Chapter 66, Article 12 NMSA 1978 may be cited as the “Boat Act”. History: 1953 Comp., § 75-35-1, enacted by Laws 1959, ch. 338, § 1; 1987, ch. 247, § 4. ANNOTATIONS The 1987 amendment, effective July 1, 1987, substituted “Chapter 66, Article 12 NMSA 1978” for “this act”. Act does not affect charging of […]
The exhaust of every internal combustion engine used on any motorboat shall be effectively muffled by equipment so constructed and used as to muffle the noise of the exhaust in a reasonable manner. This may include but is not limited to such devices as mufflers, exhaust restricters and water-injected exhaust headers. The use of cut-outs […]
A. A person shall not operate any motorboat or vessel or manipulate any water skis, surfboard or similar device in a reckless or negligent manner so as to endanger the life or property of any person. B. A person shall not operate any vessel, not defined as a motorboat pursuant to the provisions of the […]
A. The operator of a vessel involved in a collision, accident or other casualty, so far as he can do so without serious danger to his own vessel, crew and passengers, shall: (1) render to other persons affected by the collision, accident or other casualty such assistance as practicable and necessary in order to save […]
In accordance with any request duly made by an authorized official or agency of the United States, any information compiled or otherwise available to the division pursuant to Section 66-12-12B NMSA 1978 shall be transmitted to the official or agency of the United States. History: 1953 Comp., § 75-35-12, enacted by Laws 1959, ch. 338, […]
A. No person shall operate a vessel on any waters of this state for towing a person on water skis, a surfboard or similar device unless there is in the vessel a person in addition to the operator or a device capable of letting the oprator [operator] have an unobstructed view of the person or […]
A. The division may authorize the holding of regattas, motorboat or other boat races, marine parades, tournaments or exhibitions on any waters of this state. It shall adopt and may, from time to time, amend regulations concerning the safety of motorboats and other vessels and persons thereon, either observers or participants. Whenever a regatta, motorboat […]
A. The provisions of the Boat Act and of other applicable laws of this state shall govern the operation, equipment, numbering and all other matters relating thereto whenever any vessel shall be operated on the waters of this state, or when any activity regulated by the Boat Act shall take place thereon, but nothing in […]
The owner of a vessel shall be liable for any injury or damage occasioned by the negligent operation of the vessel, whether the negligence consists of a violation of the provisions of the statutes of this state, or neglecting to observe the ordinary care and operation that the rules of the common law require. The […]
The state park and recreation division [state parks division] may promulgate regulations to carry into effect the provisions of the Boat Act. History: 1953 Comp., § 75-35-17, enacted by Laws 1959, ch. 338, § 17; 1963, ch. 45, § 6; 1977, ch. 254, § 106. ANNOTATIONS Bracketed material. — The bracketed material was inserted by […]
The division shall adopt safe boating education rules that require that: A. a person born after January 1, 1989 who operates a motorboat on the waters of this state shall: (1) have completed a safe boating education course that is approved by the national association of state boating law administrators and certified by the division […]
Regulations adopted by the state park and recreation division [state parks division] pursuant to the Boat Act shall be filed as provided by law. History: 1953 Comp., § 75-35-18, enacted by Laws 1959, ch. 338, § 18; 1963, ch. 45, § 7; 1977, ch. 254, § 107. ANNOTATIONS Cross references. — For filing of agency […]
The purpose of the Boat Act is to promote safety for persons and property in and connected with the use, operation and equipment of vessels and to promote the uniformity of laws relating thereto. History: 1953 Comp., § 75-35-2, enacted by Laws 1959, ch. 338, § 2. ANNOTATIONS Am. Jur. 2d, A.L.R. and C.J.S. references. […]
The fees collected pursuant to the provisions of the Boat Act, less the administrative fee withheld pursuant to Section 1 [7-1-6.41 NMSA 1978] of this 1997 act, shall be covered [deposited] into the state park and recreation fund. History: 1953 Comp., § 75-35-19, enacted by Laws 1959, ch. 338, § 19; 1983, ch. 41, § […]
All money collected as fines for the violation of the provisions of the Boat Act, and regulations of the state park and recreation division [state parks division] made pursuant thereto, shall be paid for credit to the current school fund of the state. History: 1953 Comp., § 75-35-20, enacted by Laws 1959, ch. 338, § […]
The director, park custodians and other employees of the division designated in writing by the director, every sheriff in his respective county and every member of the state police has [have] full authority of a peace officer to enforce the provisions of the Boat Act and the regulations issued pursuant thereto, and in its exercise […]
A. Except for penalty provisions provided in Subsections B through M of this section, a person who violates a provision of the Boat Act or a rule of the division promulgated pursuant to that act is guilty of a petty misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978. B. […]
ANNOTATIONS Repeals. — Laws 2004, ch. 76, § 2 repealed Section 66-12-24 NMSA 1978, as enacted by Laws 2003, ch. 410, § 8, concerning the penalty for a Boat Act violation, effective July 1, 2004. For provisions of former section, see the 2003 NMSA 1978 on NMOneSource.com.
As used in the Boat Act: A. “vessel” means every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water; B. “motorboat” means any vessel propelled by machinery, whether or not machinery is the principal source of propulsion, but does not include […]
A. Every motorboat which is propelled by sail or machinery operating on the waters of this state shall be numbered. No person shall operate or give permission for the operation of any motorboat on the waters of this state unless the motorboat is numbered in accordance with the Boat Act or in accordance with applicable […]
