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**Jammer** · 08-01-2019, 15:32

Wow.

Quote:

From: [Jammer]
Sent: Monday, January 07, 2019 4:33 PM
To: MN_Info (DNR) <info.dnr@state.mn.us>
Subject: Boating safety rules interpretation for inflatable craft

Dear DNR:

I have been boating in Minnesota for many years and am familiar with the laws and regulations. I understand that it is unlawful to ride or sit on the gunwales of a motorboat while it is underway unless the boat is equipped with an appropriate railing. This is mentioned on p.35 of the 2018 boating guide.

I am considering the purchase of a rigid inflatable boat (RIB). The nature of these boats is that the sponsons (tubes/pontoons) that make up the sides are used for seating. This is the manufacturers' recommendation as it is the only way that these boats can accommodate a reasonable number of people and stay safely balanced.

Here is a web page from a manufacturer whose boats are being sold by a local dealer in Bloomington. Note the photographs illustrating the customary seating position for the operator on the sponson:

Classic 310 - Highfield Boats

My question is how the state law regarding seating on the gunwales is interpreted by the DNR for boats with this type of construction. If the DNR considers the sponsons to be the gunwales of the boat, making it unlawful to operate the boat while seated there, I would not purchase a boat of this type.

[ Reply from DNR ]

I have attached the statute that covers your question. You will notice the statute refers to gunwales but also sides of the watercraft. With that said the statute also states "unless the motorboat is provided with adequate guards or railing to prevent passengers from falling overboard." Could the courts interpret the manufacture handles located on the sides as guards? Maybe. This is bit of a questionable call for law enforcement on the water given the circumstances seen at the time. However, I did notice that the manufacture offers a front bench seat and/or a console steering set up which would clearly put it 100% into the legal operation arena if used in that capacity. I think what you would find is more often than not law enforcement would interpret and testify that the handles are not adequate to prevent falling overboard. Given my years working on the water, I would interpret it that way.

86B.311 GENERAL RULES FOR OPERATION

Subd. 5. Riding on gunwales or decking. A person may not ride or sit and a person may not operate a motorboat while a person is riding or sitting on (i) the starboard or port gunwales; (ii) the decking over the bow, sides, or stern; or (iii) the transom, of a motorboat while underway unless the motorboat is provided with adequate guards or railing to prevent passengers from falling overboard.

Lieutenant A[...]
State Boating Law Administrator | Division of Enforcement
Minnesota Department of Natural Resources
500 Lafayette Road
St Paul, MN 55155-4047
[...phone...]

[...email address...]
mndnr.gov

Contact information redacted in compliance with forum expectations

LoudMusic · 08-01-2019, 15:40

Law breaker! Risk taker! Livin' on the eeeeeeeeeeeeeeddddddggggeeee!!!

Tillsbury · 08-01-2019, 15:45

How exactly are you supposed to use 90% of inflatables without sitting on the tubes?

LoudMusic · 08-01-2019, 15:47

Quote:

Originally Posted by Tillsbury

How exactly are you supposed to use 90% of inflatables without sitting on the tubes?

You'll need to install lifelines, sir. Load bearing up to 250 lbs.

kmacdonald · 08-01-2019, 15:55

Government over-reach. Looks like a knee jerk reaction to one tragedy. You know what politicians say, "never let a tragedy go to waste".

Tetepare · 08-01-2019, 16:40

There are no gunwhales or decking on an inflatable so subd 5 is meaningless.

transmitterdan · 08-01-2019, 16:47

If it is impossible to fall overboard why do the make us use those pesky kill switch lanyards?

kmacdonald · 08-01-2019, 17:17

Quote:

Originally Posted by transmitterdan

If it is impossible to fall overboard why do the make us use those pesky kill switch lanyards?

It makes them feel important.

Boatguy30 · 08-01-2019, 18:37

Doubt it will be enforced much and perhaps intended to apply to larger say 14' plus boats going 25 or more knots? Just a thought. I wouldn't sweat it. Heck, probably not many days in MN you could!

Tayana42 · 08-01-2019, 19:21

There are lots of days you can’t fall into the water in Minnesota.

**Jammer** · 08-01-2019, 19:58

Quote:

Originally Posted by Tayana42

There are lots of days you can’t fall into the water in Minnesota.

Right, this time of year you fall onto it in most cases, because it's solid and slippery.

kmacdonald · 08-01-2019, 20:01

Does this rule apply to ice boats?

**Jammer** · 08-01-2019, 20:09

Quote:

Originally Posted by Boatguy30

Doubt it will be enforced much and perhaps intended to apply to larger say 14' plus boats going 25 or more knots? Just a thought. I wouldn't sweat it. Heck, probably not many days in MN you could!

Well, we have too many rules. They've been tinkering with the new carbon monoxide detector rule, which affects sailboats, and requires three ugly warning stickers and a specially approved marine CO detector (ones from the home center don't qualify). Whole thing was motivated by a fatality a few years ago where someone was running a cheap gasoline generator so they could plug in an electric heater in the cabin of their boat when they were caught out in a storm.

The "sitting on gunwales" thing was first on the books in the 1970s and I remember friends being stopped and warned because they had low (6" high) railings meant as handholds, rather than lifelines, on the bow decking. I believe the rule was originally motivated by situations where someone could be hit by the prop if they fell, but this aspect of it has been lost.

It is generally sheriff's deputies enforcing these rules and this is one of their favorite ones to enforce because they can observe a violation from a distance and they consider it safety related. Right up there with overloading and not enough PFDs in things they will try to bust people for.