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.