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| 1 | AN ACT concerning transportation.
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| 2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
| 3 | represented in the General Assembly:
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| 4 | Section 5. The Boat Registration and Safety Act is amended | |||||||||||||||||||
| 5 | by changing Sections 1-2, 2-2, 3-11, 4-2, 4-4, 4-11, 5-13, | |||||||||||||||||||
| 6 | 5-18, 7-1, and 7-2 and by adding Sections 5-24 and 5-25 as | |||||||||||||||||||
| 7 | follows:
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| 8 | (625 ILCS 45/1-2) (from Ch. 95 1/2, par. 311-2) | |||||||||||||||||||
| 9 | Sec. 1-2. Definitions. As used in this Act, unless the | |||||||||||||||||||
| 10 | context clearly requires a different meaning: | |||||||||||||||||||
| 11 | "Airboat" means a vessel that is typically flat-bottomed | |||||||||||||||||||
| 12 | and propelled by an aircraft-type propeller powered by an | |||||||||||||||||||
| 13 | engine. | |||||||||||||||||||
| 14 | "Boating accident" means a collision, accident, or | |||||||||||||||||||
| 15 | casualty involving a vessel in or upon, or entering into or | |||||||||||||||||||
| 16 | exiting from, the water, including capsizing, collision with | |||||||||||||||||||
| 17 | another vessel or object, sinking, personal injury, death, | |||||||||||||||||||
| 18 | disappearance of a person from on board under circumstances | |||||||||||||||||||
| 19 | that indicate the possibility of death or injury, or property | |||||||||||||||||||
| 20 | damage to any vessel or dock. | |||||||||||||||||||
| 21 | "Competent" means capable of assisting a water skier in | |||||||||||||||||||
| 22 | case of injury or accident. | |||||||||||||||||||
| 23 | "Consideration" means an economic benefit, inducement, | |||||||||||||||||||
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| 1 | right, or profit, including pecuniary payment accruing to an | ||||||
| 2 | individual, person, or entity, but not including a voluntary | ||||||
| 3 | sharing of the actual expense of the voyage, by monetary | ||||||
| 4 | contribution or donation of fuel, food, beverage, or other | ||||||
| 5 | supplies. | ||||||
| 6 | "Dealer" means any person who engages in the business of | ||||||
| 7 | manufacturing, selling, or dealing in, on consignment or | ||||||
| 8 | otherwise, any number of new watercraft or 5 or more used | ||||||
| 9 | watercraft of any make during the year, including any | ||||||
| 10 | off-highway vehicle dealer or snowmobile dealer or a person | ||||||
| 11 | licensed as a new or used vehicle dealer who also sells or | ||||||
| 12 | deals in, on consignment or otherwise, any number of | ||||||
| 13 | watercraft as defined in this Act. | ||||||
| 14 | "Department" means the Department of Natural Resources. | ||||||
| 15 | "Inland Rules" means the Inland Navigation Rules Act of | ||||||
| 16 | 1980. | ||||||
| 17 | "International regulations" means the International | ||||||
| 18 | Regulations for Preventing Collisions at Sea, 1972, including | ||||||
| 19 | annexes currently in force for the United States. | ||||||
| 20 | "Leeward side" means the side of a vessel's sail that is | ||||||
| 21 | facing away or sheltered from the wind. | ||||||
| 22 | "Lifeboat" means a small boat kept on board a larger boat | ||||||
| 23 | for use in an emergency. | ||||||
| 24 | "Livery" means a person, corporation, company, business, | ||||||
| 25 | or entity that advertises a livery watercraft for use by | ||||||
| 26 | another, in exchange for any type of consideration and does | ||||||
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| 1 | not provide the renter or lessee with a captain, crew, or any | ||||||
| 2 | staff or personnel to operate, oversee, maintain, or manage | ||||||
| 3 | the watercraft. | ||||||
| 4 | "Motorboat" or "power-driven vessel" means any vessel | ||||||
| 5 | propelled by machinery whether such machinery is a principle | ||||||
| 6 | source of propulsion. | ||||||
| 7 | "Nonpowered watercraft" or "human-powered watercraft" | ||||||
| 8 | means any canoe, kayak, kiteboard, paddleboard, ribbed | ||||||
| 9 | inflatable, or any other watercraft propelled by oars, | ||||||
| 10 | paddles, or poles but not powered by sail, canvas, human body | ||||||
| 11 | part, or machinery of any sort. | ||||||
| 12 | "Operate" means to use, navigate, employ, or otherwise be | ||||||
| 13 | in actual physical control of a motorboat or vessel. | ||||||
| 14 | "Operator" means a person who operates or is in actual | ||||||
| 15 | physical control of a watercraft. | ||||||
| 16 | "Owner" means a person, other than a secured party, having | ||||||
| 17 | property rights or title to a watercraft. "Owner" includes a | ||||||
| 18 | person entitled to the use or possession of a motorboat | ||||||
| 19 | subject to an interest in another person, reserved or created | ||||||
| 20 | by agreement and securing payment of performance of an | ||||||
| 21 | obligation. "Owner" does not include a lessee under a lease | ||||||
| 22 | not intended as security. | ||||||
| 23 | "Passenger" means an individual carried on the vessel. | ||||||
| 24 | "Passenger" does not mean: | ||||||
| 25 | (1) the owner or individual representative of the | ||||||
| 26 | owner, or in the case of a chartered vessel, an individual | ||||||
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| 1 | charterer or individual representative of the charterer, | ||||||
| 2 | but in no case shall this exemption found in this | ||||||
| 3 | paragraph apply to more than one person that is physically | ||||||
| 4 | present on a vessel at any one time; | ||||||
| 5 | (2) the master; or | ||||||
| 6 | (3) a member of the crew engaged in the business of the | ||||||
| 7 | vessel who has not contributed consideration for carriage | ||||||
| 8 | and who is paid for on board services. | ||||||
| 9 | "Passenger for hire" means a passenger for whom | ||||||
| 10 | consideration is contributed as a condition of carriage on the | ||||||
| 11 | vessel. | ||||||
| 12 | "Person" means any individual, firm, corporation, | ||||||
| 13 | partnership, or association, and any agent, assignee, trustee, | ||||||
| 14 | executor, receiver, or representative thereof. | ||||||
| 15 | "Personal flotation device" or "PFD" means a device that | ||||||
| 16 | is approved by the Commandant, U.S. Coast Guard, under Part | ||||||
| 17 | 160 of Title 46 of the Code of Federal Regulations. | ||||||
| 18 | "Personal injury" means any injury requiring treatment | ||||||
| 19 | beyond first aid. | ||||||
| 20 | "Personal watercraft" means a vessel propelled by a water | ||||||
| 21 | jet pump or other machinery as its primary source of motive | ||||||
| 22 | power and designed to be operated by a person sitting, | ||||||
| 23 | standing, or kneeling on the vessel, rather than within the | ||||||
| 24 | confines of a hull. | ||||||
| 25 | "Principally operated" means the vessel is or will be | ||||||
| 26 | primarily operated within the jurisdiction of the State during | ||||||
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| 1 | a calendar year. | ||||||
| 2 | "Recreational boat" means any vessel manufactured or used | ||||||
| 3 | primarily for noncommercial use, or leased, rented, or | ||||||
| 4 | chartered to another for noncommercial use. | ||||||
| 5 | "Sailboat" or "sailing vessel" means any vessel under sail | ||||||
| 6 | so long as the propelling machinery, if fitted, is not being | ||||||
| 7 | used. | ||||||
| 8 | "Seaplane" means any aircraft designed to maneuver on the | ||||||
| 9 | water. | ||||||
| 10 | "Specialty prop-craft" means a vessel that is similar in | ||||||
| 11 | appearance and operation to a personal watercraft but that is | ||||||
| 12 | powered by an outboard or propeller driven motor. | ||||||
| 13 | "Throwable PFD" has the meaning provided in 33 CFR 175.13. | ||||||
| 14 | "Underway" applies to a vessel or watercraft at all times | ||||||
| 15 | except when it is moored at a dock or anchorage area. | ||||||
| 16 | "Use" applies to all vessels on the waters of this State, | ||||||
| 17 | whether moored or underway. | ||||||
| 18 | "Vessel" or "watercraft" means every device or boat | ||||||
| 19 | watercraft used or capable of being used as a means of | ||||||
| 20 | transportation on water, except a seaplane on the water, air | ||||||
| 21 | mattress or similar device, and boats used for concession | ||||||
| 22 | rides in artificial bodies of water designed and used | ||||||
| 23 | exclusively for such concessions. | ||||||
| 24 | "Waters of this State" means any water within the | ||||||
| 25 | jurisdiction of this State. | ||||||
| 26 | "Wearable U.S. Coast Guard approved personal flotation | ||||||
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| 1 | device", "wearable U.S. Coast Guard approved PFD", and | ||||||
| 2 | "wearable PFD" have the meaning provided for "wearable PFD" in | ||||||
| 3 | 33 CFR 175.13. | ||||||
| 4 | "Windward side" means the side of a vessel's sail that has | ||||||
| 5 | the wind blowing into the sail. | ||||||
| 6 | "Wing in Ground" (WIG) vessel means a multimodal vessel | ||||||
| 7 | which, in its main operational mode, flies in close proximity | ||||||
| 8 | to the surface utilizing surface-effect action. | ||||||
| 9 | (Source: P.A. 102-595, eff. 6-1-22.)
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| 10 | (625 ILCS 45/2-2) (from Ch. 95 1/2, par. 312-2) | ||||||
| 11 | Sec. 2-2. Inspection; removal; impoundment. | ||||||
| 12 | (a) Agents of the Department or other duly authorized | ||||||
| 13 | police officers may board and inspect any watercraft boat at | ||||||
| 14 | any time for the purpose of determining if this Act is being | ||||||
| 15 | complied with. If the boarding officer or agent discovers any | ||||||
| 16 | violation of this Act, he may issue a summons to the operator | ||||||
| 17 | of the boat requiring that the operator appear before the | ||||||
| 18 | circuit court for the county within which the offense was | ||||||
| 19 | committed. | ||||||
| 20 | (b) Every watercraft vessel subject to this Act, if under | ||||||
| 21 | way and upon being hailed by a designated law enforcement | ||||||
| 22 | officer, must stop immediately and lay to. | ||||||
| 23 | (c) Agents of the Department and other duly authorized | ||||||
| 24 | police officers may enforce all federal laws and regulations | ||||||
| 25 | which have been mutually agreed upon by the federal and state | ||||||
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| 1 | governments and are applicable to the operation of watercraft | ||||||
| 2 | on navigable waters and federal impoundments where concurrent | ||||||
| 3 | jurisdiction exists between the federal and state governments. | ||||||
| 4 | (d) Agents of the Department and other duly authorized | ||||||
| 5 | police officers may seize and impound, at the owner's or | ||||||
| 6 | operator's expense, any watercraft involved in a boating | ||||||
| 7 | accident or a violation of Section 3A-21, 5-1, 5-2, or 5-16 of | ||||||
| 8 | this Act. | ||||||
| 9 | (e) If a watercraft is causing a traffic hazard because of | ||||||
| 10 | its position on a waterway or its physical appearance is | ||||||
| 11 | causing the impeding of traffic, its immediate removal from | ||||||
| 12 | the waterway by a towing service may be authorized by a law | ||||||
| 13 | enforcement agency having jurisdiction. | ||||||
| 14 | (f) Whenever a peace officer reasonably believes that a | ||||||
| 15 | person under arrest for a violation of Section 5-1, 5-2, or | ||||||
| 16 | 5-16 of this Act or similar provision of a local ordinance, is | ||||||
| 17 | likely, upon release, to commit a subsequent violation of | ||||||
| 18 | Section 5-1, 5-2, or 5-16 or a similar provision of a local | ||||||
| 19 | ordinance, the arresting officer shall have the watercraft | ||||||
| 20 | which the person was operating at the time of the arrest | ||||||
| 21 | impounded for a period of not more than 12 hours after the time | ||||||
| 22 | of the arrest. The watercraft may be released by the arresting | ||||||
| 23 | law enforcement agency without impoundment, or may be released | ||||||
| 24 | prior to the end of the impoundment period, however, if: | ||||||
| 25 | (1) the watercraft was not owned by the person under | ||||||
| 26 | arrest, and the lawful owner requesting release possesses | ||||||
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| 1 | proof of ownership, and would not, as determined by the | ||||||
| 2 | arresting law enforcement agency: (i) indicate a lack of | ||||||
| 3 | ability to operate a watercraft in a safe manner, or (ii) | ||||||
| 4 | otherwise, by operating the watercraft, be in violation of | ||||||
| 5 | this Act; or | ||||||
| 6 | (2) the watercraft is owned by the person under | ||||||
| 7 | arrest, and the person under arrest gives permission to | ||||||
| 8 | another person to operate the watercraft, and the other | ||||||
| 9 | person would not, as determined by the arresting law | ||||||
| 10 | enforcement agency: (i) indicate a lack of ability to | ||||||
| 11 | operate a watercraft in a safe manner, or (ii) otherwise, | ||||||
| 12 | by operating the watercraft, be in violation of this Act. | ||||||
| 13 | (Source: P.A. 93-156, eff. 1-1-04.)
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| 14 | (625 ILCS 45/3-11) (from Ch. 95 1/2, par. 313-11) | ||||||
| 15 | Sec. 3-11. Penalty. No person shall at any time: | ||||||
| 16 | (a) falsely alter or change in any manner a certificate of | ||||||
| 17 | number issued under the provisions hereof; , or | ||||||
| 18 | (b) falsify any record required by this Act; , | ||||||
| 19 | (c) falsify information on any application to the | ||||||
| 20 | Department that is required to be provided to the Department | ||||||
| 21 | by this Act; or | ||||||
| 22 | (d) counterfeit any form of license provided for by this | ||||||
| 23 | Act. | ||||||
| 24 | (Source: P.A. 100-469, eff. 6-1-18.)
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| 1 | (625 ILCS 45/4-2) (from Ch. 95 1/2, par. 314-2) | ||||||
| 2 | Sec. 4-2. Navigation lights. | ||||||
| 3 | A. Watercraft subject to this Section shall be divided | ||||||
| 4 | into classes as follows: | ||||||
| 5 | 1. Class 1: Less than 16 feet in length. | ||||||
| 6 | 2. Class 2: 16 feet or over and less than 26 feet in | ||||||
| 7 | length. | ||||||
| 8 | 3. Class 3: 26 feet or over and less than 40 feet in | ||||||
| 9 | length. | ||||||
| 10 | 4. Class 4: 40 feet or over and less than 65 feet in | ||||||
| 11 | length. | ||||||
| 12 | B. Every motorboat, underway from sunset to sunrise or | ||||||
| 13 | underway in weather causing reduced visibility, shall carry | ||||||
| 14 | and exhibit the following United States Coast Guard approved | ||||||
| 15 | lights when underway and, during such time, shall not use any | ||||||
| 16 | other lights that may be mistaken for or interfere with those | ||||||
| 17 | prescribed as follows: | ||||||
| 18 | 1. A Class 1 or Class 2 motorboat shall carry the | ||||||
| 19 | following lights: | ||||||
| 20 | (a) A bright white light aft to show all around the | ||||||
| 21 | horizon; and | ||||||
| 22 | (b) A combined light in the fore part of the | ||||||
| 23 | watercraft and lower than the white light aft, showing | ||||||
| 24 | green to starboard and red to port, so fixed as to | ||||||
| 25 | throw the light from right ahead to 2 points (22.5 | ||||||
| 26 | degrees) abaft the beam on their respective sides. | ||||||
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| 1 | 2. A Class 3 or Class 4 motorboat shall carry the | ||||||
| 2 | following lights: | ||||||
| 3 | (a) A bright white light in the fore part of the | ||||||
| 4 | watercraft as near the stern as practicable, so | ||||||
| 5 | constructed as to show the unbroken light over an arc | ||||||
| 6 | of the horizon of 20 points (225 degrees) of the | ||||||
| 7 | compass, so fixed as to throw the light 10 points | ||||||
| 8 | (112.5 degrees) on each side of the watercraft, | ||||||
| 9 | namely, from right ahead to 2 points (22.5 degrees) | ||||||
| 10 | abaft the beam on either side; | ||||||
| 11 | (b) A bright white light aft, mounted higher than | ||||||
| 12 | the white light forward, to show all around the | ||||||
| 13 | horizon; and | ||||||
| 14 | (c) On the starboard side, a green light so | ||||||
| 15 | constructed as to show an unbroken light over an arc of | ||||||
| 16 | the horizon of 10 points (112.5 degrees) of the | ||||||
| 17 | compass, so fixed as to throw the light from right | ||||||
| 18 | ahead to 2 points (22.5 degrees) abaft the beam on the | ||||||
| 19 | starboard side. On the port side, a red light so | ||||||
| 20 | constructed as to show an unbroken light over an arc of | ||||||
| 21 | the horizon of 10 points (112.5 degrees) of the | ||||||
| 22 | compass, so fixed as to throw the light from right | ||||||
| 23 | ahead to 2 points (22.5 degrees) abaft the beam on the | ||||||
| 24 | port side. The side lights shall be fitted with | ||||||
| 25 | inboard screens so set as to prevent these lights from | ||||||
| 26 | being seen across the bow. | ||||||
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| 1 | 3. A Class 1 or Class 2 motorboat propelled by sail | ||||||
| 2 | alone shall exhibit the combined light prescribed by | ||||||
| 3 | paragraph (1) and a 12-point (135 degrees) white light | ||||||
| 4 | aft. A Class 3 or Class 4 motorboat, when so propelled, | ||||||
| 5 | shall exhibit the colored side lights, suitably screened | ||||||
| 6 | as prescribed by paragraph (2) and a 12-point (135 | ||||||
| 7 | degrees) white light aft. | ||||||
| 8 | 4. Every white light prescribed by this Section shall | ||||||
| 9 | be of such character as to be visible at a distance of at | ||||||
| 10 | least 2 miles. Every colored light prescribed by this | ||||||
| 11 | Section shall be of such character as to be visible at a | ||||||
| 12 | distance of at least one mile. As used in this subsection | ||||||
| 13 | "visible", when applied to lights, means visible on a dark | ||||||
| 14 | night with clear atmosphere. | ||||||
| 15 | 5. If propelled by sail and machinery, a motorboat | ||||||
| 16 | shall carry the lights required by this Section for a | ||||||
| 17 | motorboat propelled by machinery only. | ||||||
| 18 | 6. All other watercraft over 65 feet in length and | ||||||
| 19 | those propelled solely by wind effect on the sail shall | ||||||
| 20 | display lights prescribed by federal regulations. | ||||||
| 21 | C. Nonpowered watercraft shall carry, ready at hand, a | ||||||
| 22 | lantern or flashlight showing a white light that shall be | ||||||
| 23 | exhibited in sufficient time to avert collision. Manually | ||||||
| 24 | propelled watercraft used on the waters of this State where | ||||||
| 25 | power-driven vessels are prohibited are exempt from the | ||||||
| 26 | provisions of this Section. | ||||||
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| 1 | D. Any watercraft may carry and exhibit the lights | ||||||
| 2 | required by the international regulations in lieu of the | ||||||
| 3 | lights required by subsection B of this Section. | ||||||
| 4 | E. All watercraft, when anchored, other than in a special | ||||||
| 5 | anchorage area as defined in 33 CFR 109.10, shall, from sunset | ||||||
| 6 | to sunrise, carry and display a steady white light visible all | ||||||
| 7 | around the horizon for a distance of no less than 2 miles. | ||||||
| 8 | F. The lights prescribed in this Section shall at minimum | ||||||
| 9 | have an intensity so as to be visible at the minimum ranges as | ||||||
| 10 | set forth in 33 CFR 83.22 (Blank). | ||||||
| 11 | G. (Blank). | ||||||
| 12 | (Source: P.A. 102-595, eff. 6-1-22.)
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| 13 | (625 ILCS 45/4-4) (from Ch. 95 1/2, par. 314-4) | ||||||
| 14 | Sec. 4-4. Whistles.) It is unlawful to operate a motorboat | ||||||
| 15 | without a mouth, hand or power operated whistle, horn or other | ||||||
| 16 | appliance, capable of producing a blast of 2 seconds or more | ||||||
| 17 | duration and having an audible distance as set forth in 33 CFR | ||||||
| 18 | 86.01 for at least one-half mile. | ||||||
| 19 | (Source: P.A. 82-783.)
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| 20 | (625 ILCS 45/4-11) (from Ch. 95 1/2, par. 314-11) | ||||||
| 21 | Sec. 4-11. Engine cut-off switch. | ||||||
| 22 | (a) As used in this Section: | ||||||
| 23 | "Engine cut-off switch link" means the lanyard or wireless | ||||||
| 24 | cut-off device used to attach the motorboat operator to the | ||||||
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| 1 | engine cut-off switch installed on the motorboat. | ||||||
| 2 | "Engine cut-off switch" means an emergency switch | ||||||
| 3 | installed on a motorboat that: | ||||||
| 4 | (1) is designed to shut off the engine if: | ||||||
| 5 | (A) the motorboat operator using a lanyard | ||||||
| 6 | attachment activates the switch by falling overboard | ||||||
| 7 | or otherwise moving beyond the length of the lanyard; | ||||||
| 8 | or | ||||||
| 9 | (B) the motorboat operator or a passenger | ||||||
| 10 | using a wireless attachment activates the switch by | ||||||
| 11 | falling overboard and submerging a man-overboard | ||||||
| 12 | transmitter; and | ||||||
| 13 | (2) attaches: | ||||||
| 14 | (A) physically to the motorboat operator | ||||||
| 15 | through the use of a lanyard worn by the operator; or | ||||||
| 16 | (B) wirelessly through the use of a | ||||||
| 17 | water-activated man-overboard transmitter worn by the | ||||||
| 18 | motorboat operator or any similarly equipped passenger | ||||||
| 19 | on the motorboat. means an operational emergency | ||||||
| 20 | cut-off engine stop switch installed on a motorboat | ||||||
| 21 | that attaches to a motorboat operator by an engine | ||||||
| 22 | cut-off switch link. | ||||||
| 23 | (b) A motorboat operator may not operate a motorboat less | ||||||
| 24 | than 26 feet in length that is equipped by the manufacturer | ||||||
| 25 | with an engine cutoff switch and such switch is not in use | ||||||
| 26 | while the motorboat is operating on plane or above | ||||||
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| 1 | displacement speed. No person may operate a watercraft without | ||||||
| 2 | first verifying that the engine cut-off switch is operational | ||||||
| 3 | and fully functional and properly attaching the lanyard or | ||||||
| 4 | wireless attachment, as appropriate for the specific | ||||||
| 5 | motorboat, to the operator's body or to the clothing or | ||||||
| 6 | personal flotation device being worn by the operator. | ||||||
| 7 | (c) The requirement under paragraph (1) of subsection (a) | ||||||
| 8 | shall not apply if: | ||||||
| 9 | (A) the main helm of the covered vessel is installed | ||||||
| 10 | within an enclosed cabin; or | ||||||
| 11 | (B) the vessel does not have an engine cut-off switch. | ||||||
| 12 | No person may operate any motor boat, including personal | ||||||
| 13 | watercraft or specialty prop-craft, equipped with an | ||||||
| 14 | engine cut-off switch while the engine is running and the | ||||||
| 15 | motorboat is underway without verifying that the engine | ||||||
| 16 | cut-off switch is operational and fully-functional and: | ||||||
| 17 | (1) the engine cut-off switch link is properly | ||||||
| 18 | attached to his or her person, clothing or worn PFD, as | ||||||
| 19 | appropriate for the specific vessel; or | ||||||
| 20 | (2) activating the wireless cut-off system. | ||||||
| 21 | (Source: P.A. 96-1033, eff. 7-14-10.)
| ||||||
| 22 | (625 ILCS 45/5-13) (from Ch. 95 1/2, par. 315-8) | ||||||
| 23 | Sec. 5-13. Traffic rules. | ||||||
| 24 | A. The area straight ahead of a vessel to the point that is | ||||||
| 25 | 22.5 degrees beyond the middle of the vessel on the starboard | ||||||
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| 1 | side of the watercraft shall be designated the danger zone. An | ||||||
| 2 | operator of a watercraft shall yield the right-of-way to any | ||||||
| 3 | other watercraft occupying or entering into the danger zone | ||||||
| 4 | that may result in collision. | ||||||
| 5 | A-5. Head-on situation. | ||||||
| 6 | (1) If 2 power-driven vessels are meeting head-on or | ||||||
| 7 | nearly head-on courses so as to involve risk of collision, | ||||||
| 8 | each shall alter course to starboard so that each shall | ||||||
| 9 | pass on the port side of the other. | ||||||
| 10 | (2) A vessel proceeding along the course of a narrow | ||||||
| 11 | channel or canal shall keep as near to the outer limit of | ||||||
| 12 | the channel or canal that lies on the starboard side as is | ||||||
| 13 | safe and practicable. | ||||||
| 14 | (3) A power-driven vessel operating in narrow channels | ||||||
| 15 | and proceeding downbound with a following current | ||||||
| 16 | downstream shall have the right-of-way over an upbound | ||||||
| 17 | vessel, shall propose the manner and place of passage, and | ||||||
| 18 | shall imitate the maneuvering signals as required by law a | ||||||
| 19 | vessel proceeding upstream. The vessel proceeding upstream | ||||||
| 20 | shall yield as necessary to permit safe passing. | ||||||
| 21 | B. Crossing. As used in this Section, "crossing" means 2 | ||||||
| 22 | or more watercraft traveling in directions that would have the | ||||||
| 23 | path of travel of the watercraft intersect each other. | ||||||
| 24 | (1) If 2 power-driven vessels are crossing so as to | ||||||
| 25 | involve the risk of collision, the vessel that has the | ||||||
| 26 | other on the starboard side shall keep out of the way and | ||||||
| |||||||
| |||||||
| 1 | shall avoid crossing ahead of the other vessel. | ||||||
| 2 | (2) A power-driven vessel crossing a river shall keep | ||||||
| 3 | out of the way of a power-driven vessel ascending or | ||||||
| 4 | descending the river. | ||||||
| 5 | (3) A vessel may not cross a narrow channel or canal if | ||||||
| 6 | the crossing impedes the passage of a vessel that can only | ||||||
| 7 | safely navigate within the channel or canal. | ||||||
| 8 | C. Overtaking. | ||||||
| 9 | (1) A vessel overtaking any other shall give way to | ||||||
| 10 | the vessel being overtaken. | ||||||
| 11 | (2) If a vessel operator is in doubt as to whether he | ||||||
| 12 | or she is overtaking another vessel, the operator shall | ||||||
| 13 | assume he or she is overtaking the other vessel and shall | ||||||
| 14 | act accordingly. | ||||||
| 15 | (3) Any subsequent alteration of the bearing between | ||||||
| 16 | the 2 vessels shall not make the overtaking vessel a | ||||||
| 17 | crossing vessel within the meaning of this Section or | ||||||
| 18 | relieve the overtaking operator of the duty to keep clear | ||||||
| 19 | of the overtaken vessel until finally past and clear. | ||||||
| 20 | (4) When overtaking in a narrow channel or canal, the | ||||||
| 21 | operator of a power-driven vessel intending to overtake | ||||||
| 22 | another power-driven vessel shall proceed to pass safety | ||||||
| 23 | only after indicating his or her intention by sounding the | ||||||
| 24 | horn as follows: | ||||||
| 25 | (a) one short blast from the horn signifies a | ||||||
| 26 | request to pass on the overtaken vessel's starboard | ||||||
| |||||||
| |||||||
| 1 | side; | ||||||
| 2 | (b) 2 short blasts from the horn signify a request | ||||||
| 3 | to pass on the overtaken vessel's port side. | ||||||
| 4 | (5) The operator of the power-driven vessel being | ||||||
| 5 | overtaken shall: | ||||||
| 6 | (a) acknowledge the request by sounding the same | ||||||
| 7 | signal; or | ||||||
| 8 | (b) sound 5 short blasts from the horn to indicate | ||||||
| 9 | danger or to warn the overtaking vessel not to pass. | ||||||
| 10 | No response from the overtaken vessel shall be | ||||||
| 11 | interpreted as an indication of danger and is the same as | ||||||
| 12 | if 5 short blasts from the horn were sounded. In the | ||||||
| 13 | absence of an audible signal or horn, a light signal | ||||||
| 14 | device using the appropriate number of rapid bursts of | ||||||
| 15 | light may be used. | ||||||
| 16 | D. Sailing vessels. | ||||||
| 17 | (1) The operator of a power-driven vessel shall yield | ||||||
| 18 | the right-of-way to any nonpowered or sailing vessel | ||||||
| 19 | unless the nonpowered vessel is overtaking the | ||||||
| 20 | power-driven vessel or when a large craft is navigating in | ||||||
| 21 | a confined channel, the large craft has the right-of-way | ||||||
| 22 | over a boat propelled solely by oars or sails. | ||||||
| 23 | (2) If 2 sailing vessels are approaching one another, | ||||||
| 24 | so as to involve risk of collision, one of them shall keep | ||||||
| 25 | out of the way of the other as follows: | ||||||
| 26 | (a) If each has the wind on a different side, the | ||||||
| |||||||
| |||||||
| 1 | vessel that has the wind on the port side shall give | ||||||
| 2 | way to the other vessel. | ||||||
| 3 | (b) If both have the wind on the same side, the | ||||||
| 4 | vessel that is to windward shall give way to the vessel | ||||||
| 5 | that is to leeward. | ||||||
| 6 | (c) If a vessel with the wind on the port side sees | ||||||
| 7 | a vessel to windward and cannot determine with | ||||||
| 8 | certainty whether the other vessel has the wind on the | ||||||
| 9 | port or starboard side, the vessel shall give way to | ||||||
| 10 | the other vessel. | ||||||
| 11 | (Source: P.A. 102-595, eff. 6-1-22.)
| ||||||
| 12 | (625 ILCS 45/5-18) (from Ch. 95 1/2, par. 315-13) | ||||||
| 13 | Sec. 5-18. (a) No Beginning on January 1, 2016, no person | ||||||
| 14 | born on or after January 1, 1998, unless exempted by | ||||||
| 15 | subsection (i), shall operate a motorboat with over 10 horse | ||||||
| 16 | power unless that person has a valid Boating Safety | ||||||
| 17 | Certificate issued by the Department of Natural Resources or | ||||||
| 18 | an entity or organization recognized and approved by the | ||||||
| 19 | Department. | ||||||
| 20 | (b) No person under 10 years of age may operate a | ||||||
| 21 | motorboat. | ||||||
| 22 | (c) Persons Prior to January 1, 2016, persons at least 10 | ||||||
| 23 | years of age and less than 12 years of age may operate a | ||||||
| 24 | motorboat with over 10 horse power only if they are | ||||||
| 25 | accompanied on the motorboat and under the direct control of a | ||||||
| |||||||
| |||||||
| 1 | parent or guardian or a person at least 18 years of age | ||||||
| 2 | designated by a parent or guardian. Beginning on January 1, | ||||||
| 3 | 2016, persons at least 10 years of age and less than 12 years | ||||||
| 4 | of age may operate a motorboat with over 10 horse power only if | ||||||
| 5 | the person is under the direct on-board supervision of a | ||||||
| 6 | parent or guardian who meets the requirements of subsection | ||||||
| 7 | (a) or a person at least 18 years of age who meets the | ||||||
| 8 | requirements of subsection (a) and is designated by a parent | ||||||
| 9 | or guardian. | ||||||
| 10 | (d) Persons Prior to January 1, 2016, persons at least 12 | ||||||
| 11 | years of age and less than 18 years of age may operate a | ||||||
| 12 | motorboat with over 10 horse power only if they are | ||||||
| 13 | accompanied on the motorboat and under the direct control of a | ||||||
| 14 | parent or guardian or a person at least 18 years of age | ||||||
| 15 | designated by a parent or guardian, or the motorboat operator | ||||||
| 16 | is in possession of a Boating Safety Certificate issued by the | ||||||
| 17 | Department of Natural Resources, Division of Law Enforcement, | ||||||
| 18 | authorizing the holder to operate motorboats. Beginning on | ||||||
| 19 | January 1, 2016, persons at least 12 years and less than 18 | ||||||
| 20 | years of age may operate a motorboat with over 10 horse power | ||||||
| 21 | only if the person meets the requirements of subsection (a) or | ||||||
| 22 | is under the direct on-board supervision of a parent or | ||||||
| 23 | guardian who meets the requirements of subsection (a) or a | ||||||
| 24 | person at least 18 years of age who meets the requirements of | ||||||
| 25 | subsection (a) and is designated by a parent or guardian. | ||||||
| 26 | (e) The Beginning January 1, 2016, the owner of a | ||||||
| |||||||
| |||||||
| 1 | motorboat or a person given supervisory authority over a | ||||||
| 2 | motorboat shall not permit a motorboat with over 10 horse | ||||||
| 3 | power to be operated by a person who does not meet the Boating | ||||||
| 4 | Safety Certificate requirements of this Section. | ||||||
| 5 | (f) Licensed boat liveries shall offer abbreviated | ||||||
| 6 | operating and safety instruction covering core boat safety | ||||||
| 7 | rules to all renters, unless the renter can demonstrate | ||||||
| 8 | compliance with the Illinois Boating Safety Certificate | ||||||
| 9 | requirements of this Section, or is exempt under subsection | ||||||
| 10 | (i) of this Section. A person who completes abbreviated | ||||||
| 11 | operating and safety instruction may operate a motorboat | ||||||
| 12 | rented from the livery providing the abbreviated operating and | ||||||
| 13 | safety instruction without having a Boating Safety Certificate | ||||||
| 14 | for up to one year from the date of instruction. The Department | ||||||
| 15 | shall adopt rules to implement this subsection. | ||||||
| 16 | (g) Violations. | ||||||
| 17 | (1) A person who is operating a motorboat with over 10 | ||||||
| 18 | horse power and is required to have a valid Boating Safety | ||||||
| 19 | Certificate under the provisions of this Section shall | ||||||
| 20 | present the certificate to a law enforcement officer upon | ||||||
| 21 | request. Failure of the person to present the certificate | ||||||
| 22 | upon request is a petty offense. | ||||||
| 23 | (2) A person who provides false or fictitious | ||||||
| 24 | information in an application for a Boating Safety | ||||||
| 25 | Certificate; or who alters, forges, counterfeits, or | ||||||
| 26 | falsifies a Boating Safety Certificate; or who possesses a | ||||||
| |||||||
| |||||||
| 1 | Boating Safety Certificate that has been altered, forged, | ||||||
| 2 | counterfeited, or falsified is guilty of a Class A | ||||||
| 3 | misdemeanor. | ||||||
| 4 | (3) A person who loans or permits his or her Boating | ||||||
| 5 | Safety Certificate to be used by another person or who | ||||||
| 6 | operates a motorboat with over 10 horse power using a | ||||||
| 7 | Boating Safety Certificate that has not been issued to | ||||||
| 8 | that person is guilty of a Class A misdemeanor. | ||||||
| 9 | (4) A violation of this Section done with the | ||||||
| 10 | knowledge of a parent or guardian shall be deemed a | ||||||
| 11 | violation by the parent or guardian and punishable under | ||||||
| 12 | Section 11A-1. | ||||||
| 13 | (h) The Department of Natural Resources shall establish a | ||||||
| 14 | program of instruction on boating safety, laws, regulations | ||||||
| 15 | and administrative laws, and any other subject matter which | ||||||
| 16 | might be related to the subject of general boat safety. The | ||||||
| 17 | program shall be conducted by instructors certified by the | ||||||
| 18 | Department of Natural Resources. The course of instruction for | ||||||
| 19 | persons certified to teach boating safety shall be not less | ||||||
| 20 | than 8 hours in length, and the Department shall have the | ||||||
| 21 | authority to revoke the certification of any instructor who | ||||||
| 22 | has demonstrated his inability to conduct courses on the | ||||||
| 23 | subject matter. The Department of Natural Resources shall | ||||||
| 24 | develop and provide a method for students to complete the | ||||||
| 25 | program online. Students satisfactorily completing a program | ||||||
| 26 | of not less than 8 hours in length shall receive a certificate | ||||||
| |||||||
| |||||||
| 1 | of safety from the Department of Natural Resources. The | ||||||
| 2 | Department may cooperate with schools, online vendors, private | ||||||
| 3 | clubs and other organizations in offering boating safety | ||||||
| 4 | courses throughout the State of Illinois. | ||||||
| 5 | The Department shall issue certificates of boating safety | ||||||
| 6 | to persons 10 years of age or older successfully completing | ||||||
| 7 | the prescribed course of instruction and passing such tests as | ||||||
| 8 | may be prescribed by the Department. The Department may charge | ||||||
| 9 | each person who enrolls in a course of instruction a fee not to | ||||||
| 10 | exceed $5. If a fee is authorized by the Department, the | ||||||
| 11 | Department shall authorize instructors conducting such courses | ||||||
| 12 | meeting standards established by it to charge for the rental | ||||||
| 13 | of facilities or for the cost of materials utilized in the | ||||||
| 14 | course. Fees retained by the Department shall be utilized to | ||||||
| 15 | defray a part of its expenses to operate the safety and | ||||||
| 16 | accident reporting programs of the Department. | ||||||
| 17 | (i) A Boating Safety Certificate is not required by: | ||||||
| 18 | (1) a person who possesses a valid United States Coast | ||||||
| 19 | Guard commercial vessel operator's license or a marine | ||||||
| 20 | certificate issued by the Canadian government; | ||||||
| 21 | (2) a person employed by the United States, this | ||||||
| 22 | State, another state, or a subdivision thereof while in | ||||||
| 23 | performance of his or her official duties; | ||||||
| 24 | (3) a person who is not a resident, is temporarily | ||||||
| 25 | using the waters of this State for a period not to exceed | ||||||
| 26 | 90 days, and meets any applicable boating safety education | ||||||
| |||||||
| |||||||
| 1 | requirements of his or her state of residency or possesses | ||||||
| 2 | a Canadian Pleasure Craft Operator's Card; | ||||||
| 3 | (4) a person who is a resident of this State who has | ||||||
| 4 | met the applicable boating safety education requirements | ||||||
| 5 | of another state or possesses a Canadian Pleasure Craft | ||||||
| 6 | Operator's Card; | ||||||
| 7 | (5) a person who has assumed operation of the | ||||||
| 8 | motorboat due to the illness or physical impairment of the | ||||||
| 9 | operator, and is returning the motorboat or personal | ||||||
| 10 | watercraft to shore in order to provide assistance or care | ||||||
| 11 | for that operator; | ||||||
| 12 | (6) a person who is registered as a commercial | ||||||
| 13 | fisherman or a person who is under the onboard direct | ||||||
| 14 | supervision of the commercial fisherman while operating | ||||||
| 15 | the commercial fisherman's vessel; | ||||||
| 16 | (7) a person who is serving or has qualified as a | ||||||
| 17 | surface warfare officer or enlisted surface warfare | ||||||
| 18 | specialist in the United States Navy; | ||||||
| 19 | (8) a person who has assumed operation of the | ||||||
| 20 | motorboat for the purpose of completing a watercraft | ||||||
| 21 | safety course approved by the Department, the U.S. Coast | ||||||
| 22 | Guard, or the National Association of State Boating Law | ||||||
| 23 | Administrators; | ||||||
| 24 | (9) a person using only an electric motor to propel | ||||||
| 25 | the motorboat; | ||||||
| 26 | (10) a person operating a motorboat on private | ||||||
| |||||||
| |||||||
| 1 | property; | ||||||
| 2 | (11) a person over the age of 12 years who holds a | ||||||
| 3 | valid certificate issued by another state, a province of | ||||||
| 4 | the Dominion of Canada, the United States Coast Guard | ||||||
| 5 | Auxiliary or the United States Power Squadron need not | ||||||
| 6 | obtain a certificate from the Department if the course | ||||||
| 7 | content of the program in such other state, province or | ||||||
| 8 | organization substantially meets that established by the | ||||||
| 9 | Department under this Section. A certificate issued by the | ||||||
| 10 | Department or by another state, province of the Dominion | ||||||
| 11 | of Canada or approved organization shall not constitute an | ||||||
| 12 | operator's license, but shall certify only that the | ||||||
| 13 | student has successfully passed a course in boating safety | ||||||
| 14 | instruction; or | ||||||
| 15 | (12) a person who is temporarily using the waters of | ||||||
| 16 | this State for the purpose of participating in a boat | ||||||
| 17 | racing event sanctioned by the Department of Natural | ||||||
| 18 | Resources or authorized federal agency. The organizer or | ||||||
| 19 | holder of the sanctioned event shall possess liability | ||||||
| 20 | insurance for property damage and bodily injury or death | ||||||
| 21 | with a minimum benefit of $1,000,000 that shall remain in | ||||||
| 22 | effect through the entirety of the event. | ||||||
| 23 | (j) The Department of Natural Resources shall adopt rules | ||||||
| 24 | necessary to implement this Section. The Department of Natural | ||||||
| 25 | Resources shall consult and coordinate with the boating | ||||||
| 26 | public, professional organizations for recreational boating | ||||||
| |||||||
| |||||||
| 1 | safety, and the boating retail, leasing, and dealer business | ||||||
| 2 | community in the adoption of these rules. | ||||||
| 3 | (Source: P.A. 98-698, eff. 1-1-15; 99-78, eff. 7-20-15; | ||||||
| 4 | 99-526, eff. 7-8-16.)
| ||||||
| 5 | (625 ILCS 45/5-24 new) | ||||||
| 6 | Sec. 5-24. Possession of medical cannabis on a watercraft. | ||||||
| 7 | (a) No operator, who is a medical cannabis cardholder, may | ||||||
| 8 | use medical cannabis within the passenger area of any | ||||||
| 9 | watercraft upon waters in this State. | ||||||
| 10 | (b) No operator, who is a medical cannabis cardholder, a | ||||||
| 11 | medical cannabis designated caregiver, medical cannabis | ||||||
| 12 | cultivation center agent, or dispensing organization agent may | ||||||
| 13 | possess medical cannabis within any area of any watercraft | ||||||
| 14 | upon waters in this State except in a secured, sealed or | ||||||
| 15 | resealable, odor-proof, and child-resistant medical cannabis | ||||||
| 16 | container that is inaccessible. | ||||||
| 17 | (c) No passenger, who is a medical cannabis card holder, a | ||||||
| 18 | medical cannabis designated caregiver, or medical cannabis | ||||||
| 19 | dispensing organization agent may possess medical cannabis | ||||||
| 20 | within any passenger area of any watercraft upon waters in | ||||||
| 21 | this State except in a secured, sealed or resealable, | ||||||
| 22 | odor-proof, and child-resistant medical cannabis container | ||||||
| 23 | that is inaccessible. | ||||||
| 24 | (d) Any person who violates subsections (a) through (c): | ||||||
| 25 | (1) commits a Class A misdemeanor; | ||||||
| |||||||
| |||||||
| 1 | (2) shall be subject to revocation of his or her | ||||||
| 2 | medical cannabis card for 2 years from the end of the | ||||||
| 3 | sentence imposed; and | ||||||
| 4 | (3) shall be subject to revocation of his or her | ||||||
| 5 | status as a medical cannabis caregiver, medical cannabis | ||||||
| 6 | cultivation center agent, or medical cannabis dispensing | ||||||
| 7 | organization agent for 2 years from the end of the | ||||||
| 8 | sentence imposed.
| ||||||
| 9 | (625 ILCS 45/5-25 new) | ||||||
| 10 | Sec. 5-25. Possession of adult use cannabis on a | ||||||
| 11 | watercraft. | ||||||
| 12 | (a) No operator may use cannabis within the passenger area | ||||||
| 13 | of any watercraft upon waters in this State. | ||||||
| 14 | (b) No operator may possess cannabis within any area of | ||||||
| 15 | any watercraft upon waters in this State except in a secured, | ||||||
| 16 | sealed or resealable, odor-proof, child-resistant cannabis | ||||||
| 17 | container that is inaccessible. | ||||||
| 18 | (c) No passenger may possess cannabis within any passenger | ||||||
| 19 | area of any watercraft upon waters in this State except in a | ||||||
| 20 | secured, sealed or resealable, odor-proof, child-resistant | ||||||
| 21 | cannabis container that is inaccessible. | ||||||
| 22 | (d) Any person who knowingly violates subsection (a), (b), | ||||||
| 23 | or (c) commits a Class A misdemeanor.
| ||||||
| 24 | (625 ILCS 45/7-1) (from Ch. 95 1/2, par. 317-1) | ||||||
| |||||||
| |||||||
| 1 | Sec. 7-1. It On and after March 1, 1960 it shall be | ||||||
| 2 | unlawful for any person to engage in the business of operating | ||||||
| 3 | a boat or boats carrying passengers for hire, or renting a boat | ||||||
| 4 | or boats for hire without first having obtained a license so to | ||||||
| 5 | do from the Department. Such license shall be renewable each | ||||||
| 6 | year on January March 1st, shall be good only for one year or | ||||||
| 7 | portion of a year up to and including December 31st March 1st, | ||||||
| 8 | and it shall be unlawful for such person to so engage in such | ||||||
| 9 | business without having a valid license currently then in | ||||||
| 10 | force. The Department shall outline the application process | ||||||
| 11 | for passenger-for-hire licenses or rental boat licenses by | ||||||
| 12 | administrative rule. Violations of this Act by a business or | ||||||
| 13 | individual holding a rental license or passenger-for-hire | ||||||
| 14 | license shall result in the suspension or revocation of the | ||||||
| 15 | license issued based on the procedures outlined in | ||||||
| 16 | administrative rule. | ||||||
| 17 | (Source: P.A. 85-149.)
| ||||||
| 18 | (625 ILCS 45/7-2) (from Ch. 95 1/2, par. 317-2) | ||||||
| 19 | Sec. 7-2. License fee. The fee for a license to operate a | ||||||
| 20 | boat for carrying passengers for hire shall be established by | ||||||
| 21 | administrative rule $50 for each boat. The fee for a license | ||||||
| 22 | for engaging in the business of renting boats for hire and the | ||||||
| 23 | shall be $30, plus an annual fee for each boat rented or | ||||||
| 24 | offered for rent shall be set by administrative rule of $1 for | ||||||
| 25 | each boat less than 16 feet in length; $2 for each boat 16 feet | ||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 1 | or over and less than 26 feet in length; and $8 for each boat | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 2 | 26 feet or over in length. No boat shall, after March 1, 1960, | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 3 | be rented or offered for rent until such license has been | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 4 | granted and the boat marked as hereinafter provided. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 5 | (Source: P.A. 85-149.) | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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