Bill Text: MI HB4096 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Watercraft; other; identification and lighting requirements for barges; exempt certain barges. Amends sec. 80143 of 1994 PA 451 (MCL 324.80143).
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2013-01-29 - Printed Bill Filed 01/25/2013 [HB4096 Detail]
Download: Michigan-2013-HB4096-Introduced.html
HOUSE BILL No. 4096
January 24, 2013, Introduced by Reps. MacMaster and Lauwers and referred to the Committee on Regulatory Reform.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 80143 (MCL 324.80143), as added by 2012 PA 59.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 80143. (1) The owner of a barge shall place his or her
name, address, and telephone number on a prominent place on the
hull of the barge in letters that are light-reflective, in a
contrasting color to the hull, and not less than 6 inches in
height.
(2) In addition to the other lighting requirements of this
chapter
part and subject to subsection (3), the operator of a
barge
shall ensure that the barge is properly lit with 4 or more white
lights during the period from sunset to sunrise and as practicable
during all periods of limited visibility if any of the following
apply:
(a) The barge projects into a restricted channel or into a
channel established by buoys.
(b) The barge is moored so that it reduces the available
navigable width of a channel.
(c) The barge is not parallel to the bank or dock to which it
is moored.
(d) The barge is moored as part of a group of 2 or more
barges.
(3) The lights on a barge described in subsection (1) shall be
placed as follows if either of the following applies:
(a) If the barge or group formation of barges is positioned so
that vessels may navigate on 1 or more sides of the barge or group
formation of barges, the lights shall be displayed on each outside
corner of the barge or group formation of barges.
(b) If the barge projects from a group formation of barges,
the lights shall be displayed on the corners of the projecting
barge that are outboard of the group.
(4) Lights used under this section shall meet the requirements
of R 281.1233 of the Michigan administrative code and shall be
positioned in such a manner and be of sufficient intensity as to be
visible from any direction for at least 1 nautical mile at night
under clear conditions.
(5) A group of barges shall not be moored together if the
total width of those barges would exceed 82 feet.
(6) Subsections (1) through (5) do not apply to any of the
following:
(a) A barge or group of barges moored in a slip or slough used
primarily for mooring purposes.
(b) A barge or group of barges moored behind a pierhead.
(c) A barge less than 20 meters in length when moored in a
special anchorage area designated under 33 CFR 109.10.
(7) (6)
The department or a local authority
may order a vessel
moored in violation of this section that poses a hazard to
navigation to be immediately moved and, if the vessel is not moved
as ordered, may move or cause the vessel to be moved, with the
owner
subject to the payment of costs under subsection (8) (9).
(8) (7)
A person who violates this section
is guilty of a
misdemeanor punishable by imprisonment for not more than 90 days or
a fine of not more than $10,000.00, or both. For purposes of this
subsection, each 24-hour period that a violation exists constitutes
a separate violation.
(9) (8)
The court shall order a person
convicted of violating
this section to pay the actual and reasonable costs incurred by
this state or a local unit of government in moving a vessel under
subsection
(6) (7).
(10) (9)
As used in this section:
(a) "Barge" means a flat-bottomed displacement vessel that is
used to carry cargo or as a work platform, whether or not it
operates under its own power.
(b) "Operator" includes a person in command of a barge while
it is moored.
