Operation of certain motorboats on interstate waters of State by persons born on or after January 1, 1983: Requirements; presentation to peace officer of certain documentation; duties of certain persons engaged in business of renting or leasing motorboats.
1. A person born on or after January 1, 1983, shall not operate a motorboat that has a motor which exceeds 15 horsepower on any interstate waters of this State unless the operator:
(a) Has:
(1) Successfully completed a course in safe boating that is approved by the National Association of State Boating Law Administrators or passed a proficiency examination if the examination was proctored and tested the knowledge of information included in the curriculum of such a course; and
(2) Received a certificate as evidence of successful completion of the course or passage of the examination;
(b) Possesses a license to operate a vessel issued for maritime personnel by the United States Coast Guard pursuant to 46 C.F.R. Part 10 or an equivalent license issued by the Canadian Coast Guard;
(c) Possesses a nonrenewable temporary operator’s permit to operate the motorboat which is valid for 60 days and was issued with the certificate of number for the motorboat if the boat is new or was sold with a transfer of ownership;
(d) Possesses a rental or lease agreement provided pursuant to subsection 3 which lists the person as an authorized operator of the motorboat; or
(e) Is not a resident of this State, is at least 18 years of age, is temporarily using the interstate waters of this State for a period not to exceed 60 consecutive days and satisfies any applicable requirements of his state of residency or province relating to the operation of a motorboat.
2. A person born on or after January 1, 1983, who is operating a motorboat that has a motor which exceeds 15 horsepower on any interstate waters of this State and who is stopped by a game warden, sheriff or other peace officer in the enforcement of this chapter or the regulations adopted pursuant thereto shall present to the game warden, sheriff or peace officer:
(a) The certificate received by the person pursuant to subparagraph (2) of paragraph (a) of subsection 1;
(b) A license described in paragraph (b) of subsection 1;
(c) An operator’s permit for the motorboat described in paragraph (c) of subsection 1;
(d) A rental or lease agreement for the motorboat provided pursuant to subsection 3 which lists the person as an authorized operator of the motorboat; or
(e) Proof that he satisfies the requirements of paragraph (e) of subsection 1.
Ê Failure to present the certificate, license, permit, agreement or proof constitutes prima facie evidence of a violation of subsection 1. A person who fails to present the certificate, license, permit, agreement or proof is guilty of a misdemeanor unless he presents the required documents in court. The documents must prove that the person was operating the motorboat in compliance with this section on the date of the violation.
3. A person or his agent or employee engaged in the business of renting or leasing motorboats for operation on the interstate waters of this State shall not rent or lease a motorboat that has a motor which exceeds 15 horsepower to any person born on or after January 1, 1983, for operation on the interstate waters of this State unless the person:
(a) Is 18 years of age or older; and
(b) Signs an affidavit that he:
(1) Has successfully completed a course in safe boating that is approved by the National Association of State Boating Law Administrators or has passed a proficiency examination that was proctored and tests knowledge of the information included in the curriculum of such a course;
(2) Possesses a license to operate a vessel issued for maritime personnel by the United States Coast Guard pursuant to 46 C.F.R. Part 10 or an equivalent license issued by the Canadian Coast Guard; or
(3) Is not a resident of this State, is temporarily using the interstate waters of this State for a period not to exceed 60 consecutive days and satisfies any applicable requirements of his state of residency or province relating to the operation of a motorboat.
4. A person or his agent or employee engaged in the business of renting or leasing motorboats for operation on the interstate waters of this State shall list on each rental or lease agreement for a motorboat the name and age of each person who is authorized to operate the motorboat. The person to whom the motorboat is rented or leased shall ensure that only those persons who are listed as authorized operators are allowed to operate the motorboat. A person who is under 16 years of age may:
(a) Be listed as an authorized operator.
(b) Operate the motorboat only if an authorized operator who is 18 years of age or older is on board the motorboat and supervises the person.
5. A person or his agent or employee engaged in the business of renting or leasing motorboats for operation on the interstate waters of this State shall provide to each authorized operator of a motorboat a summary of the statutes and regulations governing the operation of a motorboat and instructions regarding the safe operation of the motorboat. Each person who is listed as an authorized operator of the motorboat shall review the summary of the statutes, regulations and instructions before the motorboat departs from the rental or leasing office.
Last modified: February 25, 2006