Missouri Revised Statutes

Chapter 306
Watercraft Regulation and Licensing--Water Patrol Division

August 28, 2013




Definitions.

306.010. As used in this chapter the following terms mean:

(1) "Motorboat", any vessel propelled by machinery, whether or not such machinery is a principal source of propulsion;

(2) "Operate", to navigate or otherwise use a motorboat or a vessel;

(3) "Operator", the person who operates or has charge of the navigation or use of a vessel;

(4) "Owner", a person other than a lienholder, having the property in or title to a motorboat. The term includes a person entitled to the use or possession of a motorboat subject to an interest of another person, reserved or created by agreement and securing payment or performance of an obligation, but the term excludes a lessee under a lease not intended as security;

(5) "Parasailing", the towing of any person equipped with a parachute or kite equipment by any watercraft operating on the waters of this state;

(6) "Personal watercraft", a class of vessel, which is less than sixteen feet in length, propelled by machinery which is designed to be operated by a person sitting, standing or kneeling on the vessel, rather than being operated by a person sitting or standing inside the vessel;

(7) "Skiing", any activity that involves a person or persons being towed by a vessel, including but not limited to waterskiing, wake boarding, wake surfing, knee boarding, and tubing;

(8) "Vessel", every motorboat and every description of motorized watercraft, and any watercraft more than twelve feet in length which is powered by sail alone or by a combination of sail and machinery, used or capable of being used as a means of transportation on water, but not any watercraft having as the only means of propulsion a paddle or oars;

(9) "Water patrol division of the state highway patrol" or "water patrol division", the division responsible for enforcing the provisions of this chapter on the waters of this state. The revisor of statutes is instructed to replace the terms "Missouri state water patrol" or "state water patrol" wherever those terms exist in this chapter with the term "water patrol division";

(10) "Watercraft", any boat or craft, including a vessel, used or capable of being used as a means of transport on waters;

(11) "Waters of this state", any waters within the territorial limits of this state and lakes constructed or maintained by the United States Army Corps of Engineers except bodies of water owned by a person, corporation, association, partnership, municipality or other political subdivision, public water supply impoundments, and except drainage ditches constructed by a drainage district, but the term does include any body of water which has been leased to or owned by the state department of conservation.

(L. 1959 S.B. 142 1, A.L. 1969 S.B. 194, A.L. 1972 H.B. 1374, A.L. 1975 S.B. 264, A.L. 1979 S.B. 123, A.L. 1989 S.B. 135, A.L. 1995 H.B. 217, A.L. 2008 H.B. 1715, A.L. 2010 H.B. 1868)



Vessels, registration, procedure, fee--delinquent application, penalty fee--failure to obtain certificate of title, effect of.

306.015. 1. The owner of a vessel kept within this state shall cause it to be registered in the office of the director of revenue who shall issue a certificate of title for the same.

2. The owner of any vessel acquired or brought into the state shall file his application for title within sixty days after it is acquired or brought into this state. The director of revenue may grant extensions of time for titling to any person in deserving cases.

3. The fee for the certificate of title shall be seven dollars fifty cents and shall be paid to the director of revenue at the time of making application. If application for certificate of title is not made within sixty days after the vessel is acquired or brought into the state, a delinquency penalty fee of ten dollars for each thirty days of delinquency, not to exceed a total of thirty dollars, shall be imposed. If the director of revenue learns that any person has failed to make application for certificate of title within sixty days after acquiring or bringing into the state a vessel or has sold a vessel without obtaining a certificate of title, he shall cancel the registration of all motorboats, vessels, and watercraft registered in the name of the person, either as sole owner or as co-owner, and shall notify the person that the cancellation will remain in force until the person pays the delinquency penalty fee provided in this section together with all fees, charges, and payments which he should have paid in connection with the certificate of title of the vessel.

4. In the event of a sale or transfer of ownership of a vessel or outboard motor for which a certificate of ownership or manufacturer's statement of origin has been issued, the holder of such certificate shall endorse on the same an assignment thereof, with warranty of title in form printed thereon, and prescribed by the director of revenue, with a statement of all liens or encumbrances on such vessel or outboard motor, and deliver the same to the buyer at the time of delivery to the buyer of such vessel or outboard motor; provided that, when the transfer of a vessel or outboard motor occurs within a corporation which holds a license to operate as a motor vehicle or boat dealer under sections 301.550 to 301.573 and this section, the provisions of subdivision (3) of subsection 6 of section 144.070 shall not apply.

(L. 1985 H.B. 280, et al., A.L. 2008 H.B. 1715)



United States Coast Guard documented vessels, certificate of registration, requirements--fees and taxes--duration--temporary registration--termination--availability for inspection.

306.016. 1. By January 1, 1995, the owner of any vessel documented by the United States Coast Guard on August 28, 1994, and the new owner of any vessel purchased after August 28, 1994, who upon the sale or transfer of the vessel desires to document the vessel with the United States Coast Guard, shall apply for a vessel certificate of registration and pay a certification fee of seven dollars and fifty cents, an initial registration fee in an amount equal to the amount required for a certificate of number under section 306.030 and all applicable state and local or in lieu watercraft taxes as provided by law in effect on the date the vessel was documented or submit proof that all applicable registration fees have been paid to the department of revenue and all applicable taxes or in lieu watercraft taxes have been paid in this or another state. Such application shall include the county in which such vessel will be normally maintained by the new owner. A certificate of registration and a set of registration decals in a form the director shall prescribe shall be issued for a documented vessel. A Missouri resident shall make application for a vessel certificate of registration within thirty days of acquiring or bringing the vessel into this state. A nonresident shall make application for a vessel certificate of registration within sixty days after acquiring a vessel in this state or bringing a vessel into this state if the vessel will be kept in this state for a period in excess of sixty consecutive days. A delinquency penalty fee of ten dollars shall be imposed for each thirty days of delinquency, not to exceed a total of thirty dollars. If the director of revenue learns that any person has failed to make application for a vessel certificate of registration in accordance with this section or has sold a vessel documented by the United States Coast Guard without obtaining a certificate of registration as provided in this section, the director shall cancel the registration of all vessels and outboard motors registered in the name of the person, either as sole owner or a co-owner, and shall notify the person that the cancellation will remain in force until the person pays the delinquency penalty fee together with all fees, charges, and payments which the person should have paid in connection with the vessel certificate of registration.

2. A boat or vessel documented by the United States Coast Guard or other agency of the federal government and operated on the waters of this state shall not be liable for the payment of any state or local sales or use tax on the purchase, but shall be liable for the payment of an in-lieu watercraft tax, which is hereby imposed. The fee in lieu of tax imposed pursuant to this section shall not apply to United States Coast Guard registered vessels purchased for purposes of marine construction including, but not limited to, barges, dredges, marine cranes, and other marine equipment utilized for construction or dredging of waterways. The in-lieu watercraft tax shall be collected by the director of revenue and deposited in the state treasury to the credit of general revenue and shall be appropriated for use by the water patrol division. Watercraft dealers in this state shall report to the director of revenue on forms furnished by the director the sale of each watercraft sold to a resident of this state. If the watercraft is registered and licensed pursuant to the provisions of this chapter and all applicable sales taxes have been paid, the director shall not collect the in-lieu tax imposed by this subsection. If the watercraft is registered with the United States Coast Guard or other agency of the federal government and not under the provisions of this chapter the director shall bill the purchaser of the watercraft for the in-lieu tax imposed by this subsection. Any person who fails to pay the in-lieu tax due under this section, within thirty days after receipt of the bill from the director of revenue, shall be liable to the same penalties imposed by law for failure to pay sales and use taxes due the state. The in-lieu tax shall be determined as follows:

PURCHASE PRICE OF WATERCRAFT TAX DUE

Less than $ 15,000 $ 500.00 $ 15,001 to $ 30,000 650.00 $ 30,001 to $ 50,000 1,000.00 $ 50,001 to $100,000 1,400.00 $100,001 to $150,000 2,000.00 $150,001 to $200,000 3,000.00 $200,001 to $250,000 4,000.00 $250,001 to $300,000 5,000.00 $300,001 to $350,000 5,500.00 $350,001 to $400,000 6,000.00 $400,001 to $450,000 6,500.00 $450,001 to $500,000 7,500.00 $500,001 to $550,000 8,500.00 $550,001 to $650,000 9,500.00 $650,001 to $750,000 10,500.00 $750,001 and above add an additional 1,500.00

for each $100,000 increment

3. The registration decals for any vessel documented by the United States Coast Guard shall be in force and effect for a period of three years so long as the vessel is owned or held by the original holder of the certificate of registration and shall be renewed upon application and payment of a registration renewal fee equal to the amount required for a certificate of number under section 306.030. The owner shall attach the registration decals to both sides of the forward half of the bow of the documented vessel in a place that is fully visible.

4. The department of revenue may issue a temporary vessel certificate of registration authorizing the operation of a vessel to be documented by the United States Coast Guard for not more than sixty days. The temporary registration shall be made available by the department of revenue and may be purchased from the department of revenue or from a dealer upon proof of purchase of a vessel. The department shall make temporary certificates of registration available to registered dealers in this state in sets of ten. The fee for the temporary certificates of registration shall be five dollars each. No dealer shall charge more than five dollars for each temporary certificate of registration issued. The temporary registration shall be valid for a period of sixty days from the date of issuance by the department of revenue to the purchaser of the vessel or from the date of sale of the vessel by a dealer from which the purchaser obtains a certificate of registration. The temporary certificate of registration shall be issued on a form prescribed by the department of revenue and issued only for the purchaser's use in the operation of the vessel purchased to enable the purchaser to legally operate the vessel while a certificate of registration is being obtained, and shall be displayed on no other vessel. Temporary certificates of registration issued under this section shall not be transferable or renewable and shall not be valid upon issuance of a proper certificate of registration. The dealer or authorized agent shall insert the date of issuance and expiration date, year, make and the manufacturer's identification number of the vessel on the temporary registration when issued to the purchaser. The dealer shall complete the information on the temporary registration in full. Every dealer that issues a temporary certificate of registration shall keep, for inspection by authorized officers, a correct record of each temporary certificate of registration issued by the dealer by recording the registration number, purchaser's name and address, year, make and manufacturer's identification number of the vessel on which the temporary certificate of registration is to be used and the date of issuance.

5. Upon the sale or transfer of any vessel documented by the United States Coast Guard for which a certificate of registration has been issued, the registration shall be terminated. If the new owner elects to have the vessel documented by the United States Coast Guard, the new owner shall submit, in addition to the properly assigned certificate of registration, proof of release from the documentation provided by the United States Coast Guard and shall comply with the provisions of this section. If the new owner elects not to document the vessel with the United States Coast Guard, the owner shall comply with the applicable provisions of this chapter.

6. The certificate of registration shall be available at all times for inspection on the vessel for which it is issued, whenever the vessel is in operation.

(L. 1994 S.B. 477, et al., A.L. 1995 H.B. 217, A.L. 2003 H.B. 600)

Effective 7-01-03



Vessels to be numbered--number, where displayed.

306.020. Every vessel on the waters of this state shall be numbered. No person shall operate or give permission for the operation of any vessel on the waters of this state unless the vessel is numbered in accordance with this chapter, or in accordance with applicable federal law, or in accordance with a federally approved numbering system of another state, and unless the certificate of number awarded to the vessel is in full force and effect, and unless the identifying number set forth in the certificate of number is displayed on each side of the bow of the vessel.

(L. 1959 S.B. 142 2, A.L. 1975 S.B. 264)



Certificate of number, application, procedure, contents, fee--numbers, how attached--numbers from federal or other state governments, reciprocity--renewal of certificate, when, how--personal property tax statement and proof of payment required--deposit and use of fees.

306.030. 1. The owner of each vessel requiring numbering by this state shall file an application for number with the department of revenue on forms provided by it. The application shall contain a full description of the vessel, factory number or serial number, together with a statement of the applicant's source of title and of any liens or encumbrances on the vessel. For good cause shown the director of revenue may extend the period of time for making such application. The director of revenue shall use reasonable diligence in ascertaining whether the facts stated in such application are true, and, if satisfied that the applicant is the lawful owner of such vessel, or otherwise entitled to have the same registered in his or her name, shall thereupon issue an appropriate certificate of title over the director's signature and sealed with the seal of the director's office, procured and used for such purpose, and a certificate of number stating the number awarded to the vessel. The application shall include a provision stating that the applicant will consent to any inspection necessary to determine compliance with the provisions of this chapter and shall be signed by the owner of the vessel and shall be accompanied by the fee specified in subsection 10 of this section. The owner shall paint on or attach to each side of the bow of the vessel the identification number in a manner as may be prescribed by rules and regulations of the division of water safety in order that it may be clearly visible. The number shall be maintained in legible condition. The certificate of number shall be pocket size and shall be available at all times for inspection on the vessel for which issued, whenever the vessel is in operation. The operator of a vessel in which such certificate of number is not available for inspection by the water patrol division or, if the operator cannot be determined, the person who is the registered owner of the vessel shall be subject to the penalties provided in section 306.210. Vessels owned by the state or a political subdivision shall be registered but no fee shall be assessed for such registration.

2. Each new vessel sold in this state after January 1, 1970, shall have die stamped on or within three feet of the transom or stern a factory number or serial number.

3. The owner of any vessel already covered by a number in full force and effect which has been awarded to it pursuant to then operative federal law or a federally approved numbering system of another state shall record the number prior to operating the vessel on the waters of this state in excess of the sixty-day reciprocity period provided for in section 306.080. The recordation and payment of registration fee shall be in the manner and pursuant to the procedure required for the award of a number under subsection 1 of this section. No additional or substitute number shall be issued unless the number is a duplicate of an existing Missouri number.

4. In the event that an agency of the United States government shall have in force an overall system of identification numbering for vessels within the United States, the numbering system employed pursuant to this chapter by the department of revenue shall be in conformity therewith.

5. All records of the department of revenue made and kept pursuant to this section shall be public records.

6. Every certificate of number awarded pursuant to this chapter shall continue in force and effect for a period of three years unless sooner terminated or discontinued in accordance with the provisions of this chapter. Certificates of number may be renewed by the owner in the same manner provided for in the initial securing of the same or in accordance with the provisions of sections 306.010 to 306.030.

7. The department of revenue shall fix the days and months of the year on which certificates of number due to expire during the calendar year shall lapse and no longer be of any force and effect unless renewed pursuant to this chapter and may stagger such dates in order to distribute the workload.

8. When applying for or renewing a vessel's certificate of number, the owner shall submit a paid personal property tax receipt for the tax year which immediately precedes the year in which the application is made or the year in which the renewal is due and which reflects that the vessel being renewed is listed as personal property and that all personal property taxes, including delinquent taxes from prior years, have been paid, or a statement certified by the county or township in which the owner's property was assessed showing that the state and county tangible personal property taxes for such previous tax year and all delinquent taxes due have been paid by the applicant or that no such taxes were due.

9. When applying for or renewing a certificate of registration for a vessel documented with the United States Coast Guard under section 306.016, owners of vessels shall submit a paid personal property tax receipt for the tax year which immediately precedes the year in which the application is made or the renewal is due and which reflects that the vessel is listed as personal property and that all personal property taxes, including delinquent taxes from prior years, have been paid, or a statement certified by the county or township in which the owner's property was assessed showing that the state and county tangible personal property taxes for such previous tax year and all delinquent taxes due have been paid by the applicant or that no such taxes were due.

10. The fee to accompany each application for a certificate of number is:

For vessels under 16 feet in length $25.00 For vessels at least 16 feet in length but less

than 26 feet in length $55.00 For vessels at least 26 feet in length but less

than 40 feet in length $100.00 For vessels at least 40 feet and over $150.00.

11. The certificate of title and certificate of number issued by the director of revenue shall be manufactured in a manner to prohibit as nearly as possible the ability to alter, counterfeit, duplicate, or forge such certificate without ready detection.

12. The first two million dollars collected annually under the provisions of this section shall be deposited into the state general revenue fund. All fees collected under the provisions of this section in excess of two million dollars annually shall be deposited in the water patrol division fund and shall be used exclusively for the water patrol division.

13. Notwithstanding the provisions of subsection 10 of this section, vessels at least sixteen feet in length but less than twenty-eight feet in length, that are homemade, constructed out of wood, and have a beam of five feet or less, shall pay a fee of fifty-five dollars which shall accompany each application for a certification number.

(L. 1959 S.B. 142 3, A.L. 1969 S.B. 194, A.L. 1975 S.B. 264, A.L. 1985 H.B. 280, et al., A.L. 1995 H.B. 217, A.L. 2006 S.B. 778, A.L. 2008 H.B. 1715)

CROSS REFERENCES:

Penalty provisions for violations of this section, 306.210

Use tax must be paid to register, 144.613



New or replacement identification number of motor or vessel--securing of number--penalty.

306.031. 1. If an original, manufacturer's, or other distinguishing number on any outboard motor or vessel has been destroyed, removed, covered, altered, defaced or is otherwise nonexistent, the director of revenue, upon application, payment of seven dollars and fifty cents, proper inspection, and satisfactory proof of ownership by the owner, shall issue a new or replacement identification number plate to be affixed to the outboard motor or vessel. The number plate shall be in the form prescribed by the director of revenue.

2. The owner or the owner's designee shall securely fasten the identification number plate immediately to the outside of the outboard motor or vessel close to the area where the original or manufacturer's identification number plate would typically be. After the identification number plate has been secured to the outboard motor or vessel as required, such number shall be the lawful number of the outboard motor or vessel for the purpose of identification and registration. No person shall destroy, remove, cover, alter or deface such number. Any person who violates the provisions of this subsection is guilty of a class B misdemeanor.

(L. 1995 H.B. 217 2, A.L. 1997 H.B. 379)

Effective 6-24-97



Certificate of title, form of.

306.035. The form of the certificate of title prescribed by section 306.030 shall be set by the director of revenue, and the certificate of title shall be issued as nearly as practicable as certificates of title for outboard motors are issued under the provisions of sections 306.530 to 306.575.

(L. 1969 S.B. 194)



Certified number only on boat.

306.040. No number other than the number awarded to a motorboat or granted reciprocity pursuant to this chapter shall be painted, attached, or otherwise displayed on either side of the bow of the motorboat.

(L. 1959 S.B. 142 3)



Notice of change of address of certificate holder--procedure.

306.050. Any holder of a certificate of number shall notify the department of revenue within fifteen days, if his address no longer conforms to the address appearing on the certificate and shall, as a part of the notification, furnish the department of revenue with his new address. The department of revenue may provide in its rules and regulations for the surrender of the certificate bearing the former address and its replacement with a certificate bearing the new address or for the alteration of an outstanding certificate to show the new address of the holder.

(L. 1959 S.B. 142 3)



Transfer of ownership of boat, application, fee--temporary certificate of number, fee--contents--dealer issue, record required, contents, penalty.

306.060. 1. If the ownership of a vessel changes, the new owner shall file a new application form with the required fee with the department of revenue and a new certificate of number may be awarded in the same manner as provided in section 306.030 for an original award of number.

2. The department of revenue may issue a one-time temporary certificate of number authorizing the operation of a vessel by the purchaser for not more than thirty days. A temporary permit issued under this section is not renewable. The department of revenue shall provide the temporary certificates of number. A person may purchase a temporary certificate from the department of revenue with proof of purchase of a vessel or from the dealer when the vessel is purchased. The department shall provide temporary certificates of number to registered dealers in this state in sets of ten certificates. The fee for a temporary certificate of number shall be five dollars for each temporary certificate of number issued. A dealer may not charge more than five dollars for each temporary certificate of number issued by the dealer. The department of revenue shall prescribe the form for a temporary certificate of number. A temporary certificate of number is valid for the legal operation of a vessel only by the purchaser of the vessel from the date the certificate is issued for either thirty days or until proper title and registration have been obtained, whichever first occurs. A temporary certificate may not be transferred or displayed on any vessel other than the vessel for which it was issued. The department of revenue shall determine the size, number configuration, construction and color of the temporary certificates of number.

3. The department of revenue or the dealer or the dealer's authorized agent shall insert the date of issuance and expiration date, year, make and the manufacturer's identification number of the vessel on the temporary certificate of number when issued to the purchaser. The dealer shall also insert the dealer's number on the temporary certificate of number. Every dealer that issues a temporary certificate of number shall keep, for inspection by authorized officers, an accurate record of each temporary certificate of number issued by the dealer by recording the certificate of number, purchaser's name and address, year, make and manufacturer's identification number of the vessel on which the temporary certificate of number is to be used and the date of issuance.

(L. 1959 S.B. 142 3, A.L. 1995 H.B. 217, A.L. 1997 H.B. 379)

Effective 6-24-97

CROSS REFERENCE:

Penalty provisions for violations of this section, 306.210



Motorized amphibious vehicle, defined--treated as a vessel, not a motor vehicle, exceptions--license required.

306.075. A "motorized amphibious vehicle" is a self-propelled vehicle designed or used for transporting property or eight or more persons on the highways and waters of this state. A motorized amphibious vehicle shall not be considered a motor vehicle for the purpose of titling and registration as defined in chapter 301 and shall not be considered a commercial motor vehicle as defined in section 302.700. A motorized amphibious vehicle shall be treated as a vessel as defined in this chapter for the purposes of titling and registration and shall be subject to all provisions of this chapter. Such vehicles are to be treated as a motor vehicle only for the purposes of complying with the provisions of sections* 302.010 to 302.605 and chapters 303, 304, 307 and 577 while the vehicle is being operated on the highways of this state. Every operator of a motorized amphibious vehicle shall hold a valid license to operate a motor vehicle when operating the vehicle on the highways of this state and is subject to any licensing requirements of the United States Coast Guard and the provisions of this chapter when operating such vehicle on the waters of this state.

(L. 1989 1st Ex. Sess. H.B. 3 1)

Effective 7-27-89

*Word "chapters" appears in original rolls.



Vessels exempt from numbering requirements.

306.080. A vessel shall not be required to be numbered under this chapter if it is:

(1) Already covered by a number in full force and effect which has been awarded to it pursuant to federal law or a federally approved numbering system of another state; except that the boat shall not have been within this state for a period in excess of sixty consecutive days;

(2) A vessel from a country other than the United States using the waters of this state for not more than sixty consecutive days;

(3) A vessel whose owner is the United States;

(4) A ship's lifeboat which is used solely for lifesaving purposes;

(5) A vessel documented by the United States Coast Guard or any federal successor thereto; or

(6) A motorboat designed and intended solely for racing while competing in any race previously approved by the water patrol division in accordance with section 306.130. This exemption shall include operation within a twenty-four-hour period prior to such approved race in order to test or tune up the motorboat.

(L. 1959 S.B. 142 5, A.L. 1969 S.B. 194, A.L. 1985 H.B. 280, et al., A.L. 1993 H.B. 218, A.L. 1994 S.B. 477, et al., A.L. 1995 H.B. 217)



Maximum sound levels for recreational motorboats--exceptions.

306.090. 1. It is unlawful for any person to operate a recreational motorboat upon the waters of this state in any manner under any condition so that the recreational motorboat emits sound at a level exceeding eighty-six decibels on an A-weighted scale when measured from a distance of fifty or more feet from the recreational motorboat.

2. This section shall not be construed so as to prohibit use of any exhaust system or device, including but not limited to those not discharging water with exhaust gases as long as the device or system emits sound at a level in compliance with subsection 1 of this section.

3. The provisions of this section do not apply to motorboats operated under permit pursuant to section 306.130, nor to trial runs for a period not exceeding the twenty-four hours immediately preceding a regatta or race, nor to official trials in competition for speed records for a period not exceeding the twenty-four hours immediately preceding a regatta or race.

(L. 1959 S.B. 142 7, A.L. 1977 S.B. 151)

CROSS REFERENCE:

Peace disturbance, 574.010



Classification of vessels--equipment requirements.

306.100. 1. For the purpose of this section, vessels shall be divided into four classes as follows:

(1) Class A, less than sixteen feet in length;

(2) Class 1, at least sixteen and less than twenty-six feet in length;

(3) Class 2, at least twenty-six and less than forty feet in length;

(4) Class 3, forty feet and over.

2. All vessels shall display from sunset to sunrise the following lights when under way, and during such time no other lights, continuous spotlights or docking lights, or other nonprescribed lights shall be exhibited:

(1) Vessels of classes A and 1:

(a) A bright white light aft to show all around the horizon;

(b) A combined light in the forepart of the vessel and lower than the white light aft, showing green to starboard and red to port, so fixed as to throw the light from right ahead to two points (22 1/2 degrees) abaft the beam on their respective sides;

(2) Vessels of classes 2 and 3:

(a) A bright white light in the forepart of the vessel as near the stem as practicable, so constructed as to show the unbroken light over an arc of the horizon of twenty points (225 degrees) of the compass, so fixed as to throw the light ten points (112 1/2 degrees) on each side of the vessel; namely, from right ahead to two points (22 1/2 degrees) abaft the beam on either side;

(b) A bright white light aft to show all around the horizon and higher than the white light forward;

(c) On the starboard side a green light so constructed as to show an unbroken light over an arc of the horizon of ten points (112 1/2 degrees) of the compass, so fixed as to throw the light from right ahead to two points (22 1/2 degrees) abaft the beam on the starboard side; on the port side a red light so constructed as to show an unbroken light over an arc of the horizon of ten points (112 1/2 degrees) of the compass, so fixed as to throw the light from right ahead to two points (22 1/2 degrees) abaft the beam on the portside. The side lights shall be fitted with inboard screens so set as to prevent these lights from being seen across the bow;

(3) Vessels of classes A and 1 when propelled by sail alone shall exhibit the combined light prescribed by this section and a twelve point (135 degree) white light aft. Vessels of classes 2 and 3, when so propelled, shall exhibit the colored side lights, suitably screened, prescribed by this section and a twelve point (135 degree) white light aft;

(4) All vessels between the hours of sunset and sunrise that are not under way, moored at permanent dockage or attached to an immovable object on shore so that they do not extend more than fifty feet from the shore shall display one three-hundred-sixty-degree white light visible three hundred sixty degrees around the horizon;

(5) Every white light prescribed by this section shall be of such character as to be visible at a distance of at least two miles. Every colored light prescribed by this section shall be of such character as to be visible at a distance of at least one mile. The word "visible" in this subsection, when applied to lights, shall mean visible on a dark night with clear atmosphere;

(6) When propelled by sail and machinery every vessel shall carry the lights required by this section for a motorboat propelled by machinery only.

3. Any watercraft not defined as a vessel shall, from sunset to sunrise, carry, ready at hand, a lantern or flashlight showing a white light which shall be exhibited in sufficient time to avert collision.

4. Any vessel may carry and exhibit the lights required by the federal regulations for preventing collisions at sea, in lieu of the lights required by subsection 2 of this section.

5. All other watercraft over sixty-five feet in length and those propelled solely by wind effect on the sail shall display lights prescribed by federal regulations.

6. Any watercraft used by a person engaged in the act of sport fishing is not required to display any lights required by this section if no other vessel is within the immediate vicinity of the first vessel, the vessel is using an electric trolling motor and the vessel is within fifty feet of the shore.

7. Every vessel, except those in class A, shall have on board at least one wearable personal flotation device of type I, II or III for each person on board and each person being towed who is not wearing one. Every such vessel shall also have on board at least one type IV throwable personal flotation device.

8. All class A motorboats and all watercraft traveling on the waters of this state shall have on board at least one type I, II, III or IV personal flotation device for each person on board and each person being towed who is not wearing one.

9. All lifesaving devices required by subsections 7 and 8 of this section shall be United States Coast Guard approved, in serviceable condition and so placed as to be readily accessible.

10. Every vessel which is carrying or using flammable or toxic fluid in any enclosure for any purpose, and which is not an entirely open vessel, shall have an efficient natural or mechanical ventilation system which must be capable of removing resulting gases prior to and during the time the vessel is occupied by any person.

11. Motorboats shall carry on board at least the following United States Coast Guard approved fire extinguishers:

(1) Every class A and every class 1 motorboat carrying or using gasoline or any other flammable or toxic fluid, one B1 type fire extinguisher;

(2) Every class 2 motorboat, one B2 or two B1 type fire extinguishers;

(3) Every class 3 motorboat:

(a) Three B1 type fire extinguishers; or

(b) One B2 type and one B1 type fire extinguisher; or

(c) A fixed fire extinguishing system and one B2 type fire extinguisher; or

(d) A fixed fire extinguishing system and two B1 type fire extinguishers.

12. All class 1 and 2 motorboats and vessels shall have a sounding device. All class 3 motorboats and vessels shall have at least a sounding device and one bell.

13. No person shall operate any watercraft which is not equipped as required by this section.

14. A water patrol division officer may direct the operator of any watercraft being operated without sufficient personal flotation devices, fire-fighting devices or in an overloaded or other unsafe condition or manner to take whatever immediate and reasonable steps are necessary for the safety of those aboard when, in the judgment of the officer, such operation creates a hazardous condition. The officer may direct the operator to return the watercraft to the nearest safe mooring and to remain there until the situation creating the hazardous condition is corrected.

15. A water patrol division officer may remove any unmanned or unattended watercraft from the water when, in the judgment of the officer, the watercraft creates a hazardous condition.

16. Nothing in this section shall prohibit the use of additional specialized lighting used in the act of sport fishing.

(L. 1959 S.B. 142 4, A.L. 1969 S.B. 194, A.L. 1977 H.B. 176, A.L. 1985 H.B. 280, et al., A.L. 1989 S.B. 135, A.L. 2008 H.B. 1715)



Alcoholic drinking devices and containers prohibited on rivers--violation, penalty.

306.109. 1. No person shall possess or use beer bongs or other drinking devices used to consume similar amounts of alcohol on the rivers of this state. As used in this section, the term "beer bong" includes any device that is intended and designed for the rapid consumption or intake of an alcoholic beverage, including but not limited to funnels, tubes, hoses, and modified containers with additional vents.

2. No person shall possess or use any large volume alcohol containers that hold more than four gallons of an alcoholic beverage on the rivers of this state.

3. Any person who violates the provisions of this section is guilty of a class A misdemeanor.

4. The provisions of this section shall not apply to persons on the Mississippi River, Missouri River, or Osage River.

(L. 2009 H.B. 62, A.L. 2011 S.B. 135)



Reckless and drunken operation or use of boats or skis prohibited.

306.110. 1. No person shall operate any motorboat or watercraft, or manipulate any water skis, surfboard or other waterborne device in a reckless or negligent manner so as to endanger the life or property of any person.

2. No person shall operate any motorboat or watercraft, or manipulate any water skis, surfboard or other waterborne device while intoxicated or under the influence of any narcotic drug, barbiturate or marijuana.

(L. 1959 S.B. 142 9, A.L. 1985 H.B. 280, et al.)

Effective 4-1-86



Negligent operation of a vessel, penalty--operating a vessel while intoxicated, penalty--involuntary manslaughter with a vessel, penalty--assault with a vessel, penalty--intoxicated condition defined.

306.111. 1. A person commits the crime of negligent operation of a vessel if when operating a vessel he or she acts with criminal negligence, as defined in subsection 5 of section 562.016, to cause physical injury to any other person or damage to the property of any other person. A person convicted of negligent operation of a vessel is guilty of a class B misdemeanor upon conviction for the first violation, guilty of a class A misdemeanor upon conviction for the second violation, and guilty of a class D felony for conviction for the third and subsequent violations.

2. A person commits the crime of operating a vessel while intoxicated if he or she operates a vessel on the Mississippi River, Missouri River or the lakes of this state while in an intoxicated condition. Operating a vessel while intoxicated is a class B misdemeanor.

3. A person commits the crime of involuntary manslaughter with a vessel if, while in an intoxicated condition, he or she operates any vessel and, when so operating, acts with criminal negligence to cause the death of any person. Involuntary manslaughter with a vessel is a class C felony.

4. A person commits the crime of assault with a vessel in the second degree if, while in an intoxicated condition, he or she operates any vessel and, when so operating, acts with criminal negligence to cause physical injury to any other person. Assault with a vessel in the second degree is a class D felony.

5. For purposes of this section, a person is in an intoxicated condition when he or she is under the influence of alcohol, a controlled substance or drug, or any combination thereof.

(L. 1993 S.B. 167, A.L. 2008 H.B. 1715)



Operating vessel with excessive blood alcohol content--penalty.

306.112. 1. A person commits the crime of operating a vessel with excessive blood alcohol content if such person operates a vessel on the Mississippi River, Missouri River or the lakes of this state with eight-hundredths of one percent or more by weight of alcohol in such person's blood.

2. As used in this section, percent by weight of alcohol in the blood shall be based upon grams of alcohol per one hundred milliliters of blood and may be shown by chemical analysis of the person's blood, breath, urine, or saliva.

3. Operating a vessel with excessive blood alcohol content is a class B misdemeanor.

(L. 1993 S.B. 167, A.L. 2005 H.B. 353, A.L. 2008 H.B. 1715)



Operate defined--probable cause required.

306.113. 1. For purposes of sections 306.111 to 306.119, the term "operate" means to physically control the movement of a vessel in motion under mechanical or sail power in water.

2. No arrest shall be made under sections 306.111 to 306.119 unless probable cause exists for that arrest.

(L. 1993 S.B. 167)

Effective 6-30-93



Grant of suspended imposition of sentence, requirements--validity of chemical tests--restrictions upon withdrawal of blood, procedure, no civil liability.

306.114. 1. No person convicted of or pleading guilty to a violation of section 306.111 or 306.112 shall be granted a suspended imposition of sentence, unless such person is placed on probation for a minimum of two years and a record of the conviction or plea of guilty is entered into the records of the Missouri uniform law enforcement system maintained by the Missouri state highway patrol.

2. Chemical tests of a person's blood, breath, urine, or saliva to be considered valid under the provisions of sections 306.111 to 306.119 shall be performed according to methods and devices approved by the department of health and senior services by licensed medical personnel or by a person possessing a valid permit issued by the department of health and senior services for this purpose. In addition, any state, county, or municipal law enforcement officer who is certified pursuant to chapter 590 may, prior to arrest, administer a portable chemical test to any person suspected of operating any vessel in violation of section 306.111 or 306.112. A portable chemical test shall be admissible as evidence of probable cause to arrest and as exculpatory evidence, but shall not be admissible as evidence of blood alcohol content. The provisions of section 306.116 shall not apply to a test administered prior to arrest pursuant to this section.

3. The department of health and senior services shall approve satisfactory techniques, devices, equipment, or methods to conduct tests required by sections 306.111 to 306.119, and shall establish standards as to the qualifications and competence of individuals to conduct analyses and to issue permits which shall be subject to termination, suspension or revocation by the department of health and senior services.

4. A licensed physician, registered nurse, or trained medical technician, acting at the request and direction of a law enforcement officer, shall withdraw blood for the purpose of determining the alcohol content of the blood, unless the medical personnel, in the exercise of good faith medical judgment, believes such procedure would endanger the life or health of the person in custody. Blood may be withdrawn only by such medical personnel, but such restriction shall not apply to the taking of a breath test or a urine or saliva specimen. In withdrawing blood for the purpose of determining the alcohol content in the blood, only a previously unused and sterile needle and sterile vessel shall be used and the withdrawal shall otherwise be in strict accord with accepted medical practices. Upon the request of the person who is tested, full information concerning the test taken at the direction of the law enforcement officer shall be made available to such person.

5. No person who administers any test pursuant to the provisions of sections 306.111 to 306.119 upon the request of a law enforcement officer, no hospital in or with which such person is employed or is otherwise associated or in which such test is administered, and no other person, firm, or corporation by whom or with which such person is employed or is in any way associated shall be civilly liable for damages to the person tested, except for negligence in administering of the test or for willful and wanton acts or omissions.

6. Any person who is dead, unconscious or who is otherwise in a condition rendering such person incapable of refusing to take a test as provided in sections 306.111 to 306.119 shall be deemed not to have withdrawn the consent provided by section 306.116 and the test or tests may be administered.

(L. 1993 S.B. 167, A.L. 2004 H.B. 841, A.L. 2005 H.B. 353, A.L. 2008 H.B. 1715)



Parasailing, requirements, prohibited, when.

306.115. 1. No person shall engage in the activity of parasailing unless there is in the watercraft a person of at least twelve years of age, in addition to the operator, in a position to observe the progress of the person or persons being towed.

2. No person shall engage in the activity of parasailing during the time between sunset and sunrise.

(L. 1989 S.B. 135)

Effective 5-25-89



Operation of vessel deemed consent to chemical tests, when--limitation--procedure--information available.

306.116. 1. Any person who operates a vessel upon the Mississippi River, Missouri River or the lakes of this state shall be deemed to have given consent to, subject to the provisions of sections 306.111 to 306.119, a chemical test or tests of such person's breath, blood, urine, or saliva for the purpose of determining the alcohol or drug content of such person's blood if arrested for any offense arising out of acts which the arresting law enforcement officer had reasonable grounds to believe were committed while the person was operating a vessel upon the Mississippi River, Missouri River or lakes of this state in violation of section 306.111 or 306.112. The test shall be administered at the direction of the arresting law enforcement officer whenever the person has been arrested for the offense.

2. The implied consent to submit to the chemical tests listed in subsection 1 of this section shall be limited to not more than two such tests arising from the same arrest, incident, or charge.

3. The person tested may have a physician, or a qualified technician, chemist, registered nurse, or other qualified person of such person's choosing and at such person's expense administer a test in addition to any administered at the direction of a law enforcement officer. The failure or inability to obtain an additional test by a person shall not preclude the admission of evidence relating to the test taken at the direction of a law enforcement officer.

4. Upon the request of the person who is tested, full information concerning the test shall be made available to such person.

(L. 1993 S.B. 167, A.L. 2005 H.B. 353)



Admissibility of results of chemical tests--presumption of intoxication.

306.117. 1. Upon the trial of any person for violation of any of the provisions of section 306.111 or 306.112 the amount of alcohol or drugs in the person's blood at the time of the act alleged as shown by any chemical analysis of the person's blood, breath, urine, or saliva is admissible in evidence and the provisions of subdivision (5) of section 491.060 shall not prevent the admissibility or introduction of such evidence if otherwise admissible. Evidence of alcohol in a person's blood shall be given the following effect:

(1) If there was five-hundredths of one percent or less by weight of alcohol in such person's blood, it shall be presumed that the person was not intoxicated at the time the specimen was obtained;

(2) If there was in excess of five-hundredths of one percent but less than eight-hundredths of one percent by weight of alcohol in such person's blood, the fact shall not give rise to any presumption that the person was or was not intoxicated, but the fact may be considered with other competent evidence in determining whether the person was intoxicated;

(3) If there was eight-hundredths of one percent or more by weight of alcohol in the person's blood, this shall be prima facie evidence that the person was intoxicated at the time the specimen was taken.

2. Percent by weight of alcohol in the blood shall be based upon grams of alcohol per one hundred milliliters of blood.

3. A chemical analysis of a person's breath, blood, urine, or saliva, in order to give rise to the presumption or to have the effect provided for in subsection 1 of this section, shall have been performed as provided in sections 306.111 to 306.119 and in accordance with methods and standards approved by the department of health and senior services.

4. The provisions of this section shall not be construed as limiting the introduction of any other competent evidence bearing upon the question whether the person was intoxicated or under the influence of a controlled substance, or drug, or a combination of either or both with or without alcohol.

(L. 1993 S.B. 167, A.L. 2005 H.B. 353, A.L. 2008 H.B. 1715)



Aggravated, chronic, persistent, and prior offenders--enhanced penalties--procedures.

306.118. 1. For purposes of this section, unless the context clearly indicates otherwise, the following terms mean:

(1) "Aggravated offender", a person who:

(a) Has pleaded guilty to or has been found guilty of three or more intoxication-related boating offenses; or

(b) Has pleaded guilty to or has been found guilty of one or more intoxication-related boating offenses and any of the following: involuntary manslaughter under subsection 3 of section 306.111; assault with a vessel in the second degree under subsection 4 of section 306.111, or assault of a law enforcement officer in the second degree under subdivision (4) of subsection 1 of section 565.082;

(2) "Chronic offender":

(a) A person who has pleaded guilty to or has been found guilty of four or more intoxication-related boating offenses; or

(b) A person who has pleaded guilty to or has been found guilty of, on two or more separate occasions, any combination of the following: involuntary manslaughter under subsection 3 of section 306.111; assault with a vessel in the second degree under subsection 4 of section 306.111; or assault of a law enforcement officer in the second degree under subdivision (4) of subsection 1 of section 565.082; or

(c) A person who has pleaded guilty to or has been found guilty of two or more intoxication-related boating offenses and any of the following: involuntary manslaughter under subsection 3 of section 306.111; assault with a vessel in the second degree under subsection 4 of section 306.111; or assault of a law enforcement officer in the second degree under subdivision (4) of subsection 1 of section 565.082;

(3) "Intoxication-related boating offense", operating a vessel while intoxicated under subsection 2 of section 306.111; operating a vessel with excessive blood alcohol content under section 306.112; involuntary manslaughter under subsection 3 of section 306.111; assault with a vessel in the second degree under subsection 4 of section 306.111; any violation of subsection 2 of section 306.110; or assault of a law enforcement officer in the second degree under subdivision (4) of subsection 1 of section 565.082;

(4) "Persistent offender", one of the following:

(a) A person who has pleaded guilty to or has been found guilty of two or more intoxication-related boating offenses;

(b) A person who has pleaded guilty to or has been found guilty of involuntary manslaughter under subsection 3 of section 306.111, assault in the second degree under subsection 4 of section 306.111, assault of a law enforcement officer in the second degree under subdivision (4) of subsection 1 of section 565.082;

(5) "Prior offender", a person who has pleaded guilty to or has been found guilty of one intoxication-related boating offense, where such prior offense occurred within five years of the occurrence of the intoxication-related boating offense for which the person is charged.

2. Any person who pleads guilty to or is found guilty of a violation of subsection 2 of section 306.110, section 306.111, or section 306.112, who is alleged and proved to be a prior offender shall be guilty of a class A misdemeanor.

3. Any person who pleads guilty to or is found guilty of a violation of subsection 2 of section 306.110, section 306.111, or section 306.112, who is alleged and proved to be a persistent offender shall be guilty of a class D felony.

4. Any person who pleads guilty to or is found guilty of a violation of subsection 2 of section 306.110, section 306.111, or section 306.112, who is alleged and proved to be an aggravated offender shall be guilty of a class C felony.

5. Any person who pleads guilty to or is found guilty of a violation of subsection 2 of section 306.110, section 306.111, or section 306.112 who is alleged and proved to be a chronic offender shall be guilty of a class B felony.

6. No state, county, or municipal court shall suspend the imposition of sentence as to a prior offender, persistent offender, aggravated offender, or chronic offender under this section, nor sentence such person to pay a fine in lieu of a term of imprisonment, notwithstanding the provisions of section 557.011 to the contrary notwithstanding. No prior offender shall be eligible for parole or probation until he or she has served a minimum of five days imprisonment, unless as a condition of such parole or probation such person performs at least thirty days of community service under the supervision of the court in those jurisdictions which have a recognized program for community service. No persistent offender shall be eligible for parole or probation until he or she has served a minimum of ten days imprisonment, unless as a condition of such parole or probation such person performs at least sixty days of community service under the supervision of the court. No aggravated offender shall be eligible for parole or probation until he or she has served a minimum of sixty days imprisonment. No chronic offender shall be eligible for parole or probation until he or she has served a minimum of two years imprisonment.

7. The state, county, or municipal court shall find the defendant to be a prior offender, persistent offender, aggravated offender, or chronic offender if:

(1) The indictment or information, original or amended, or the information in lieu of an indictment pleads all essential facts warranting a finding that the defendant is a prior offender, persistent offender, aggravated offender, or chronic offender; and

(2) Evidence is introduced that establishes sufficient facts pleaded to warrant a finding beyond a reasonable doubt the defendant is a prior offender, persistent offender, aggravated offender, or chronic offender; and

(3) The court makes findings of fact that warrant a finding beyond a reasonable doubt by the court that the defendant is a prior offender, persistent offender, aggravated offender, or chronic offender.

8. In a jury trial, the facts shall be pleaded, established and found prior to submission to the jury outside of its hearing.

9. In a trial without a jury or upon a plea of guilty, the court may defer the proof in findings of such facts to a later time, but prior to sentencing.

10. The defendant shall be accorded full rights of confrontation and cross-examination, with the opportunity to present evidence, at such hearings.

11. The defendant may waive proof of the facts alleged.

12. Nothing in this section shall prevent the use of presentence investigations or commitments.

13. At the sentencing hearing both the state, county, or municipality and the defendant shall be permitted to present additional information bearing on the issue of sentence.

14. The pleas or findings of guilt* shall be prior to the date of commission of the present offense.

15. The court shall not instruct the jury as to the range of punishment or allow the jury, upon a finding of guilt*, to assess and declare the punishment as part of its verdict in cases of prior offenders, persistent offenders, aggravated offenders, or chronic offenders.

(L. 2008 H.B. 1715)

*Word "guilty" appears in original rolls.



Notification of right of refusal--refusal, effect, admissibility.

306.119. 1. If an arresting officer requests a person under arrest to submit to a chemical test, such request shall include the reasons of the officer for requesting the person to submit to a test and shall inform the person that he or she may refuse such request but that such person's refusal may be used as evidence against him or her. If a person refuses a test as provided in this subsection, no test shall be given.

2. If a person refuses to submit to a chemical test of such person's breath, blood, urine, or saliva and that person stands trial for the crimes provided in section 306.111 or 306.112, such refusal may be admissible into evidence at the trial.

(L. 1993 S.B. 167, A.L. 2005 H.B. 353)



Towing persons on skis or surfboard, regulations.

306.120. 1. No person shall operate a vessel on any waters of this state for towing a person or persons on water skis, or a surfboard, or similar device unless there is in the vessel a person, in addition to the operator, in a position to observe the progress of the person or persons being towed, unless such vessel is equipped with a ski mirror as approved by the division of water safety.

2. No person shall operate a vessel on any waters of this state towing a person or persons on water skis, a surfboard, or similar device, nor shall any person engage in water skiing, surfboarding, or similar activity during the time between sunset and sunrise.

3. The provisions of subsections 1 and 2 of this section do not apply to a performer engaged in a professional exhibition or a person or persons engaged in an activity authorized under section 306.130.

4. No person shall operate or manipulate any vessel, tow rope or other device by which the direction or location of water skis, a surfboard, or similar device may be affected or controlled in a way to cause the water skis, surfboard, or similar device, or any person thereon to collide with or strike against any object or person.

(L. 1959 S.B. 142 12, A.L. 1969 S.B. 194)



Motorboat or vessel operator, minimum age, exceptions, penalty.

306.122. No person under fourteen years of age shall operate any motorboat or vessel upon the waters of this state unless such person is under the direct on-board supervision of a parent, guardian or other person sixteen years of age or older, or unless the motorboat is moored. No person shall authorize or knowingly permit a motorboat owned by such person or under the person's control to be operated on the waters of this state in violation of this section, nor shall a parent or guardian authorize or knowingly permit such a child, under fourteen years of age, to operate a motorboat in violation of this section.

(L. 1969 S.B. 194 2, A.L. 1995 H.B. 217, A.L. 1997 H.B. 379)

Effective 6-24-97

CROSS REFERENCE:

Penalty provisions for violations of this section, 306.210



Aids to navigation and regulatory markers defined--water patrol may mark waters, hearing, notice--markings, effect of--disaster, closing of certain waters--violation, penalty.

306.124. 1. (1) "Aids to navigation" means buoys, beacons or other fixed objects in the water which are used to mark obstructions to navigation or to direct navigation through safe channels.

(2) "Regulatory markers" means any anchored or fixed markers in or on the water or signs on the shore or on bridges over the water other than aids to navigation and shall include but not be limited to bathing markers, speed zone markers, information markers, danger zone markers, boat keep-out areas, and mooring buoys.

2. The water patrol division after a public hearing pursuant to notice thereof published not less than ten days prior thereto in each county to be affected may provide for the uniform marking of the water areas in this state through the placement of aids to navigation and regulatory markers. The water patrol division shall establish a marking system compatible with the system of aids to navigation prescribed by the United States Coast Guard. No city, county, or person shall mark or obstruct the water of this state in any manner so as to endanger the operation of watercraft or conflict with the marking system prescribed by the water patrol division.

3. Whenever, due to any actual or imminent man-made or natural disaster, the navigation or use of any waters of this state presents an unreasonable danger to persons or property, the water patrol division may, with the consent of the director of the department of public safety, close such waters.

4. The operation of any watercraft within prohibited areas that are marked shall be prima facie evidence of negligent operation.

5. It shall be unlawful for any person to operate a watercraft on the waters of this state in a manner other than that prescribed or permitted by regulatory markers.

6. No person shall moor or fasten a watercraft to or willfully damage, tamper, remove, obstruct, or interfere with any aid to navigation or regulatory marker established pursuant to sections 306.010 to 306.126.

(L. 1969 S.B. 194 3, A.L. 1985 H.B. 280, et al., A.L. 1989 S.B. 135, A.L. 2002 S.B. 712, A.L. 2008 H.B. 1715)



Operation of watercraft, how--restricted areas, certain vessels, speed allowed--exceptions--penalty.

306.125. 1. Every person shall operate a motorboat, vessel or watercraft in a careful and prudent manner and at a rate of speed so as not to endanger the property of another or the life or limb of any person and shall exercise the highest degree of care.

2. No person shall operate a motorboat, vessel or watercraft at any time from a half-hour after sunset until an hour before sunrise the following day at a speed exceeding thirty miles per hour.

3. Vessels shall not be operated within one hundred feet of any dock, pier, occupied anchored boat or buoyed restricted area on any lake at a speed in excess of slow-no wake speed.

4. Subsection 1 of this section shall not apply to a motorboat or other boat race authorized under section 306.130.

(L. 1989 S.B. 135, A.L. 1995 H.B. 217, A.L. 1997 H.B. 379, A.L. 2008 H.B. 1715)

CROSS REFERENCE:

Penalty provisions for violations of this section, 306.210



Motorboats, regulations as to passenger seating while under way--person in water, flag required, when--slow speed required, when--penalty.

306.126. 1. The operator of a motorboat shall not allow any person to ride or sit on the gunwales, decking over the bow, railing, top of seat back or decking over the back of the motorboat while under way, unless such person is inboard of adequate guards or railing provided on the motorboat to prevent a passenger from being lost overboard. As used in this section, the term "adequate guards or railing" means guards or railings having a height parameter of at least six inches but not more than eighteen inches. Nothing in this section shall be construed to mean that passengers or other persons aboard a motorboat cannot occupy the decking over the bow of the boat to moor it to a mooring buoy or to cast off from such a buoy, or for any other necessary purpose. The provisions of this section shall not apply to vessels propelled by sail.

2. Whenever any person leaves any watercraft, other than a personal watercraft, on the waters of the Mississippi River, the waters of the Missouri River or the lakes of this state and enters the water between the hours of 11:00 a.m. and sunset, the operator of such watercraft shall display on the watercraft a red or orange flag measuring not less than twelve inches by twelve inches. The provisions of this subsection shall not apply to watercraft that is moored or anchored. The flag required by this subsection shall be visible for three hundred sixty degrees around the horizon when displayed and shall be displayed only when an occupant of the watercraft has left the confines of the watercraft and entered the water. The flag required by this subsection shall not be displayed when the watercraft is engaged in towing any person, but shall be displayed when such person has ceased being towed and has reentered the water.

3. No operator shall knowingly operate any watercraft within fifty yards of a flag required by subsection 2 of this section at a speed in excess of a slow-no wake speed.

(L. 1969 S.B. 194 4, A.L. 1989 S.B. 135, A.L. 1995 H.B. 217, A.L. 1997 H.B. 379)

Effective 6-24-97

CROSS REFERENCE:

Penalty provisions for violations of this section, 306.210



Boating safety identification card required, when, requirements, fee--inapplicable, when--temporary boater safety identification card issued to nonresidents, when, rules, fee authorized, expiration date.

306.127. 1. Beginning January 1, 2005, every person born after January 1, 1984, or as required pursuant to section 306.128, who operates a vessel on the lakes of this state shall possess, on the vessel, a boating safety identification card issued by the water patrol division or its agent which shows that he or she has:

(1) Successfully completed a boating safety course approved by the National Association of State Boating Law Administrators and certified by the water patrol division. The boating safety course may include a course sponsored by the United States Coast Guard Auxiliary or the United States Power Squadron. The water patrol division may appoint agents to administer a boater education course or course equivalency examination and issue boater identification cards under guidelines established by the water patrol. The water patrol division shall maintain a list of approved courses; or

(2) Successfully passed an equivalency examination prepared by the water patrol division and administered by the water patrol division or its agent. The equivalency examination shall have a degree of difficulty equal to, or greater than, that of the examinations given at the conclusion of an approved boating safety course; or

(3) A valid master's, mate's, or operator's license issued by the United States Coast Guard.

2. The water patrol division or its agent shall issue a permanent boating safety identification card to each person who complies with the requirements of this section which is valid for life unless invalidated pursuant to law.

3. The water patrol division may charge a fee for such card or any replacement card that does not substantially exceed the costs of administrating this section. The water patrol division or its designated agent shall collect such fees. These funds shall be forwarded to general revenue.

4. The provisions of this section shall not apply to any person who:

(1) Is licensed by the United States Coast Guard to serve as master of a vessel;

(2) Operates a vessel only on a private lake or pond that is not classified as waters of the state;

(3) Until January 1, 2006, is a nonresident who is visiting the state for sixty days or less;

(4) Is participating in an event or regatta approved by the water patrol;

(5) Is a nonresident who has proof of a valid boating certificate or license issued by another state if the boating course is approved by the National Association of State Boating Law Administrators (NASBLA);

(6) Is exempted by rule of the water patrol;

(7) Is currently serving in any branch of the United States Armed Forces, reserves, or Missouri National Guard, or any spouse of a person currently in such service; or

(8) Has previously successfully completed a boating safety education course approved by the National Association of State Boating Law Administrators (NASBLA).

5. The water patrol division shall inform other states of the requirements of this section.

6. No individual shall be detained or stopped strictly for the purpose of checking whether the individual possesses a boating safety identification card or a temporary boater education permit.

*7. Any person or company that rents or sells vessels may issue a temporary boating safety identification card to a nonresident of the state to operate a rented vessel or a vessel being considered for sale, for a period of up to seven days, provided that the individual meets the minimum age requirements for operating a vessel in this state. In order to qualify for the temporary boating safety identification card, the applicant shall provide a valid driver's license establishing that the applicant is a nonresident and shall sign an affidavit that he or she has reviewed the Missouri state highway patrol handbook of Missouri boating laws and responsibilities. Any nonresident holding a valid temporary boating safety identification card shall be deemed in compliance with the requirements of this section. The Missouri state highway patrol shall charge a fee of nine dollars for such temporary boating safety identification card. Nonresidents shall not be eligible for more than one temporary boating safety identification card. No person or company may issue a temporary boating safety identification card to a nonresident under the provisions of this subsection unless such person or company is capable of submitting the applicant's temporary boating safety identification card information and payment in an electronic format as prescribed by the Missouri state highway patrol. The business entity issuing a temporary boating safety identification card to a nonresident under the provisions of this subsection shall transmit the applicant's temporary boating safety identification card information electronically to the Missouri state highway patrol, in a manner and format prescribed by the superintendent, using an electronic online registration process developed and provided by the Missouri state highway patrol. The electronic online process developed and provided by the Missouri state highway patrol shall allow the applicant to pay the temporary boating safety identification card fee by credit card or debit card. Notwithstanding any provision in section 306.185 to the contrary, all fees collected under the authority of this subsection shall be deposited in the water patrol division fund. The Missouri state highway patrol shall promulgate rules for developing the temporary boating safety identification card and any requirements necessary to the issuance, processing, and payment of the temporary boating safety identification card. The Missouri state highway patrol shall, by rule, develop a boating safety checklist for each applicant seeking a temporary boating safety identification card. The provisions of this subsection shall expire on December 31, 2022.

(L. 2003 S.B. 1, A.L. 2004 S.B. 1259, A.L. 2012 H.B. 1402 merged with S.B. 568 merged with S.B. 719)

Effective 7-10-12 (H.B. 1402)

7-12-12 (S.B. 568)

7-12-12 (S.B. 719)

*Subsection 7 expires 12-31-22



Boating offenses, offender requirements.

306.128. Beginning January 1, 2005, any person convicted of an offense pursuant to section 306.110, 306.111, 306.112, 306.127, 306.132, or 306.141 shall:

(1) Enroll in and successfully complete, at his or her own expense, a boating safety education course that meets minimum standards established by the water patrol by rule;

(2) File with the court proof of successful completion of such course and submit a certified copy to the water patrol; and

(3) Not operate a vessel until such filing.

(L. 2003 S.B. 1)



Rulemaking authority.

306.129. 1. The water patrol division is authorized to promulgate such rules as are necessary to effectuate the provisions of sections 306.127 and 306.128.

2. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2003, shall be invalid and void.

(L. 2003 S.B. 1)



Regattas, races and other activities, authorization, regulation of.

306.130. 1. The water patrol division shall authorize the holding of regattas, motorboat or other watercraft races, marine parades, tournaments, parasail operations or exhibitions on any waters of this state when it has determined that said event will not create conditions of excessive danger for the participants, observers or operators of other watercraft nor unduly disrupt navigation. It shall adopt and may, from time to time, amend regulations concerning the safety of motorboats and other watercraft and persons thereon, either observers or participants. Whenever a regatta, motorboat or other watercraft race, marine parade, tournament, parasail operation or exhibition is proposed to be held, the person in charge thereof shall, at least fifteen days prior thereto, file an application with the water patrol division for permission to hold the regatta, motorboat or other watercraft race, marine parade, tournament, parasail operation or exhibition, and it shall not be conducted without authorization of the water patrol division in writing.

2. The provisions of this section shall not exempt any person from compliance with applicable federal law or regulation, but nothing contained herein shall be construed to require the securing of a state permit pursuant to this section if a permit therefor has been obtained from an authorized agency of the United States.

(L. 1959 S.B. 142 13, A.L. 1985 H.B. 280, et al., A.L. 1989 S.B. 135)

Effective 5-25-89



Watercraft to stop on signal of water patrol or emergency watercraft, when--authorized speed near emergency watercraft--penalty.

306.132. 1. Any person operating a watercraft on the waters of this state shall stop such watercraft upon a signal of any member of the water patrol division and obey any other reasonable signal or direction of such member of the water patrol division given in directing the movement of traffic on the waters of this state.

2. Any person operating a watercraft upon the waters of this state shall immediately stop or position such watercraft in such a way as to give the right-of-way on the water to any emergency watercraft, as established by the water patrol division, when such emergency watercraft gives an audible signal by siren or gives a visible signal by having at least one lighted lamp exhibiting a red or blue light visible under normal atmospheric conditions from a distance of five hundred feet to the front of such emergency watercraft.

3. Vessels shall not be operated at a speed in excess of slow no-wake speed within one hundred feet of any emergency vessel that has red or blue lighting displayed.

4. Any person who violates the provisions of this section is guilty of a class C misdemeanor.

(L. 1989 S.B. 135, A.L. 2008 H.B. 1715)



Accident or collision, duties of operator--report required, when.

306.140. 1. It shall be the duty of the operator of a watercraft involved in a collision, accident, or other casualty, so far as the operator can do so without serious danger to the operator's watercraft, crew and passengers, to render to other persons affected by the collision, accident, or other casualty assistance as may be practicable and as may be necessary in order to save them from or minimize any danger caused by the collision, accident, or other casualty, and also to give his or her name, address, and identification of his or her watercraft in writing to any person injured and to the owner of any property damaged in the collision, accident, or other casualty.

2. In the case of collision, accident, or other casualty involving a watercraft, the operator thereof, if the collision, accident, or other casualty results in death or injury to a person or damage to property in excess of five hundred dollars, shall file with the water patrol division a full description of the collision, accident, or other casualty, including such information as the patrol may, by regulation, require.

(L. 1959 S.B. 142 10, A.L. 1985 H.B. 280, et al., A.L. 1989 S.B. 135, A.L. 2005 H.B. 353)



Leaving scene of vessel accident, penalty.

306.141. 1. A person commits the crime of leaving the scene of a vessel accident if:

(1) The person is an operator of a vessel on a waterway;

(2) The person knows that an injury was caused to another person or to the property of another person, due to the person's action, whether purposefully, negligently or accidentally; and

(3) The person leaves the place of the injury, damage, or accident without stopping and giving the following information to the other party or to a water patrol officer or other law enforcement officer or, if no officer is in the vicinity, then without delay to the nearest police station or judicial officer:

(a) The operator's name;

(b) The operator's residence, including city and street number;

(c) The vessel registration number; and

(d) The operator's license number for any license issued under chapter 302.

2. Leaving the scene of a vessel accident is a class A misdemeanor, unless:

(1) The defendant has previously pled guilty to, or been found guilty of, a violation of this section; or

(2) The accident resulted in physical injury to another person. In which cases, leaving the scene of a vessel accident is a class D felony.

(L. 1995 H.B. 217)



Personal watercraft, regulations--personal flotation devices--age restriction--reasonable and prudent operation--exceptions.

306.142. 1. No person shall operate a personal watercraft unless each person aboard is wearing a type I, type II, type III or type V personal flotation device approved by the United States Coast Guard.

2. A person operating a personal watercraft equipped by the manufacturer with a lanyard-type engine cutoff switch shall attach such lanyard to the person's body, clothing, or personal flotation device as appropriate for the specific vessel.

3. No person under fourteen years of age shall operate a personal watercraft on the waters of this state, except that a person under fourteen years of age may operate a personal watercraft if a person at least sixteen years of age is aboard the personal watercraft.

4. Every personal watercraft shall at all times be operated in a reasonable and prudent manner. Maneuvers which unreasonably or unnecessarily endanger life, limb or property, including, but not limited to, weaving through congested vessel traffic, jumping the wake of another vessel when visibility around such vessel is obstructed, becoming airborne or completely leaving the water while crossing the wake of another vessel within one hundred feet of the vessel creating the wake, operating at a speed in excess of a slow-no wake speed within fifty feet of any vessel or any person in or on the water, and operating at such a speed and proximity to another vessel so as to require the operator to swerve to avoid collision, shall constitute unsafe or reckless operation of a personal watercraft. No person shall operate a personal watercraft on any waters of this state for towing a person or persons on water skis, or a surfboard, or similar device unless there is a person on the personal watercraft, in addition to the operator, or an approved ski mirror attached to the personal watercraft, in a position to observe the progress of the person or persons being towed.

5. No person who owns a personal watercraft or who has charge over or control of a personal watercraft shall authorize or knowingly permit the personal watercraft to be operated in violation of this section, nor shall a parent or guardian authorize or knowingly permit a child of such parent or guardian to operate a personal watercraft in violation of this section.

6. The provisions of this section shall not apply to a person participating in a regatta, race, marine parade, tournament, or exhibition for which a permit has been issued by the water patrol division.

(L. 1995 H.B. 217, A.L. 1997 H.B. 379)

Effective 6-24-97

CROSS REFERENCE:

Penalty provisions for violations of this section, 306.210



Muffler, defined--noise level regulation, muffler system required, certification of manufacturer--exceptions--on-site test to measure noise levels, penalty--application of section.

306.147. 1. As used in this section, the term "muffler" means a sound suppression device or system designed and installed to abate the sound of exhaust gases emitted from an internal combustion engine and which prevents excessive or unusual noise.

2. Effective January 1, 1996, a person shall not manufacture, sell or offer for sale or operate in this state any motorboat manufactured after that date that exceeds the noise level of 90dB(A) when subjected to a stationary sound level test as prescribed by SAE J2005. All motorboats manufactured prior to January 1, 1996, shall not exceed eighty-six decibels on an A-weighted scale when subjected to a sound level test as prescribed by SAE J34 when measured from a distance of fifty or more feet from the motorboat.

3. No person shall remove, alter or otherwise modify in any way a muffler or muffler system in a manner which will prevent it from being operated in accordance with this section. Nothing in this section shall preclude a person from removing, altering or modifying a muffler or muffler system so long as the muffler or muffler system continues to comply with subsection 2 of this section. This section shall not be construed so as to prohibit the use of any exhaust system or device, including but not limited to those not discharging water with exhaust gases, so long as the device or system is in compliance with subsection 2 of this section.

4. No motorboat shall be equipped with any electrical or mechanical device or switch that when manipulated in any manner would allow the muffler or exhaust system to emit a noise level that exceeds the maximums in subsection 2 of this section.

5. Effective January 1, 1996, a person shall not manufacture, nor shall any person sell or offer for sale any motorboat which is manufactured after January 1, 1996, which is equipped with a muffler or muffler system which does not comply with this section. The subsection shall not apply to power vessels designed, manufactured and sold for the sole purpose of competing in racing events and for no other purpose. Any such exemption or exception shall be documented in every sale agreement and shall be formally acknowledged by signature on the part of both the buyer and the seller. Copies of such agreement shall be maintained by both parties. A copy of such agreement shall be kept on board whenever the motorboat is operated. Any motorboat sold under this exemption may only be operated on the waters of this state in accordance with subsection 7 of this section.

6. As of January 1, 1996, every manufacturer which delivers a new motorboat for sale in this state shall certify, if the purchaser or dealer makes a request in writing, that the decibel level of the motorboat engine, muffler and exhaust system, as delivered to any licensed dealer in this state, does not exceed the noise level of 90dB(A) when subjected to a stationary sound level test as prescribed by SAE J2005. Such certificate of decibel level from the manufacturer shall be given by the dealer to the purchaser of the new motorboat if the motorboat is sold for use upon the waters of this state. The purchaser shall sign a statement acknowledging receipt of the certificate of decibel level which shall be supplied by the dealer. The dealer shall represent by affidavit whether or not the engine or muffler system of the new motorboat being sold has been altered or modified in any way.

7. The provisions of this section shall not apply to motorboats registered and actually participating in a racing event or tune-up periods for such racing events or to a motorboat being operated by a boat or engine manufacturer for the purpose of testing or development. The operator of any motorboat operated upon the waters of this state for the purpose of a tune-up for a sanctioned race or for testing or development by a boat or engine manufacturer shall at all times have in such operator's possession and produce on demand by a law enforcement officer a test permit issued by the water patrol division. For the purpose of races or racing events, such race shall only be sanctioned when conducted in accordance with and approved by the United States Coast Guard or this state.

8. Any officer authorized to enforce the provisions of this section who has probable cause to believe that a motorboat is not in compliance with the noise levels established in this section may direct the operator of such motorboat to submit the motorboat to an on-site test to measure noise levels, with the officer on board if such officer chooses, and the operator shall comply with such request. The owner of any motorboat which violates any provision of this section shall have sixty days from the date of the violation to bring the motorboat into compliance with the provisions of this section. Thereafter, it shall be the owner's responsibility to have the motorboat tested by the water patrol division. If the motorboat fails the water patrol division test, the owner shall immediately moor the motorboat and shall keep the motorboat moored until the water patrol division certifies that the motorboat is in compliance with the provisions of this section. Any person who fails to comply with a request or direction of an officer made pursuant to this subsection is guilty of a class C misdemeanor. Nothing in this subsection shall be construed to limit the officer's ability to enforce this section and to issue citations to the owner or operator of any motorboat during the sixty-day compliance period.

9. Any officer who conducts motorboat sound level tests as provided in this section shall be qualified in motorboat noise testing by the department of public safety. Such qualifications shall include but may not be limited to the selection of the measurement site, and the calibration and use of noise testing equipment in accordance with the testing procedure prescribed by SAE J2005 and SAE J34.

10. Unless otherwise indicated, any person who knowingly violates this section is guilty of an infraction for a first offense with a penalty not to exceed one hundred dollars, is guilty of an infraction for a second offense with a penalty not to exceed two hundred dollars, and is guilty of an infraction for a third or subsequent offense with a penalty not to exceed three hundred dollars.

11. This section shall not apply to motorboats not intended for use in this state.

(L. 1995 H.B. 217, A.L. 1997 H.B. 379, A.L. 2005 H.B. 353, A.L. 2008 H.B. 1715)



Watercraft livery--records--equipment to be furnished.

306.150. 1. The owner or operator of a watercraft livery shall cause a record to be kept of the name and address of the person or persons hiring any watercraft which is designed or permitted by the owner to be operated as a watercraft, the identification number of vessels hired, the departure date and time, and the expected time of return. The record shall be preserved for at least six months and shall be available for inspection upon request by any law enforcement officer of this state.

2. Neither the owner of a watercraft livery, nor the owner's agent or employee shall permit any watercraft to depart from the owner's premises unless the watercraft has been equipped, either by the owner or the renter, with the equipment required pursuant to section 306.100 or any rules or regulations made pursuant to such section.

(L. 1959 S.B. 142 6, A.L. 1985 H.B. 280, et al., A.L. 1995 H.B. 217)

CROSS REFERENCE:

Penalty provisions for violations of this section, 306.210



Water patrol officer, powers, duties and jurisdiction of.

306.165. Each patrol officer assigned to the water patrol division by the superintendent of the highway patrol as provided in section 43.390 shall possess all the powers of a peace officer to enforce all laws of this state, upon all of the following:

(1) The waterways of this state bordering the lands set forth in subdivisions (2), (3), (4), and (5) of this section;

(2) All federal land, where not prohibited by federal law or regulation, and state land adjoining the waterways of this state;

(3) All land within three hundred feet of the areas in subdivision (2) of this section;

(4) All land adjoining and within six hundred feet of any waters impounded in areas not covered in subdivision (2) with a shoreline in excess of four miles;

(5) All land adjoining and within six hundred feet of the rivers and streams of this state;

(6) Any other jurisdictional area, pursuant to the provisions of section 306.167;

(7) All premises leased or owned or under control of the Missouri state highway patrol.

Each patrol officer assigned to the water patrol division may board any watercraft at any time, with probable cause, for the purpose of making any inspection necessary to determine compliance with the provisions of this chapter. Each patrol officer may arrest on view and without a warrant any person he or she sees violating or who such patrol officer has reasonable grounds to believe has violated any law of this state, upon any water or land area subject to his or her jurisdiction as provided in this section or may arrest anyone violating any law in his or her presence throughout the state. Each patrol officer, while investigating an accident or crime that was originally committed within such patrol officer's jurisdiction, as set forth in this section, may arrest any person who he or she has probable cause to believe has committed such crime, even if the suspect is currently out of the division of water patrol's jurisdiction. Patrol officers, if practicable, shall notify the sheriff or the police department prior to making an arrest within their respective county or city. Each patrol officer shall comply with the training and certification provisions of chapter 590.

(L. 1963 p. 424 1, A.L. 1971 S.B. 2, A.L. 1977 S.B. 194, A.L. 1985 H.B. 280, et al., A.L. 1989 S.B. 135, A.L. 2001 H.B. 732 merged with S.B. 443, A.L. 2004 S.B. 920, A.L. 2010 H.B. 1868)

CROSS REFERENCE:

Scholarships or grants for disabled personnel injured or survivors of personnel killed in the line of duty, 173.260



Powers of peace officer when working in cooperation with other law enforcement agency.

306.167. The uniformed members of the water patrol division, with the exception of radio personnel, shall have full power and authority as now or hereafter vested by law in peace officers when working with and at the special request of the sheriff of any county, the chief park ranger of any first class county not having a charter form of government and containing a portion of a city with a population exceeding four hundred thousand inhabitants, the chief of police of any city, or the superintendent of the state highway patrol; provided, however, that such power and authority shall be exercised only upon the prior notification of the chief law enforcement officer of each jurisdiction.

(L. 1989 S.B. 135, A.L. 2004 S.B. 920, A.L. 2010 H.B. 1868)



Search warrants, water patrol division may request application for and serve, when.

306.168. In the investigation of an accident or crime that was originally committed within such patrol officer's jurisdiction, as set forth in section 306.165, the members of the water patrol division may request that the prosecuting or circuit attorney apply for, and members of the water patrol division may serve, search warrants anywhere within the state of Missouri, provided the sheriff of the county in which the warrant is to be served, or his designee, shall be notified upon application by the applicant of the search warrant. The sheriff or his designee shall participate in serving the search warrant except for offenses pertaining to boating while intoxicated and the investigation of vessel accidents. Any designee of the sheriff shall be a deputy sheriff or other person certified as a peace officer under chapter 590. The sheriff shall always have a designee available.

(L. 2004 S.B. 920 306.169, A.L. 2010 H.B. 1868)



Accident reports to United States on request.

306.170. 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 water patrol division pursuant to subsection 2 of section 306.140 shall be transmitted to said official or agency of the United States.

(L. 1959 S.B. 142 11, A.L. 1989 S.B. 135)

Effective 5-25-89



Motorboat fund in state treasury, source and use.

306.180. All moneys collected and received by the department of revenue pursuant to this chapter shall be paid into the state treasury and shall, by the state treasurer, be placed in a separate fund to be known as the "Motorboat Fund", which is hereby established. No money shall be paid out of this fund except by appropriation of the general assembly for the purposes of the construction and maintenance of boating facilities, education and instruction in boating safety, the enforcement of this chapter, and to reimburse the counties for expenditures made in the enforcement of this chapter, upon the recommendation of the water patrol division.

(L. 1959 S.B. 142 15, A.L. 1989 S.B. 135)

Effective 5-25-89



Water patrol division fund created, use of proceeds.

306.185. 1. There is hereby created in the state treasury the "Water Patrol Division Fund", which shall consist of money collected under section 306.030. The state treasurer shall be custodian of the fund and shall approve disbursements from the fund in accordance with sections 30.170 and 30.180. Upon appropriation, money in the fund shall be used solely for the expenses of the Missouri state highway patrol, water patrol division, including but not limited to personnel expense, training expense, and equipment expense for the purpose of enforcing the laws of this chapter.

2. Notwithstanding the provisions of section 33.080, any moneys remaining in the fund at the end of the biennium shall not revert to the credit of the general revenue fund.

3. The state treasurer shall invest moneys in the fund in the same manner as other funds are invested. Any interest and moneys earned on such investments shall be credited to the fund.

(L. 2006 S.B. 778, A.L. 2010 H.B. 1868)



Applicability of regulations--local regulations--special local rules prohibited.

306.190. 1. The provisions of this chapter and of other applicable laws of this state shall govern the operation, equipment, numbering and all other matters relating thereto whenever any watercraft shall be operated on the waters of this state, or when any activity regulated by this chapter shall take place thereon; but nothing in this chapter shall be construed to prevent the adoption of any ordinance or local law relating to operation and equipment of watercraft the provisions of which are identical to the provisions of this chapter, amendments thereto or regulations issued thereunder; except that the ordinances or local laws shall be operative only so long as and to the extent that they continue to be identical to provisions of this chapter, amendments thereto or regulations issued thereunder.

2. Any city or subdivision of this state may adopt special rules and regulations with reference to the operation of watercraft on any waters owned by the city or political subdivision.

3. The provisions of this chapter shall not apply to farm ponds not commercially operated for boating purposes.

4. No city or political subdivision of this state shall adopt special rules and regulations with reference to restricting the operation of personal watercraft on waters of this state.

(L. 1959 S.B. 142 14, A.L. 1985 H.B. 280, et al., A.L. 2008 H.B. 1715)



Peace officers to enforce.

306.200. Any peace officer of this state and its subdivisions shall and any agent of the conservation commission may enforce the provisions of this chapter and arrest violators thereof.

(L. 1959 S.B. 142 16)



Penalties for violations.

306.210. Any person who violates any of the provisions of sections 306.015 to 306.060 and 306.090 to 306.150 for which no other penalty is provided is guilty of a class B misdemeanor.

(L. 1959 S.B. 142 17, A.L. 1995 H.B. 217)



Inspections of boats, refusal of or interference with--penalty.

306.215. Any person who refuses or interferes with the inspection of any boat or vessel located upon the waters of this state, when such inspection is conducted for the purpose of determining compliance with the provisions of this chapter, shall be guilty of a class B misdemeanor.

(L. 1985 H.B. 280, et al. 1)

Effective 4-1-86



Scuba diver's marker, flag required--flag described--boats to avoid--penalty.

306.217. 1. Persons engaged in the aquatic sports known as skin or scuba diving shall mark their general location within or under the water with a red flag with a diagonal white bar to be displayed on the water or from a boat or raft in the vicinity of the diver's location. All diving shall be within a fifty-yard radius of said flag. No warning flag shall be placed as to impede the normal flow of motorboat traffic.

2. No boat operator shall knowingly operate within fifty yards of such flag.

3. The water patrol division shall prescribe and define the size and method of locating the warning flag mentioned in subsection 1 of this section.

4. Any person who violates subsection 1 or 2 of this section is guilty of a misdemeanor and, upon conviction, shall be punished as provided by law.

(L. 1972 S.B. 494 1 to 4, A.L. 1989 S.B. 135)

Effective 5-25-89

*Transferred 1985; formerly 306.600



Personal flotation device, who must wear, when, exception, penalty.

306.220. Each person under the age of seven who is on board any watercraft which is on the waters of this state shall wear a personal flotation device which is approved by the United States Coast Guard. Any person who allows a person under the age of seven to be on board any watercraft which is on the waters of this state without wearing a personal flotation device shall be deemed guilty of a class C misdemeanor. This section does not apply when the person under the age of seven is in a part of a watercraft which is fully enclosed, where such enclosure will prevent such person from falling out of or being thrown from the watercraft.

(L. 1989 S.B. 135)

Effective 5-25-89



Position of vessel or person may not obstruct or impede traffic--penalty.

306.221. 1. No person shall operate or otherwise position a vessel or other object or any person in such manner as to obstruct or impede the normal flow of traffic on the waters of this state.

2. Any person who violates subsection 1 of this section is guilty upon the first conviction of a class C misdemeanor and upon the second and any subsequent conviction of a class B misdemeanor.

(L. 1995 H.B. 217 3, A.L. 1997 H.B. 379, A.L. 2008 H.B. 1715)



Certain counties may regulate size and operation of watercraft on lakes, when (Clay and Jackson counties).

306.225. Notwithstanding the provisions of section 306.190, to the contrary, any first class county containing all or part of a city with a population of at least four hundred thousand inhabitants may adopt orders or ordinances regulating the size and operation of watercraft upon lakes constructed or maintained by the United States Army Corps of Engineers within such county. Such orders or ordinances may be more, but shall not be less, stringent than the provisions of this chapter. Any law enforcement officer of such county may enforce the orders or ordinances adopted by the county pursuant to this section.

(L. 1989 S.B. 135 1)

Effective 5-25-89



Definitions.

306.250. As used in sections 306.250 to 306.290 the following words mean:

(1) "Boats", any vessel or watercraft moved by oars, paddles, sails, or other power mechanism, inboard or outboard, or any other vessel or structure floating upon the water whether or not capable of self-locomotion, including but not limited to houseboats, barges and similar floating objects;

(2) "Marine toilets", any toilet on or within any boat.

(L. 1963 p. 424 1)



Boats not to discharge sewage, exception.

306.260. All marine toilets on any boat, operated upon waters of the state, shall be so constructed and operated as to contain all sewage aboard the boat and not to discharge any sewage into the waters directly or indirectly. No boat shall be equipped to permit discharge from or through any marine toilet, or in any other manner, any sewage at any time into waters of the state, and all sewage when removed from any boat shall immediately be placed in an approved septic tank, sanitary lagoon or sewage treatment system. The provisions of sections 306.250 to 306.290 shall not apply to boats engaged in interstate commerce on the Missouri and Mississippi rivers.

(L. 1963 p. 424 2, A.L. 1971 S.B. 123)

Effective 1-1-73



Marine toilets shall have suitable treatment device.

306.270. Any marine toilet located on or within any boat operated on waters of the state shall have securely affixed to the interior discharge opening of the toilet a suitable treatment device in operating condition, constructed and fastened in accordance with regulations of the water pollution board or some other treatment facility or method authorized by regulation of the water pollution board. All sewage passing into or through the marine toilets shall pass solely through the devices.

(L. 1963 p. 424 3)



Inspection of boats.

306.280. All boats located upon waters of this state are subject to inspection by the clean water commission or by a water patrolman during daylight hours for the purpose of determining compliance with the provisions of sections 306.250 to 306.290.

(L. 1963 p. 424 4, A.L. 1971 S.B. 2, A.L. 1989 S.B. 135)

Effective 5-25-89



Penalties for violations.

306.290. Any person guilty of violating any of the provisions of sections 306.250 to 306.290 shall be guilty of a misdemeanor.

(L. 1963 p. 424 5)



Definitions--marine sanitation device required--limitations--civil penalty.

306.300. 1. As used in this section, the following terms shall mean:

(1) "Marine sanitation device", any equipment on board a vessel which is designed to receive, retain, treat or discharge sewage, and any process to treat sewage on board. Marine sanitation device includes:

(a) Type I marine sanitation device, which produces an effluent having a fecal coliform bacteria count of not greater than one thousand per one hundred milliliters and no visible floating solids;

(b) Type II marine sanitation device, which produces an effluent having a fecal coliform bacteria count not greater than two hundred per one hundred milliliters and suspended solids not greater than one hundred fifty milligrams per liter; and

(c) Type III marine sanitation device, which is certified to a no-discharge standard, including recirculating and incinerating marine sanitation devices and holding tanks;

(2) "Sewage", human body wastes, and the wastes from toilets and other receptacles intended to retain body waste;

(3) "Vessel", every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water;

(4) "Y valve", a device capable of diverting the flow of marine sewage so that a vessel's marine sanitation device is bypassed and raw sewage is discharged directly into the water.

2. The following vessels equipped with an installed toilet shall be equipped with an operable marine sanitation device:

(1) A vessel sixty-five feet in length and under shall have a type I, II or III marine sanitation device; or

(2) A vessel over sixty-five feet in length shall have a type II or III marine sanitation device.

3. (1) A type I or II marine sanitation device shall have a certification label affixed that at a minimum shows:

(a) The name of the manufacturer;

(b) The name and model number of the device;

(c) The month and year of manufacture;

(d) The marine sanitation device type;

(e) A certification number; and

(f) A certification statement;

(2) A type III marine sanitation device is automatically certified and requires no label, provided it stores sewage and flushwater only at ambient air temperature and pressure.

4. While a vessel with an installed toilet is on Missouri waters, the operator shall ensure that:

(1) All pathways for overboard discharge of vessel sewage from any vessel with a type III marine sanitation device are blocked or secured in such a way as to prevent any accidental or intentional vessel sewage discharge, by disconnecting or physically blocking the onboard sewage lines or hull fittings which would allow for overboard vessel sewage discharge; and

(2) Any installed in-line Y valve shall be secured to prevent the overboard discharge of sewage from any vessel utilizing a type III marine sanitation device, by bypassing, locking, securing or disabling the valve using a padlock or nonreusable wire tie wrap, or by removal of the valve handle, or by any other method in accordance with federal regulations and standards or as approved or required by the water patrol division.

5. The chosen compliance method pursuant to subdivision (2) of subsection 4 of this section shall totally eliminate the possibility of overboard vessel sewage discharge while in waters of the state. The method chosen shall present a physical barrier to the use of the Y valve, whether accidental or intentional, so that use of the valve cannot occur without the knowledge of the operator of the vessel.

6. For any vessel offered as a noncaptained charter, the leasing entity shall:

(1) Ensure that the vessel complies with this section when presented to the lessor; and

(2) Include the lease agreement, signed by the leasing party, a paragraph outlining the operator's responsibilities pursuant to this section.

7. The provisions of this section shall not apply to any vessel operated upon the Mississippi River or the Missouri River.

8. A person who violates the provisions of this section is subject to a civil penalty not to exceed two thousand dollars.

(L. 1998 H.B. 1161 1)

Effective 6-9-98



Vessels on navigable waterways, restrictions on transporting of foodstuffs and beverages--violation, penalty.

306.325. 1. As used in this section, the following terms mean:

(1) "Navigable waterway", any navigable river, lake, or other body of water located wholly or partly within this state and used by any vessel;

(2) "Vessel", any canoe, kayak, or other watercraft which is easily susceptible to swamping, tipping, or rolling, but does not include any houseboat, party barge, runabout, ski boat, bass boat, excursion gambling boat as defined in section 313.800, or similar watercraft not easily susceptible to swamping, tipping, or rolling.

2. Any person entering, traveling upon, or otherwise using navigable or nonnavigable waterways by vessel or innertube and transporting foodstuffs or beverages shall:

(1) Use a cooler, icebox, or similar nonglass container, and shall not use, other than containers for substances prescribed by a licensed physician, any glass container for beverages on a vessel within the banks of navigable waterways;

(2) Use a cooler, icebox, or similar nonglass container sealed in a way which prevents the contents from spilling into the water;

(3) Carry and affix to the vessel a container or bag suitable for containing refuse, waste, and trash materials and which is capable of being securely closed;

(4) Transport all refuse, waste, and trash materials to a place in which such materials may be safely and lawfully disposed; and

(5) Shall safely secure any glass containers to protect them from breakage or discharge into any stream.

3. Any person who violates the provisions of this section is guilty of a class C misdemeanor.

(L. 2004 H.B. 841)



Liens and encumbrances--valid, perfected, when, how, future advances--boats and motors subject to, when, how determined--revenue to establish security procedure, electronic notices, rulemaking authority.

306.400. 1. As used in sections 306.400 to 306.440, the terms motorboat, vessel, and watercraft shall have the same meanings given them in section 306.010, and the term outboard motor shall include outboard motors governed by section 306.530.

2. Unless excepted by section 306.425, a lien or encumbrance on an outboard motor, motorboat, vessel, or watercraft shall not be valid against subsequent transferees or lienholders of the outboard motor, motorboat, vessel or watercraft, who took without knowledge of the lien or encumbrance unless the lien or encumbrance is perfected as provided in sections 306.400 to 306.430.

3. A lien or encumbrance on an outboard motor, motorboat, vessel or watercraft is perfected by the delivery to the director of revenue of a notice of lien in a format as prescribed by the director. Such lien or encumbrance shall be perfected as of the time of its creation if the delivery of the items required in this subsection to the director of revenue is completed within thirty days thereafter, otherwise such lien or encumbrance shall be perfected as of the time of the delivery. A notice of lien shall contain the name and address of the owner of the outboard motor, motorboat, vessel or watercraft and the secured party, a description of the outboard motor, motorboat, vessel or watercraft motor, including any identification number, and such other information as the department of revenue may prescribe. A notice of lien substantially complying with the requirements of this section is effective even though it contains minor errors which are not seriously misleading. Provided the lienholder submits complete and legible documents, the director of revenue shall mail confirmation or electronically confirm receipt of each notice of lien to the lienholder as soon as possible, but no later than fifteen business days after the filing of the notice of lien.

4. Notwithstanding the provisions of section 306.410, on a refinance by a different lender of a prior loan secured by an outboard motor, motorboat, vessel or watercraft, a lien is perfected by the delivery to the director of revenue of a notice of lien completed by the refinancing lender in a format prescribed by the director of revenue.

5. Liens may secure future advances. The future advances may be evidenced by one or more notes or other documents evidencing indebtedness and shall not be required to be executed or delivered prior to the date of the future advance lien securing them. The fact that a lien may secure future advances shall be clearly stated on the security agreement and noted as "subject to future advances" in the second lienholder's portion of the notice of lien. To secure future advances when an existing lien on an outboard motor, motorboat, vessel or watercraft does not secure future advances, the lienholder shall file a notice of lien reflecting the lien to secure future advances. A lien to secure future advances is perfected in the same time and manner as any other lien, except as follows. Proof of the lien for future advances is maintained by the department of revenue; however, there shall be additional proof of such lien when the notice of lien reflects such lien for future advances, is receipted for by the department of revenue, and returned to the lienholder.

6. Whether an outboard motor, motorboat, vessel, or watercraft is subject to a lien or encumbrance shall be determined by the laws of the jurisdiction where the outboard motor, motorboat, vessel, or watercraft was when the lien or encumbrance attached, subject to the following:

(1) If the parties understood at the time the lien or encumbrances attached that the outboard motor, motorboat, vessel, or watercraft would be kept in this state and it is brought into this state within thirty days thereafter for purposes other than transportation through this state, the validity and effect of the lien or encumbrance in this state shall be determined by the laws of this state;

(2) If the lien or encumbrance was perfected pursuant to the laws of the jurisdiction where the outboard motor, motorboat, vessel, or watercraft was when the lien or encumbrance attached, the following rules apply:

(a) If the name of the lienholder is shown on an existing certificate of title or ownership issued by that jurisdiction, his or her lien or encumbrance continues perfected in this state;

(b) If the name of the lienholder is not shown on an existing certificate of title or ownership issued by the jurisdiction, the lien or encumbrance continues perfected in this state for three months after the first certificate of title of the outboard motor, motorboat, vessel, or watercraft is issued in this state, and also thereafter if, within the three-month period, it is perfected in this state. The lien or encumbrance may also be perfected in this state after the expiration of the three-month period, in which case perfection dates from the time of perfection in this state;

(3) If the lien or encumbrance was not perfected pursuant to the laws of the jurisdiction where the outboard motor, motorboat, vessel, or watercraft was when the lien or encumbrance attached, it may be perfected in this state, in which case perfection dates from the time of perfection in this state;

(4) A lien or encumbrance may be perfected pursuant to paragraph (b) of subdivision (2) or subdivision (3) of this subsection in the same manner as provided in subsection 3 of this section.

7. The director of revenue shall by rules and regulations establish a security procedure to verify that an electronic notice or lien or notice of satisfaction of a lien on an outboard motor, motorboat, vessel or watercraft given pursuant to sections 306.400 to 306.440 is that of the lienholder, to verify that an electronic notice of confirmation of ownership and perfection of a lien given pursuant to section 306.410 is that of the director of revenue and to detect error in the transmission or the content of any such notice. Such a security procedure may require the use of algorithms or other codes, identifying words or numbers, encryption, callback procedures or similar security devices. Comparison of a signature on a communication with an authorized specimen signature shall not by itself constitute a security procedure.

(L. 1985 H.B. 280, et al. 301.700, A.L. 1999 S.B. 19, A.L. 2000 S.B. 896, A.L. 2002 H.B. 2008 merged with S.B. 895, A.L. 2011 H.B. 550, A.L. 2012 H.B. 1150 merged with H.B. 1402 merged with S.B. 485)



Certificates of title, delivery of, how, to whom--lienholder may elect to have revenue retain electronic title.

306.405. 1. All certificates of title of an outboard motor, motorboat, vessel, or watercraft issued by the director of revenue shall be mailed to the owner named therein. If the certificate of ownership is being held electronically by the director of revenue at the election of a lienholder, then confirmation of such ownership shall be electronically transmitted or mailed to the first lienholder named in such certificate.

2. A lienholder may elect to have the director of revenue retain possession of an electronic certificate of title and the director shall issue regulations to govern the procedure for making such an election. Each such certificate of title shall require a separate election unless the director provides otherwise by regulation. A subordinate lienholder shall be bound by the election of the superior lienholder with respect to the certificate involved.

3. "Electronic certificate of title" means any electronic record of ownership, including liens that may be recorded.

(L. 1985 H.B. 280, et al. 301.705, A.L. 1999 S.B. 19, A.L. 2002 H.B. 2008 merged with S.B. 895)

Effective 8-28-02 (H.B. 2008)

7-01-03 (S.B. 895)



Duties of parties upon creation of lien or encumbrance--failure of owner to perform certain duties, penalty--name change, authorization to director required.

306.410. 1. If an owner creates a lien or encumbrance on an outboard motor, motorboat, vessel, or watercraft:

(1) The owner shall immediately execute the application, either in the space provided therefor on the certificate of title or on a separate form the director of revenue prescribes, to name the lienholder on the certificate of title, showing the name and address of the lienholder and the date of his or her security agreement, and shall cause the certificate of title, the application and the required fee to be mailed or delivered to the director of revenue. Failure of the owner to do so is a class A misdemeanor;

(2) The lienholder or an authorized agent licensed pursuant to sections 301.112 to 301.119 shall deliver to the director of revenue a notice of lien as prescribed by the director accompanied by all other necessary documentation to perfect a lien pursuant to section 306.400;

(3) To perfect a lien for a subordinate lienholder when a transfer of ownership occurs, the subordinate lienholder shall either mail or deliver, or cause to be mailed or delivered, a completed notice of lien to the department of revenue, accompanied by authorization from the first lienholder. The owner shall ensure the subordinate lienholder is recorded on the application for title at the time the application is made to the department of revenue. To perfect a lien for a subordinate lienholder when there is no transfer of ownership, the owner or lienholder in possession of the certificate shall either mail or deliver, or cause to be mailed or delivered, the owner's application for title, certificate, notice of lien, authorization from the first lienholder and title fee to the department of revenue. The delivery of the certificate and executing a notice of authorization to add a subordinate lien does not affect the rights of the first lienholder under the security agreement;

(4) Upon receipt of the documents and fee required in subdivision (3) of this section, the director of revenue shall issue a new certificate of title containing the name and address of the new lienholder, and mail the certificate of title to the owner named in it or if a lienholder has elected to have the director of revenue retain possession of an electronic certificate of title, the lienholder shall either mail or deliver to the director a notice of authorization for the director to add a subordinate lienholder to the existing certificate as prescribed in section 306.405. Upon receipt of such authorization and a notice of lien from a subordinate lienholder, the director shall add the subordinate lienholder to the certificate of title being electronically retained by the director and provide confirmation of the addition to both lienholders.

2. When an owner wants to add or delete a name or names on an application for certificates of title of an outboard motor, motorboat, vessel, or watercraft that would cause it to be inconsistent with the name or names listed on the notice of lien, the owner shall provide the director with documentation evidencing the lienholder's authorization to add or delete a name or names on an application for certificate of title.

(L. 1985 H.B. 280, et al. 301.710, A.L. 1999 S.B. 19, A.L. 2000 S.B. 896, A.L. 2002 H.B. 2008 merged with S.B. 895, A.L. 2003 H.B. 221 merged with S.B. 346, A.L. 2009 H.B. 269)



Assignment of lien or encumbrance by lienholder, rights and obligations--perfection by assignee, how.

306.415. 1. A lienholder may assign, absolutely or otherwise, his or her lien or encumbrance on the outboard motor, motorboat, vessel, or watercraft to a person other than the owner without affecting the interest of the owner or the validity or effect of the lien or encumbrance, but any person without notice of the assignment is protected in dealing with the lienholder as the holder of the lien or encumbrance and the lienholder shall remain liable for any obligations as lienholder until the assignee is named as lienholder on the certificate of title.

2. An assignee pursuant to subsection 1 of this section may, but need not to perfect the assignment, have the certificate of title issued with the assignee named as lienholder, upon delivering to the director of revenue the certificate of title, an assignment by the lienholder named in the certificate of title, and the required fee in the form the director of revenue prescribes.

3. If the certificate of title is being electronically retained by the director of revenue, the original lienholder may mail or deliver a notice of assignment of lien to the director in a form prescribed by the director. Upon receipt of notice of assignment, the director shall update the electronic certificate of title to reflect the assignment of lien and lienholder.

(L. 1985 H.B. 280, et al. 301.715, A.L. 1999 S.B. 19)



Satisfaction of lien or encumbrance, release of, procedure--duties of lienholder and director of revenue--penalty for unauthorized release of a lien.

306.420. 1. Upon the satisfaction of a lien or encumbrance on an outboard motor, motorboat, vessel, or watercraft, the lienholder shall within ten days execute a release of his or her lien or encumbrance, on the certificate or separate document, and mail or deliver the certificate or separate document to the owner or any person who delivers to the lienholder an authorization from the owner to receive the documentation. The release on the certificate or separate document shall be notarized. Each perfected subordinate lienholder, if any, shall release such lien or encumbrance as provided in this section for the first lienholder. The owner may cause the certificate of title, the release, and the required fee to be mailed or delivered to the director of revenue, who shall release the lienholder's rights on the certificate and issue a new certificate of title.

2. If the electronic certificate of title is in the possession of the director of revenue, the lienholder shall notify the director within ten business days of any release of lien and provide the director with the most current address of the owner. The director shall note such release on the electronic certificate and if no other lien exists, the director shall mail or deliver the certificate free of any lien to the owner.

3. Any person who knowingly and intentionally sends in a separate document releasing a lien of another without authority to do so shall be guilty of a class C felony.

(L. 1985 H.B. 280, et al. 301.720, A.L. 1999 S.B. 19, A.L. 2000 S.B. 896, A.L. 2002 H.B. 2008 merged with S.B. 895)

Effective 8-28-02 (H.B. 2008)

7-01-03 (S.B. 895)



Provisions of 306.400 to 306.430 exclusive--exceptions.

306.425. 1. Sections 306.400 to 306.430 shall not apply to or affect:

(1) A lien given by statute or rule of law to a supplier of services or materials for the outboard motor, motorboat, vessel, or watercraft;

(2) A lien given by statute to the United States, this state or any political subdivision of this state;

(3) A lien or encumbrance on an outboard motor, motorboat, vessel, or watercraft created by a manufacturer or dealer who holds the outboard motor, motorboat, vessel, or watercraft for sale.

2. The method provided in sections 306.400 to 306.430 of perfecting and giving notice of liens or encumbrances subject to sections 306.400 to 306.430 is exclusive.

(L. 1985 H.B. 280, et al. 301.725)

Effective 4-1-86



Liens and encumbrances incurred before July 1, 2003--how terminated, completed and enforced.

306.430. All transactions involving liens or encumbrances on outboard motors, motorboats, vessels, or watercraft entered into before July 1, 2003, and the rights, duties, and interests flowing from such transactions shall remain valid after July 1, 2003, and may be terminated, completed, consummated, or enforced as required or permitted by any statute or other law amended or repealed by sections 306.400 to 306.430 as though such repeal or amendment had not occurred.

(L. 1985 H.B. 280, et al. 301.730, A.L. 2002 H.B. 2008 merged with S.B. 895)

Effective 8-28-02 (H.B. 2008)

7-01-03 (S.B. 895)



Repossessed vessels, motorboats and outboard motors, certificate of title--application, procedure, fee, form of--notice--issued, when--director of revenue, duties, rulemaking authority.

306.435. 1. When the holder of any indebtedness secured by a security agreement or other contract for security covering an outboard motor, motorboat, vessel, or watercraft who has a notice of lien on file with the director of revenue repossesses the outboard motor, motorboat, vessel, or watercraft either by legal process or in accordance with the terms of a contract authorizing the repossession of the outboard motor, motorboat, vessel, or watercraft without legal process, the holder may obtain a certificate of ownership from the director of revenue upon presentation of:

(1) An application form furnished by the director of revenue which shall contain a full description of the outboard motor, motorboat, vessel, or watercraft and the manufacturer's or other identifying number;

(2) A notice of lien receipt or the original certificate of ownership reflecting the holder's lien; and

(3) An affidavit of the holder, certified under penalties of perjury for making a false statement to a public official, that the debtor defaulted in payment of the debt, and that the holder repossessed the outboard motor, motorboat, vessel, or watercraft either by legal process or in accordance with the terms of the contract, and the specific address where the outboard motor, motorboat, vessel, or watercraft is held. Such affidavit shall also state that the lienholder has the written consent from all owners or lienholders of record to repossess the outboard motor, motorboat, vessel, or watercraft or has provided all the owners or lienholders with written notice of the repossession.

2. On an outboard motor, motorboat, vessel, or watercraft, the lienholder shall first give:

(1) Ten days' written notice by first class United States mail, postage prepaid, to each of the owners and other lienholders, if any, of the outboard motor, motorboat, vessel, or watercraft at each of their last mailing addresses as shown by the last prior certificate of ownership, if any issued, or the most recent address on the lienholder's records, that an application for a repossessed title will be made; or

(2) The lienholder may, ten days prior to applying for a repossession title, include the information in the above notice in the appropriate uniform commercial code notice under sections 400.9-613 or 400.9-614. Such alternative notice to all owners and lienholders shall be valid and enforceable under both the uniform commercial code and this section, provided it otherwise complies with the provisions of the uniform commercial code.

3. Upon the holder's presentation of the papers required by subsection 1 of this section and the payment of a fee of ten dollars, the director of revenue, if he is satisfied with the genuineness of the papers, shall issue and deliver to the holder a certificate of title which shall be in its usual form except it shall be clearly captioned "Repossessed Title". Each repossessed title so issued shall, for all purposes, be treated as an original certificate of ownership and shall supersede the outstanding certificate of ownership, if any, and duplicates thereof, if any, on the outboard motor, motorboat, vessel, or watercraft, all of which shall become null and void.

4. In any case where there is no certificate of ownership, or duplicate thereof, outstanding in the name of the debtor on the repossessed outboard motor, motorboat, vessel, or watercraft, the director of revenue shall issue a repossessed title to the holder and shall proceed to collect all unpaid fees, taxes, charges and penalties from the debtor as provided in sections 306.015, 306.030, 306.530 and 306.535, in addition to the fee specified in subsection 3 of this section.

5. The director of revenue may prescribe rules and regulations for the effective administration of this section. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2006, shall be invalid and void.

(L. 1985 H.B. 280, et al. 301.735, A.L. 2006 S.B. 892)



Owner's failure to indicate lienholder on title application, penalty.

306.440. Failure by the owner to indicate the lienholder of a lien or encumbrance attached to the outboard motor, motorboat, vessel, or watercraft at time of making application for title is a class A misdemeanor.

(L. 1985 H.B. 280, et al. 301.740, A.L. 2002 H.B. 2008)



Certificate of title for outboard motors and vessels in names of two or more persons, presumptions--exception.

306.455. When the director of revenue issues a certificate of title for an outboard motor or vessel in the names of two or more persons, it shall be presumed that ownership of the outboard motor or vessel is held by the persons shown on the title as joint tenants with right of survivorship or as tenants by the entirety if the owners are husband and wife, unless at the time the application for a certificate of title is filed with the director of revenue, the application states that ownership of the outboard motor or vessel is held as tenants in common.

(L. 1987 H.B. 605 6)



Certificate of title for outboard motors and vessels in one person's name, may be surrendered, new certificate issued for one or more other persons--fee.

306.456. A certificate of title for an outboard motor or vessel issued in the name of only one person, on application of that person and payment of the fee required for an original certificate of title, may be surrendered to and a new certificate issued by the director of revenue in the name of that person and one or more other persons; and the current valid certificate of number shall be so transferred into the names of the owners shown on the new certificate.

(L. 1987 H.B. 605 7)



Certificate of title, two or more persons, not held as tenants in common, death of one tenant, transfer to surviving owners, procedure, fee--tenants in common, death of one tenant, procedure to transfer, fee.

306.458. 1. A certificate of title for an outboard motor or vessel issued in the names of two or more persons that does not show on the face of the certificate that the persons hold their interest in the outboard motor or vessel as tenants in common, on death of one of the named persons, may be transferred to the surviving owner or owners. On proof of death of one of the persons in whose names the certificate was issued, surrender of the outstanding certificate of title, and on application and payment of the fee for an original certificate of title, the director of revenue shall issue a new certificate for the outboard motor or vessel to the surviving owner or owners; and the current valid certificate of number shall be so transferred. The directive to the director of revenue also shall permit the beneficiary or beneficiaries to make one reassignment of the original certificate of ownership upon the death of the owner to another owner without transferring the certificate to the beneficiary or beneficiaries name.

2. A certificate of title for an outboard motor or vessel, issued in the names of two or more persons that shows on its face that the persons hold their interest in the outboard motor or vessel as tenants in common, on death of one of the named persons, may be transferred by the director of revenue on application by the surviving owners and the personal representative or successors of the deceased owner. Upon being presented proof of death of one of the persons in whose names the certificate of title was issued; surrender of the outstanding certificate of title, and on application and payment of the fee for an original certificate of title, the director of revenue shall issue a new certificate of title for the outboard motor or vessel to the surviving owners and personal representative or successors of the deceased owner; and the current valid certificate of number shall be transferred.

(L. 1987 H.B. 605 8, A.L. 2004 H.B. 1511)



Certificate of title in beneficiary form--multiple beneficiaries allowed--procedure to issue, content, fee--consent not required for transactions, revocation--interest subject to certain claims--transfer not deemed testamentary.

306.461. 1. A sole owner of an outboard motor or vessel, and multiple owners of an outboard motor or vessel who hold their interest as joint tenants with right of survivorship or as tenants by the entirety, on application and payment of the fee required for an original certificate of title, may request the director of revenue to issue a certificate of title for the outboard motor or vessel in beneficiary form which includes a directive to the director of revenue to transfer the certificate of title on death of the sole owner or on death of all multiple owners to one beneficiary or to two or more beneficiaries as joint tenants with right of survivorship or as tenants by the entirety named on the face of the certificate.

2. A certificate of title in beneficiary form may not be issued to persons who hold their interest in an outboard motor or vessel as tenants in common.

3. A certificate of title issued in beneficiary form shall include after the name of the owner, or after the names of multiple owners, the words "transfer on death to" or the abbreviation "TOD" followed by the name of the beneficiary or beneficiaries.

4. (1) During the lifetime of a sole owner or prior to the death of the last surviving multiple owner, the signature or consent of the beneficiary or beneficiaries shall not be required for any transaction relating to the outboard motor or vessel for which a certificate of title in beneficiary form has been issued.

(2) A certificate of title in beneficiary form may be revoked or the beneficiary or beneficiaries changed at any time before the death of the sole owner or the last surviving multiple owner only by the following methods:

(a) By a sale of the outboard motor or vessel with proper assignment and delivery of the certificate of title to another person; or

(b) By surrender of the outstanding certificate of title and filing an application to reissue the certificate of title with no designation of a beneficiary or with the designation of a different beneficiary or beneficiaries with the director of revenue in proper form and accompanied by the payment of the fee for an original certificate of title.

(3) The beneficiary's or beneficiaries' interest in the outboard motor or vessel at death of the owner or surviving owner shall be subject to any contract of sale, assignment of ownership or security interest to which the owner or owners of the outboard motor or vessel were subject during their lifetime.

(4) The designation of a beneficiary or beneficiaries in a certificate of title issued in beneficiary form may not be changed or revoked by a will, any other instrument, or a change in circumstances, or otherwise be changed or revoked except as provided by subdivision (2) of this subsection.

5. (1) On proof of death of one of the owners of two or more multiple owners, or of a sole owner, surrender of the outstanding certificate of title, and on application and payment of the fee for an original certificate of title, the director of revenue shall issue a new certificate of title for the outboard motor or vessel to the surviving owner or owners or, if none, to the surviving beneficiary or beneficiaries, subject to any outstanding security interest; and the current valid certificate of number shall be so transferred. If the surviving beneficiary or beneficiaries make a request of the director of revenue, the director may allow the beneficiary or beneficiaries to make one assignment of title.

(2) The director of revenue may rely on a death certificate or record or report that constitutes prima facie proof or evidence of death under subdivisions (1) and (2) of section 472.290.

(3) The transfer of an outboard motor or vessel at death pursuant to this section is effective by reason of sections 301.675 to 301.682 and sections 306.455 to 306.465, and is not to be considered testamentary, or to be subject to the requirements of section 473.087 or section 474.320.

(L. 1987 H.B. 605 9, A.L. 1993 H.B. 509, A.L. 2004 H.B. 1511 merged with S.B. 1233, et al.)



Death of owner and no surviving owner or beneficiary, director of revenue may transfer and issue new certificate, when, procedure to obtain.

306.463. If an owner dies and no surviving owner or surviving beneficiary exists, on proof of death of all persons shown on the certificate of title, surrender of the outstanding certificate of title, and on application and payment of the fee for an original certificate of title, the director of revenue may rely on, transfer and issue a new certificate of title in accordance with one of the following:

(1) A certified copy of a court order approving the transfer, refusing to issue letters of administration, terminating administration or authorizing distribution of the deceased owner's estate;

(2) A small estate affidavit with the certificate of the clerk of the probate division of the circuit court, as provided in section 473.097; or

(3) A notarized application for transfer from a personal representative of the deceased owner accompanied by a copy of the personal representative's letters of administration or letters testamentary together with a court order approving the transfer or a statement that the personal representative has authority under section 473.457 or subdivision (16) of section 473.810 to make the transfer without court order.

(L. 1987 H.B. 605 10)



Rules and regulations, authority to promulgate, procedure.

306.465. The director of revenue may promulgate rules to implement sections 301.675 to 301.682 and sections 306.455 to 306.465. No rule or portion of a rule promulgated under the authority of sections 301.675 to 301.682 and sections 306.455 to 306.465 shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.

(L. 1987 H.B. 605 11, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3)



Registration of outboard motors.

306.530. 1. The owner of an outboard motor kept within this state shall cause it to be registered in the office of the director of revenue who shall issue a certificate of title for the same.

2. The owner of any outboard motor acquired or brought into the state shall file his application for registration and pay the fee within sixty days after it is acquired or brought into this state. The director of revenue may grant extensions of time for registration to any person in deserving cases.

3. Any make of outboard motor older than 1960 which is owned solely as a collector's item and which is used and intended to be used for exhibition and educational purposes only and will not be used on the waterways of this state will be exempt from titling and registration pursuant to this chapter.

(L. 1945 p. 1191 1, 3, A. 1949 S.B. 1110, A.L. 1985 H.B. 280, et al., A.L. 2004 S.B. 1233, et al.)

*Transferred 1985; formerly 301.450



Certificate of title to designate year of manufacture

306.532. Effective August 28, 2012, the certificate of title for a new outboard motor shall designate the year the outboard motor was manufactured as the "Year Manufactured" and shall further designate the year the dealer received the new outboard motor from the manufacturer as the "Model Year-NEW". Any outboard motor manufactured on or after July first of any year shall be labeled with the "Year Manufactured" with the calendar year immediately following the year manufactured, unless the manufacturer indicates a specific model or program year.

(L. 2010 H.B. 1692, et al., A.L. 2012 S.B. 480 merged with S.B. 568 merged with S.B. 719)



Applications, contents, fee--not made within certain period, delinquency fee.

306.535. 1. Applications shall be made on forms prescribed and furnished to the applicant, upon demand, by the director of revenue.

2. The application shall contain a brief description of the outboard motor to be registered, the name of manufacturer, the factory number or serial number, the type and color of the outboard motor, the amount of motive power stated in figures of horsepower, and the name and address, including county, of the owner; and a declaration and affidavit of ownership, showing the date and from whom purchased.

3. The fee for registering and issuing a license shall be two dollars, and the fee for a certificate of title shall be five dollars, both of which fees shall be paid to the director of revenue at the time of making the application.

4. If application for the certificate of title is not made within sixty days after the outboard motor is acquired or brought into the state by the applicant, a delinquency penalty fee of ten dollars for each thirty days of delinquency, not to exceed a total of thirty dollars, shall be imposed. If the director of revenue learns that any person has failed to make application for a certificate of title within sixty days after acquiring or bringing into the state an outboard motor or has sold an outboard motor without obtaining a certificate of title, he shall cancel the registration of all outboard motors registered in the name of the person, either as sole owner or as a co-owner, and shall notify the person that the cancellation shall remain in force until the person pays the delinquency penalty fee provided in this subsection together with all fees, charges and payments which he should have paid in connection with the certificate of title and registration of the outboard motor.

(L. 1945 p. 1191 2, 3, A. 1949 S.B. 1110, A.L. 1985 H.B. 280, et al.)

Effective 4-1-86

*Transferred 1985; formerly 301.460



Registration by director of revenue, when.

306.540. Upon receipt of an application for registration of an outboard motor the director of revenue shall file the application in his office and register the described outboard motor, with the name, residence and business address of the owner, together with the essential facts stated in the application, in a book or books to be kept by him for the purpose, under the registration number to be assigned by him to the described outboard motor, which book, or books shall be open to public inspection during reasonable business hours.

(L. 1945 p. 1191 4)

*Transferred 1985; formerly 301.470



Registration number--placement.

306.545. 1. Upon the payment of the registration fee and the approval of the application, the director of revenue shall assign a registration number to the described outboard motor by which it may be identified during the current registration period; and shall issue and deliver to the applicant a certificate of registration containing the manufacturer's identification number or serial number, name and address of the owner, and other particulars shown in the application, together with one decal which shall contain the outboard motor registration number. The decal shall be in a form as the director shall prescribe.

2. The owner shall secure the registration decal to the outside of the outboard motor in a conspicuous place. Unless otherwise provided by law, no person shall operate, use or keep any outboard motor in this state unless a registration decal is affixed.

(L. 1945 p. 1191 5, A. 1949 S.B. 1110, A.L. 1995 H.B. 217)

*Transferred 1985; formerly 301.480



Certificate forms--duties of seller and purchaser--temporary registration number, issuance, contents.

306.550. 1. When the certificate forms are printed, the director of revenue shall cause to be printed on the reverse side, a form for transfer of title to be used by the owner if the owner sells the registered outboard motor; to be completed and signed by the owner and delivered to the purchaser or transferee, as evidence of title.

2. When an outboard motor is transferred, the seller shall remove the registration number decal from the outboard motor. The purchaser shall within thirty days thereafter file an application for registration of the outboard motor in the purchaser's name, accompanied by the transfer of title duly executed, and accompanied by the registration fee which shall be the same as though no former registration had been made.

3. The department of revenue may issue a one-time temporary registration number authorizing the operation of an outboard motor by a purchaser for not more than thirty days. A temporary registration issued under this section is not renewable. The department of revenue shall provide the temporary registration numbers. A person may purchase a temporary registration number from the department of revenue with proof of purchase of an outboard motor, or from the dealer, when the outboard motor is purchased. The department shall provide temporary registration numbers to registered dealers in this state in sets of ten registration numbers. The fee for the temporary registration number shall be two dollars for each registration number issued. A dealer may not charge more than two dollars for each registration number issued by the dealer. A registration number is valid for the legal operation of an outboard motor only by the purchaser of the outboard motor from the date the certificate is issued for either thirty days or until proper registration has been obtained, whichever first occurs. A registration number may not be transferred or displayed on any outboard motor other than the outboard motor for which it was issued. The department of revenue shall determine the size and numbering configuration, construction, and color of the temporary registration number.

4. The department of revenue or the dealer or the dealer's authorized agent shall insert the date of issuance and expiration, year, make and manufacturer's identification number of the outboard motor on the temporary registration number when issued to the buyer. The dealer shall also insert the dealer's number on the temporary registration number. Every dealer that issues a temporary registration number shall keep, for inspection by authorized officers, an accurate record of each temporary registration number issued by the dealer by recording the registration number, buyer's name and address, year, make and manufacturer's identification number of the outboard motor on which the registration number is to be used, and the date of issuance.

(L. 1945 p. 1191 6, A.L. 1995 H.B. 217, A.L. 1997 H.B. 379)

Effective 6-24-97

*Transferred 1985; formerly 301.490



Inspection of outboard motors.

306.555. For the purposes of reasonable and proper administration and enforcement of the provisions of sections 306.530 to 306.575 all outboard motors within this state shall be subject to inspection by peace officers.

(L. 1945 p. 1191 7)

*Transferred 1985; formerly 301.500



Outboard motor registration not required for manufacturers, visitors in state, and motors used solely for racing.

306.560. The provisions of sections 306.530 to 306.575 requiring registration of outboard motors in the office of the director of revenue of this state shall not apply to manufacturers or dealers in new unregistered outboard motors; nor shall it apply to nonresident persons who may be visiting or vacationing in this state for not more than sixty consecutive days at one time, or to outboard motors used on motorboats designed and intended solely for racing while competing in any race previously approved by the water patrol division in accordance with section 306.130, including operation within a twenty-four-hour period prior to such approved race in order to test or tune up the outboard motor.

(L. 1945 p. 1191 8, A.L. 1993 H.B. 218)

*Transferred 1985; formerly 301.510



Fees--disposition.

306.565. All registration fees and other fees and money received by the director of revenue, pursuant to this law for registration of outboard motors, shall be paid into the state treasury to the credit of the general revenue fund.

(L. 1945 p. 1191 9, A. 1949 S.B. 1110)

*Transferred 1985; formerly 301.520



Destruction of records.

306.570. The director of revenue is authorized, at his discretion, to destroy by burning with fire, any letters, correspondence, papers and documents, remaining in the files, pertaining to the registration of outboard motors, after four years from their date.

(L. 1945 p. 1191 11)

*Transferred 1985; formerly 301.530



Penalty for violation.

306.575. Any person, firm, partner, organization, association or corporation, or any agent or officer thereof, required by sections 306.530 to 306.575 to register an outboard motor and to pay the registration fee, who fails to do so in the time and manner prescribed, and any person who shall remove or obliterate the factory number or the serial number from any registered outboard motor or cause the same to be done without the written consent of the director of revenue, shall upon conviction be deemed guilty of a misdemeanor, and be punished as provided by law.

(L. 1945 p. 1191 10)

*Transferred 1985; formerly 301.540



Direct molding process--use of to duplicate hulls prohibited, when--damages and injunctive relief, when.

306.900. 1. As used in this section, the following terms mean:

(1) "Direct molding process", any direct molding process in which the original manufactured vessel hull or component part of a vessel is itself used as a plug for the making of the mold, which is then used to manufacture a duplicate item;

(2) "Mold", a matrix or form in which a substance or material is shaped;

(3) "Person", any individual, partnership, corporation, firm or association;

(4) "Plug", a device or model used to make a mold for the purpose of exact duplication.

2. (1) No person shall use the direct molding process to duplicate for the purpose of sale any manufactured vessel hull or component part of a vessel made by another person without the written permission of that other person.

(2) No person shall knowingly sell a vessel hull or component part of a vessel duplicated in violation of subdivision (1) of this subsection.

3. (1) Any person injured in his business by virtue of any violation of subsection 2 may sue and shall recover threefold the damages incurred by virtue of such violation and the costs of suit and reasonable attorney's fees.

(2) Any person injured in his business by virtue of any violation of subsection 2 may sue for injunctive relief and injunctive relief may be granted regardless of the failure of the plaintiff to show irreparable injury.

(L. 1985 H.B. 280, et al. 3)

Effective 4-1-86



Abandonment of boat dock, penalty--retrieval and disposal--identifying information on dock required, when, penalty.

306.903. 1. Any person who abandons a boat dock and permits it to float freely without being moored upon lakes having at least nine hundred fifty miles of aggregate shoreline is guilty of an infraction, the penalty for which shall be a fine of not less than twenty-five dollars or more than one hundred dollars.

2. Any person who abandons a boat dock shall be responsible for the retrieval and disposal of such boat dock. Any person who violates subsection 1 of this section and who does not properly retrieve and dispose of such abandoned boat dock shall, upon a plea of guilty or a finding of guilt for such an offense, be ordered to reimburse the appropriate law enforcement agency, including the water patrol division, for the costs associated with the retrieval and disposal of the abandoned boat dock. The law enforcement agency may establish a schedule of such costs. However, the court may reduce the costs if it determines that the costs are excessive.

3. The water patrol division may accept gifts, grants, in-kind services and appropriations, and may enter into contracts with private or public entities for the enforcement and administration of this section.

4. Beginning January 1, 2010, any person owning a boat dock on lakes having at least nine hundred fifty miles of shoreline and lakes constructed or maintained by the United States Army Corps of Engineers except bodies of water owned by a person, corporation, association, partnership, municipality or other political subdivision, public water supply impoundments, and except drainage ditches construction by a drainage district, but not to include any body of water which has been leased to or owned by the state department of conservation shall display identifying information on the dock, including but not limited to, a permit number issued to the owner by an entity having authority to issue such identification or permit number and the appropriate 911 address or in the absence of a 911 system, the physical address nearest to the dock by land. Any person owning a boat dock on lakes having at least nine hundred fifty miles of aggregate shoreline who violates this subsection may be guilty of an infraction, the penalty for which shall not exceed twenty-five dollars.

(L. 1995 H.B. 217, A.L. 1997 H.B. 379, A.L. 2009 H.B. 103)

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