Vermont Statutes Title 23 Sec. 3306
Terms Used In Vermont Statutes Title 23 Sec. 3306
- Department: means Department of Motor Vehicles unless otherwise stated. See
- following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
- Holding tank: means a container or device designed to provide for the retention of wastes on board a vessel and to prevent the discharge of wastes into the waters of this State. See
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Marine toilet: means any toilet on or within any vessel except those that have been permanently sealed and made inoperative. See
- Masthead light: means a white light placed over the fore and aft centerline of the vessel showing an unbroken light over an arc of the horizon of 225 degrees and so fixed as to show the light from right ahead to 22. See
- Motorboat: means any vessel equipped with machinery capable of propelling the vessel, whether or not such machinery is the principal source of propulsion. See
- Sailboard: means a sailboat whose unsupported mast is attached to a surfboard-like hull by a flexible joint. See
- Sailing vessel: means any vessel under sail, provided that propelling machinery, if fitted, is not being used. See
- State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
- Sternlight: means a white light placed as nearly as practicable at the stern, showing an unbroken light over an arc of the horizon of 135 degrees and so fixed as to show the light 67. See
- Vessel: means every description of watercraft, other than a seaplane on the water or a racing shell or rowing scull occupied exclusively by individuals over 12 years of age, used or capable of being used as a means of transportation on water. See
§ 3306. Lights and equipment
(a) Every vessel shall carry and show the following lights, in the intensity prescribed under 33 C.F.R. § 83.22, as amended, when underway between sunset and sunrise and during other periods of restricted visibility:
(1) Unpowered vessels.
(A) A sailing vessel shall exhibit:
(i) sidelights; and
(ii) a sternlight.
(B) A sailing vessel may, in addition to the lights prescribed in subdivision (A) of this subdivision (1), exhibit at or near the top of the mast, where they can best be seen, two all-round lights in a vertical line, the upper being red and the lower being green.
(C) Notwithstanding subdivision (A) of this subdivision (1), on a sailing vessel of less than 20 meters in length, the lights prescribed in subdivision (A) of this subdivision (1) may be combined in a single light and exhibited at or near the top of the mast, where it can best be seen, but may not also have exhibited two all-round lights in a vertical line, as permitted in subdivision (B) of this subdivision (1).
(D) Notwithstanding subdivision (A) of this subdivision (1), a sailing vessel of less than seven meters in length shall, if practicable, exhibit the lights prescribed in subdivision (1) of this subsection (a) but, if not practicable, shall exhibit or have onboard an all-round white light that shall be exhibited in sufficient time to prevent collision.
(E) A vessel under oars or one or more paddles may exhibit the lights prescribed in subdivision (1) of this subsection (a), but, if such lights are not exhibited, the vessel shall exhibit or have onboard an all-round white light that shall be exhibited in sufficient time to prevent collision.
(2) Motorboats.
(A) A motorboat, including one that is also proceeding under sail, shall exhibit:
(i) a masthead light forward;
(ii) a second masthead light abaft of and higher than the light required under subdivision (i) of this subdivision (A) if the vessel is 50 meters or more in length;
(iii) sidelights; and
(iv) a sternlight.
(B) A motorboat that is also proceeding under sail shall exhibit forward, where it can best be seen, a conical shape, apex downward.
(3) Lights approved by the U.S. Coast Guard. Any light or combination of lights approved by the U.S. Coast Guard for inland waters shall be considered legal for Vermont waters.
(b)(1) Personal flotation devices. Each vessel, except sailboards, shall, consistent with federal regulations, carry for each individual aboard at least one wearable U.S. Coast Guard-approved personal flotation device that is in good and serviceable condition and capable of being used in accordance with the U.S. Coast Guard approval label.
(2) Vessels; individuals less than 12 years of age. In addition to the provisions of this subsection, an individual under 12 years of age aboard a vessel, while under way and the individual is on an open deck, shall wear a properly secured wearable U.S. Coast Guard-approved personal flotation device as intended by the manufacturer.
(3) Sailboards; individuals less than 16 years of age. An individual under 16 years of age aboard a sailboard shall wear a properly secured wearable U.S. Coast Guard-approved personal flotation device as intended by the manufacturer.
(4) Inspected commercial vessels. U.S. Coast Guard-inspected commercial vessels shall be exempt from the provisions of this subsection.
(c) Every motorboat, except a motorboat that is less than 26 feet in length, that has an outboard motor and an open construction, and is not carrying passengers for hire shall carry on board, fully charged and in good condition, U.S. Coast Guard-approved hand portable fire extinguishers as follows:
(1) motorboats with no fixed fire extinguisher system in the machinery space and that are:
(A) less than 26 feet in length, one extinguisher;
(B) 26 feet or longer, but less than 40 feet, two extinguishers;
(C) 40 feet or longer, three extinguishers.
(2) motorboats with a fixed fire extinguisher system in the machinery space and that are:
(A) 26 feet or longer but less than 40 feet, one extinguisher;
(B) 40 feet or longer, two extinguishers.
(d) The extinguishers referred to by this section are class B-I or 5-B extinguishers, but one class B-II or 20-B extinguisher may be substituted for two class B-I or 5-B extinguishers.
(e) Every marine toilet on board any vessel operated on the waters of the State shall also incorporate or be equipped with a holding tank. Any holding tank or marine toilet designed so as to provide for an optional means of discharge to the waters on which the vessel is operating shall have the discharge openings sealed shut and any discharge lines, pipes, or hoses shall be disconnected and stored while the vessel is in the waters of this State.
(f) Nothing in this section shall be construed to prevent the discharge of adequately treated wastes from any vessel operating under the provisions of a valid discharge permit issued by the Department of Environmental Conservation.
(g) Motorboats operated on waters that the U.S. Coast Guard has determined to be navigable waters of the United States and therefore subject to the jurisdiction of the United States must have lights and other safety equipment as required by U.S. Coast Guard rules and regulations. (Added 1983, No. 212 (Adj. Sess.), § 2; amended 1985, No. 90, § 2, eff. Jan. 1, 1986; 1987, No. 76, § 18; 1989, No. 65, § 5; 1989, No. 159 (Adj. Sess.), § 1; 2017, No. 71, § 28, eff. June 8, 2017; 2019, No. 131 (Adj. Sess.), § 237; 2021, No. 76, § 13.)