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| Public Act 098-0102 | ||||
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Boat Registration and Safety Act is amended | ||||
by changing Sections 5-4, 5-22, 11A-2, and 11A-3 as follows:
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(625 ILCS 45/5-4) (from Ch. 95 1/2, par. 315-4)
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Sec. 5-4. Overloading. A. No motorboat may be loaded with | ||||
passengers or cargo beyond its safe
carrying capacity taking | ||||
into consideration weather and other existing
operating | ||||
conditions. Water skiers, tubers, parasailers, or other | ||||
persons towed by the motorboat shall be considered part of the | ||||
total number of passengers and cargo allowed by a watercraft's | ||||
capacity plate for the purpose of determining a motorboat's | ||||
carrying capacity.
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B. Capacity plates. (1) Every vessel less than 26 feet in | ||||
length,
designed to carry 2 or more persons and to be propelled | ||||
by machinery as its
principal source of power or designed to be | ||||
propelled by oars shall, if
manufactured or offered for sale in | ||||
this State, have affixed permanently
thereto by the | ||||
manufacturer a capacity plate as required by this Section.
As | ||||
used in this Section, "manufacture" means to construct or | ||||
assemble a
vessel or alter a vessel in such manner as to change | ||||
its weight capacity.
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(2) A capacity plate shall bear the following information | ||
permanently
marked thereon in such manner as to be clearly | ||
visible and legible from the
position designed or normally | ||
intended to be occupied by the operator of
the vessel when | ||
under way:
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a. For all vessels designed for or represented by the | ||
manufacturer as
being suitable for use with outboard motor:
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1. The total weight of persons, motor, gear and other | ||
articles placed
aboard which the vessel is capable of carrying | ||
with safety under normal
conditions.
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2. The recommended number of persons commensurate with the | ||
weight
capacity of the vessel and the presumed weight in pounds | ||
of each such
person. In no instance may such presumed weight | ||
per person be less than 150
pounds.
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3. Clear notice that the information appearing on the | ||
capacity plate is
applicable under normal conditions and that | ||
the weight of the outboard
motor and associated equipment is | ||
considered to be part of total weight
capacity.
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4. The maximum horsepower of the motor the vessel is | ||
designed or
intended to accommodate.
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b. For all other vessels to which this Section applies:
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1. The total weight of persons, gear and other articles | ||
placed aboard
which the vessel is capable of carrying with | ||
safety under normal
conditions.
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2. The recommended number of persons commensurate with the | ||
weight
capacity of the vessel and the presumed weight in pounds | ||
of each such
person. In no instance shall such presumed weight | ||
per person be less than
150 pounds.
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3. Clear notice that the information appearing on the | ||
capacity plate is
applicable under normal conditions.
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(3) The information relating to maximum capacity required | ||
to appear on
capacity plates by Subsection B (2) of this | ||
Section shall be determined in
accordance with such methods and | ||
formulas as shall be prescribed by rule or
regulation adopted | ||
by the Department. In prescribing such methods and
formulas, | ||
the Department shall be guided by and give due regard to the
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necessity for uniformity in methods and formulas lawful for use | ||
in
determining small vessel capacity in the several states and | ||
to any methods
and formulas which may be recognized or | ||
recommended by the United States
Coast Guard or any agency | ||
successor thereto.
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(4) Any vessel to which this Section applies, not having a | ||
capacity
plate meeting the requirements of law affixed thereto | ||
by the manufacturer
thereof, may have such affixed by any other | ||
person in accordance with such
rules and regulations as the | ||
Department may prescribe and may thereafter be
offered for sale | ||
in this State, but no action taken pursuant to this
Section or | ||
in the manner described herein, shall relieve any manufacturer
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from liability for failure to comply with the requirements of | ||
this Section.
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(5) The information appearing on a capacity plate shall be | ||
deemed to
warrant that the manufacturer, or the person affixing | ||
the capacity plate is
permitted by Subsection B (4) of this | ||
Section, as the case may be, has
correctly and faithfully | ||
employed a method and formula for the calculation
of maximum | ||
weight capacity prescribed by the Department and that the
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information appearing on the capacity plate with respect to | ||
maximum weight
capacity and recommended number of persons is | ||
the result of the application
of such method and formula, and | ||
with respect to information concerning
horsepower limitations, | ||
that such information is not a deliberate or
negligent | ||
misrepresentation.
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(6) If any vessel required by this Section to have a | ||
capacity plate
affixed thereto is of such design or | ||
construction as to make it
impracticable or undesirable to | ||
affix such plate, the manufacturer, or
other person having the | ||
responsibility for affixing the plate, may
represent such | ||
impracticability or undesirability to the Department in
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writing. Upon determination by the Department that such | ||
representation has
merit and that a proper and effective | ||
substitute for the capacity plate
which will serve the same | ||
purpose is feasible, the Department may authorize
such | ||
alternative compliance and such alternative compliance shall
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thereafter be deemed compliance with the capacity plate | ||
requirements of
this Section.
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(7) The Department may by rules or regulations exempt from | ||
the
requirements of this Section vessels which it finds to be | ||
of such
unconventional design or construction that the | ||
information required on
capacity plates would not assist in | ||
promoting safety or is not reasonably
obtainable.
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(8) The Department is authorized to issue and amend rules | ||
and
regulations to carry out the purposes of this Section.
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Failure to affix a proper capacity plate shall constitute a | ||
separate
violation of this subsection B for each vessel with | ||
respect to which such
failure occurs.
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(Source: P.A. 82-783.)
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(625 ILCS 45/5-22) | ||
Sec. 5-22. Operation of watercraft upon the approach of an | ||
authorized emergency watercraft. | ||
(a) As used in this Section, "authorized emergency | ||
watercraft" includes any watercraft operated by the Illinois | ||
Department of Natural Resources Police, the Illinois | ||
Department of State Police, a county sheriff, a local law | ||
enforcement agency, a fire department, a provider of emergency | ||
medical services, or the United States Coast Guard, equipped | ||
with alternately flashing red, blue, red and white, red and | ||
blue, or red in combination with white or blue lights, while | ||
engaged in official duties. Any authorized emergency | ||
watercraft must be clearly emblazoned with markings | ||
identifying it as a watercraft operated by the qualifying | ||
agency. | ||
(b) Upon the immediate approach of an authorized emergency | ||
watercraft making use of rotating or flashing visual signals | ||
and lawfully making use of a visual signal, the operator of | ||
every other watercraft
shall yield the right-of-way and shall | ||
immediately reduce the speed of the watercraft, so as not to | ||
create a wake, and shall yield way to the emergency watercraft, | ||
moving to the right to permit the safe passage of the emergency | ||
watercraft, and shall stop and remain in that position until | ||
the authorized emergency watercraft has passed, unless | ||
otherwise directed by a police officer.
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(c) Upon approaching a stationary authorized emergency | ||
watercraft, when the
authorized emergency watercraft is giving | ||
a signal by displaying rotating or alternately
flashing
red, | ||
blue, red and white, red and blue, or red in combination with | ||
white or blue lights, a
person operating an approaching | ||
watercraft shall proceed with due caution at no-wake speed and | ||
yield the right-of-way by moving safely away from that | ||
authorized emergency watercraft, proceeding with due caution | ||
at a no-wake speed with due regard to safety and water | ||
conditions, maintaining no-wake speed until sufficiently away | ||
from the emergency watercraft so as not to create a wake that | ||
would otherwise rock or otherwise disturb the authorized | ||
emergency watercraft.
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(d) This Section shall not operate to relieve the operator | ||
of an
authorized emergency watercraft from the duty to operate | ||
that watercraft with due regard for the
safety of all persons | ||
using the waterway.
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(e) A person who violates this Section commits a business
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offense punishable by a fine of not less than $100 or more than | ||
$10,000. It is a factor in
aggravation if the person committed | ||
the offense while in violation of Section
5-16 of this Act.
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(f) If a violation of this Section results in damage to
the
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property of another person, in addition to any other penalty | ||
imposed,
the person's watercraft operating privileges shall be | ||
suspended for a fixed
period of not less than 90 days and not | ||
more than one year.
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(g) If a violation of this Section results in injury to
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another
person, in addition to any other penalty imposed,
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person's watercraft operating privileges shall be suspended | ||
for a fixed period of not
less
than 180
days and not more than 2 | ||
years.
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(h) If a violation of subsection (c) of this Section | ||
results in great bodily harm or permanent disability or | ||
disfigurement to, or the death of,
another person, in addition | ||
to any other penalty imposed,
the person's watercraft operating | ||
privileges shall be suspended for 2 years.
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(i) The Department of Natural Resources shall, upon | ||
receiving a record of a judgment
entered against a person under | ||
this Section:
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(1) suspend the person's watercraft operating | ||
privileges for the mandatory period; or
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(2) extend the period of an existing suspension by the | ||
appropriate
mandatory period.
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(Source: P.A. 95-107, eff. 1-1-08.)
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(625 ILCS 45/11A-2) (from Ch. 95 1/2, par. 321A-2)
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Sec. 11A-2. A. Any person who violates Section 3-11, 3A-3, | ||
3A-13, 3A-14, or 3A-20
is guilty of a Class A misdemeanor.
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B. Any person who violates Section 3A-21 is guilty of a | ||
Class 2 felony.
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(Source: P.A. 88-524.)
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(625 ILCS 45/11A-3) (from Ch. 95 1/2, par. 321A-3)
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Sec. 11A-3. Any person who violates any of the provisions | ||
of Section
5-1, 7-1, or 7-8 of this Act is guilty of a Class B | ||
misdemeanor.
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Any person who violates Section 5-2 of this Act is
guilty | ||
of a Class A misdemeanor, except that aggravated reckless | ||
operation of a
watercraft is a Class 4 felony.
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(Source: P.A. 93-782, eff. 1-1-05.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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