Michigan Laws 324.44502 – Conditions to renting or leasing charter boat or carrying passengers for hire; possession and display of valid pilot’s license; obtaining vessel inspection certificate and pilot’s license
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(1) A person shall not rent or lease, or offer to rent or lease, a charter boat, and a person shall not carry passengers for hire on a vessel on the waters of this state unless all of the following conditions are satisfied:
(a) The department has inspected the vessel, if required by this part, and has issued a certificate of inspection that is valid and current for the vessel.
Terms Used In Michigan Laws 324.44502
- carry passengers for hire: means the transporting of any individual on a vessel other than a nonmotorized raft for consideration directly or indirectly paid to the owner of the vessel, the owner's agent, the operator of the vessel, or any other person who holds any interest in the vessel. See Michigan Laws 324.44501
- Charter boat: means a vessel other than a nonmotorized raft that is rented or offered for rent to carry passengers for hire if the owner or the owner's agent retains possession, command, and control of the vessel. See Michigan Laws 324.44501
- Department: means the director of the department of natural resources or his or her designee to whom the director delegates a power or duty by written instrument. See Michigan Laws 324.301
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Navigable waters: means those waters of the state over which this state and the United States Coast Guard exercise concurrent jurisdiction, including the Great Lakes and waters connected to the Great Lakes, to the upstream limit of navigation as determined by the United States Army Corps of Engineers. See Michigan Laws 324.44501
- Operate: when used with reference to a vessel, means to start any propulsion engine or to physically control the motion, direction, or speed of the vessel. See Michigan Laws 324.44501
- Peace officer: means a sheriff or sheriff's deputy; village or township marshal; officer of the police department of any city, village, or township; officer of the Michigan state police; or other police officer or law enforcement officer who is trained and licensed or certified under the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28. See Michigan Laws 324.44501
- Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 324.301
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
- United States: shall be construed to include the district and territories. See Michigan Laws 8.3o
- Vessel: means every description of watercraft, other than a seaplane, used or capable of being used as a means of transportation on water irrespective of the method of operation or propulsion. See Michigan Laws 324.44501
(b) The operator of the vessel is a licensed pilot or is under the direct supervision of a licensed pilot who is on board the vessel.
(c) The person complies with the reporting requirements of section 44508.
(2) The licensed pilot of a charter boat shall possess a valid and current pilot’s license issued in his or her name and shall immediately display that license upon demand of any peace officer.
(3) A person shall not operate a charter boat that carries 7 or more passengers on navigable waters without first obtaining a current vessel inspection certificate and a pilot’s license from the United States coast guard or other federal agency.