Assembly Bill No. 469–Assemblymen Beers, Collins, Brown, Hettrick, Humke, Lee, Ohrenschall, Price and Tiffany
CHAPTER..........
AN ACT relating to watercraft; prohibiting the operation of certain motorboats on certain waters 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:
Section 1. Chapter 488 of NRS is hereby amended by adding thereto
the provisions set forth as sections 2 to 7, inclusive, of this act.
Sec. 2. As used in sections 2 to 7, inclusive, of this act, unless the
context otherwise requires, the words and terms defined in sections 3
and 4 of this act have the meanings ascribed to them in those sections.
Sec. 3. “Division” means the division of wildlife of the state
department of conservation and natural resources.
Sec. 4. “Interstate waters of the state” means waters forming the
boundary between the State of Nevada and an adjoining state.
Sec. 5. 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;
(e) Proof that he satisfies the requirements of paragraph (e) of
subsection 1.
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.
Sec. 6. 1. The division shall certify persons to provide, in
cooperation with the division, instruction in safe boating approved by
the National Association of State Boating Law Administrators. All
persons who successfully complete the course must be issued a
certificate evidencing successful completion.
2. The division may offer the courses in cooperation with
organizations that provide education in safe boating, including, without
limitation, the United States Coast Guard Auxiliary and the United
States Power Squadrons.
3. The division shall maintain a list, available for public inspection,
of the availability of courses in safe boating and any instructors who are
certified pursuant to subsection 1.
Sec. 7. 1. A person born on or after January 1, 1983, who is a
resident of this state and who possesses a certificate that evidences his
successful:
(a) Completion of a course in safe boating that is approved by the
National Association of State Boating Law Administrators, including,
without limitation, courses offered pursuant to section 6 of this act and
courses offered by the United States Coast Guard Auxiliary or the
United States Power Squadrons; or
(b) Passage of a proficiency examination that was proctored and tests
the knowledge of the information included in the curriculum of such a
course,
shall submit or cause to be submitted a copy of the certificate to the
division. The division may request additional information necessary for
the division to maintain the database pursuant to subsection 2.
2. The division shall establish and maintain a database of certificates
that it receives pursuant to subsection 1. The database must include,
without limitation, the:
(a) Name, date of birth and gender of the holder of the certificate;
(b) Date, location and name of the course that the holder of the
certificate completed or the examination that he passed; and
(c) Number on the certificate.
Sec. 8. NRS 488.580 is hereby amended to read as follows:
1. A person shall not operate or authorize another person to
operate a personal watercraft under his ownership or control:
(a) In a reckless or negligent manner so as to endanger the life or
property of another person.
(b) Unless the operator is wearing a personal flotation device of a type
approved by the United States Coast Guard and prescribed by the
regulations of the commission.
(c) Unless the operator is at least [12] 14 years of age.
(d) Unless the operator satisfies any applicable provisions of section 5
of this act.
2. There is prima facie evidence that a person is operating a personal
watercraft in a reckless or negligent manner if that person commits two or
more of the following acts simultaneously:
(a) Operates the personal watercraft within a zone closer than 5 lengths
of the longest vessel, unless both are leaving a flat wake or traveling at a
speed of not more than 5 nautical miles per hour.
(b) Operates the personal watercraft in the vicinity of a motorboat in a
manner that obstructs the visibility of either operator.
(c) Heads into the wake of a motorboat which is within a zone closer
than 5 lengths of the longest vessel and causes one-half or more of the
length of the personal watercraft to leave the water.
(d) Within a zone closer than 5 lengths of the longest vessel, maneuvers
quickly, turns sharply or swerves, unless the maneuver is necessary to
avoid collision.
3. As used in this section, “personal watercraft” means a class A
motorboat which:
(a) Is less than 13 feet in length;
(b) Is designed to be operated by a person sitting, standing or kneeling
on, rather than in, the motorboat;
(c) Is capable of performing sharp turns or quick maneuvers; and
(d) Has a motor that exceeds 10 horsepower.
Sec. 9. NRS 488.950 is hereby amended to read as follows:
1. Except as otherwise provided in this chapter, any person
who violates any of the provisions of this chapter is guilty of a
misdemeanor.
2. A court may prohibit a person who violates any of the provisions
of this chapter from operating a motorboat upon the interstate waters of
this state until the person successfully completes, after the date of the
violation, a course in safe boating approved by the National Association
of State Boating Law Administrators. As used in this subsection,
“interstate waters of this state” means waters forming the boundary
between the State of Nevada and an adjoining state.
Sec. 10. The provisions of section 5 of this act do not apply to
offenses committed before January 1, 2003.
Sec. 11. 1. This section and sections 1 to 4, inclusive, 6 and 10 of
this act become effective upon passage and approval.
2. Section 7 of this act becomes effective upon passage and approval
for the purpose of establishing a database and on January 1, 2003, for all
other purposes.
3. Sections 5, 8 and 9 of this act become effective on January 1, 2003.
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