exempt

      (REPRINTED WITH ADOPTED AMENDMENTS)

 

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.

 

~

 

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 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:

 

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

1-2  the provisions set forth as sections 2 to 7, inclusive, of this act.

1-3    Sec. 2.  As used in sections 2 to 7, inclusive, of this act, unless the

1-4  context otherwise requires, the words and terms defined in sections 3 and

1-5  4 of this act have the meanings ascribed to them in those sections.

1-6    Sec. 3.  “Division” means the division of wildlife of the state

1-7  department of conservation and natural resources.

1-8    Sec. 4.  “Interstate waters of the state” means waters forming the

1-9  boundary between the State of Nevada and an adjoining state.

1-10    Sec. 5.  1.  A person born on or after January 1, 1983, shall not

1-11  operate a motorboat that has a motor which exceeds 15 horsepower on

1-12  any interstate waters of this state unless the operator:

1-13    (a) Has:

1-14      (1) Successfully completed a course in safe boating that is approved

1-15  by the National Association of State Boating Law Administrators or

1-16  passed a proficiency examination if the examination was proctored and

1-17  tested the knowledge of information included in the curriculum of such a

1-18  course; and

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

2-2  the course or passage of the examination;

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

2-4  personnel by the United States Coast Guard pursuant to 46 C.F.R. Part

2-5  10 or an equivalent license issued by the Canadian Coast Guard;

2-6    (c) Possesses a nonrenewable temporary operator’s permit to operate

2-7  the motorboat which is valid for 60 days and was issued with the

2-8  certificate of number for the motorboat if the boat is new or was sold

2-9  with a transfer of ownership;

2-10    (d) Possesses a rental or lease agreement provided pursuant to

2-11  subsection 3 which lists the person as an authorized operator of the

2-12  motorboat; or

2-13    (e) Is not a resident of this state, is at least 18 years of age, is

2-14  temporarily using the interstate waters of this state for a period not to

2-15  exceed 60 consecutive days and satisfies any applicable requirements of

2-16  his state of residency or province relating to the operation of a

2-17  motorboat.

2-18    2.  A person born on or after January 1, 1983, who is operating a

2-19  motorboat that has a motor which exceeds 15 horsepower on any

2-20  interstate waters of this state and who is stopped by a game warden,

2-21  sheriff or other peace officer in the enforcement of this chapter or the

2-22  regulations adopted pursuant thereto shall present to the game warden,

2-23  sheriff or peace officer:

2-24    (a) The certificate received by the person pursuant to subparagraph

2-25  (2) of paragraph (a) of subsection 1;

2-26    (b) A license described in paragraph (b) of subsection 1;

2-27    (c) An operator’s permit for the motorboat described in paragraph (c)

2-28  of subsection 1;

2-29    (d) A rental or lease agreement for the motorboat provided pursuant

2-30  to subsection 3 which lists the person as an authorized operator of the

2-31  motorboat;

2-32    (e) Proof that he satisfies the requirements of paragraph (e) of

2-33  subsection 1.

2-34  Failure to present the certificate, license, permit, agreement or proof

2-35  constitutes prima facie evidence of a violation of subsection 1. A person

2-36  who fails to present the certificate, license, permit, agreement or proof is

2-37  guilty of a misdemeanor unless he presents the required documents in

2-38  court. The documents must prove that the person was operating the

2-39  motorboat in compliance with this section on the date of the violation.

2-40    3.  A person or his agent or employee engaged in the business of

2-41  renting or leasing motorboats for operation on the interstate waters of

2-42  this state shall not rent or lease a motorboat that has a motor which

2-43  exceeds 15 horsepower to any person born on or after January 1, 1983,

2-44  for operation on the interstate waters of this state unless the person:

2-45    (a) Is 18 years of age or older; and

2-46    (b) Signs an affidavit that he:

2-47      (1) Has successfully completed a course in safe boating that is

2-48  approved by the National Association of State Boating Law

2-49  Administrators or has passed a proficiency examination that was

3-1  proctored and tests knowledge of the information included in the

3-2  curriculum of such a course;

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

3-4  personnel by the United States Coast Guard pursuant to 46 C.F.R. Part

3-5  10 or an equivalent license issued by the Canadian Coast Guard; or

3-6       (3) Is not a resident of this state, is temporarily using the interstate

3-7  waters of this state for a period not to exceed 60 consecutive days and

3-8  satisfies any applicable requirements of his state of residency or province

3-9  relating to the operation of a motorboat.

3-10    4.  A person or his agent or employee engaged in the business of

3-11  renting or leasing motorboats for operation on the interstate waters of

3-12  this state shall list on each rental or lease agreement for a motorboat the

3-13  name and age of each person who is authorized to operate the motorboat.

3-14  The person to whom the motorboat is rented or leased shall ensure that

3-15  only those persons who are listed as authorized operators are allowed to

3-16  operate the motorboat. A person who is under 16 years of age may:

3-17    (a) Be listed as an authorized operator.

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

3-19  years of age or older is on board the motorboat and supervises the

3-20  person.

3-21    5.  A person or his agent or employee engaged in the business of

3-22  renting or leasing motorboats for operation on the interstate waters of

3-23  this state shall provide to each authorized operator of a motorboat a

3-24  summary of the statutes and regulations governing the operation of a

3-25  motorboat and instructions regarding the safe operation of the

3-26  motorboat. Each person who is listed as an authorized operator of the

3-27  motorboat shall review the summary of the statutes, regulations and

3-28  instructions before the motorboat departs from the rental or leasing

3-29  office.

3-30    Sec. 6. 1.  The division shall certify persons to provide, in

3-31  cooperation with the division, instruction in safe boating approved by the

3-32  National Association of State Boating Law Administrators. All persons

3-33  who successfully complete the course must be issued a certificate

3-34  evidencing successful completion.

3-35    2.  The division may offer the courses in cooperation with

3-36  organizations that provide education in safe boating, including, without

3-37  limitation, the United States Coast Guard Auxiliary and the United States

3-38  Power Squadrons.

3-39    3.  The division shall maintain a list, available for public inspection,

3-40  of the availability of courses in safe boating and any instructors who are

3-41  certified pursuant to subsection 1.

3-42    Sec. 7.  1.  A person born on or after January 1, 1983, who is a

3-43  resident of this state and who possesses a certificate that evidences his

3-44  successful:

3-45    (a) Completion of a course in safe boating that is approved by the

3-46  National Association of State Boating Law Administrators, including,

3-47  without limitation, courses offered pursuant to section 6 of this act and

3-48  courses offered by the United States Coast Guard Auxiliary or the United

3-49  States Power Squadrons; or

4-1    (b) Passage of a proficiency examination that was proctored and tests

4-2  the knowledge of the information included in the curriculum of such a

4-3  course,

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

4-5  division. The division may request additional information necessary for

4-6  the division to maintain the database pursuant to subsection 2.

4-7    2.  The division shall establish and maintain a database of certificates

4-8  that it receives pursuant to subsection 1. The database must include,

4-9  without limitation, the:

4-10    (a) Name, date of birth and gender of the holder of the certificate;

4-11    (b) Date, location and name of the course that the holder of the

4-12  certificate completed or the examination that he passed; and

4-13    (c) Number on the certificate.

4-14    Sec. 8.  NRS 488.580 is hereby amended to read as follows:

4-15    488.580

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

4-16  operate a personal watercraft under his ownership or control:

4-17    (a) In a reckless or negligent manner so as to endanger the life or

4-18  property of another person.

4-19    (b) Unless the operator is wearing a personal flotation device of a type

4-20  approved by the United States Coast Guard and prescribed by the

4-21  regulations of the commission.

4-22    (c) Unless the operator is at least [12] 14 years of age.

4-23    (d) Unless the operator satisfies any applicable provisions of section 5

4-24  of this act.

4-25    2.  There is prima facie evidence that a person is operating a personal

4-26  watercraft in a reckless or negligent manner if that person commits two or

4-27  more of the following acts simultaneously:

4-28    (a) Operates the personal watercraft within a zone closer than 5 lengths

4-29  of the longest vessel, unless both are leaving a flat wake or traveling at a

4-30  speed of not more than 5 nautical miles per hour.

4-31    (b) Operates the personal watercraft in the vicinity of a motorboat in a

4-32  manner that obstructs the visibility of either operator.

4-33    (c) Heads into the wake of a motorboat which is within a zone closer

4-34  than 5 lengths of the longest vessel and causes one-half or more of the

4-35  length of the personal watercraft to leave the water.

4-36    (d) Within a zone closer than 5 lengths of the longest vessel, maneuvers

4-37  quickly, turns sharply or swerves, unless the maneuver is necessary to

4-38  avoid collision.

4-39    3.  As used in this section, “personal watercraft” means a class A

4-40  motorboat which:

4-41    (a) Is less than 13 feet in length;

4-42    (b) Is designed to be operated by a person sitting, standing or kneeling

4-43  on, rather than in, the motorboat;

4-44    (c) Is capable of performing sharp turns or quick maneuvers; and

4-45    (d) Has a motor that exceeds 10 horsepower.

4-46    Sec. 9.  NRS 488.950 is hereby amended to read as follows:

4-47    488.950

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

4-48  who violates any of the provisions of this chapter is guilty of a

4-49  misdemeanor.

5-1    2.  A court may prohibit a person who violates any of the provisions

5-2  of this chapter from operating a motorboat upon the interstate waters of

5-3  this state until the person successfully completes, after the date of the

5-4  violation, a course in safe boating approved by the National Association

5-5  of State Boating Law Administrators. As used in this subsection,

5-6  “interstate waters of this state” means waters forming the boundary

5-7  between the State of Nevada and an adjoining state.

5-8    Sec. 10.  The provisions of section 5 of this act do not apply to

5-9  offenses committed before January 1, 2003.

5-10    Sec. 11. 1.  This section and sections 1 to 4, inclusive, 6 and 10 of

5-11  this act become effective upon passage and approval.

5-12    2.  Section 7 of this act becomes effective upon passage and approval

5-13  for the purpose of establishing a database and on January 1, 2003, for all

5-14  other purposes.

5-15    3.  Sections 5, 8 and 9 of this act become effective on January 1, 2003.

 

5-16  H