Public Act 098-0102
Public Act 0102 98TH GENERAL ASSEMBLY
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Public Act 098-0102
| | SB1310 Enrolled | LRB098 06016 MLW 36055 b |
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| AN ACT concerning transportation.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Boat Registration and Safety Act is amended | by changing Sections 5-4, 5-22, 11A-2, and 11A-3 as follows:
| (625 ILCS 45/5-4) (from Ch. 95 1/2, par. 315-4)
| 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.
| 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:
| a. For all vessels designed for or represented by the | manufacturer as
being suitable for use with outboard motor:
| 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.
| 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.
| 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.
| 4. The maximum horsepower of the motor the vessel is | designed or
intended to accommodate.
| b. For all other vessels to which this Section applies:
| 1. The total weight of persons, gear and other articles | placed aboard
which the vessel is capable of carrying with | safety under normal
conditions.
| 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.
| 3. Clear notice that the information appearing on the | capacity plate is
applicable under normal conditions.
| (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
| 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.
| (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
| from liability for failure to comply with the requirements of | this Section.
| (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
| 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.
| (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
| 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
| thereafter be deemed compliance with the capacity plate | requirements of
this Section.
| (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.
| (8) The Department is authorized to issue and amend rules | and
regulations to carry out the purposes of this Section.
| 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.
| (Source: P.A. 82-783.)
| (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.
| (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.
| (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.
| (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.
| (f) If a violation of this Section results in damage to
the
| 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.
| (g) If a violation of this Section results in injury to
| 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 180
days and not more than 2 | years.
| (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.
| (i) The Department of Natural Resources shall, upon | receiving a record of a judgment
entered against a person under | this Section:
| (1) suspend the person's watercraft operating | privileges for the mandatory period; or
| (2) extend the period of an existing suspension by the | appropriate
mandatory period.
| (Source: P.A. 95-107, eff. 1-1-08.)
|
| (625 ILCS 45/11A-2) (from Ch. 95 1/2, par. 321A-2)
| 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.
| B. Any person who violates Section 3A-21 is guilty of a | Class 2 felony.
| (Source: P.A. 88-524.)
| (625 ILCS 45/11A-3) (from Ch. 95 1/2, par. 321A-3)
| 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.
| 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.
| (Source: P.A. 93-782, eff. 1-1-05.)
| Section 99. Effective date. This Act takes effect upon | becoming law.
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Effective Date: 07/22/2013
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