Md. Code Regs. 08.18.40.04

Current through Register Vol. 51, No. 21, October 18, 2024

Section 08.18.40.04 - Restrictions

A. A person may not operate or give permission to operate a jetpack vessel in a reckless or negligent manner as set forth in COMAR 08.18.01.05.

B. Except as provided in COMAR 08.04.08.03E, a person may not lease, hire, rent, operate, or give permission to operate a jetpack vessel on the waters of the State unless the observer, operator, and rider are 16 years old or older.

C. A person may not operate or give permission to operate a jetpack vessel unless:

(1) An observer is on a rescue vessel that is located at least 100 feet, but no more than 300 feet, away from the rider;

(2) The observer is responsible for the safety of only one rider at a time; and

(3) The observer meets Maryland requirements for a vessel operator.

D. All rescue vessels must have an international orange flag with a minimum size of 12 inches x 12 inches mounted on a pole that is at least 24 inches above the water. The flag must be visible, and remain visible, until the rider is safely secured on the rescue vessel and out of the jet propelled device.

E. All riders and instructors must display international orange markings of at least 12 inches x 12 inches. The required markings may include a vest or flag that is attached to the rider and instructor.

F. A person may not operate or give permission to operate a jetpack vessel on the waters of the State unless the rider is wearing a helmet and a high impact Type I, Type II, or Type III personal flotation device approved by the U.S. Coast Guard.

G. Except as provided in COMAR 08.04.08.03I, a person may not operate or give permission to operate a jetpack vessel in any area of water with a depth of less than 6 feet unless the jet propelled device and rider maintain contact with the water at all times.

H. A person may not operate or give permission to operate a jetpack vessel in properly identified speed zones unless the jet propelled device and rider maintain contact with the water at all times. Properly identified speed zones include 6 knot zones and minimum wake zones.

I. A person may not operate or give permission to operate a jetpack vessel on the waters of the State within 100 feet in all directions, including vertically, of any bridge, structure, shore, wharf, pier, piling, mooring ball, buoy, vessel, or people in the water, unless the jet propelled device and rider maintain contact with the water at all times. This distance restriction does not apply to the instructor, the boat unit, or the operator.

J. A rider may not pick up any other person or use a tandem harness to include a second rider.

K. Except as provided in COMAR 08.18.40.05, a person may not operate or give permission to operate a jetpack vessel on the waters of the State in a porpoise-like motion.

L. A person may not operate or give permission to operate a jetpack vessel on the waters of the State:

(1) Between sunset and sunrise; or

(2) In or near an area of restricted visibility.

M. All jetpack vessel operators and observers born after July 1, 1972 shall carry a certificate of Boater Safety Education pursuant to Natural Resources Article, §8-712.2, Annotated Code of Maryland.

N. A person may not act as an observer, rider, operator, instructor or give permission to operate or observe a jetpack vessel on the waters of the State if they are:

(1) Under the influence of alcohol;

(2) Impaired by alcohol;

(3) So far impaired by any drug, combination of drugs, or combination of one or more drugs and alcohol that the person cannot operate a vessel safely; or

(4) Impaired by any controlled dangerous substance, as defined in Criminal Law Article, §5-101, Annotated Code of Maryland unless the person is entitled to use the controlled dangerous substance under the laws of the State.

O. A person may not operate or give permission to operate a jetpack vessel on the waters of the State unless it is equipped with an engine cutoff switch.

P. All jetpack vessels must be registered in accordance with COMAR 08.04.03.

Q. A person who leases, rents, or otherwise receives consideration for the use of a jetpack vessel shall comply with COMAR 08.04.08.

Md. Code Regs. 08.18.40.04

Regulations .04 adopted as an emergency provision effective June 12, 2015 (42:14 Md. R. 877); adopted permanently effective October 12, 2015 (42:20 Md. R. 1264)