|
Public Act 098-0102
|
| SB1310 Enrolled | LRB098 06016 MLW 36055 b |
|
|
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.
|
|
(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
|
|
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.
|