Assembly Bill No. 469–Assemblymen Beers, Collins, Brown, Hettrick, Humke, Lee, Ohrenschall, Price and Tiffany

 

March 19, 2001

____________

 

Referred to Committee on Natural Resources, Agriculture, and Mining

 

SUMMARY—Makes various changes relating to safe use of watercraft. (BDR 43‑462)

 

FISCAL NOTE:            Effect on Local Government: Yes.

                                    Effect on the State: Yes.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to watercraft; prohibiting the operation of certain motorboats by persons who do not satisfy certain requirements; prohibiting the rental or lease of certain motorboats to those persons; requiring the division of wildlife of the state department of conservation and natural resources to certify instructors to provide courses in safe boating; requiring the division to establish a database of persons who possess certificates relating to safe boating; revising provisions regarding the operation of personal watercraft; providing a penalty; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1    Section 1.  Chapter 488 of NRS is hereby amended by adding thereto

1-2  the provisions set forth as sections 2 to 5, inclusive, of this act.

1-3    Sec. 2.  As used in sections 2 to 5, inclusive, of this act, unless the

1-4  context otherwise requires, “division” means the division of wildlife of

1-5  the state department of conservation and natural resources.

1-6    Sec. 3.  1.  A person born on or after January 1, 1983, shall not

1-7  operate a motorboat that has a motor which exceeds 15 horsepower on

1-8  any waters of this state unless the operator:

1-9    (a) Has:

1-10      (1) Successfully completed a course in safe boating that is approved

1-11  by the National Association of State Boating Law Administrators or

1-12  passed a proficiency examination if the examination was proctored and

1-13  tested the knowledge of information included in the curriculum of such a

1-14  course; and

1-15      (2) Received a certificate as evidence of successful completion of

1-16  the course or passage of the examination;

2-1    (b) Possesses a license to operate a vessel issued for maritime

2-2  personnel by the United States Coast Guard pursuant to 46 C.F.R. Part

2-3  10 or an equivalent license issued by the Canadian Coast Guard;

2-4    (c) Possesses a nonrenewable temporary operator’s permit to operate

2-5  the motorboat which is valid for 60 days and was issued with the

2-6  certificate of number for the motorboat if the boat is new or was sold

2-7  with a transfer of ownership;

2-8    (d) Possesses a rental or lease agreement provided pursuant to

2-9  subsection 3 which lists the person as an authorized operator of the

2-10  motorboat; or

2-11    (e) Is not a resident of this state, is at least 18 years of age, is

2-12  temporarily using the waters of this state for a period not to exceed 60

2-13  consecutive days and satisfies any applicable requirements of his state of

2-14  residency or province relating to the operation of a motorboat.

2-15    2.  A person born on or after January 1, 1983, who is operating a

2-16  motorboat that has a motor which exceeds 15 horsepower on any waters

2-17  of this state and who is stopped by a game warden, sheriff or other peace

2-18  officer in the enforcement of this chapter or the regulations adopted

2-19  pursuant thereto shall present to the game warden, sheriff or peace

2-20  officer:

2-21    (a) The certificate received by the person pursuant to subparagraph

2-22  (2) of paragraph (a) of subsection 1;

2-23    (b) A license described in paragraph (b) of subsection 1;

2-24    (c) An operator’s permit for the motorboat described in paragraph (c)

2-25  of subsection 1;

2-26    (d) A rental or lease agreement for the motorboat provided pursuant

2-27  to subsection 3 which lists the person as an authorized operator of the

2-28  motorboat;

2-29    (e) Proof that he satisfies the requirements of paragraph (e) of

2-30  subsection 1.

2-31  Failure to present the certificate, license, permit, agreement or proof

2-32  constitutes prima facie evidence of a violation of subsection 1. A person

2-33  who fails to present the certificate, license, permit, agreement or proof is

2-34  guilty of a misdemeanor unless he presents the required documents in

2-35  court. The documents must prove that the person was operating the

2-36  motorboat in compliance with this section on the date of the violation.

2-37    3.  A person or his agent or employee engaged in the business of

2-38  renting or leasing motorboats shall not rent or lease a motorboat that has

2-39  a motor which exceeds 15 horsepower to any person born on or after

2-40  January 1, 1983, for operation on the waters of this state unless the

2-41  person:

2-42    (a) Is 18 years of age or older; and

2-43    (b) Signs an affidavit that he:

2-44      (1) Has successfully completed a course in safe boating that is

2-45  approved by the National Association of State Boating Law

2-46  Administrators or has passed a proficiency examination that was

2-47  proctored and tests knowledge of the information included in the

2-48  curriculum of such a course;

3-1       (2) Possesses a license to operate a vessel issued for maritime

3-2  personnel by the United States Coast Guard pursuant to 46 C.F.R. Part

3-3  10 or an equivalent license issued by the Canadian Coast Guard; or

3-4       (3) Is not a resident of this state, is temporarily using the waters of

3-5  this state for a period not to exceed 60 consecutive days and satisfies any

3-6  applicable requirements of his state of residency or province relating to

3-7  the operation of a motorboat.

3-8    4.  A person or his agent or employee engaged in the business of

3-9  renting or leasing motorboats shall list on each rental or lease agreement

3-10  for a motorboat the name and age of each person who is authorized to

3-11  operate the motorboat. The person to whom the motorboat is rented or

3-12  leased shall ensure that only those persons who are listed as authorized

3-13  operators are allowed to operate the motorboat. A person who is under 16

3-14  years of age may:

3-15    (a) Be listed as an authorized operator.

3-16    (b) Operate the motorboat only if an authorized operator who is 18

3-17  years of age or older is on board the motorboat and supervises the

3-18  person.

3-19    5.  A person or his agent or employee engaged in the business of

3-20  renting or leasing motorboats shall provide to each authorized operator

3-21  of a motorboat a summary of the statutes and regulations governing the

3-22  operation of a motorboat and instructions regarding the safe operation of

3-23  the motorboat. Each person who is listed as an authorized operator of the

3-24  motorboat shall review the summary of the statutes, regulations and

3-25  instructions before the motorboat departs from the rental or leasing

3-26  office.

3-27    Sec. 4. 1.  The division shall certify persons to provide, in

3-28  cooperation with the division, instruction in safe boating approved by the

3-29  National Association of State Boating Law Administrators. All persons

3-30  who successfully complete the course must be issued a certificate

3-31  evidencing successful completion.

3-32    2.  The division may offer the courses in cooperation with

3-33  organizations that provide education in safe boating, including, without

3-34  limitation, the United States Coast Guard Auxiliary and the United States

3-35  Power Squadrons.

3-36    3.  The division shall maintain a list, available for public inspection,

3-37  of the availability of courses in safe boating and any instructors who are

3-38  certified pursuant to subsection 1.

3-39    Sec. 5.  1.  A person born on or after January 1, 1983, who is a

3-40  resident of this state and who possesses a certificate that evidences his

3-41  successful:

3-42    (a) Completion of a course in safe boating that is approved by the

3-43  National Association of State Boating Law Administrators, including,

3-44  without limitation, courses offered pursuant to section 4 of this act and

3-45  courses offered by the United States Coast Guard Auxiliary or the United

3-46  States Power Squadrons; or

3-47    (b) Passage of a proficiency examination that was proctored and tests

3-48  the knowledge of the information included in the curriculum of such a

3-49  course,

4-1  shall submit or cause to be submitted a copy of the certificate to the

4-2  division. The division may request additional information necessary for

4-3  the division to maintain the database pursuant to subsection 2.

4-4    2.  The division shall establish and maintain a database of certificates

4-5  that it receives pursuant to subsection 1. The database must include,

4-6  without limitation, the:

4-7    (a) Name, date of birth and gender of the holder of the certificate;

4-8    (b) Date, location and name of the course that the holder of the

4-9  certificate completed or the examination that he passed; and

4-10    (c) Number on the certificate.

4-11    Sec. 6.  NRS 488.580 is hereby amended to read as follows:

4-12    488.580

 1.  A person shall not operate or authorize another person to

4-13  operate a personal watercraft under his ownership or control:

4-14    (a) In a reckless or negligent manner so as to endanger the life or

4-15  property of another person.

4-16    (b) Unless the operator and each passenger is wearing a personal

4-17  flotation device of a type approved by the United States Coast Guard and

4-18  prescribed by the regulations of the commission.

4-19    (c) Unless the operator is at least [12] 16 years of age.

4-20    (d) Unless the operator satisfies any applicable provisions of section 3

4-21  of this act.

4-22    2.  There is prima facie evidence that a person is operating a personal

4-23  watercraft in a reckless or negligent manner if that person commits two or

4-24  more of the following acts simultaneously:

4-25    (a) Operates the personal watercraft within a zone closer than 5 lengths

4-26  of the longest vessel, unless both are leaving a flat wake or traveling at a

4-27  speed of not more than 5 nautical miles per hour.

4-28    (b) Operates the personal watercraft in the vicinity of a motorboat in a

4-29  manner that obstructs the visibility of either operator.

4-30    (c) Heads into the wake of a motorboat which is within a zone closer

4-31  than 5 lengths of the longest vessel and causes one-half or more of the

4-32  length of the personal watercraft to leave the water.

4-33    (d) Within a zone closer than 5 lengths of the longest vessel, maneuvers

4-34  quickly, turns sharply or swerves, unless the maneuver is necessary to

4-35  avoid collision.

4-36    3.  As used in this section, “personal watercraft” means a class A

4-37  motorboat which:

4-38    (a) Is less than 13 feet in length;

4-39    (b) Is designed to be operated by a person sitting, standing or kneeling

4-40  on, rather than in, the motorboat;

4-41    (c) Is capable of performing sharp turns or quick maneuvers; and

4-42    (d) Has a motor that exceeds 10 horsepower.

4-43    Sec. 7.  NRS 488.950 is hereby amended to read as follows:

4-44    488.950

 1.  Except as otherwise provided in this chapter, any person

4-45  who violates any of the provisions of this chapter is guilty of a

4-46  misdemeanor.

4-47    2.  A court may prohibit a person who violates any of the provisions

4-48  of this chapter from operating a motorboat upon the waters of this state

4-49  until the person successfully completes, after the date of the violation, a

5-1  course in safe boating approved by the National Association of State

5-2  Boating Law Administrators.

5-3    Sec. 8.  The provisions of section 3 of this act do not apply to offenses

5-4  committed before January 1, 2003.

5-5    Sec. 9. 1.  This section and sections 1, 2, 4 and 8 of this act become

5-6  effective upon passage and approval.

5-7    2.  Section 5 of this act becomes effective upon passage and approval

5-8  for the purpose of establishing a database and on January 1, 2003, for all

5-9  other purposes.

5-10    3.  Sections 3, 6 and 7 of this act become effective on January 1, 2003.

 

5-11  H