Section R12-4-516. Watercraft Sound Level Restriction

A.      A person shall not operate a watercraft upon the waters of this state if the watercraft emits a noise level that exceeds any of the following.

1.        A noise level of 86 dB(A), measured at a distance of 50 feet or more from the watercraft on the “A” weighted scale of a sound level instrument that conforms to recog- nized industry standards and is maintained according to the manufacturer’s instructions.

2.        For engines manufactured:

a.         Before January 1, 1993, a noise level of 90 dB(A) when subjected to the Society of Automotive Engi- neers Recommended Practice stationary sound level test SAEJ2005, revised July 2004 and containing no later editions or amendments; and

b.        On or after January 1, 1993, a noise level of 88 dB(A) when subjected to the Society of Automotive Engineers Recommended Practice stationary sound level test SAEJ2005, revised July 2004 and contain- ing no later editions or amendments; or

3.        A noise level of 75 dB(A) measured as specified in the Society of Automotive Engineers Recommended Practice shoreline sound test SAEJ1970, revised September 2003 and containing no later editions or amendments.

B.       The materials incorporated by reference in subsection (A) may be viewed at any Department office and are available for pur- chase from SAE International, 400 Commonwealth Dr, War- rendale, PA 15096-0001 or online at www.sae.org.

C.      A measurement of noise level that is in compliance with this Section does not preclude the conducting of a test or multiple tests of noise levels.

D.      A peace officer authorized to enforce the provisions of this Section who has reason to believe a watercraft is being oper- ated in violation of the noise levels established in this Section may direct the operator of the watercraft to submit the water- craft to an onsite test to measure noise level.

E.       An operator of a watercraft who receives a request from a peace officer to test the noise level of the watercraft under sub- section (D) shall allow the watercraft to be tested. If, based on

a measurement or test to determine the noise level of a water- craft administered under this Section, the noise level of the watercraft exceeds one or more of the decibel level standards in subsection (A), the operator of the watercraft shall take immediate measures to correct the violation as prescribed under A.R.S. § 5-391(C).

F.       This Section shall not apply to watercraft operated under per- mits issued in accordance with A.R.S. § 5-336(C).

Historical Note

Former Section R12-4-82 renumbered as Section R12-4- 516 without change effective August 13, 1981 (Supp. 81-

4). Amended by final rulemaking at 13 A.A.R. 4511,

effective February 2, 2008 (Supp. 07-4). Amended by

final rulemaking at 19 A.A.R. 597, effective July 1, 2013

(Supp. 13-1).