the vessel and any
owner has notified the department or trailer to which it is attached and may
other appropriate law enforcement supply the information to the real
agency of such owner’s relinquishment property owner upon which vessel is
of title or registration or interest there- presumed abandoned. The real prop-
in. The person so responsible shall be erty owner must declare by affidavit
required to pay the cost of removal and the reasons why such real property
disposition of the vessel. owner believes the property to be
(c) A law enforcement officer of this state abandoned. The real property owner
may remove a vessel from a public must give 5-days’ notice to the last
waterway when: registered vessel owner before caus-
(1) The vessel is left unattended and is ing the removal of the vessel. If the
adrift, moored, docked, beached or last registered owner is unknown or
made fast to land in such a position cannot be notified, the vessel may
as to interfere with navigation or in immediately be removed to a secure
such a condition as to create a haz- location designated by a law enforce-
ard to other vessels using the water- ment officer.
way, to public safety or to the proper- (b) A law enforcement officer, within 48
ty of another hours after directing the removal of an
(2) The vessel is found upon a waterway abandoned vessel on a public water-
and a report has previously been way or public or private property, shall
made that the vessel has been notify the department of the status of
stolen or embezzled. the vessel.
(3) The person in charge of the vessel is (c) A law enforcement officer who has cus-
by reason of physical injuries or ill- tody of an abandoned vessel, if the law
ness incapacitated to such an extent enforcement agency knows or can rea-
as to be unable to provide for its cus- sonably discover the name and
tody or removal. address of the owner of the vessel or
(4) A law enforcement officer arresting a any person who holds a security inter-
person operating or in control of the est in the vessel, shall notify the owner
vessel for an alleged offense, and or the holder of the security interest of
the officer is required or permitted to the location of the vessel and the
take, and does take, the person method by which the vessel may be
arrested into custody without unnec- claimed. This notice must be sent by
essary delay. certified or registered mail.
(5) The vessel seriously interferes with (d) If the abandoned vessel is held by a law
navigation or otherwise poses a crit- enforcement agency as evidence in
ical and immediate danger to navi- the investigation or prosecution of a
gation or to the public health, safety criminal offense, the notice required by
or welfare. subsection (c) shall be sent:

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KANSAS BOATING STATUTES


(1) Upon the decision of the law enforce- Statutes Annotated, and amendments
ment agency or prosecuting attorney thereto, shall provide the notice required
not to pursue or prosecute the case; by K.S.A. 32-1111, and amendments
(2) upon the conviction of the person thereto, to the secretary in writing. The
who committed the offense; or written notice must be signed by the reg-
(3) if the case is otherwise terminated. istered owner and notarized.
(e) Failure to reclaim the vessel within 180 (b) The written notice provided pursuant to
days after the date the notice is mailed subsection (a) must indicate the rea-
constitutes a waiver of interest in the son for the destruction or abandon-
vessel by any person having an interest ment of the vessel and the current
in the vessel and the vessel shall be location and condition of the vessel.
deemed abandoned for all purposes. (c) The registered owner shall surrender to
(f) If all recorded interests in a vessel are the secretary the certificate of number
waived, as provided in subsection (e) and the certificate of ownership issued
or by written disclaimer, the depart- for the motorboat, if in existence, at the
ment may issue a certificate of owner- time the owner provides the written
ship to the law enforcement agency notice to the secretary pursuant to
that has custody of the vessel. If nec- subsection (a).
essary, the secretary may assign a hull (d) Once a vessel has been destroyed or
number to the vessel. This subsection abandoned, the secretary shall print
shall not preclude the subsequent the word ‘‘salvage’’ on each subse-
return of a vessel, or any component quent certificate of number which it
part thereof, by a law enforcement issues for that vessel.
agency to the registered owner of the
vessel upon presentation by the regis- 32-1159 – Preservation of evidence of
tered owner of satisfactory proof of criminal offenses; liability for storage fees.
ownership. (a) If a law enforcement officer has proba-
(g) A law enforcement agency to which a ble cause to believe that a vessel or its
certificate of ownership is issued pur- contents contain evidence tending to
suant to subsection (f) may use, sell or show that a criminal offense has been
destroy the vessel and shall keep a committed or that a particular person
record of the disposition of the vessel. has committed an offense, the officer
If the law enforcement agency: may take whatever steps are reason-
(1) Sells the vessel, all proceeds from able to ensure the preservation of the
the sale of the vessel shall become evidence, including safe storage of the
the property of the law enforcement vessel or its contents.
agency. (b) If a criminal conviction is obtained as a
(2) Destroys the vessel, the law enforce- result of an action taken pursuant to
ment agency shall, within 10 days, subsection (a), the person convicted
give notice of the destruction of the shall pay any storage fees incurred
vessel to the department. pursuant to that subsection. If a convic-
tion is not obtained, the law enforce-
32-1158 – Notice of destruction or aban- ment agency that seized the vessel
donment of vessel by owner; surrender of pursuant to subsection (a) shall pay
certificates of number and ownership. any storage fees incurred.
(a) The registered owner of a destroyed or History: L. 2006, ch. 85, sec. 14; Jan. 1, 2007.
abandoned vessel that is numbered pur-
suant to chapter 32 of the Kansas

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32-1166 – Vessels exempt from provisions 32-1180, and sections 7 through 14, and
of act. The provisions of K.S.A. 32-1110, amendments thereto. When sufficient mon-
32-1111, 32-1119 and 32-1125 shall not eys are available from the fees so collected,
apply to vessels used solely on lakes, the secretary may use the same to con-
ponds or streams privately owned or leased struct or repair boating facilities, ramps and
and not open to the general public. docks at public waters within this state.

32-1172 – Fees. The secretary is author- 32-1174 – Boating fee fund; use of federal
ized to adopt, in accordance with K.S.A. 32- moneys. All federal moneys received pur-
805 and amendments thereto, rules and reg- suant to federal assistance, federal-aid
ulations fixing the amount of fees for the fol- funds or federal-aid grant reimbursements
lowing items, subject to the following limita- related to boating or boating programs
tions and subject to the requirement that no under the control, authorities and duties of
such rules and regulations shall be adopted the department of wildlife and parks shall
as temporary rules and regulations: be remitted to the state treasurer in accor-
Dealer certificate of number: maximum $50 dance with the provisions of K.S.A. 75-
Additional dealer certificates: maximum $10 4215, and amendments thereto. Upon
Dealer license: maximum $50 receipt of the remittance, the state treasurer
Duplicate registrations, certificates or shall deposit the entire amount in the state
permits: maximum $10 treasury and credit it to the boating fund-
Vessel registrations: maximum $30 federal, which is hereby created, to be ded-
Water event permits: maximum $50 icated and used for the purposes author-
Special departmental services, materials ized in K.S.A. 32-1173, and amendments
or supplies: no maximum thereto.
32-1177 – Accident Reports. It shall be the
32-1173 – Same; disposition. All moneys duty of the operator of a vessel involved in
received pursuant to K.S.A. 32-1101 a collision, accident or other casualty, so far
through 32-1104, 32-1110 through 32- as the operator can do so without serious
1113, 32-1119, 32-1125 through 32-1128, danger to the operator’s own vessel, crew,
32-1130 through 32-1137, 32-1148 through and passengers (if any) to render to other
32-1155, 32-1166, 32-1172, 32-1173, 32- persons affected by the collision, accident
1177 through 32-1180 and sections 9 and or other casualty such assistance as practi-
10, and amendments thereto, shall be cable and as necessary in order to save
remitted to the state treasurer in accor- them from or minimize any danger caused
dance with the provisions of K.S.A. 75-4215 by the collision, accident or other casualty,
and 74-7336, and amendments thereto. and also to give the operator’s name,
Upon receipt of each such remittance, the address and identification of the operator’s
state treasurer shall deposit the entire vessel, in writing, to any person injured and
amount as prescribed by K.S.A. 74-7336, to the owner of any property damaged in
and amendments thereto, in the state treas- the collision, accident or other casualty.
ury to the credit of the boating fee fund, (b) In the case of collision, accident or other
which is hereby created, to be dedicated casualty involving a vessel, the opera-
and used to administer and enforce the pro- tor thereof, if the collision, accident or
visions of K.S.A. 32-1101 through 32-1104, other casualty results in death or injury
32-1110 through 32-1113, 32-1119, 32- to a person or damage to property in
1125 through 32-1128, 32-1130 through excess of the amount established by
32-1137, 32-1148 through 32-1155, 32- rules and regulations of the secretary
1166, 32-1172, 32-1173, 32-1177 through shall file with the department a full

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description of the collision, accident or and 0.17% to the boating fee fund. The
other casualty, including such addition- remainder of the remittances shall be
al information as required by rules and credited to the state general fund.
regulations adopted by the secretary (b) The county treasurer shall deposit grant
pursuant to K.S.A. 1992 Supp. 32-805 moneys as provided in subsection (a),
and amendments thereto. from the crime victims assistance fund,
to the credit of a special fund created for
32-1178 – Same; transmittal to federal use by the county or district attorney in
agency. In accordance with any request establishing and maintaining programs
duly made by an authorized official or to aid witnesses and victims of crime.
agency of the United States, any informa-
tion compiled or otherwise available to the
department pursuant to subsection (b) of
K.S.A. 1989 Supp. 32-1177 and amend-
ments thereto shall be transmitted to such
official or agency of the United States.

32-1179 – Peace officer’s powers. Every


peace officer of this state and its subdivi-
sions or caretakers at federally impounded
waters shall have the authority to enforce
the provisions of this act and in the exercise
thereof shall have the authority to stop and
board any vessel subject to this act.
32-1180 – Penalties for violations. Unless
otherwise provided by statute or rules and
regulations of the secretary, violation of
K.S.A. 1989 Supp. 32-1101 through 32-
1104, 32-1110 through 32-1113, 32-1119,
32-1125 through 32-1128, 32-1130 through
32-1137, 32-1148 through 32-1155, 32-
1166, 32-1172, 32-1173, 32-1177 through
32-1180, and sections 7 through 11, and
amendments thereto, or rules and regula-
tions adopted there under is a class C mis-
demeanor. Crime victims compensation
fund; crime victims assistance fund; county
money to aid witnesses and victims of crime.
(a) Of the remittances of fines, penalties
and forfeitures received from clerks of
the district court, at least monthly, the
state treasurer shall credit 11.99% to
the crime victims compensation fund,
2.45% to the crime victims assistance
fund, 2.01% to the community alco-
holism and intoxication programs fund,
2.01% to the department of corrections
alcohol and drug abuse treatment fund

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115-1-1 – Definitions. (5) A hyphen or equivalent space that is
(a) Except as specified in subsection equal to the width of a letter other than
(b) the following definitions shall apply to "I" or a number other than "1" shall
all of department’s regulations. separate arabic numbers from capital
(13) "Department lands and waters" letters occurring in the number.
means state parks, state lakes, recre- (6) Department-issued validation decals
ational grounds, wildlife areas, sanc- shall be placed in line and within three
tuaries, fish hatcheries, natural areas, inches of the registration number on
historic sites, and other lands, waters, both sides of the hull of the vessel.
and facilities under the jurisdiction and (b) A sailboard shall display only the decals
control of the secretary through own- supplied by the department with the
ership, lease, license, cooperative certificate of number issued to the sail-
agreement, memorandum of under- board owner. The decals shall be
standing, or other arrangement. attached to the front half of the top of
(37) "Moorage site" means a location the sailboard.
designated for the fastening or
securing of a vessel. 115-30-2 – Certificate-of-number and reg-
(55) "Skin and scuba diving" means istration; application, temporary permits
swimming or diving while equipped with and expiration date.
a face mask or goggles, allowing (a) Applications for a certificate-of-number
underwater vision and possibly involv- and registration shall be available at
ing an underwater breathing apparatus. designated department offices.
(66) "Wake" means the waves thrown (b) Vendor agents shall be authorized to
by a vessel moving on water. issue temporary and permanent certifi-
cates-of-number and registrations.
115-30-1. Display of identification number (c) Issue of a temporary registration shall
and decal. be authorized when application for and
(a) All vessels required to be numbered issuance of a permanent certificate-of-
pursuant to K.S.A. 31-1110 and number and registration is pending.
amendments thereto, except sail- (d) The certificate-of-number and registration
boards, shall display the identification decals shall be valid for a period of time
number stated on the certificate of ending three years from the date of issue.
number issued by the department to (e) An address change addendum issued
the vessel owner and the decals sup- by the department pursuant to K.S.A.
plied by the department to the vessel 1989 Supp. 32-1111 to a certificate-of-
owner as follows: number holder shall be a part of the
(1) Each number consisting of a combination certificate-of-number and shall be
of capital letters and arabic numbers retained by the holder with the certifi-
shall read from left to right and shall be cate-of-number.
painted or permanently attached on the (f) This regulation shall be effective January
top forward half of the vessel. 1, 1991.
(2) Each character of the number shall be
in block form and easily read. 115-30-3 – Personal floatation devices;
(3) Each character of the number shall be requirements.
of the same height and shall not be (a) For the purposes of this article of the
less than three inches in height. department’s regulations, “PFD” shall
(4) The number shall be of a color that mean any personal flotation device
contrasts with the color of the vessel. that is labeled and approved by the

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United States coast guard for use on effective Oct. 22, 1990; amended
recreational vessels. March 20, 1995; amended Feb. 28,
(b) Each recreational vessel shall have at 1997; amended Dec 27, 2021)
least one readily accessible, wearable
PFD in serviceable condition on board 115-30-4 – Fire extinguishers; requirements.
for each individual in the vessel and at (a) United States Coast Guard approved
least one wearable PFD on board for hand portable fire extinguishers of type
each individual being towed. No opera- B, size I or type B, size II or both shall
tor of any recreational vessel shall be carried on board each motorboat as
operate the vessel or allow the vessel determined by the following classes:
to be operated unless each individual (1) Class A: at least one type B, size I fire
12 years of age or younger wears an extinguisher shall be carried if any one
approved wearable PFD while being or more of the following conditions exist:
towed behind the vessel or aboard the (A) an inboard engine;
vessel, unless the individual is below (B) closed compartments under
decks or in an enclosed cabin. thwarts and seats where portable
(c) To meet the “serviceable condition” fuel tanks may be stored;
requirement of K.S.A. 32-1119 and (C) double bottom construction not
amendments thereto, each required sealed to the hull or not complete-
PFD shall meet the requirements of 33 ly filled with flotation materials;
C.F.R. 175.23, as in effect on April 29, (D) closed compartments in which
1996, which is hereby adopted by ref- combustible or flammable materi-
erence, and shall be of the appropriate als are stored; or
size and fit for the individual to whom (E) permanently installed fuel tanks.
the PFD is assigned. Fuel tanks that cannot be moved
(d) In addition to the provisions of subsec- in case of fire or other emergency
tion (b), each recreational vessel 16 or if the weight of the fuel tank
feet or greater in length, except canoes precludes movement of the tank
and kayaks, shall have at least one by an individual on board shall be
throwable PFD on board. Each throw- considered permanently installed.
able PFD shall be in serviceable condi- (2) The provisions of subsection (1) shall
tion, labeled as U.S. coast guard- not apply if the motorboat has a
approved, and readily accessible. United States Coast Guard
(e) Each PFD shall be used in accordance approved built-in or affixed fire extin-
with the requirements of the PFD’s guisher in the motor area.
label and in accordance with the (3) Class 1: at least one type B, size I fire
owner’s manual, if the label refers to an extinguisher shall be carried, except
owner’s manual. the provisions of this subsection not
(f) To meet the “readily accessible” require- apply if the motorboat has a United
ment of K.S.A. 32-1119 and amend- States Coast Guard approved built-
ments thereto, each required PFD in or affixed fire extinguisher in the
shall be in open view. A required PFD motor area.
shall not be stowed in locked or closed (4) Class 2: at least two type B, size I fire
compartments or be inside plastic or extinguishers or one type B, size II
other packaging material. (Authorized fire extinguisher shall be carried,
by and implementing K.S.A. 2020 except each motorboat that has a
Supp. 32-1119 and K.S.A. 32-1129, as United States Coast Guard
amended by L. 2021, ch. 68, sec. 2; approved built-in or affixed fire extin-

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guisher in the motor area shall only 115-30-6 – Boating; adoption by refer-
be required to carry at least one type ence of certain code of federal regula-
B, size I fire extinguisher. tions. The following parts and sections of
(5) Class 3: at least three type B, size I fire the federal rules and regulations promul-
extinguishers or one type B, size I gated by the United States Coast Guard
fire extinguisher and one type B, size are hereby incorporated by reference as
II fire extinguisher shall be carried, the rules and regulations of the depart-
except each motorboat that has a ment.
United States Coast Guard approved (a) “Identification of Boats”: 33 C.F.R. sec-
built-in or affixed fire extinguisher in tion 181 Subpart C, including sections
the motor area shall only be required 181.21, 181.23, 181.25, 181.27, and
to carry at least two type B, size I fire 181.29, each as in effect on August 1,
extinguishers or one type B, size II 1984; sections 181.31 and 181.33,
fire extinguisher. both as in effect on July 1, 1988; and
(b) Each vessel, including each motorboat section 181.35, as in effect on August
having an approved built-in or affixed 1, 1984;
fire extinguisher in the motor area, that (b) “Definitions”: 33 C.F.R. section 183.3,
has enclosed living spaces or galleys except the definitions of “sailboat” and
shall carry at least one United States “vessel,” as in effect on June 30, 1996.
Coast Guard approved type B, size I or (c) “Applicability”: 33 C.F.R. section 183.31
type B, size II fire extinguisher in the as in effect on November 1, 1972;
living space or galley. (d) “Maximum weight capacity: inboard and
inboard-outdrive boats”: 33 C.F.R. sec-
115-30-5 – Boating; capacity plate and tion 183.33 as in effect on November 1,
operation; calculation of person capacity. 1972;
(a) A capacity plate, once installed on a (e) “Maximum weight capacity: outboard
vessel, shall not be removed, defaced, boats”: 33 C.F.R. section 183.35 as in
replaced, or altered. effect on January 13, 1977;
(b) A vessel shall not be operated with a (f) “Maximum weight capacity: boats rated
motor whose horsepower exceeds the for manual propulsion and boats rated
maximum horsepower of the motor as for motors of two horsepower or less”:
specified on the capacity plate or as 33 C.F.R. section 183.37 as in effect on
computed under K.A.R. 115-30-6. November 1, 1972;
(c) The person capacity for monohull ves- (g) “Persons capacity: inboard and inboard-
sels that are less than 20 feet in length, outdrive boats”: 33 C.F.R. section
except sailboats, canoes, kayaks, per- 183.39 as in effect on April 3, 1985;
sonal watercraft, and inflatable boats, (h) “Persons capacity: outboard boats”: 33
and that are without a manufacturer’s C.F.R. section 183.41 as in effect on
capacity plate shall be calculated using April 3, 1985;
the following formula: (i) “Persons capacity: boats rated for manu-
(1) Multiply the length of the vessel, in al propulsion and boats rated for
feet, by the width of the vessel, in motors of 2 horsepower or less”: 33
feet; and C.F.R. section 183.43 as in effect on
(2) divide the product calculated in para- August 1, 1980;
graph (c)(1) by 15. (j) “Applicability”: 33 C.F.R. section 183.51
as in effect on November 1, 1972;
(k) “Horsepower capacity”: 33 C.F.R. section
183.53 as in effect on August 1, 1987;

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(l) “Requirements”: 46 C.F.R. section 25.35- sound as well as other available means in
1 as in effect on August 28, 1991; and order to make a full appraisal of the sur-
(m) “Tanks and engine spaces”: 46 C.F.R. roundings and avoid the risk of collision.
section 25.40-1 as in effect on October (g) Each operator of a vessel shall proceed at
18, 1995. a speed that is safe and appropriate
(You can access the Code of Federal under the conditions and with regard to
Regulations by going to the following website: the actual hazards then existing, in order
www.uscgboating.org/regulations/fedreg .) to avoid a collision and stop within any
distance necessary to avoid a collision.
115-30-7 – Boating; steering and sailing (h) No operator of a vessel shall interfere
requirements. with the placement or visibility of any
(a) Each operator of a vessel shall keep the navigational aid.
vessel to the right of the channel if it is (i) No operator of a vessel shall moor the
safe and practicable to do so. vessel to any navigation buoy except a
designated mooring buoy.
(b) When two vessels are approaching 115-30-8 – Boating; accident reports.
each other head-on or nearly so, each (a) Each accident resulting either in proper-
operator shall pass the other on that ty damage in excess of $2000 or in the
operator’s own left side at a speed and total loss of any vessel shall be report-
distance so that the wake of each ves- ed to the department by the operator of
sel will not endanger the other vessel. the vessel. This requirement shall
(c) When one vessel passes another travel- include all collision-type accidents
ing in the same direction, the operator involving other vessels, floating
of the passing vessel shall pass when objects, and fixed objects.
it is safe to do so and at a speed and (b) Each accident report required under
distance that do not endanger the K.S.A. 32-1177 and amendments
overtaken vessel. The operator of the thereto and each accident specified in
overtaken vessel shall maintain its subsection (a) shall be filed with the
course and speed until the passing department or a commissioned law
vessel has safely passed. enforcement officer by the operator of
(d) When two vessels are approaching each the vessel immediately after the time of
other in a crossing situation that involves the accident.
risk of collision, the operator of the vessel (c) An accident report shall be required in
on the right shall maintain that vessel’s accordance with subsection (b) when a
course and speed. The operator of the person disappears from a vessel under
vessel on the left shall direct that vessel’s circumstances that indicate death,
course to the right to cross the stern of injury or other cause for disappear-
the other vessel or shall stop and reverse ance.
if necessary to avoid collision. (d) An accident report shall be required in
(e) Each operator of a vessel propelled by accordance with subsection (b) when a
machinery shall keep that vessel clear of person dies, or when a person is
any vessel under sail or being propelled injured and requires medical treatment
by oars or paddles and shall maintain a beyond first aid.
speed and distance so that the wake will (e) Each accident report shall be submitted
not endanger any vessel under sail or on forms provided by the department
being propelled by oars or paddles. and shall contain the following informa-
(f) Each operator of a vessel shall maintain a tion:
proper look-out at all times by sight and

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(1) The names, addresses, and tele- (7) a description of safety measures to
phone numbers of the vessel opera- be utilized for the protection of the
tor and any passengers in the oper- public and water event participants
ator’s vessel; including, but not limited to:
(2) the names, addresses, and telephone (A) traffic control;
numbers of the vessel operators and (B) lifeguards;
any passengers in any other vessels (C) patrol boats equipped with life sav-
involved; ing equipment;
(3) the registration number and a (D) first aid equipment; and
description of the operator’s vessel; (E) fire extinguishers;
(4) the registration number and a (8) written approval for the event from
description of any other vessels the controlling authority of the water
involved in the accident; to be used; and
(5) a complete description of the acci- (9) other information as required by the
dent, including any injuries or secretary.
deaths; and
(6) other relevant information as required (c) Each water event permit application may
by the secretary. include multiple events if the events to
(f) Any individual with knowledge of the be covered under the water event per-
accident, including a responding or mit are all conducted on the same area
investigating law enforcement officer, or body of water.
may file the required accident report if (d) Each application for a water event shall
the operator is unable to file the report be submitted not less than 30 days
due to injury or death. prior to the proposed event.
(e) A water event permit shall be valid for
115-30-9 – Water event permit; applica- the period of time as specified in the
tion and requirements. permit, but shall not extend beyond
(a) A water event permit shall be required December 31 of the year in which the
for any event as described in K.S.A. water event permit was issued.
1989 Supp. 32-1149. A special event (f) A water event involving 25 or fewer par-
permit issued under K.A.R. 115-8-21 ticipants shall not require payment of
shall satisfy the requirement for a the water event permit fee.
water event permit on department (g) Each water event shall be conducted in
lands and waters if processed in com- conformance with conditions estab-
pliance with provisions of subsections lished by the department in the water
(b) and (d) of K.A.R. 115-30-9. event permit.
(b) Any person may apply to the secretary
for a water event permit. The applica- 115-30-10 – Personal watercraft; defini-
tion shall be on forms provided by the tion, requirements, and restrictions.
department and each applicant shall (a) Personal watercraft shall mean any ves-
provide the following information: sel that uses an inboard motor power-
(1) the name of the applicant; ing a jet pump as the vessel’s primary
(2) the address of the applicant; source of propulsion and is designed to
(3) the location of the event; be operated by a person sitting, stand-
(4) the date and time of the event; ing, or kneeling on the vessel rather
(5) a description of the event; than the conventional manner of sitting,
(6) estimated number of boats and indi- standing, or kneeling inside the vessel.
viduals participating; (b) Personal watercraft shall be subject to

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all applicable laws and regulations that waterskis, kneeboards, inflatable
govern the operation, equipment, reg- crafts, or any other device unless the
istration, numbering, and all other mat- personal watercraft is designed to
ters relating to vessels whenever a accommodate more than one person.
personal watercraft is operated on the (8) No person in possession of a person-
waters of this state, except as follows: al watercraft shall permit another
(1) A personal watercraft shall not be person to operate the personal
operated unless each person watercraft unless that person has
aboard the personal watercraft is met the boater education require-
wearing a type I, type II, type III, or ments as specified in K.S.A. 32-
type V United States coast guard- 1139 and amendments thereto.
approved personal floatation device. (c) A boat livery shall not lease, hire, or rent
(2) Each person operating a personal a personal watercraft to, or for the
watercraft equipped by the manufac- operation by, any person who has not
turer with a lanyard-type engine cutoff met the boater education requirements
switch shall attach the lanyard to the as specified in K.S.A. 32-1139 and
operator’s person, clothing, or person- amendments thereto.
al floatation device, as appropriate. (d) The provisions of paragraphs (b) (4), (5),
(3) A person shall not operate a person- (6), and (8) shall not apply to a person
al watercraft between sunset and participating in a regatta, race, marine
sunrise. parade, tournament, or exhibition that
(4) Each person shall operate a personal has been authorized or permitted by
watercraft at no-wake speeds of five the department or is otherwise exempt
miles per hour or less when within from this authorization or permit
200 feet of the following: requirement.
(A) A dock;
(B) a boat ramp; 115-30-11 – Exemption from numbering.
(C) a person swimming; The secretary having determined, pursuant to
(D) a bridge structure; K.S.A. 32-1113(5), that numbering will not
(E) a moored or anchored vessel; materially aid in identification of certain ves-
(F) a sewage pump-out facility; sels and that such vessels are exempt from
(G) a nonmotorized watercraft; numbering under federal law, numbering shall
(H) a boat storage facility; or not be required for any vessel, as defined by
(I) a concessionaire’s facility. K.S.A. 32-1102, and amendments thereto,
(5) A person shall operate a personal while actually engaged in water events
watercraft in a reasonable and pru- authorized by K.S.A. 32-1149, and amend-
dent manner. Maneuvers that ments thereto, and by K.A.R. 115-30-9, if that
endanger life, limb, or property shall vessel is designed for racing and is operated
be prohibited. This prohibition shall exclusively in competitive racing, racing
include weaving through congested demonstrations or special racing exhibitions.
vessel traffic or jumping the wake
produced by another vessel at an 115-30-12 – Marine sanitation devices;
unsafe distance. vessel requirements.
(6) A person shall not operate a personal (a) Each person owning, operating, launch-
watercraft unless the person is fac- ing, mooring, docking, or using any
ing forward. vessel equipped with a marine sanita-
(7) A person shall not operate or use a per- tion device on the waters of the state
sonal watercraft to tow a person on shall meet the following requirements:

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(1) Ensure that all valves capable of allow- (b) motorized vessels on state lakes shall
ing the discharge of sewage into the be operated at no wake speeds if
water are locked in a closed position required by posted notice;
by the use of a nonreleasing locking (c) vessels shall not be operated within 200
device approved by the department feet of any area posted specifically for
or by removing the handle of the swimming and delineated by buoys or
valve after the valve has been placed other markers;
in the closed position; and (d) vessels shall be operated at no wake
(2) make any necessary modifications to speeds within 200 feet of a boat ramp,
securely lock any overboard sewage boat dock, boat storage or concession-
discharge valve into the closed posi- aire’s facilities;
tion or use any other means listed in (e) vessels may be moored or stored in
paragraph (a)(1). excess of 24 hours only at sites desig-
(b) No person may alter or remove any nated for moorage or storage of ves-
department-approved locking device sels; and
once installed by a department (f) vessels left unattended at other than a
employee or authorized agent of the designated moorage or storage site or
department, unless the person notifies vessels not in conformity with posted
the department in writing before the notice provisions or restrictions for
alteration or removal and includes the moorage or storage sites shall be sub-
following information: ject to removal by the department as
(1) The vessel’s registration number or authorized by law.
documentation number;
(2) the vessel’s hull identification number; 115-8-20 – Construction, littering, and
(3) the vessel owner’s name and address; prohibited activities.
(4) the purpose for altering or removing (a) The following activities shall be prohibit-
the locking device; and ed on department lands and waters
(5) the name of the individual or business except as specified in rules and regu-
performing the alteration or removal. lations or as authorized by the depart-
ment.
115-30-13 – Removal of vessels from (1) Constructing any structure, building,
waters of the state. facility, appurtenance or roadway;
(a) The livewells and bilges shall be drained (2) dumping, discarding, or depositing
and the drain plugs removed from all trash, litter, or waste material;
vessels being removed from the (3) digging holes or pits; and
waters of the state before transport on (4) destroying, defacing, degrading, or
any public highway of the state. removing any of the following:
(A) Signs;
115-8-7 – Boating and general restrictions. (B) real or personal property, other than
All department lands and waters, including property owned by that person;
all federal reservoirs, shall be open to boat- (C) geological formations;
ing subject to provisions, restrictions, and (D) historical sites;
closures as established by posted notice. (E) archeological relics or ruins; or
The following general restrictions shall apply: (F) vegetation, except for the noncom-
(a) motorized vessels on state fishing lakes mercial gathering of edible wild
shall be operated for fishing or hunting plants, wild fruits, nuts, or fungi for
purposes only unless otherwise human consumption.
authorized by the department;

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KANSAS BOATING REGUlATIONS


(b) Trash, litter, and waste material shall be containers are not provided shall
deposited or discarded only in contain- remove any trash, litter, and waste
ers provided for the depositing of trash, material generated as a result of and
litter, and waste material. Each person during the person’s use of the area.
using lands or waters where these

GENERAl INFORMATION
Less than 16’

Less than 16’


with sail only

with sail only


16’ or greater

16’ or greater
with motor

with motor

No motor
or sail
PWC

Boating Ed Certificate on Board


 
Illegal to operate Illegal to operate Illegal to operate
Under age 12 without supervision without supervision without supervision

Ages 12-21     
Age 21 and older
Registration
Certificate on board AND
Decals Displayed     
Documented Documented Documented
Special Exemptions from Numbering USCG registration USCG registration USCG registration
decal only decal only decal only

Life Jackets
Worn all times regardless of age

Age 12 and under
(USCG-approved wearable PFD)      
One for each person age 13 and over
on board/correct size/accessible      
throwable (ring/cushion)
readily accessible  
Capacity Plates
Vessels built after 1972
less than 20 feet in length     
Safety Devices
Sound Producing Device
Whistle or Horn   
Sound Producing Device Bell OVER
40 FEET in length

Fire Extinguisher
 * See specifics
below 
   
Illegal to operate Flashlight or
Navigation Lights between sunset/sunrise Lantern

Ventilation System
  
Muffler
  

Inboard/Stern Inboard/Stern
Backfire Flame Arrestor Drives Drives

* Only if boat has closed compartments or permanently installed fuel tanks, or has inboard engine, double hull construction or closed living spaces.

55
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STOP AqUATIC HITCHHIKERS


IT IS IllEGAl TO RElEASE ExOTIC SPECIES
INTO KANSAS WATERS

Please Remember

CLEAN • DRAIN • DRY


Boats and Equipment

www.ksoutdoors.com

IT IS AGAINST BOTH STATE AND FEDERAl lAW


TO RElEASE ANy ExOTIC SPECIES IN KANSAS WATERS.
It is simple to prevent the spread of aquatic invasive species. Remember, it is illegal
to transport certain species in Kansas. Protect yourself and your natural resources.

Before leaving any body of water:


ClEAN
Inspect all equipment for anything attached (plants, animals, and mud) and remove
anything that is found.
DRAIN
Drain all water from equipment (livewell, bilge, bait buckets) before using at a differ-
ent location.
DRy
Dry all equipment for a minimum of 5 days before using again. If you need to use it
sooner, wash with hot (140º) water.

The non-native species shown below pose a serious threat to Kansas waters. If you find
one of these species, do not release it back into the water. Contact the Emporia Research
Office at (620) 342-0658 or your local KDWP office if you find any aquatic nuisance
species. For more information about AIS, go to the KDWP website, ksoutdoors.com. Look
for Aquatic Invasive Species under the fishing tab.

This agency receives Federal financial assistance from the U.S.


Fish and Wildlife Service. Under Title VI of the 1964 Civil Rights
Act, Section 504 of the Rehabilitation Act of 1973, Title II of the
Americans with Disabilities Act of 1990, the Age Discrimination
Act of 1975, and Title Ix of the Education Amendments of 1972.
The U.S. Department of the Interior prohibits discrimination on
the basis of race, color, national origin, age, sex, or disability.
If you believe that you have been discriminated against in any
facility, program, or activity, or if you need more information,
please write to: Office of Diversity, Inclusion, and Civil Rights
U.S. Department of the Interior 1849 C Street, NW Washington,
D.C. 20240 01/24

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