Bill Text: HI HB83 | 2010 | Regular Session | Introduced
Bill Title: Motorboats; Safety Education
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [HB83 Detail]
Download: Hawaii-2010-HB83-Introduced.html
Report Title:
Motorboats; Safety Education
Description:
Requires operators of motorboats and thrillcraft in the State to complete a boater safety course.
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
83 |
|
TWENTY-FIFTH LEGISLATURE, 2009 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO MOTORBOATS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 200, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:
"Part . MANDATORY BOATING SAFETY EDUCATION ACT
§200-A Definitions. As used in this part, unless the context otherwise requires:
"Certificate" means a boating education safety certificate issued as evidence of successful completion of a course in safe boating or successful passage of an equivalency examination.
"Department" means the department of land and natural resources.
"Operate" or "operating" means to navigate or otherwise control the movement of a vessel, including control of the vessel's propulsion system.
"Operator" means the person who navigates or is otherwise in control or in charge of the movement of a vessel, including control of the vessel's propulsion system.
"Person" means any natural person or individual.
"Motorboat" means a recreational vessel propelled in whole or in part by machinery, including a recreational vessel temporarily equipped with a detachable engine.
"Vessel" means every description of watercraft, other than a seaplane, used or capable of being used as a means of transportation on the water.
"Waters of the State" means any waters within the jurisdiction of the State.
§200-B Applicability. This part shall apply to persons:
(1) Less than twenty years of age, one year after the effective date of this part;
(2) Less than thirty years of age, two years after the effective date of this part;
(3) Less than forty years of age, three years after the effective date of this part;
(4) Less than fifty years of age, four years after the effective date of this part;
(5) Less than sixty years of age, five years after the effective date of this part; and
(6) Sixty years of age or older, six years after the effective date of this part.
§200-C Operator requirements. (a) A person shall not operate a motorboat on any waters of the State unless the operator:
(1) Has successfully completed a course in safe boating that is approved by the National Association of State Boating Law Administrators and certified by the State or passed an equivalency examination if the examination was proctored and tests the knowledge of information included in the curriculum of such a course; and has received a certificate as evidence of successful:
(A) Completion of the state-certified course; or
(B) Passage of the equivalency examination,
approved by the National Association of State Boating Law Administrators;
(2) Possesses a valid license to operate a vessel issued for maritime personnel by the United States Coast Guard pursuant to title 46, Code of Federal Regulations, part 10 or a marine certificate issued by the Canadian government;
(3) Possesses a state-approved non-renewable temporary operator's permit to operate a motorboat that is valid for sixty 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;
(4) Possesses a rental agreement or lease agreement, provided pursuant to section 200-E, that lists the person as an authorized operator of the motorboat;
(5) Is not a resident of this State, is temporarily using the waters of this State for a period not to exceed sixty days, and meets any applicable requirements of the person's state of residency or possesses a Canadian pleasure craft operator's card; or
(6) Is a person who operates a vessel under supervised training, as authorized by the State.
(b) A person under twelve years of age shall not operate a motorboat on the waters of the State unless accompanied on-board and directly supervised by a person eighteen years of age or older who holds a certificate as evidence of successful:
(1) Completion of the state-certified course; or
(2) Passage of the equivalency examination,
approved by the National Association of State Boating Law Administrators.
§200-D Compliance; penalties for violation. (a) A person who is operating a motorboat on any waters of the State and who is stopped by a law enforcement officer in the enforcement of this part, or rules adopted pursuant to this part, shall present to the officer evidence that the requirements of section 200-C have been met. Failure to present the evidence that the requirements of section 200-C have been met shall constitute prima facie evidence of a violation of this part.
(b) A person who:
(1) Alters, forges, counterfeits, or falsifies a certificate or other document used as evidence that the requirements of section 200-C have been met;
(2) Possesses a certificate or other document that has been altered, forged, counterfeited, or falsified; or
(3) Loans or permits their certificate or other document to be used by another person;
shall be guilty of a misdemeanor.
(c) No person charged with violating this section shall be convicted if the person produces in court, or proves from the proper official or other records that the person was the holder of a certificate or other document as required by this section theretofore issued to the person and valid at the time of the person's arrest.
(d) In any proceeding for a violation of this part, the court may suspend all or part of the fine to be imposed on the defendant if the defendant completes the safe boating education course approved by the National Association of State Boating Law Administrators and certified by the State within the time limits imposed by the court.
(e) The court may prohibit a person who is found to have violated any of the provisions of this part from operating a motorboat upon the waters of the State until the person successfully completes the safe boating education course approved by the National Association of State Boating Law Administrators and certified by the State.
§200-E Requirements for motorboat rental and leasing businesses. (a) A person or the person's agent or employee engaged in the business of renting or leasing motorboats for periods not exceeding thirty days shall not rent or lease a motorboat to any person for operation on the waters of the State unless the person:
(1) Meets the provisions of section 200-C; and
(2) Is eighteen years of age or older.
(b) A person or the person's agent or employee engaged in the business of renting or leasing motorboats 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.
(c) A person or the person's agent or employee engaged in the business of renting or leasing motorboats shall provide to each authorized operator of a motorboat a summary of the statutes and rules 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, rules, and instructions before the motorboat departs from the rental or leasing office.
(d) A person or the person's agent or employee engaged in the business of renting or leasing motorboats may utilize a rental safety checklist that highlights the most important boating safety rules and requires the person to whom the motorboat is rented to initial each section to prove that the person read it and is aware of the safety issues.
§200-F Rules. The department shall adopt rules pursuant to chapter 91 to implement this part, including provisions for issuance of certificates, duplicate certificates, record keeping, cooperative agreements, name and address changes, the establishment of fees for boating safety courses and certificates, and equivalency exam criteria.
§200-G Short title. This part may be cited as the Mandatory Boating Safety Education Act."
SECTION 2. Section 200-37, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) No person shall operate a thrill craft unless the person is fifteen years of age or older and has successfully completed a course in safe boating as described in section 200-C(a)(1)."
SECTION 3. In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
|
INTRODUCED BY: |
_____________________________ |
|
|
|
