NOISE CONTROL; ENVIRONMENTAL PROTECTION DEPARTMENT; BOATS; BOATING;

POLLUTION - NOISE; BOATS AND BOATING;

Connecticut laws/regulations;

You asked for information about boat engine noise and wake speed on the Connecticut River, including statutes, regulations, and enforcement for both topics.

SUMMARY

The state sets acceptable noise levels for motorboats based on national standards. Boaters must observe speed limits and are responsible for damage caused by their wake. Specific speed limits apply for the Connecticut River as well as general rules about speed and wake. Violators are subject to penalties, with additional penalties for reckless boating and reckless boating under the influence.

MOTORBOAT NOISE

The state sets acceptable noise levels for, and requires mufflers on, motorboats (CGS § 15-129b – m). The Department of Environmental Protection (DEP) determined acceptable noise or decibel (dB(A)) levels based on American Society of Automotive Engineers’ national standards. Manufacturers meet these standards in producing motors.

DEP, state, and municipal police can enforce the noise limits. (On a lake, lake police can also enforce noise limits. ) For more information, see attachment 1 or click OLR Report 2002-R-0633.

WAKE AND SPEED ON THE CONNECTICUT RIVER

Boaters are responsible for damage caused by their wake and must follow posted speed limits. Unless posted otherwise, the Connecticut River speed limit is 45 miles per hour (MPH) weekdays, 30 MPH weekends and holidays from the Saturday before Memorial Day through Labor Day, and 45 MPH the rest of the year, according to the Department of Environmental Protection’s 2003 Boaters Guide . pdf, which also describes areas where slower speeds are required. Attachment 2 is a copy of DEP’s 2003 Boater’s Guide (see page 54).

Additionally, no one may operate a motorboat at a speed above six MPH within 100 feet of shore, dock or a pier, float, or anchored or moored vessel, unless taking off or landing a water-skier. When within 100 feet of buoys marking a restricted swimming or boat access area, a vessel must be operated at the minimum speed necessary to steer it and make forward progress (see page 38 of the 2003 Boater’s Guide).

Speeding fines vary on the Connecticut River depending on the location. In general, speeding violations are infractions that draw an $ 80 fine (CGS § 15-139 (b)). Speeding in confined or restricted areas, as well as skiing at prohibited times or in restricted areas, among other actions, can also be construed as reckless or negligent operation.

Reckless Operation

Reckless operation is the failure to exercise the degree of care necessary to prevent endangering another person or anyone’s property. A person commits reckless operation in the first degree when he operates a vessel at such speed or maneuvers a vessel in such a manner as to result in death, serious physical injury, or damage to property over $ 1,000. A second-degree offense is one that endangers anyone’s life, limb, or property (CGS § 15-140k-n).

Penalties, reckless boating with an elevated BAC or under the influence, and PA 03-244. First degree reckless operation can carry a fine of $ 1,000, imprisonment up to six months, or both. A second-degree offense carries a $ 120 fine. Anyone guilty of reckless operation of a vessel in the first degree or second degree with elevated blood alcohol content (BAC), while under the influence of intoxicating liquor or any drug, or both, may be fined, imprisoned, or both.

Public Act 03-244, AAC Boating Safety, which takes effect October 1, 2003, modifies the scope and increases the penalty for reckless boating under the influence. Under prior law, a person was guilty of this crime in the 1^st degree if he (1) operated a boat while under the influence (i. e. , had a BAC of . 10% or higher) and (2) killed or seriously injured someone or caused more than $ 1,000 in property damage. The act eliminates the specific BAC standard for operating under the influence and extends the law to cover cases in which the boater has an elevated BAC. It also raises the property damage threshold to $ 2,000. Under prior law, the penalty for this crime was a fine of $ 500 to $ 1,000, imprisonment for up to one year, or both. The act increases the fine to $ 2,500 to $ 5,000 and prison term up to two years.

Under prior law, the crime of reckless operation in the 2^nd degree applied to people who operated boats while under the influence (. 10% BAC or higher) in a way that endangered another person's life, limb, or property. The act extends this provision to people boating with an elevated BAC. Under prior law, the penalty was a fine of $ 250 to $ 500, imprisonment for up six months, or both. The act increases the fine to $ 500 to $ 1,000.

Under prior law, a boat operated by a person arrested for 2^nd degree reckless boating under the influence had to be impounded for 24 hours after the arrest. The act allows, but does not require, boats to be impounded for 48 hours or more. It extends this option to any boat whose operator was arrested for 1^st degree reckless boating under the influence after being involved in a boating accident.

BOATING REGULATIONS – ENFORCEMENT

Several different agencies enforce Connecticut’s statutes and regulations and federal navigational laws. The U. S. Coast Guard patrols federal waters (Long Island Sound) and enforces federal laws. Municipal police officers, state conservation officers, town marine officers, lake patrolmen, and certified harbormasters are empowered to enforce state boating regulations. In their jurisdiction, enforcement officers have authority to stop and board boats to check for compliance with federal or state law or to search without warrant, on probable cause, whether other laws have been violated.

Law enforcement vessels engaged in enforcement activities may display a flashing blue light or audible signal. When operators see a vessel with flashing blue lights or hear an audible signal, they must slow down, yield right of way, or if signaled to do so, stop their vessels.

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