An Overview of Kentucky’s Boating Laws
Boating is an immensely enjoyable way to spend time on the water in the state of Kentucky. However, it is essential for Kentucky boaters to stay well-informed on the state’s laws regarding boating in order to stay safe and ensure their compliance with the law while enjoying recreation on the water. Whether you’re an avid boater who has spent plenty of time on the water in the past or you’re just beginning to learn the ropes of boating , an understanding of the various laws and regulations in place in the state of Kentucky is crucial to your safety. That’s why we’ve created this guide to Kentucky boating laws—consider it an invaluable resource that will help you stay safe and have a great time while you’re out on the blue.
Education Requirements for Boaters
The boater education law applies to persons who are younger than 40 years old – although the passing of the exam does apply to all ages. It is good practice, of course, to take the exam. The exam can be taken in different parts of the state through classes and online. A list of offered classes can be found at the Kentucky Department of Fish and Wildlife Resources (KDFWR) website. You can even have a live classroom course with KDFWR officers come in and teach a private lesson. If you opt to take the internet course, you may need to take a field trip to take the test-they will not cut any corners because the law requires them to not only test knowledge of facts and terms, but also the practical application (the brain cannot take over for the eye). In other words, there is a lot of training and education to be had in boating safety, and you can never start too early.
Vessel Registration and Titling
To be operated legally on the waters of Kentucky, and to be used as collateral for a secured transaction, a vessel must be registered and titled at the Circuit Court Clerk’s Office. A "vessel" encompasses all watercraft, or other artificial contrivance used, or capable of being used, as a means of transportation on water. The registration process requires the owner(s) of the vessel to file a completed Application for Boat Certificate (Form BC-6). All proof of ownership, applicable and paid local, state and federal taxes, and the sales tax applicable to the sales price of the vessel must be submitted along with the Application. The filing fee to register the vessel is $12.00, and the full sales tax shall be paid, unless a portion of the local tax has been collected by a licensed manufacturer, dealer, or broker. Payment of the combined state and local tax rates of six percent (6%) is required on the fair retail value of the vessel if it is obtained through a "non-taxable" transaction, (i.e., if it is a gift, inherited, received through foreclosure, or is otherwise exempt by law). The local sales tax rate shall be the same for each county.
If the application is approved, fees must be certified and paid for boat certificate and title fees, which total $23.00, along with any additional approved fees. Tax collected, with the exception of the registration fee, is paid to the Department of Revenue for allocation to the state and local jurisdictions participating in the state sales tax program. Titles are completed and mailed within ten (10) days. Title fees are $15.00 for the title only, and $23.00 for both the title and registration. Annual renewal of the Certificate Number does not result in a new sticker for the vessel.
If formed or incorporated under the laws of another country, state or province, a foreign corporation shall qualify as a "dealer" or "retailer" if it is registered and is continuously engaged in the business of buying and selling watercraft to the general public in the Commonwealth. Additionally, any entity which has continually acted as a boat or watercraft builder, retailer, wholesale or commission merchant in Kentucky for at least one (1) year shall be considered a "retailer". Persons, firms, or corporations involved in commercial shellfish aquaculture, as defined in KRS Chapter 256, shall also be classified as a "retailer".
Marinas, docks or wharves ("marina operator") that use a vessel to furnish service and/or transportation to employees or patrons provided that consideration is received, are not required to pay a Certificate of Title Fee for the motorboat used. Only a Registration Fee for the motorboat will be required. In addition, a marina operator is not required to purchase a license number because the marina operator may use its registration number on the bow of the vessel.
Essential Boating Laws You Must Know
Kentucky has several key boating regulations that are important for all boaters. Some of the regulations are outlined below:
Speed Limits – The maximum speed limit for Kentucky waters is 55 m.p.h. This speed is usually only possible in larger open water, and is very rarely safe or prudent due to the amount of floating debris and the size of the many boats on Kentucky waters. It is always best to reduce your speed and reduce the likelihood of a collision.
There are many no wake zones in Kentucky. A no wake zone is a temporary regulation where the speed limit for safe operation is slow speeds so as to cause only a small wake. The purpose of all no wake zones is to reduce risk of personal injury and property damage.
There are numerous no wake zones on Kentucky Lake and Lake Barkley. This is primarily for the protection of docks, swimming areas, and structures. These no wake zones are designated with red and white bouys that are marked no wake zone – the above picture is a typical example of a no wake zone in Kentucky waters.
The operator of each motorboat must comply with the requirements of 33 U.S.C. 2009. (I have never seen any enforcement of this section.) Certain restrictions on nighttime boating and use of lights are governed by this section.
There also are noise restrictions based upon decibel levels for boat motors, and restrictions regarding wake noise from motors as well. Wildlife officers and Water Patrol Officers monitor noise levels in Kentucky and can give citations for excessive noise or motor noise.
Key Requirements for Safety Equipment
Safety Equipment and Requirements for Kentucky Boaters
As a result of the large amount of recreational boating activity that takes place in Kentucky, the requirements for safety equipment on boats are very strict. Among other things, all vessels must carry a minimum of one life jacket for each person aboard, as well as a fire extinguisher, signaling devices, and other safety equipment.
As a general rule, life jackets are required to be carried by all vessels except those vessels which do not have any persons on board, vessels that are racing in a sanctioned race, vessels less than 16 feet long, open vessels (such as canoes) unless they are in a special location that requires life jackets and personal watercraft. This rule also applies to those who are being towed on a water ski or other device.
As for signaling devices, boats 16 feet long and longer must have a United States Coast Guard approved whistle or horn , unless the vessel is in the ocean or an enclosed waterway. Those who are operating vessels that cannot make way in the water are required to have a sound device capable of producing a loud blast-probably a horn or whistle. Visual distress signals, which are of course predominantly flares, are required in Kentucky on all vessels except those under 16 feet long, unless they are within three nautical miles of shore. An exception exists for non-motorized vessels, and boats that do not have storage space for visual distress signal devices. A handy list of approved visual distress signal devices can be found online. The Kentucky boating regulations also indicate further requirements for fire extinguishers. Specifically, all vessels with mechanical engines are required to carry a United States Coast Guard approved fire extinguisher.
Safe boating also means knowing the rules of the navigation road. Boaters are required by law to obey direction, control and warning signals on the water. Therefore, as well as complying with the usual give way rules, you must obey "stop" signs and signals given by lanboars, buoys and channel markers.
Alcohol and Kentucky Boating Laws
43.830. Operating watercraft while intoxicated — Penalties.
(1) A person shall not operate or allow to be operated any watercraft in the Commonwealth where any portion of the watercraft is on, over, or adjacent to the waters of the Commonwealth in a reckless manner or while the operator:
(b) Has an alcohol concentration of 0.08 or more; or
At least one-and-one-half (1.5) ounces of liquor, or twelve (12) ounces of beer, or six (6) ounces of wine, or one (1) mixed drink shall be equivalent to 0.4 ounce by weight of pure ethyl alcohol.
(2)(a) A person who violates subsection (1) of this section shall be guilty of a misdemeanor and shall be punished by a fine of two hundred dollars ($200) for the first offense, four hundred dollars ($400) for the second offense, and not less than four hundred dollars ($400) nor more than ten thousand dollars ($10,000) for each subsequent offense. All fines provided for herein shall be paid to the clerk of the court for remittance to the State Treasurer.
(b) In addition to any other penalties prescribed by law for a first offense under subsection (1) of this section, any person convicted of such an offense shall be ordered to participate in a diversion program approved by the Department of Corrections. The diversion program shall include participation in safe boating education classes approved by the Department of Fish and Wildlife Resources.
(c) A person convicted under subsection (1)(b) of this section prior to July 15, 1998, who has previously participated in a safe boating education class pursuant to prior law, shall participate in a diversion program as provided in paragraph (b) of this subsection.
(d) The provisions of section (2)(b) shall apply to a person who:
- Is arrested for violating subsection (1) of this section on or after July 15, 1998, and
- Has previously been convicted of violating subsection (1) of this section.
- (3)(a) A person who violates subsection (1) of this section shall be guilty of a Class D felony who, within the previous five (5) years:
- Has twice been convicted of, or has entered an Alford plea to violation of subsection (1) of this section; or
- Has violated subsection (1) of this section, if such violation resulted in death or serious physical injury as defined by KRS 506.120(4) to another person.
(b) Any person who pleads guilty to or is found guilty of violating subsection (1) of this section as a result of an accident resulting in death or serious physical injury, as defined by KRS 506.120(4), to another person shall be required to:
- Undergo an evaluation, in accordance with KRS 189A.040(3), to determine whether the person is dependent upon alcohol or other drugs to the extent that the person constitutes a danger to the person and others, and
- If so determined pursuant to the evaluation conducted under paragraph (b) of this subsection, to undergo a drug or alcohol treatment program, in accordance with KRS 189A.040(3).
- (4) Nothing in this section shall permit or require the revocation or suspension of vehicular or vessel operating privileges under KRS 189A.050 or 235.240.
Environmental and Wildlife Regulations for Boaters
In addition to the Boating Laws, there are also various environmental regulations that affect all watercraft on Kentucky waters. These may include control of litter, the introduction of invasive species and the protection of wildlife and natural habitats. These regulations are not water specific, but apply to any and all state waterways and are important to be aware of in order to avoid fines and other consequences for violations.
Invasive Species: Invasive species are a major concern in Kentucky as the waterways are a prime location for invasive species to be introduced into the water and infect natural native species. To help counteract this issue, Kentucky has a number of laws in place that target the introduction of invasive species. Invasive species in Kentucky include: Since Kentucky’s waterways are of a prime location to introduce these invasive species, it is important to be aware of the steps outlined by these various statutes to avoid fines and other criminal penalties.
Wildlife Protection: Wildlife protection is another environmental concern that only adds to the number of regulations that govern watercraft in Kentucky. From birds to fish, each species may have its own set of restrictions that apply to the use of the waterways. Some general regulations that apply may include: These and other guidelines will help to protect wildlife and various other natural habitats. Failure to comply with these guidelines may result in both civil and criminal penalties, depending on the severity of the violation and the circumstances surrounding it.
Kentucky Boating Laws and Penalties
The penalties for violating Kentucky’s boating laws can vary depending on the nature of the violation. Boat operators could face civil penalties, fines, or both, as well as potential jail time for serious offenses such as operating under the influence.
Fines: Fines for boating violations in Kentucky can range from minimal amounts, like a few hundred dollars, to more significant penalties, such as $1,000 or more. Boating violations related to safety equipment or registration issues may carry lower fines, while underage drinking or boating under the influence could result in higher penalties.
Imprisonment: In cases of severe violations, such as operating a boat under the influence that results in injury or death, the operator could face jail time . This can range from up to one year for a misdemeanor to several years for felony offenses, depending on the specifics of the situation.
Impact on Boating Privileges: In addition to any potential fines or jail time, violations can also impact an individual’s ability to operate a boat. Citizens charged with violating the law could have their boating privileges suspended and/or revoked. Depending on the severity and number of violations, the individual could permanently lose their right to operate a vessel.
Legal Representation: For very serious violations such as DUI resulting in an injury or fatality, the accused may want to seek legal representation. Legal representation can help the accused understand the law, especially if the situation involves a criminal matter.