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Public Act 098-0102


 

Public Act 0102 98TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 098-0102
 
SB1310 EnrolledLRB098 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.

Effective Date: 07/22/2013