CSV.2.14.090 Prohibited Operation

(a) Negligent operation. No member shall operate or use any boat upon the waters of the ceded territory in a careless, negligent or reckless manner so as to endanger his or her life, property or person or the life, property or person of another.

(b) Operation by incapacitated person or minor.

(1) No member in charge or control of a boat shall authorize or knowingly permit the boat to be operated by any person who by reason of physical or mental disability is incapable of operating such boat under the prevailing circumstances.

(2) No member under the age of 10 years shall operate a motorboat. Members at least 10 and less than 12 years of age may operate a motorboat only if they are either accompanied in the boat by a parent or guardian or a person at least 18 years of age designated by a parent or guardian. Members at least 12 and less than 16 years of age may operate a motor of any horsepower, but only if they are either accompanied by a parent or guardian or a person at least 18 years of age designated by a parent or guardian, or in possession of a certificate issued upon the successful completion of a tribal boating safety program or similar program conducted by another jurisdiction. Violations of this paragraph done with the knowledge of a parent or guardian shall be deemed a violation by the parent or guardian.

(c) Creating hazardous wake or wash.

(1) No member shall operate a motorboat so as to approach or pass another boat in such a manner as to create a hazardous wake or wash.

(2) An operator of a motorboat is liable for any damage caused to the person or property of another by the wake or wash from such motorboat unless the negligence of such other person was the primary cause of the damage.

(d) Operating in circular course. No member shall operate a motorboat repeatedly in a circuitous course around any other boat, or around any person who is swimming, if such circuitous course is within 200 feet of such boat or swimmer; nor shall any boat operate or approach closer than 100 feet to any skin diver's flag or any swimmer unless the boat is part of the skin diving operation or is accompanying the swimmer, or unless physical conditions make compliance impossible.

(e) Overloading. No boat shall be loaded with passengers or cargo beyond its safe carrying capacity, taking into consideration weather and other existing operating conditions.

(f) Molesting or destroying aids to navigation and regulatory markers. No unauthorized member shall move, remove, molest, tamper with, destroy or attempt to destroy, or moor or fasten a boat (except to mooring buoys) to any navigation aids or regulatory markers, signs or other devices established and maintained to aid boaters.