10.107 - SPEEDING IN RESTRICTED AREAS
Violations of "Statute 10.107" results in an Infraction and a fine of $250.
(a) Definitions
Speeding in restricted areas involves exceeding the speed limit in designated areas where speed limits are enforced to protect public safety and the environment.
Types of Restricted Areas
No Wake Zones: Areas where vessels must operate at low speeds to prevent wake damage.
Speed Limit Zones: Specific zones where speed limits are established for safety reasons.
Zones are marked by specific bouys in water.
(b) Elements
The following elements must be met to constitute speeding in restricted areas:
The defendant operated a vessel in a restricted area with established speed limits.
The vessel exceeded the posted speed limit or operating restrictions.
The infraction occurred within the restricted area as defined by regulations.
(c) Defenses
Defenses against a charge for failing a boating safety inspection may include:
It shall be a defense if the defendant can prove that the vessel was not exceeding the speed limit or that any excess speed was due to unavoidable circumstances.
Evidence that the speed limit was not clearly posted or communicated may also serve as a defense.
(d) Aggravating Factors
The following aggravating factors may influence the severity of penalties or sanctions for this charge:
Aggravating factors such as speeding in high-traffic areas or contributing to a hazardous situation may result in increased penalties or additional actions as determined by the court.
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