State of Michigan DEPARTMENT OF NATURAL RESOURCES Lansing
JENNIFER M. GRANHOLM governor		REBECCA A. HUMPHRIES director

BILL ANALYSIS

BILL NUMBER: House Bill 5320, As Introduced

TOPIC: Allow towing a person by operator of a personal watercraft (PWC) without a spotter under certain circumstances.

SPONSOR: Representative Nitz

CO-SPONSORS: Representatives Meekhof and Agema

COMMITTEE: Tourism, Outdoor Recreation and Natural Resources

Analysis Done: November 14, 2007

POSITION

The Department of Natural Resources does not support this bill.

PROBLEM/BACKGROUND

HB 5320 does not address any safety recommendations or regulations for operators of a PWC when towing a person. The reason that an observer is required on a vessel when towing a person is for the safety of the person(s) being towed and for the safety of all the other watercraft utilizing that same body of water, at that same time. If the PWC operators are not required to have an observer, it is Law Enforcement Division’s (LED) opinion that the safety of all of the users on the lake would be compromised.

DESCRIPTION OF BILL

House Bill 5320 allows a person operating a PWC to tow a person behind the watercraft without an observer, if the PWC is equipped with a 170 degree wide angle rearview mirror affixed in a manner that will permit the operator to observe the progress of the person being towed.

SUMMARY OF ARGUMENTS

Pro

None

Con

Operating a vessel while towing a person requires an elevated degree of skill which is why an observer is required. The exemptions mentioned in the bill under subsection

two (A) and (B) are highly skilled individuals with a required amount of experience. Operating a PWC (C) also requires a certain degree of skill which is exacerbated when towing a person. This bill does not address any experience or certification process, safety conditions or requirements for the PWC operators while towing without an observer, or for the person being towed. It is LED’s opinion that there is not a justified reason to drop the observer requirement while towing a person behind a PWC.

FISCAL/ECONOMIC IMPACT

Are there revenue or budgetary implications in the bill to the --

(a) Department

Budgetary:

None

Revenue:

None

Comments:

None

(b) State

Budgetary:

None

Revenue:

None

Comments:

None

(c) Local Government

Comments:

None

OTHER STATE DEPARTMENTS

None

ANY OTHER PERTINENT INFORMATION

The LED would like to reiterate that there has been no justified reason given to drop the observer requirement while towing a person behind a PWC, while the potential safety implications and risks may be significantly elevated.

ADMINISTRATIVE RULES IMPACT

None

_______________________________

Rebecca A. Humphries

Director

_______________________________

Date

LED