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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Boat Registration and Safety Act is amended | ||||||
5 | by changing Sections 5-4, 5-22, 11A-2, and 11A-3 as follows:
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6 | (625 ILCS 45/5-4) (from Ch. 95 1/2, par. 315-4)
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7 | Sec. 5-4. Overloading. A. No motorboat may be loaded with | ||||||
8 | passengers or cargo beyond its safe
carrying capacity taking | ||||||
9 | into consideration weather and other existing
operating | ||||||
10 | conditions. Water skiers, tubers, parasailers, or other | ||||||
11 | persons towed by the motorboat shall be considered part of the | ||||||
12 | total number of passengers and cargo allowed by a watercraft's | ||||||
13 | capacity plate for the purpose of determining a motorboat's | ||||||
14 | carrying capacity.
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15 | B. Capacity plates. (1) Every vessel less than 26 feet in | ||||||
16 | length,
designed to carry 2 or more persons and to be propelled | ||||||
17 | by machinery as its
principal source of power or designed to be | ||||||
18 | propelled by oars shall, if
manufactured or offered for sale in | ||||||
19 | this State, have affixed permanently
thereto by the | ||||||
20 | manufacturer a capacity plate as required by this Section.
As | ||||||
21 | used in this Section, "manufacture" means to construct or | ||||||
22 | assemble a
vessel or alter a vessel in such manner as to change | ||||||
23 | its weight capacity.
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1 | (2) A capacity plate shall bear the following information | ||||||
2 | permanently
marked thereon in such manner as to be clearly | ||||||
3 | visible and legible from the
position designed or normally | ||||||
4 | intended to be occupied by the operator of
the vessel when | ||||||
5 | under way:
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6 | a. For all vessels designed for or represented by the | ||||||
7 | manufacturer as
being suitable for use with outboard motor:
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8 | 1. The total weight of persons, motor, gear and other | ||||||
9 | articles placed
aboard which the vessel is capable of carrying | ||||||
10 | with safety under normal
conditions.
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11 | 2. The recommended number of persons commensurate with the | ||||||
12 | weight
capacity of the vessel and the presumed weight in pounds | ||||||
13 | of each such
person. In no instance may such presumed weight | ||||||
14 | per person be less than 150
pounds.
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15 | 3. Clear notice that the information appearing on the | ||||||
16 | capacity plate is
applicable under normal conditions and that | ||||||
17 | the weight of the outboard
motor and associated equipment is | ||||||
18 | considered to be part of total weight
capacity.
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19 | 4. The maximum horsepower of the motor the vessel is | ||||||
20 | designed or
intended to accommodate.
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21 | b. For all other vessels to which this Section applies:
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22 | 1. The total weight of persons, gear and other articles | ||||||
23 | placed aboard
which the vessel is capable of carrying with | ||||||
24 | safety under normal
conditions.
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25 | 2. The recommended number of persons commensurate with the | ||||||
26 | weight
capacity of the vessel and the presumed weight in pounds |
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1 | of each such
person. In no instance shall such presumed weight | ||||||
2 | per person be less than
150 pounds.
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3 | 3. Clear notice that the information appearing on the | ||||||
4 | capacity plate is
applicable under normal conditions.
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5 | (3) The information relating to maximum capacity required | ||||||
6 | to appear on
capacity plates by Subsection B (2) of this | ||||||
7 | Section shall be determined in
accordance with such methods and | ||||||
8 | formulas as shall be prescribed by rule or
regulation adopted | ||||||
9 | by the Department. In prescribing such methods and
formulas, | ||||||
10 | the Department shall be guided by and give due regard to the
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11 | necessity for uniformity in methods and formulas lawful for use | ||||||
12 | in
determining small vessel capacity in the several states and | ||||||
13 | to any methods
and formulas which may be recognized or | ||||||
14 | recommended by the United States
Coast Guard or any agency | ||||||
15 | successor thereto.
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16 | (4) Any vessel to which this Section applies, not having a | ||||||
17 | capacity
plate meeting the requirements of law affixed thereto | ||||||
18 | by the manufacturer
thereof, may have such affixed by any other | ||||||
19 | person in accordance with such
rules and regulations as the | ||||||
20 | Department may prescribe and may thereafter be
offered for sale | ||||||
21 | in this State, but no action taken pursuant to this
Section or | ||||||
22 | in the manner described herein, shall relieve any manufacturer
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23 | from liability for failure to comply with the requirements of | ||||||
24 | this Section.
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25 | (5) The information appearing on a capacity plate shall be | ||||||
26 | deemed to
warrant that the manufacturer, or the person affixing |
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1 | the capacity plate is
permitted by Subsection B (4) of this | ||||||
2 | Section, as the case may be, has
correctly and faithfully | ||||||
3 | employed a method and formula for the calculation
of maximum | ||||||
4 | weight capacity prescribed by the Department and that the
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5 | information appearing on the capacity plate with respect to | ||||||
6 | maximum weight
capacity and recommended number of persons is | ||||||
7 | the result of the application
of such method and formula, and | ||||||
8 | with respect to information concerning
horsepower limitations, | ||||||
9 | that such information is not a deliberate or
negligent | ||||||
10 | misrepresentation.
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11 | (6) If any vessel required by this Section to have a | ||||||
12 | capacity plate
affixed thereto is of such design or | ||||||
13 | construction as to make it
impracticable or undesirable to | ||||||
14 | affix such plate, the manufacturer, or
other person having the | ||||||
15 | responsibility for affixing the plate, may
represent such | ||||||
16 | impracticability or undesirability to the Department in
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17 | writing. Upon determination by the Department that such | ||||||
18 | representation has
merit and that a proper and effective | ||||||
19 | substitute for the capacity plate
which will serve the same | ||||||
20 | purpose is feasible, the Department may authorize
such | ||||||
21 | alternative compliance and such alternative compliance shall
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22 | thereafter be deemed compliance with the capacity plate | ||||||
23 | requirements of
this Section.
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24 | (7) The Department may by rules or regulations exempt from | ||||||
25 | the
requirements of this Section vessels which it finds to be | ||||||
26 | of such
unconventional design or construction that the |
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1 | information required on
capacity plates would not assist in | ||||||
2 | promoting safety or is not reasonably
obtainable.
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3 | (8) The Department is authorized to issue and amend rules | ||||||
4 | and
regulations to carry out the purposes of this Section.
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5 | Failure to affix a proper capacity plate shall constitute a | ||||||
6 | separate
violation of this subsection B for each vessel with | ||||||
7 | respect to which such
failure occurs.
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8 | (Source: P.A. 82-783.)
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9 | (625 ILCS 45/5-22) | ||||||
10 | Sec. 5-22. Operation of watercraft upon the approach of an | ||||||
11 | authorized emergency watercraft. | ||||||
12 | (a) As used in this Section, "authorized emergency | ||||||
13 | watercraft" includes any watercraft operated by the Illinois | ||||||
14 | Department of Natural Resources Police, the Illinois | ||||||
15 | Department of State Police, a county sheriff, a local law | ||||||
16 | enforcement agency, a fire department, a provider of emergency | ||||||
17 | medical services, or the United States Coast Guard, equipped | ||||||
18 | with alternately flashing red, blue, red and white, red and | ||||||
19 | blue, or red in combination with white or blue lights, while | ||||||
20 | engaged in official duties. Any authorized emergency | ||||||
21 | watercraft must be clearly emblazoned with markings | ||||||
22 | identifying it as a watercraft operated by the qualifying | ||||||
23 | agency. | ||||||
24 | (b) Upon the immediate approach of an authorized emergency | ||||||
25 | watercraft making use of rotating or flashing visual signals |
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1 | and lawfully making use of a visual signal, the operator of | ||||||
2 | every other watercraft
shall yield the right-of-way and shall | ||||||
3 | immediately reduce the speed of the watercraft, so as not to | ||||||
4 | create a wake, and shall yield way to the emergency watercraft, | ||||||
5 | moving to the right to permit the safe passage of the emergency | ||||||
6 | watercraft, and shall stop and remain in that position until | ||||||
7 | the authorized emergency watercraft has passed, unless | ||||||
8 | otherwise directed by a police officer.
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9 | (c) Upon approaching a stationary authorized emergency | ||||||
10 | watercraft, when the
authorized emergency watercraft is giving | ||||||
11 | a signal by displaying rotating or alternately
flashing
red, | ||||||
12 | blue, red and white, red and blue, or red in combination with | ||||||
13 | white or blue lights, a
person operating an approaching | ||||||
14 | watercraft shall proceed with due caution at no-wake speed and | ||||||
15 | yield the right-of-way by moving safely away from that | ||||||
16 | authorized emergency watercraft, proceeding with due caution | ||||||
17 | at a no-wake speed with due regard to safety and water | ||||||
18 | conditions, maintaining no-wake speed until sufficiently away | ||||||
19 | from the emergency watercraft so as not to create a wake that | ||||||
20 | would otherwise rock or otherwise disturb the authorized | ||||||
21 | emergency watercraft.
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22 | (d) This Section shall not operate to relieve the operator | ||||||
23 | of an
authorized emergency watercraft from the duty to operate | ||||||
24 | that watercraft with due regard for the
safety of all persons | ||||||
25 | using the waterway.
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26 | (e) A person who violates this Section commits a business
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1 | offense punishable by a fine of not less than $100 or more than | ||||||
2 | $10,000. It is a factor in
aggravation if the person committed | ||||||
3 | the offense while in violation of Section
5-16 of this Act.
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4 | (f) If a violation of this Section results in damage to
the
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5 | property of another person, in addition to any other penalty | ||||||
6 | imposed,
the person's watercraft operating privileges shall be | ||||||
7 | suspended for a fixed
period of not less than 90 days and not | ||||||
8 | more than one year.
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9 | (g) If a violation of this Section results in injury to
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10 | another
person, in addition to any other penalty imposed,
the | ||||||
11 | person's watercraft operating privileges shall be suspended | ||||||
12 | for a fixed period of not
less
than 180
days and not more than 2 | ||||||
13 | years.
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14 | (h) If a violation of subsection (c) of this Section | ||||||
15 | results in great bodily harm or permanent disability or | ||||||
16 | disfigurement to, or the death of,
another person, in addition | ||||||
17 | to any other penalty imposed,
the person's watercraft operating | ||||||
18 | privileges shall be suspended for 2 years.
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19 | (i) The Department of Natural Resources shall, upon | ||||||
20 | receiving a record of a judgment
entered against a person under | ||||||
21 | this Section:
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22 | (1) suspend the person's watercraft operating | ||||||
23 | privileges for the mandatory period; or
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24 | (2) extend the period of an existing suspension by the | ||||||
25 | appropriate
mandatory period.
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26 | (Source: P.A. 95-107, eff. 1-1-08.)
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1 | (625 ILCS 45/11A-2) (from Ch. 95 1/2, par. 321A-2)
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2 | Sec. 11A-2. A. Any person who violates Section 3-11, 3A-3, | ||||||
3 | 3A-13, 3A-14, or 3A-20
is guilty of a Class A misdemeanor.
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4 | B. Any person who violates Section 3A-21 is guilty of a | ||||||
5 | Class 2 felony.
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6 | (Source: P.A. 88-524.)
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7 | (625 ILCS 45/11A-3) (from Ch. 95 1/2, par. 321A-3)
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8 | Sec. 11A-3. Any person who violates any of the provisions | ||||||
9 | of Section
5-1 , 7-1, or 7-8 of this Act is guilty of a Class B | ||||||
10 | misdemeanor.
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11 | Any person who violates Section 5-2 of this Act is
guilty | ||||||
12 | of a Class A misdemeanor, except that aggravated reckless | ||||||
13 | operation of a
watercraft is a Class 4 felony.
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14 | (Source: P.A. 93-782, eff. 1-1-05.)
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15 | Section 99. Effective date. This Act takes effect upon | ||||||
16 | becoming law.
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