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| Public Act 098-0698 | ||||
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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 Section 5-18 as follows:
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(625 ILCS 45/5-18) (from Ch. 95 1/2, par. 315-13)
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Sec. 5-18.
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(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
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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.
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(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.
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(h) The Department of Natural Resources, Division of Law
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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
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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
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safety courses throughout the State of Illinois.
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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
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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.
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(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
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operator's license, but shall certify only that the student | ||
has
successfully passed a course in boating safety | ||
instruction.
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(j) The Department of Natural Resources, Division of Law
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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.
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(Source: P.A. 91-357, eff. 7-29-99.)
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