Illinois General Assembly - Full Text of HB5447
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Full Text of HB5447  101st General Assembly

HB5447 101ST GENERAL ASSEMBLY

  
  

 


 
101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5447

 

Introduced , by Rep. Nicholas K. Smith

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 45/1-2  from Ch. 95 1/2, par. 311-2
625 ILCS 45/4-1  from Ch. 95 1/2, par. 314-1
625 ILCS 45/4-2  from Ch. 95 1/2, par. 314-2
625 ILCS 45/5-3  from Ch. 95 1/2, par. 315-3
625 ILCS 45/5-13  from Ch. 95 1/2, par. 315-8

    Amends the Boat Registration and Safety Act. Changes the definitions Section to put the terms in alphabetical order and changes the definitions of "motorboat" and "operate". Defines "international regulations" and "wearable U.S. Coast Guard approved personal flotation device". Makes additional changes and adds provisions in Sections concerning: personal flotation devices; navigation lights; interference with navigation; and traffic rules.


LRB101 18954 HEP 68413 b

 

 

A BILL FOR

 

HB5447LRB101 18954 HEP 68413 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Boat Registration and Safety Act is amended
5by changing Sections 1-2, 4-1, 4-2, 5-3, and 5-13 as follows:
 
6    (625 ILCS 45/1-2)  (from Ch. 95 1/2, par. 311-2)
7    Sec. 1-2. Definitions. As used in this Act, unless the
8context clearly requires a different meaning:
9    "Airboat" means any boat (but not including airplanes or
10hydroplanes) propelled by machinery applying force against the
11air rather than the water as a means of propulsion.
12    "Competent" means capable of assisting a skier in case of
13injury or accident.
14    "Dealer" means any person who engages in the business of
15manufacturing, selling, or dealing in, on consignment or
16otherwise, any number of new watercraft, or 5 or more used
17watercraft of any make during the year, including any
18off-highway vehicle dealer or snowmobile dealer or a person
19licensed as a new or used vehicle dealer who also sells or
20deals in, on consignment or otherwise, any number of watercraft
21as defined in this Act.
22    "Department" means the Department of Natural Resources.
23    "International regulations" means the International

 

 

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1Regulations for Preventing Collisions at Sea, 1972, including
2annexes currently in force for the United States.
3    "Lifeboat" means a small boat kept on board a larger boat
4for use in emergency.
5    "Motorboat" or "power-driven vessel" means any vessel
6propelled by machinery, whether or not such machinery is the
7principal source of propulsion, but does not include a vessel
8which has a valid marine document issued by the Bureau of
9Customs of the United States Government or any Federal agency
10successor thereto.
11    "Nonpowered watercraft" means any canoe, kayak, kiteboard,
12paddleboard, float tube, or watercraft not propelled by sail,
13canvas, or machinery of any sort.
14    "Operate" means to navigate or otherwise use or be in
15actual physical control of a motorboat or vessel.
16    "Owner" means a person, other than lien holder, having
17title to a motorboat. "Owner" includes a person entitled to the
18use or possession of a motorboat subject to an interest in
19another person, reserved or created by agreement and securing
20payment of performance of an obligation. "Owner" does not
21include a lessee under a lease not intended as security.
22    "Person" means an individual, partnership, firm,
23corporation, association, or other entity.
24    "Personal flotation device" or "PFD" means a device that is
25approved by the Commandant, U.S. Coast Guard, under Part 160 of
26Title 46 of the Code of Federal Regulations.

 

 

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1    "Personal watercraft" means a vessel that uses an inboard
2motor powering a water jet pump as its primary source of motor
3power and that is designed to be operated by a person sitting,
4standing, or kneeling on the vessel, rather than the
5conventional manner of sitting or standing inside the vessel,
6and includes vessels that are similar in appearance and
7operation but are powered by an outboard or propeller drive
8motor.
9    "Recreational boat" means any vessel manufactured or used
10primarily for noncommercial use; or leased, rented, or
11chartered to another for noncommercial use.
12    "Sailboat" means any watercraft propelled by sail or
13canvas, including sailboards. For the purposes of this Act, any
14watercraft propelled by both sail or canvas and machinery of
15any sort shall be deemed a motorboat when being so propelled.
16    "Specialty prop-craft" means a vessel that is similar in
17appearance and operation to a personal watercraft but that is
18powered by an outboard or propeller driven motor.
19    "Underway" applies to a vessel or watercraft at all times
20except when it is moored at a dock or anchorage area.
21    "Use" applies to all vessels on the waters of this State,
22whether moored or underway.
23    "Vessel" or "watercraft" means every description of
24watercraft used or capable of being used as a means of
25transportation on water, except a seaplane on the water, air
26mattress or similar device, and boats used for concession rides

 

 

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1in artificial bodies of water designed and used exclusively for
2such concessions.
3    "Waters of this State" means any water within the
4jurisdiction of this State.
5    "Wearable U.S. Coast Guard approved personal flotation
6device", "wearable U.S. Coast Guard approved PFD", and
7"wearable PFD" have the meaning provided for "wearable PFD" in
833 CFR 175.13.
9    "Vessel" or "Watercraft" means every description of
10watercraft used or capable of being used as a means of
11transportation on water, except a seaplane on the water, air
12mattress or similar device, and boats used for concession rides
13in artificial bodies of water designed and used exclusively for
14such concessions.
15    "Motorboat" means any vessel propelled by machinery,
16whether or not such machinery is the principal source of
17propulsion, but does not include a vessel which has a valid
18marine document issued by the Bureau of Customs of the United
19States Government or any Federal agency successor thereto.
20    "Non-powered watercraft" means any canoe, kayak,
21kiteboard, paddleboard, float tube, or watercraft not
22propelled by sail, canvas, or machinery of any sort.
23    "Sailboat" means any watercraft propelled by sail or
24canvas, including sailboards. For the purposes of this Act, any
25watercraft propelled by both sail or canvas and machinery of
26any sort shall be deemed a motorboat when being so propelled.

 

 

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1    "Airboat" means any boat (but not including airplanes or
2hydroplanes) propelled by machinery applying force against the
3air rather than the water as a means of propulsion.
4    "Dealer" means any person who engages in the business of
5manufacturing, selling, or dealing in, on consignment or
6otherwise, any number of new watercraft, or 5 or more used
7watercraft of any make during the year, including any
8off-highway vehicle dealer or snowmobile dealer or a person
9licensed as a new or used vehicle dealer who also sells or
10deals in, on consignment or otherwise, any number of watercraft
11as defined in this Act.
12    "Lifeboat" means a small boat kept on board a larger boat
13for use in emergency.
14    "Owner" means a person, other than lien holder, having
15title to a motorboat. The term includes a person entitled to
16the use or possession of a motorboat subject to an interest in
17another person, reserved or created by agreement and securing
18payment of performance of an obligation, but the term excludes
19a lessee under a lease not intended as security.
20    "Waters of this State" means any water within the
21jurisdiction of this State.
22    "Person" means an individual, partnership, firm,
23corporation, association, or other entity.
24    "Operate" means to navigate or otherwise use a motorboat or
25vessel.
26    "Department" means the Department of Natural Resources.

 

 

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1    "Competent" means capable of assisting a skier in case of
2injury or accident.
3    "Personal flotation device" or "PFD" means a device that is
4approved by the Commandant, U.S. Coast Guard, under Part 160 of
5Title 46 of the Code of Federal Regulations.
6    "Recreational boat" means any vessel manufactured or used
7primarily for noncommercial use; or leased, rented or chartered
8to another for noncommercial use.
9    "Personal watercraft" means a vessel that uses an inboard
10motor powering a water jet pump as its primary source of motor
11power and that is designed to be operated by a person sitting,
12standing, or kneeling on the vessel, rather than the
13conventional manner of sitting or standing inside the vessel,
14and includes vessels that are similar in appearance and
15operation but are powered by an outboard or propeller drive
16motor.
17    "Specialty prop-craft" means a vessel that is similar in
18appearance and operation to a personal watercraft but that is
19powered by an outboard or propeller driven motor.
20    "Underway" applies to a vessel or watercraft at all times
21except when it is moored at a dock or anchorage area.
22    "Use" applies to all vessels on the waters of this State,
23whether moored or underway.
24(Source: P.A. 97-1136, eff. 1-1-13.)
 
25    (625 ILCS 45/4-1)  (from Ch. 95 1/2, par. 314-1)

 

 

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1    Sec. 4-1. Personal flotation devices.
2    A. No person may operate a watercraft unless at least one
3wearable U.S. Coast Guard approved personal flotation device
4for each person PFD is on board, so placed as to be readily
5available for each person.
6    B. No person may operate a personal watercraft or specialty
7prop-craft unless each person aboard is wearing a wearable U.S.
8Coast Guard approved personal flotation device PFD approved by
9the United States Coast Guard. No person on board a personal
10watercraft shall use an inflatable PFD in order to meet the PFD
11requirements of subsection A of this Section.
12    C. No person may operate a watercraft 16 feet or more in
13length, except a canoe or kayak, unless at least one readily
14accessible United States Coast Guard approved throwable PFD is
15on board.
16    D. (Blank).
17    E. When assisting a person on water skis, aquaplane or
18similar device, there must be one wearable U.S. United States
19Coast Guard approved PFD on board the watercraft for each
20person being assisted or towed or worn by the person being
21assisted or towed.
22    F. No person may operate a watercraft unless each device
23required by this Section is:
24        1. in serviceable condition;
25        2. identified by a label bearing a description and
26    approval number demonstrating that the device has been

 

 

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1    approved by the United States Coast Guard;
2        3. of the appropriate size for the person for whom it
3    is intended;
4        4. in the case of a wearable PFD, readily accessible
5    aboard the watercraft;
6        5. in the case of a throwable PFD, immediately
7    available for use;
8        6. out of its original packaging; and
9        7. not stowed under lock and key.
10    G. Approved personal flotation devices are defined as a
11device that is approved by the United States Coast Guard under
12Title 46 CFR Part 160.
13    H. (Blank).
14    H-5. An approved and appropriately sized United States
15Coast Guard approved personal flotation device shall be worn by
16each person under the age of 13 while in tow.
17    I. No person may operate a watercraft under 26 feet in
18length unless an approved and appropriate sized United States
19Coast Guard personal flotation device is being properly worn by
20each person under the age of 13 on board the watercraft at all
21times in which the watercraft is underway; however, this
22requirement shall not apply to persons who are below decks or
23in totally enclosed cabin spaces. The provisions of this
24subsection I shall not apply to a person operating a watercraft
25on an individual's private property.
26    J. Racing shells, rowing sculls, racing canoes, and racing

 

 

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1kayaks are exempt from the PFD, of any type, carriage
2requirements under this Section provided that the racing shell,
3racing scull, racing canoe, or racing kayak is participating in
4an event sanctioned by the Department as a PFD optional event.
5The Department may adopt rules to implement this subsection.
6(Source: P.A. 100-469, eff. 6-1-18; 100-863, eff. 8-14-18.)
 
7    (625 ILCS 45/4-2)  (from Ch. 95 1/2, par. 314-2)
8    Sec. 4-2. Navigation lights Lights.
9    A. Watercraft subject to this Section shall be divided into
10classes as follows: It is unlawful to operate any vessel less
11than 39 feet in length unless the following lights are carried
12and displayed when underway from sunset to sunrise:
13        1. Class 1: Less than 16 feet in length. A bright,
14    white light after to show all around the horizon, visible
15    for a distance of 2 miles. The word "visible" as used
16    herein means visible on a dark night with clear atmosphere.
17        2. Class 2: 16 feet or over and less than 26 feet in
18    length. A combination light in the forepart of the boat
19    lower than the white light after, showing green to
20    starboard and red to port, so fixed as to throw a light
21    from dead ahead to 2 points abaft the beam on their
22    respective sides and visible for a distance of not less
23    than 1 mile.
24        3. Class 3: 26 feet or over and less than 40 feet in
25    length. Lights under International Rules may be shown as an

 

 

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1    alternative to the above requirements.
2        4. Class 4: 40 feet or over and not more than 65 feet
3    in length.
4    B. Every motorboat, in all weather from sunset to sunrise
5or in all weather causing reduced visibility, shall carry and
6exhibit the following United States Coast Guard approved lights
7when underway and, during such time, no other lights that may
8be mistaken for or interfere with those prescribed shall be
9exhibited: Watercraft propelled by muscular power when
10underway shall carry on board from sunset to sunrise, but not
11fixed to any part of the boat, a lantern or flashlight capable
12of showing a white light visible all around the horizon at a
13distance of 2 miles or more, and shall display such lantern in
14sufficient time to avoid collision with another watercraft.
15        (1) A Class 1 or Class 2 motorboat shall carry the
16    following lights:
17            (a) A bright white light aft to show all around the
18        horizon.
19            (b) A combined light in the fore part of the
20        watercraft and lower than the white light aft, showing
21        green to starboard and red to port, so fixed as to
22        throw the light from right ahead to 2 points (22.5
23        degrees) abaft the beam on their respective sides.
24        (2) A Class 3 or Class 4 motorboat shall carry the
25    following lights:
26            (a) A bright white light in the fore part of the

 

 

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1        watercraft as near the stem as practicable, so
2        constructed as to show the unbroken light over an arc
3        of the horizon of 20 points (225 degrees) of the
4        compass, so fixed as to throw the light 10 points
5        (112.5 degrees) on each side of the watercraft, namely,
6        from right ahead to 2 points (22.5 degrees) abaft the
7        beam on either side.
8            (b) A bright white light aft, mounted higher than
9        the white light forward, to show all around the
10        horizon.
11            (c) On the starboard side, a green light so
12        constructed as to show an unbroken light over an arc of
13        the horizon of 10 points (112.5 degrees) of the
14        compass, so fixed as to throw the light from right
15        ahead to 2 points (22.5 degrees) abaft the beam on the
16        starboard side. On the port side, a red light so
17        constructed as to show an unbroken light over an arc of
18        the horizon of 10 points (112.5 degrees) of the
19        compass, so fixed as to throw the light from right
20        ahead to 2 points (22.5 degrees) abaft the beam on the
21        port side. The side lights shall be fitted with inboard
22        screens so set as to prevent these lights from being
23        seen across the bow.
24        (3) A Class 1 or Class 2 Motorboat propelled by sail
25    alone shall exhibit the combined light prescribed by
26    paragraph (1) and a 12-point (135 degrees) white light aft.

 

 

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1    A Class 3 or Class 4 Motorboat, when so propelled, shall
2    exhibit the colored side lights, suitably screened as
3    prescribed by paragraph (2) and a 12-point (135 degrees)
4    white light aft.
5        (4) Every white light prescribed by this Section shall
6    be of such character as to be visible at a distance of at
7    least 2 miles. Every colored light prescribed by this
8    Section shall be of such character as to be visible at a
9    distance of at least one mile. As used in this subsection
10    "visible", when applied to lights, means visible on a dark
11    night with clear atmosphere.
12        (5) If propelled by sail and machinery, a motorboat
13    shall carry the lights required by this Section for a
14    motorboat propelled by machinery only.
15        (6) All other watercraft over 65 feet in length and
16    those propelled solely by wind effect on the sail shall
17    display lights prescribed by federal regulations.
18    C. Manually propelled watercraft shall carry, ready at
19hand, a lantern or flashlight showing a white light that shall
20be exhibited in sufficient time to avert collision. Manually
21propelled watercraft used on the waters of this State where
22power-driven vessels are prohibited are exempt from the
23provisions of this Section. Every vessel 39 feet or more in
24length shall carry and display when underway such additional or
25alternate lights as shall be required by the U. S. Coast Guard
26for watercraft of equivalent length and type.

 

 

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1    D. Any watercraft may carry and exhibit the lights required
2by the international regulations in lieu of the lights required
3by subsection B of this Section. Sailboats equipped with motors
4and being propelled partly or solely by such motors shall carry
5and display the same lights required for motorboats of the same
6class. Sailboats being propelled entirely by sail between
7sunset and sunrise shall have lighted the combination running
8light, and a white light visible aft only. Sailboats 26 feet or
9more in length, equipped with motors but being propelled
10entirely by sail between sunset and sunrise, shall have lighted
11the colored side lights suitably screened, but not the white
12lights prescribed for motorboats.
13    E. All watercraft, when anchored, other than in a special
14anchorage area as defined in 33 CFR 109.10, shall, from sunset
15to sunrise, carry and display a steady white light visible all
16around the horizon for a distance of no less than 2 miles.
17Dinghies, tenders and other watercraft, whose principal
18function is as an auxiliary to other larger watercraft, when so
19operating need carry only a flashlight visible to other craft
20in the area, anything in this section to the contrary
21notwithstanding.
22    F. (Blank). Vessels at anchor between the hours of sunset
23and sunrise, except those in a "Special Anchorage Area", shall
24display such anchor lights as shall be required by the U. S.
25Coast Guard for watercraft of equivalent length and type.
26    G. (Blank). Watercraft operated manually or by motor which

 

 

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1are located on bodies of water where motors of over 7 1/2
2horsepower are prohibited must be equipped during the hours
3between sunset and sunrise with a lantern or flashlight which
4is capable of showing a beam for 2 miles, anything in this
5Section to the contrary notwithstanding.
6(Source: P.A. 88-524.)
 
7    (625 ILCS 45/5-3)  (from Ch. 95 1/2, par. 315-3)
8    Sec. 5-3. Interference with navigation.
9    (a) No person shall operate any watercraft in a manner
10which unreasonably or unnecessarily interferes with other
11watercraft or with the free and proper navigation of the
12waterways of the State. Anchoring under bridges or in heavily
13traveled channels constitutes such interference if
14unreasonable under the prevailing circumstances.
15    (b) A vessel engaged in fishing shall not impede the
16passage of any other vessel navigating within a narrow channel
17or canal.
18    (c) A vessel nearing a bend or an area of a narrow channel
19or canal where other vessels may be obscured by an intervening
20obstruction shall navigate with alertness and caution and shall
21sound the appropriate audible signal as required by the Inland
22and International Navigation Rules as written by the United
23States Coast Guard and this Act.
24    (d) A vessel shall avoid anchoring in a narrow channel,
25under bridges, or in heavily traveled channels or canals, if

 

 

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1unreasonable under the prevailing circumstances.
2(Source: P.A. 82-783.)
 
3    (625 ILCS 45/5-13)  (from Ch. 95 1/2, par. 315-8)
4    Sec. 5-13. Traffic rules.
5    A. The area straight ahead of a vessel to the point that is
622.5 degrees beyond the middle of the vessel on the starboard
7side of the watercraft shall be designated the danger zone. An
8operator of a watercraft shall yield the right-of-way to any
9other watercraft occupying or entering into the danger zone
10that may result in collision. Passing. When 2 boats are
11approaching each other "head on" or nearly so (so as to involve
12risk of collision), each boat must bear to the right and pass
13the other boat on its left side.
14    A-5. Head-on situation.
15    (1) If 2 power-driven vessels are meeting head-on or nearly
16head-on courses so as to involve risk of collision, each shall
17alter course to starboard so that each shall pass on the port
18side of the other.
19    (2) A vessel proceeding along the course of a narrow
20channel or canal shall keep as near to the outer limit of the
21channel or canal that lies on the starboard side as is safe and
22practicable.
23    (3) A power-driven vessel operating in narrow channels and
24proceeding downstream shall have the right-of-way over a vessel
25proceeding upstream. The vessel proceeding upstream shall

 

 

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1yield as necessary to permit safe passing.
2    B. Crossing. As used in this Section, "crossing" means 2 or
3more watercraft traveling in directions that would have the
4path of travel of the watercraft intersect each other. When
5boats approach each other obliquely or at right angles, the
6boat approaching on the right side has the right of way.
7    (1) If 2 power-driven vessels are crossing so as to involve
8the risk of collision, the vessel that has the other on the
9starboard side shall keep out of the way and shall avoid
10crossing ahead of the other vessel.
11    (2) A power-driven vessel crossing a river shall keep out
12of the way of a power-driven vessel ascending or descending the
13river.
14    (3) A vessel may not cross a narrow channel or canal if the
15crossing impedes the passage of a vessel that can only safely
16navigate within the channel or canal.
17    C. Overtaking. One boat may overtake another on either side
18but must grant right of way to the overtaken boat.
19    (1) A vessel overtaking any other shall give way to the
20vessel being overtaken.
21    (2) If a vessel operator is in doubt as to whether he or
22she is overtaking another vessel, the operator shall assume
23that is the case and act accordingly.
24    (3) Any subsequent alteration of the bearing between the 2
25vessels shall not make the overtaking vessel a crossing vessel
26within the meaning of this Section or relieve the overtaking

 

 

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1operator of the duty of keeping clear of the overtaken vessel
2until finally past and clear.
3    (4) In a narrow channel or canal when overtaking, the
4operator of a power-driven vessel intending to overtake another
5power-driven vessel shall proceed to pass safety only after
6indicating his or her intention by sounding the horn as
7follows:
8        (a) one short blast from the horn signifies a request
9    to pass on the overtaken vessel's starboard side;
10        (b) 2 short blasts from the horn signifies a request to
11    pass on the overtaken vessel's port side.
12    (5) The operator of the power-driven vessel being overtaken
13shall:
14        (a) acknowledge the request by sounding the same
15    signal; or
16        (b) sound 5 short blasts from the horn to indicate
17    danger or do not pass.
18    No response from the overtaken vessel shall be interpreted
19as an indication of danger and the same as if 5 short blasts
20from the horn were sounded.
21    In the absence of an audible signal or horn, a light signal
22device using the appropriate number of rapid bursts of light
23may be used.
24    D. Sailing vessels.
25    (1) The operator of a power-driven vessel shall yield the
26right-of-way to any nonpowered or sailing vessel unless the

 

 

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1nonpowered vessel is overtaking the power-driven vessel or
2Sailboats and Rowboats. When a motorboat is approaching a boat
3propelled solely by sails or oars, the motorboat must yield the
4right of way to the sailboat or rowboat except, when a large
5craft is navigating in a confined channel, the large craft has
6the right-of-way right of way over a boat propelled solely by
7oars or sails.
8    (2) If 2 sailing vessels are approaching one another, so as
9to involve risk of collision, one of them shall keep out of the
10way of the other as follows:
11        (a) If each has the wind on a different side, the
12    vessel that has the wind on the port side shall give way to
13    the other vessel.
14        (b) If both have the wind on the same side, the vessel
15    that is to windward shall give way to the vessel that is to
16    leeward.
17        (c) If a vessel with the wind on the port side sees a
18    vessel to windward and cannot determine with certainty
19    whether the other vessel has the wind on the port or
20    starboard side, the vessel shall give way to the other
21    vessel.
22    (3) As used in this subsection, "windward side" means the
23side opposite to that on which the mainsail is carried or, in
24the case of a square-rigged vessel, the side opposite to that
25on which the largest fore-and-aft sail is carried.
26(Source: P.A. 82-783.)