Full Text of SB1310 98th General Assembly
SB1310eng 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 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:
| 6 | | (625 ILCS 45/5-4) (from Ch. 95 1/2, par. 315-4)
| 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.
| 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:
| 6 | | a. For all vessels designed for or represented by the | 7 | | manufacturer as
being suitable for use with outboard motor:
| 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.
| 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.
| 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.
| 19 | | 4. The maximum horsepower of the motor the vessel is | 20 | | designed or
intended to accommodate.
| 21 | | b. For all other vessels to which this Section applies:
| 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.
| 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.
| 3 | | 3. Clear notice that the information appearing on the | 4 | | capacity plate is
applicable under normal conditions.
| 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
| 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.
| 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
| 23 | | from liability for failure to comply with the requirements of | 24 | | this Section.
| 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
| 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.
| 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
| 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
| 22 | | thereafter be deemed compliance with the capacity plate | 23 | | requirements of
this Section.
| 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.
| 3 | | (8) The Department is authorized to issue and amend rules | 4 | | and
regulations to carry out the purposes of this Section.
| 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.
| 8 | | (Source: P.A. 82-783.)
| 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.
| 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.
| 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.
| 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.
| 4 | | (f) If a violation of this Section results in damage to
the
| 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.
| 9 | | (g) If a violation of this Section results in injury to
| 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.
| 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.
| 19 | | (i) The Department of Natural Resources shall, upon | 20 | | receiving a record of a judgment
entered against a person under | 21 | | this Section:
| 22 | | (1) suspend the person's watercraft operating | 23 | | privileges for the mandatory period; or
| 24 | | (2) extend the period of an existing suspension by the | 25 | | appropriate
mandatory period.
| 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)
| 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.
| 4 | | B. Any person who violates Section 3A-21 is guilty of a | 5 | | Class 2 felony.
| 6 | | (Source: P.A. 88-524.)
| 7 | | (625 ILCS 45/11A-3) (from Ch. 95 1/2, par. 321A-3)
| 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.
| 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.
| 14 | | (Source: P.A. 93-782, eff. 1-1-05.)
| 15 | | Section 99. Effective date. This Act takes effect upon | 16 | | becoming law.
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