Title 27, Transportation

(a) (1) The owner shall procure and attach to each side of the bow of the motorboat numbers conforming to the certificate of number issued to the owner by the Secretary of the Department of Finance and Administration.(2) The numbers to be procured and attached shall be at least t…

(a) The certificates of numbers issued pursuant to § 27-101-101 et seq., § 27-101-201 et seq., and this subchapter may be for a period of three (3) years. (b) The Secretary of the Department of Finance and Administration shall establish a system in a manner that the expiration da…

When a motorboat is licensed pursuant to this subchapter, if the owner has since the previous registration of a boat purchased an outboard motor for use on the boat, then as a condition of registering the boat, the owner shall furnish the serial number of the motor to the Revenue…

(a) The owner of a motorboat already covered by a number in full force and effect which has been awarded to it pursuant to then-operative federal law or federally approved numbering system of another state shall record the number prior to operating the motorboat on the waters of …

(a) Should the ownership of a motorboat change, the new owner shall file an application with the Secretary of the Department of Finance and Administration for the transfer of the certificate of operation of the motorboat to the new owner within thirty (30) calendar days after the…

(a) Whenever any motorboat numbered under the provisions of this subchapter shall be destroyed or abandoned, its owner shall notify the Secretary of the Department of Finance and Administration within fifteen (15) days after the destruction or abandonment, and the certificate of …

All records of the Revenue Division of the Department of Finance and Administration and of the Arkansas State Game and Fish Commission made or kept pursuant to this subchapter shall be public records.

All necessary registration certificates and other forms required by this chapter shall be furnished to the Revenue Division of the Department of Finance and Administration by the Arkansas State Game and Fish Commission.

(a) As used in this section:(1) (A) “Beneficiary” means one (1) individual who is designated to become the owner of a motorboat upon the death of the current owner as indicated on the certificate of number issued under this chapter.(B) “Beneficiary” does not include a business, f…

(a) (1) Upon receipt of a certificate of number issued under § 27-101-304, the owner of the motorboat shall write his or her signature on the certificate of number in the space provided.(2) (A) A certificate of number shall be carried:(i) In the motorboat to which it refers; or(i…

(a) There is established a Marine Sanitation Advisory Committee, to consist of seven (7) members appointed by the Governor as follows:(1) Four (4) members shall be marina operators;(2) Two (2) members from the state at large to be appointed by the Governor after consulting with t…

(a) Owners and operators of commercial boating facilities, docks, and marinas shall cooperate with all applicable state and federal agencies and the Marine Sanitation Advisory Committee to ensure that the disposal of marine sewage is consistent with state and federal law. (b) Whe…

(a) All fees and fines levied and collected under the provisions of this subchapter are declared to be special revenues and shall be deposited into the State Treasury to be credited to the Marine Sanitation Fund to be used only for the administration of this subchapter. (b) Subje…

(1) The Marine Sanitation Advisory Committee may, subject to the availability of funding:(1) Review all rules and regulations relating to marine toilets, marine sanitation systems, and disposal of marine sewage from boats as necessary to inform marina operators and boat owners of…

The Department of Health, the Division of Environmental Quality, and the Arkansas State Game and Fish Commission shall pursue cooperative agreements with all appropriate federal agencies to ensure the proper disposal of marine sewage in Arkansas.

(a) (1) Except to the extent permitted by federal law and in order to protect the health and safety of persons using the waters of this state, it is unlawful for any person to operate or use a vessel capable of discharging untreated sewage from a vessel into the waters of this st…

(a) For purposes of this section, “sewage pumpout facility” means equipment designed to receive the discharge of sewage from a marine sanitation device and allow the disposal of the sewage in a manner that prevents the sewage from entering the waters of this state. (b) Any person…

(1) The Department of Health shall:(1) Administer and enforce all laws, rules, and regulations to the extent permitted by federal law and in accordance with applicable regulations that are adopted by the United States Coast Guard and the United States Environmental Protection Age…

(a) Any person who violates any provision of this subchapter or any rule promulgated under this subchapter shall be guilty of a misdemeanor and subject to a fine of not less than one hundred dollars ($100) and not more than one thousand dollars ($1,000) or imprisonment not to exc…

(a) The General Assembly finds and determines that:(1) The regulation of boating and boaters in the state is the primary responsibility of the Arkansas State Game and Fish Commission under Arkansas Constitution, Amendment 35;(2) Most boating accidents in the state are due primari…

(a) As used in this section, “acceptable electronic format” means an electronic image produced on the person's own cellular phone or other type of portable electronic device that displays all of the information on the boater education certificate as clearly as the paper boater ed…

As used in this subchapter, “personal watercraft” means a vessel less than sixteen feet (16′) in length propelled by a water jet pump or other machinery as its primary source of motor propulsion and which is designed to be operated by a person sitting, standing, or kneeling there…

(a) (1) No person shall operate a personal watercraft unless each person aboard is wearing a United States Coast Guard-approved personal flotation device to be used in accordance with the label on the personal flotation device.(2) Provided, no person aboard a personal watercraft …

(a) No person shall operate a personal watercraft towing another person on water skis or other device unless the personal watercraft has on board, in addition to the operator, an observer who shall monitor the progress of the person being towed. (b) No person shall operate a pers…

(a) A personal watercraft livery shall carry liability insurance in an amount of not less than five hundred thousand dollars ($500,000). (b) Operators of rental personal watercraft shall be required by livery operators to view a personal watercraft instructional video approved by…

(a) The provisions of § 27-101-602 shall not apply to a person participating in an officially sanctioned regatta, race, marine parade, tournament, or exhibition. (b) Law enforcement officers and emergency response personnel engaged in the performance of their duties shall be exem…

Each violation of this subchapter shall be punishable by a fine not less than fifty dollars ($50.00) nor more than one hundred dollars ($100), except that the fine for violating § 27-101-602(e) shall be no less than one hundred dollars ($100) nor more than two hundred fifty dolla…

The provisions of this subchapter shall be supplemental and in addition to any other laws, rules, or regulations relating to boats or other watercraft.

This subchapter shall be known and may be cited as the “Boat Identification Act”.

(1) As used in this subchapter:(1) (A) “Boat identification number” means a number assigned to boating equipment by the manufacturer of the boating equipment or the Boating Law Administrator's Office of the Arkansas State Game and Fish Commission.(B) “Boat identification number” …

(a) A person shall not knowingly buy, receive, dispose of, sell, offer for sale, or have in his or her possession boating equipment on which the boat identification number has been removed, defaced, covered, altered, or destroyed for the purpose of concealing or misrepresenting t…

(a) It is unlawful for a person with fraudulent intent to deface, destroy, or alter the boating identification number or to place a boating identification number on boating equipment that was not assigned by the manufacturer or the Boating Law Administrator’s Office of the Arkans…

(a) It shall be unlawful for a person or other entity to have in his, her, or its possession boating equipment with a boating identification number that has been mutilated to the extent that it cannot be read. (b) If a piece of boating equipment has been stolen and recovered with…

This subchapter shall be known as the “Boat Dock and Marina Safety Law”.

(1) As used in this subchapter:(1) “Boat dock” means a man-made structure that:(A) Protrudes into a body of water for the purpose of mooring a boat or for other water-related recreation; and(B) Is connected to an electric power source in any way; and(2) “Marina” means a dock or b…

The owner and operator of a boat dock or marina in the state shall install and maintain electrical wiring in accordance with NFPA 303, the National Fire Protection Association Standard for Marinas and Boatyards, and NFPA 70, the National Fire Protection Association National Elect…

(a) Each boat dock and marina in the state that is not located on a federal impoundment owned or managed by the United States Army Corps of Engineers shall have signage that warns of electric shock hazards in the waters surrounding the boat dock or marina and the risk of swimming…

The violation of this subchapter is admissible in a civil action against the owner or operator of a boat dock or marina if the violation results in bodily injury to or the death of a person.

This subchapter shall be known and may be cited as the “Arkansas Paddlesport Activities Act”.

(1) As used in this subchapter:(1) “Canoe” means a watercraft that has an open top and is designed to hold one (1) or more participants;(2) “Canoeing, rafting, kayaking, or tubing” means riding, training, using, paddling, or being a passenger in or on a canoe, kayak, raft, or tub…

(a) Except as provided in subsection (c) of this section:(1) (A) A participant assumes the inherent risk of a paddlesport activity by engaging in the paddlesport activity.(B) A participant or a participant's representative shall not make a claim against, maintain an action agains…

An outfitter shall post and maintain signage in a clearly visible location at or near areas where the outfitter conducts paddlesport activities and in black letters at least one inch (1″) high containing the following warning: “WARNING — Under Arkansas law, an outfitter is not li…