(a) The General Assembly finds and determines that:
(1) The regulation of boating and boaters in the state is the primary responsibility of the Arkansas State Game and Fish Commission under Arkansas Constitution, Amendment 35;
(2) Most boating accidents in the state are due primarily to the lack of training or the improper training of boaters;
(3) The establishment of a boater training and safety program in this state would greatly improve and facilitate boater safety in this state; and
(4) It is the purpose and intent of this section to authorize the commission to establish and operate a boater safety and training program in this state.
(b) (1) The commission is authorized and encouraged to establish, maintain, and operate a program of boater training and boater safety in this state.
(2) Beginning January 1, 2010, the program shall include without limitation:
(A) (i) A course of instruction designed to teach the safe and proper handling of motorboats, personal watercraft, and any other related matters as shall be deemed appropriate by the commission.
(ii) With regard to personal watercraft, the course of instruction shall include electronic simulation of personal watercraft operation and actual hands-on familiarization with the personal watercraft; and
(B) (i) A written examination that shows the applicant's ability to have common knowledge to exercise ordinary and reasonable control in the operation of a motorboat and a personal watercraft.
(ii) The examination shall be administered in person at a time and place designated by the commission.
(3) The course of instruction may be offered in cooperation with schools, private clubs, and organizations and may be offered by the commission in areas where requested and where other sponsorship is unavailable.
(4) The commission shall also prepare and disseminate information on water safety to the public, including informational pamphlets, which shall be made available at popular tourist locations.
(c) The commission may adopt and enforce rules and regulations it shall deem appropriate and necessary to properly carry out the purposes and intent of this section.
(d) (1) In order to operate a motorboat or a personal watercraft in Arkansas, all Arkansas residents born on or after January 1, 1986, and of legal age to operate a motorboat or personal watercraft must have successfully completed:
(A) A commission-approved safe boating course and examination under subdivision (b)(2) of this section to obtain a permanent boater education certificate; or
(B) A questionnaire to obtain a temporary boater education certificate under subsection (d)(4) of this section.
(2) The commission shall issue boating education certificates and furnish a copy of the state laws pertaining to the operation of a motorboat or personal watercraft or informational material based on these laws to persons successfully completing an approved safe boating course and examination.
(3) Valid boating education certificates issued by other states to nonresidents shall be honored by this state if the boating education course is approved by the National Association of State Boating Law Administrators.
(4) Prior to operating a motorboat or a personal watercraft on the waters of this state, a nonresident or resident born on or after January 1, 1986, and of legal age to operate a motorboat or a personal watercraft may obtain a temporary boater education certificate, which shall be valid for thirty (30) days, by completing a questionnaire developed by the commission.
(5) (A) The application of any person under eighteen (18) years of age for a permanent or temporary boater education certificate shall be signed and verified before a person authorized to administer oaths by either the custodial parent or guardian of the applicant.
(B) For purposes of this section, duly authorized agents of the commission shall be authorized to administer oaths without charge.
Section: 27-101-502 NextLast modified: November 15, 2016