Michigan Compiled Laws
451-1994-III-4-5-801 - Part 801 Marine Safety (324.80101...324.80199)
Section 324.80197 - Impoundment of Vessel; Order; Execution; Liability for Expenses; Rights of Conditional Vendor, Chattel Mortgagee, or Lessor of Vessel.

Sec. 80197.
(1) When a person is convicted under section 80196(1), the vessel, if it is owned in whole or in part by that person, shall be ordered impounded for not less than 30 or more than 120 days from the date of judgment. An order of impoundment issued pursuant to this subsection is valid throughout the state. Any peace officer may execute the impoundment order. The order shall include the implied consent of the owner of the vessel to the storage for insurance coverage purposes.
(2) The owner of a vessel impounded pursuant to this section is liable for expenses incurred in the removal and storage of the vessel whether or not the vessel is returned to him or her. The vessel shall be returned to the owner only if the owner pays the expenses for removal and storage. If redemption is not made or the vessel is not returned as provided in this section within 30 days after the time set in the impoundment order for return of the vessel, the vessel shall be considered abandoned.
(3) Nothing in this section affects the rights of a conditional vendor, chattel mortgagee, or lessor of a vessel registered in the name of another person as owner who becomes subject to this part.
History: Add. 1995, Act 58, Imd. Eff. May 24, 1995 Popular Name: Act 451Popular Name: Marine Safety ActPopular Name: NREPA

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Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 324 - Natural Resources and Environmental Protection

Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106)

Article III - Natural Resources Management (324.30101...324.83109)

451-1994-III-4 - Chapter 4 Recreation (324.70101...324.83109)

451-1994-III-4-5 - Subchapter 5 Watercraft and Marine Safety (324.80101...324.80322)

451-1994-III-4-5-801 - Part 801 Marine Safety (324.80101...324.80199)

Section 324.80101 - Definitions; a to C.

Section 324.80102 - Definitions; D to L.

Section 324.80103 - Definitions; M to O.

Section 324.80104 - "Highly Restricted Personal Information" Defined; Definitions; P to W.

Section 324.80105 - Application of Part.

Section 324.80106 - Administration of Part; Advisory Representative.

Section 324.80107 - Review of Boating Accidents, Safety Education Programs, and Policies.

Section 324.80108 - Regulations of Waterborne Vehicles; Exclusive Diving, Fishing, Swimming or Water Ski Areas; Special Local Regulations.

Section 324.80108[1] - Lists of Information; Sale Prohibited.

Section 324.80108a - Operation of Airboat Within Certain Distance of Residence; Limitation; Exceptions.

Section 324.80109 - Rules; Subsection (1) Inapplicable to Special Local Rules.

Section 324.80110 - Special Rules for Vessels, Water Skis, Water Sleds, Aquaplanes, Surfboards, or Other Similar Contrivances; Investigations and Inquiries; Preliminary Report; Notice of Public Hearing; Presentation of Views by Interested Persons; De...

Section 324.80111 - Proposed Local Ordinance; Submission to Governing Body; Approval or Disapproval; Enactment; Enforcement.

Section 324.80112 - Special Local Ordinances; Request for Assistance; Form; Receipt of Resolution by Department.

Section 324.80112a - Temporary Ordinance for Use of Vessels on a Water Body; Application; Information Required; Investigation; Notice; Expiration; Right to Appeal.

Section 324.80113 - Enforcement of Local Ordinances; Existing Rules; Enactment of Statutory Provisions as Ordinance.

Section 324.80114 - Rules; Violation; Fine.

Section 324.80114a - Prohibition Against Operation of Motorized Vessel; Exemption; Marine Exemption Certificate; Physician's Attestation.

Section 324.80115 - Disposition of Revenues; Credit to Waterways Account; Appropriation; Fees.

Section 324.80116 - Boating Safety Program; Compliance With Rules; Federal Financial Assistance.

Section 324.80117 - Marine Safety Program; State Aid; Formula; Limitation on Determination; Use; Statement of Expenditures.

Section 324.80118 - Allocation of State Aid to Counties.

Section 324.80119 - Marine Safety Program; Audits of County Records; Refunds to State.

Section 324.80120 - Marine Safety Program; Cooperation With County Sheriffs; Records; Reports.

Section 324.80121 - Rules.

Section 324.80122 - Conditions to Operation of Vessels; Violation; Fine.

Section 324.80123 - Exemption.

Section 324.80124 - Application for Certificate of Number; Certificate of Title; 15-Day Permit; Fee; "The Length of Vessel" Defined; Tax Exemption; Issuance; Delinquent Fee or Tax; Penalty; Retention of Certificate of Number on Shore; Contents of Lea...

Section 324.80124a - Great Lakes Protection Specialty Watercraft Decal.

Section 324.80124b - Great Lakes Protection Specialty Watercraft Decal; Use of Money Received From Sale; Definitions.

Section 324.80125 - Notice of Destruction or Sale of Vessel; Transfer of Vessel; Change of Address; Surrender of Certificate; Cancellation of Certificate and Reassignment of Number; Certificate for Replacement Vessel; Refund; Recording New Address an...

Section 324.80126 - Dealer Certificates of Number and Dealer Decals.

Section 324.80127 - Payment of Fee by Credit Card or Check.

Section 324.80128 - Secretary of State; Certificate of Number.

Section 324.80129 - Maintenance of Records; Availability to the Public.

Section 324.80130 - Commercial Lookup Service of Records; Disposition of Fees; Computerized Central File; Purpose; Creation; Maintenance; Providing Records to Nongovernmental Person or Entity; Payment; Admissibility in Evidence.

Section 324.80130a - Disclosure of Information Prohibited; Exceptions.

Section 324.80130b - Resale or Redisclosure of Personal Information; Maintenance of Records; Duration; Availability for Inspection.

Section 324.80130c - Furnishing List of Information to Federal, State, or Local Governmental Agency; Contract for Sale of List of Information; Insertion of Safeguard in Agreement or Contract; Resale or Redisclosure of Information; Disclosure of List...

Section 324.80130d - Prohibited Conduct; Violations as Felony; Penalties.

Section 324.80130f - Abandonment of Vessel Prohibited; Presumption; Violation; Civil Infraction; "Abandoned Vessel" Defined; Determination That Vessel Not Stolen; Duties of Police Agency; Notice of Abandoned Vessel; Duties of Secretary of State; Requ...

Section 324.80130g - Definitions; Unregistered Abandoned Scrap Vessel; Custody; Duties of Police Agency; Release of Vessel to Towing Service; Certificate of Scrapping; Retention of Records; Abandonment of Vessel on Private Property; Notice of Abandon...

Section 324.80130h - Determination That Vessel Not Stolen; Immediate Removal From Public or Private Property; Arrival of Owner Before Towing or Removal; Entering Vessel in Law Enforcement Information Network as Abandoned; Release of Vessel to Owner;...

Section 324.80130i - Courts; Jurisdiction; Venue; Use of Bond to Pay Towing and Storage Fees; Exclusive Remedies.

Section 324.80130j - Filing of Petition by Owner of Vessel; Duties of Court; Burden of Showing Compliance With Act; Decision of Court.

Section 324.80130k - Public Sale of Abandoned Vessel.

Section 324.80130l - Abandoned Vessel, Orv, and Snowmobile Fund.

Section 324.80130m - Towing or Storage Fees.

Section 324.80130n - Applicability of MCL 324.80130f and 324.80130g.

Section 324.80130o - Notice of Towing or Removal of Vessel; Posting; Requirements; Use of Term "vehicles."

Section 324.80130p - Applicability of MCL 324.80130o.

Section 324.80131 - Violation of Part or Ordinance; Record of Charge or Citation; Forwarding Abstracts or Report to Secretary of State; Statement; Certification; Noncompliance; Public Inspection; Basis for Issuing Order; Transmitting and Entering Ord...

Section 324.80132 - Applicability of MCL 324.80134 and 324.80135; Applicability of Section.

Section 324.80133 - Casualty Involving Vessel; Assistance to Injured Persons.

Section 324.80134 - Casualties Involving Vessels; Exchange of Identification.

Section 324.80134a - Accident Involving Serious Impairment of Body Function or Death; Remaining at Scene of Accident; Violation as Felony; “Serious Impairment of a Body Function” Defined.

Section 324.80135 - Casualty Involving Vessel; Report.

Section 324.80136 - Peace Officer Receiving Report or Investigating Casualty Involving Vessel; Report to Department and County Sheriff; Form and Contents.

Section 324.80137 - Casualty Reports Involving Vessel; Use; Fee; Copies; Admissibility in Court.

Section 324.80138 - Transmission of Information for Analytical or Statistical Purposes.

Section 324.80139 - Rules.

Section 324.80140 - Educational Programs; Establishment; Youthful Boat Operators Training Program; Certificates of Completion; Information to Be Included in Program.

Section 324.80141 - Operation of Motorboat by Person Less Than 12 Years of Age; Operation of Motorboat by Person on or After July 1, 1996; Certification Required; Electronic Verification; Consent to Search; Liability.

Section 324.80142 - Wearing of Personal Flotation Device by Child Required; Exception; “Charter Boat” and “Class C Vessel” Defined; Violation; Fine.

Section 324.80143 - Barge; Lights; Number; Placement; Position; Barges Moored Together; Limitation; Order to Move Moored Vessel; Violation as Misdemeanor; Penalty; Costs; Definitions.

Section 324.80143a - Carrying, Storing, Maintaining, and Using Marine Safety Equipment Onboard Vessel; Violation as Civil Infraction; Fine.

Section 324.80144 - Operation of Vessels; Rules; Violation; Fine.

Section 324.80145 - Operation of Vessels; Speed; Interference With Use of Waters by Others; Violation; Fine.

Section 324.80146 - Maximum or Unlimited Vessel Speed; Rules; Maximum Vessel Speed Where Limits Not Established; Exceptions; Resolution Requesting Reduction in Maximum Speed Limit; Emergency Conditions; Temporary Speed Limit Requirements; Time Limita...

Section 324.80147 - Reckless Operation of Vessels; Penalty.

Section 324.80148 - Operating Motorboat at More Than Slow—no Wake Speed; Prohibitions; Exceptions.

Section 324.80149 - Operation of Vessels in Counter-Clockwise Fashion; Distance Between Persons Being Towed and Other Objects; Exception; Violation as Misdemeanor; Violation as Civil Infraction; Fine.

Section 324.80150 - Operation of Vessels; Prohibited in Certain Areas.

Section 324.80151 - Towing of Persons; Prohibited Time; Violation; Fine.

Section 324.80152 - Towing or Assisting Person Prohibited; Exceptions; Violation; Fine; Subsections (1) and (3) Inapplicable Under Certain Conditions; Standards; Rules; Certification; Information to Be Provided; Specification of Bodies of Water for U...

Section 324.80153 - Vessels; Use of Portions Unintended for Occupancy Prohibited; Exceptions.

Section 324.80154 - Interference With Operation of Vessel by Nonoccupant.

Section 324.80155 - Divers; Marking Point of Submergence; Distance From Diver's Flag.

Section 324.80156 - Motorboat; Muffler or Underwater Exhaust System Required; Maximum Sound Levels; Test and Maximum Decibel Levels; New Motorboat to Comply With Prescribed Sound Levels; Exceptions; “Db(a)” Defined; Violation and Penalties.

Section 324.80157 - Liability of Vessel Owner for Negligent Operation; Presumption of Consent to Use.

Section 324.80158 - Responsibility of Vessel Owner for Damage Caused by Vessel Wake.

Section 324.80159 - Buoys or Beacons; Permit for Placement; Application; Revocation; Removal.

Section 324.80160 - Buoys or Beacons; Uniform Marking System.

Section 324.80161 - Buoys or Beacons; Compliance With Federal Law or Regulations; Permits.

Section 324.80162 - Buoys or Beacons; Use as Moorings; Moving, Removal or Damaging.

Section 324.80163 - Anchored Raft or Other Item or Material; Relocation or Removal as Navigation Hazard; Costs; Failure to Pay; Lien.

Section 324.80164 - Regattas; Rules; Permit; Authorization; Applications.

Section 324.80164a - Personal Flotation Device and Throwable Flotation Device; Exception From Requirements.

Section 324.80165 - Regattas, Races, or Trials; Compliance With Federal Law or Regulation; Permit; Waiver.

Section 324.80166 - Peace Officers; Stopping of Vessels; Duty of Operator; Reasonable Suspicion; Furnishing False Information as Misdemeanor; Arrest Without Warrant.

Section 324.80166a - Agreement With United States Coast Guard.

Section 324.80167 - Arrest Without Warrant; Cases in Which Arrested Person Arraigned by Magistrate or Judge.

Section 324.80168 - Arrest Without Warrant; Notice to Appear in Court; Time; Place; Appearance; Acceptance of Pleas.

Section 324.80169 - Arrest Without Warrant; Nonresidents; Recognizance; Receipt and Summons; Failure to Appear; Deposit of Money; Report; Embezzlement.

Section 324.80170 - Violation by Officer, Magistrate, or District Court Judge as Misconduct in Office; Removal From Office; Applicability and Construction of MCL 324.80168 and 324.80169.

Section 324.80171 - Violation of Part or Rules; Penalties.

Section 324.80172 - Negligent Crippling or Death; Penalty.

Section 324.80173 - Felonious Operation of Watercraft; Penalty.

Section 324.80174 - Negligent Homicide Included in Charge of Manslaughter.

Section 324.80175 - Nonresidents; Secretary of State as Attorney for Service of Summons; Service; Procedure; Sufficiency; Death; Appointment of Secretary of State as Attorney; Abatement of Actions; Costs; Applicability to All Courts.

Section 324.80176 - Operation of or Authorizing Operation of Motorboat While Under Influence of Alcoholic Liquor or Controlled Substance Prohibited; Visible Impairment; Violation as Felony; Penalty; "Serious Impairment of a Body Function" Defined; Op...

Section 324.80177 - Violation of MCL 324.80176(1); Sanctions; Costs.

Section 324.80178 - Violation of MCL 324.80176(3); Sanctions; Costs.

Section 324.80178a - Violation of MCL 324.80176(6); Sanctions; Costs.

Section 324.80178b - Violation of MCL 324.80176(7)(a) or 324.80176(7)(b); Sanctions; Costs.

Section 324.80179 - Enhanced Sentencing Based on Prior Convictions; Conditions; Attempted Violation of MCL 324.80176(1), MCL 324.80176(3), or Local Ordinance.

Section 324.80180 - Peace Officer; Arrest Without Warrant; Reasonable Cause; Conditions; Returning Motorboat and Occupants to Shore; Effect of Not Charging Person Receiving Citation.

Section 324.80181 - Chemical Test and Analysis of Blood, Urine, or Breath; Collection of Sample or Specimen; Application of Administrative Rules.

Section 324.80182 - Chemical Test; Administration at Request of Peace Officer, During Medical Treatment, or by Medical Examiner if Operator of Vessel Is Deceased; Procedures.

Section 324.80183 - Chemical Test; Introduction of Other Competent Evidence; Availability of Test Results.

Section 324.80184 - Refusal to Submit to Chemical Test as Admissible Evidence.

Section 324.80185 - Advising Defendant of Penalties and Sanctions; Ordering Screening, Assessment, and Rehabilitative Services.

Section 324.80186 - Sentencing as Multiple Offender; Consideration of Prior Convictions; Sanctions.

Section 324.80187 - Consent to Chemical Tests of Blood, Breath, or Urine; Circumstances; Exception; Administration.

Section 324.80188 - Refusal to Submit to Chemical Test at Request of Peace Officer; Obtaining Court Order; Forwarding Report to Secretary of State.

Section 324.80189 - Refusal to Submit to Chemical Test; Notice of Right to Request Hearing.

Section 324.80190 - Refusal to Submit to Chemical Test; Failure to Request Hearing; Manner and Conditions of Hearing if Requested; Record of Proceedings; Order; Petitions to Review Order or to Review Determination of Hearing Officer.

Section 324.80191 - Order Not to Operate Vessel on Waters of State; Convictions Requiring Issuance of Order by Secretary of State; Effectiveness of Order if More Than 1 Conviction Resulting From Same Incident.

Section 324.80192 - Convictions Requiring Order With No Expiration Date; Terminating Order; Multiple Convictions From Same Incident; Judicial Review.

Section 324.80193 - Failure to Answer Citation or Notice to Appear in Court or Comply With Judgment or Order; Notice of Issuance of Order Without Expiration Date; Conditions Terminating Order.

Section 324.80194 - Petition for Review of Determination; Order Setting Cause for Hearing; Service; Authority and Duty of Court; Applicability of Section.

Section 324.80195 - Petition for Stay of Order; Entering Ex Parte Order; Terms and Conditions; Exception.

Section 324.80196 - Person Subject to Order Not to Operate Vessel on Waters of State; Prohibited Conduct; Violation of Subsection (1) as Misdemeanor; Penalty; Extending Length of Order; Obtaining and Furnishing Boating Record; Applicability of Sectio...

Section 324.80197 - Impoundment of Vessel; Order; Execution; Liability for Expenses; Rights of Conditional Vendor, Chattel Mortgagee, or Lessor of Vessel.

Section 324.80197a - Conviction Based on Plea of Nolo Contendere.

Section 324.80198 - Administrative Order Processing Fee; Disposition and Allocation.

Section 324.80198a - Public Dock, Pier, Wharf, or Retaining Wall; Entry or Use Prohibited Under Certain Wind Conditions; Barricades; Notice.

Section 324.80198b - Public Bathing Beaches; Buoys Required; Prohibited Swimming Area; Exception; Violation; Fine.

Section 324.80199 - Part Not to Affect Owner's Rights Under Laws of United States.