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Public Act 098-0698 Public Act 0698 98TH GENERAL ASSEMBLY |
Public Act 098-0698 | SB3433 Enrolled | LRB098 20183 MLW 55514 b |
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| AN ACT concerning transportation.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Boat Registration and Safety Act is amended | by changing Section 5-18 as follows:
| (625 ILCS 45/5-18) (from Ch. 95 1/2, par. 315-13)
| Sec. 5-18.
| (a) Beginning on January 1, 2016, no person born on or | after January 1, 1998, unless exempted by subsection (i), shall | operate a motorboat with over 10 horse power unless that person | has a valid Boating Safety Certificate issued by the Department | of Natural Resources or an entity or organization recognized | and approved by the Department. | (b) No person under 10 years of age may operate a
| motorboat. | (c) Prior to January 1, 2016, persons Persons at least 10 | years of age and less than 12 years of age
may operate a | motorboat with over 10 horse power only if they are accompanied | on the motorboat and
under the direct control of a parent or | guardian or a person at least 18
years of age designated by a | parent or guardian. Beginning on January 1, 2016, persons at | least 10 years of age and less than 12 years of age may operate | a motorboat with over 10 horse power only if the person is |
| under the direct on-board supervision of a parent or guardian | who meets the requirements of subsection (a) or a person at | least 18 years of age who meets the requirements of subsection | (a) and is designated by a parent or guardian. | (d) Prior to January 1, 2016, persons Persons at least 12 | years
of age and less than 18 years of age may operate a | motorboat with over 10 horse power only if they
are accompanied | on the motorboat and under the direct control of a parent
or | guardian or a person at least 18 years of age designated by a | parent or
guardian, or the such motorboat operator is in | possession of a Boating Safety
Certificate issued by the | Department of Natural Resources,
Division of Law Enforcement, | authorizing the holder to operate motorboats. Beginning on | January 1, 2016, persons at least 12 years and less than 18 | years of age may operate a motorboat with over 10 horse power | only if the person meets the requirements of subsection (a) or | is under the direct on-board supervision of a parent or | guardian who meets the requirements of subsection (a) or a | person at least 18 years of age who meets the requirements of | subsection (a) and is designated by a parent or guardian.
| (e) Beginning January 1, 2016, the owner of a motorboat or | a person given supervisory authority over a motorboat shall not | permit a motorboat with over 10 horse power to be operated by a | person who does not meet the Boating Safety Certificate | requirements of this Section. | (f) Licensed boat liveries shall offer abbreviated |
| operating and safety instruction covering core boat safety | rules to all renters, unless the renter can demonstrate | compliance with the Illinois Boating Safety Certificate | requirements of this Section, or is exempt under subsection (i) | of this Section. A person who completes abbreviated operating | and safety instruction may operate a motorboat rented from the | livery providing the abbreviated operating and safety | instruction without having a Boating Safety Certificate for up | to one year from the date of instruction. The Department shall | adopt rules to implement this subsection. | (g) Violations. | (1) A person who is operating a motorboat with over 10 | horse power and is required to have a valid Boating Safety | Certificate under the provisions of this Section shall | present the certificate to a law enforcement officer upon | request. Failure of the person to present the certificate | upon request is a petty offense. | (2) A person who provides false or fictitious | information in an application for a Boating Safety | Certificate; or who alters, forges, counterfeits, or | falsifies a Boating Safety Certificate; or who possesses a | Boating Safety Certificate that has been altered, forged, | counterfeited, or falsified is guilty of a Class A | misdemeanor. | (3) A person who loans or permits their Boating Safety | Certificate to be used by another person; or who operates a |
| motorboat with over 10 horse power using a Boating Safety | Certificate that has not been issued to that person is | guilty of a Class A misdemeanor. | (4) Violations of this Section done with the knowledge | of a parent or guardian
shall be deemed a violation by the | parent or guardian and punishable
under Section 11A-1.
| (h) The Department of Natural Resources , Division of Law
| Enforcement, shall
establish a program of instruction on | boating safety, laws, regulations and
administrative laws, and | any other subject matter which might be related to
the subject | of general boat safety. The program shall be conducted by
| instructors certified by the Department of Natural Resources , | Division of Law
Enforcement . The course of instruction for | persons certified to teach
boating safety shall be not less | than 8 hours in length, and the Department
shall have the | authority to revoke the certification of any instructor who
has | demonstrated his inability to conduct courses on the subject | matter.
The Department of Natural Resources shall develop and | provide a method for students to complete the program online. | Students satisfactorily completing a program of not less than 8 | hours in
length shall receive a certificate of safety from the | Department of
Natural Resources , Division of Law Enforcement . | The
Department may cooperate
with schools, online vendors, | private clubs and other organizations in offering boating
| safety courses throughout the State of Illinois.
| The Department shall issue certificates of boating safety |
| to persons 10
years of age or older successfully completing the | prescribed course
of instruction and passing such tests as may | be prescribed by the Department.
The Department may charge each | person who enrolls in a course of instruction
a fee not to | exceed $5. If a fee is authorized by the Department, the
| Department shall authorize instructors conducting such courses | meeting
standards established by it to charge for the rental of | facilities or for
the cost of materials utilized in the course. | Fees retained by the
Department shall be utilized to defray a | part of its expenses to operate
the safety and accident | reporting programs of the Department.
| (i) A Boating Safety Certificate is not required by: | (1) a person who possesses a valid United States Coast | Guard commercial vessel operator's license or a marine | certificate issued by the Canadian government; | (2) a person employed by the United States, this State, | another state, or a subdivision thereof while in | performance of his or her official duties; | (3) a person who is not a resident, is temporarily | using the waters of this State for a period not to exceed | 90 days, and meets any applicable boating safety education | requirements of his or her state of residency or possesses | a Canadian Pleasure Craft Operator's Card; | (4) a person who is a resident of this State who has | met the applicable boating safety education requirements | of another state or possesses a Canadian Pleasure Craft |
| Operator's Card; | (5) a person who has assumed operation of the motorboat | due to the illness or physical impairment of the operator, | and is returning the motorboat or personal watercraft to | shore in order to provide assistance or care for that | operator; | (6) a person who is registered as a commercial | fisherman or a person who is under the onboard direct | supervision of the commercial fisherman while operating | the commercial fisherman's vessel; | (7) a person who is serving or has qualified as a | surface warfare officer or enlisted surface warfare | specialist in the United States Navy; | (8) a person who has assumed operation of the motorboat | for the purpose of completing a watercraft safety course | approved by the Department, the U.S. Coast Guard, or the | National Association of State Boating Law Administrators; | (9) a person using only an electric motor to propel the | motorboat; | (10) a person operating a motorboat on private | property; or | (11) a A person over the age of 12 years who holds a | valid certificate issued by
another state, a province of | the Dominion of
Canada, the United States Coast Guard | Auxiliary or the United States
Power Squadron need not | obtain a certificate from the Department if the
course |
| content of the program in such other state, province or | organization
substantially meets that established by the | Department under this Section.
A certificate issued by the | Department or by another state, province of the
Dominion of | Canada or approved organization shall not constitute an
| operator's license, but shall certify only that the student | has
successfully passed a course in boating safety | instruction.
| (j) The Department of Natural Resources , Division of Law
| Enforcement, shall adopt rules necessary to implement and | enforce the provisions of this Section. The Department of | Natural Resources shall consult and coordinate with the boating | public, professional organizations for recreational boating | safety, and the boating retail, leasing, and dealer business | community in the adoption of these rules.
| (Source: P.A. 91-357, eff. 7-29-99.)
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Effective Date: 1/1/2015
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