(625 ILCS 45/Art. I heading) ARTICLE I.
DEFINITIONS - APPLICATION - JURISDICTION
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(625 ILCS 45/1-1) (from Ch. 95 1/2, par. 311-1)
Sec. 1-1.
Title
and declaration of intent.
This Act shall be known and may be cited as the "Boat Registration and Safety Act." It is the policy of this State to promote safety for persons
and property in and connected with the use, operation and equipment of
vessels and to promote uniformity of laws relating thereto.
(Source: P.A. 82-783.)
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(625 ILCS 45/1-2) (from Ch. 95 1/2, par. 311-2)
Sec. 1-2. Definitions. As used in this Act, unless the context clearly
requires a different meaning:
"Airboat" means a vessel that is typically flat-bottomed and propelled by an aircraft-type propeller powered by an engine. "Competent" means capable of assisting a water skier in case of injury or accident. "Dealer" means any person who engages in the business of manufacturing, selling, or dealing in, on consignment or otherwise, any number of new watercraft or 5 or more used watercraft of any make during the year, including any off-highway vehicle dealer or snowmobile dealer or a person licensed as a new or used vehicle dealer who also sells or deals in, on consignment or otherwise, any number of watercraft as defined in this Act. "Department" means the Department of Natural Resources. "Inland Rules" means the Inland Navigation Rules Act of 1980. "International regulations" means the International Regulations for Preventing Collisions at Sea, 1972, including annexes currently in force for the United States. "Leeward side" means the side of a vessel's sail that is facing away or sheltered from the wind. "Lifeboat" means a small boat kept on board a larger boat for use in an emergency. "Motorboat" or "power-driven vessel" means any vessel propelled by machinery. "Nonpowered watercraft" or "human-powered watercraft" means any canoe, kayak, kiteboard, paddleboard, ribbed inflatable, or any other watercraft propelled by oars, paddles, or poles but not powered by sail, canvas, human body part, or machinery of any sort. "Operate" means to use, navigate, employ, or otherwise be in actual physical control of a motorboat or vessel. "Operator" means a person who operates or is in actual physical control of a watercraft. "Owner" means a person, other than a secured party, having property rights or title to a watercraft. "Owner" includes a person entitled to the use or possession of a motorboat subject to an interest in another person, reserved or created by agreement and securing payment of performance of an obligation. "Owner" does not include a lessee under a lease not intended as security. "Person" means any individual, firm, corporation, partnership, or association, and any agent, assignee, trustee, executor, receiver, or representative thereof. "Personal flotation device" or "PFD" means a device that is approved by the Commandant, U.S. Coast Guard, under Part 160 of Title 46 of the Code of Federal Regulations. "Personal watercraft" means a vessel propelled by a water jet pump or other machinery as its primary source of motive power and designed to be operated by a person sitting, standing, or kneeling on the vessel, rather than within the confines of a hull. "Principally operated" means the vessel is or will be primarily operated within the jurisdiction of the State during a calendar year. "Recreational boat" means any vessel manufactured or used primarily for noncommercial use, or leased, rented, or chartered to another for noncommercial use. "Sailboat" or "sailing vessel" means any vessel under sail so long as the propelling machinery, if fitted, is not being used. "Seaplane" means any aircraft designed to maneuver on the water. "Specialty prop-craft" means a vessel that is similar in appearance and operation to a personal watercraft but that is powered by an outboard or propeller driven motor. "Throwable PFD" has the meaning provided in 33 CFR 175.13. "Underway" applies to a vessel or watercraft at all times except when it is moored at a dock or anchorage area. "Use" applies to all vessels on the waters of this State, whether moored or underway. "Vessel" or "watercraft" means every watercraft used or capable of being used as a means of transportation on water, except a seaplane on the water, air mattress or similar device, and boats used for concession rides in artificial bodies of water designed and used exclusively for such concessions. "Waters of this State" means any water within the jurisdiction of this State. "Wearable U.S. Coast Guard approved personal flotation device", "wearable U.S. Coast Guard approved PFD", and "wearable PFD" have the meaning provided for "wearable PFD" in 33 CFR 175.13. "Windward side" means the side of a vessel's sail that has the wind blowing into the sail. "Wing in Ground" (WIG) vessel means a multimodal vessel which, in its main operational mode, flies in close proximity to the surface utilizing surface-effect action.
(Source: P.A. 102-595, eff. 6-1-22.)
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(625 ILCS 45/1-3) (from Ch. 95 1/2, par. 311-3)
Sec. 1-3.
Application and jurisdiction.
The Department shall, for the purposes of this Act, have full and
complete jurisdiction of all waters within the boundaries of the State of
Illinois, subject only to the paramount authority of the Federal Government
with reference to the navigation of such stream or streams and further
subject to such powers as may be granted to political subdivisions of the
State. Wherever the provisions of this Act conflict with the laws and
regulations of the Federal Government, the laws and regulations of the
Federal Government shall take precedence.
(Source: P.A. 82-783.)
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(625 ILCS 45/1-4) (from Ch. 95 1/2, par. 311-4)
Sec. 1-4.
The Department is authorized to issue administrative
rules for carrying out, administering and enforcing the provisions
of this Act. The administrative rules shall be promulgated in
accordance with The Illinois Administrative Procedure Act.
Such rules, after becoming effective, shall be enforced
in the same manner as are any other provisions of this Act
and violators thereof are subject to the penalties set out
in this Act.
(Source: P.A. 85-149.)
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(625 ILCS 45/1-5) (from Ch. 95 1/2, par. 311-5)
Sec. 1-5.
The Department is authorized to cooperate with and to enter
into reciprocal agreements with the appropriate departments of the federal
government and other departments or agencies of other states for carrying
out, administering, and enforcing the provisions of this Act.
(Source: P.A. 85-149.)
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(625 ILCS 45/Art. II heading) ARTICLE II.
ENFORCEMENT - INSPECTION - PROSECUTIONS
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(625 ILCS 45/2-1) (from Ch. 95 1/2, par. 312-1)
Sec. 2-1.
Enforcement.)
It is the duty of all Conservation Police Officers and other employees of
the Department designated by the Director to enforce this Act, and all sheriffs,
deputy sheriffs and other police officers to arrest any person detected in
violation of any of the provisions of this Act. It is further the duty of
all such officers to make prompt investigation of any violation of the
provisions of this Act reported by any other person, and to cause a
complaint to be filed before the circuit court if there seems just ground
for such complaint and evidence procurable to support the same.
(Source: P.A. 82-783.)
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(625 ILCS 45/2-2) (from Ch. 95 1/2, par. 312-2)
Sec. 2-2.
Inspection; removal; impoundment.
(a) Agents of the Department or other duly
authorized police officers may board and inspect any boat at any time for
the purpose of determining if this Act is being complied with. If the
boarding officer or agent discovers any violation of this Act, he may issue
a summons to the operator of the boat requiring that the operator appear
before the circuit court for the county within which the offense was committed.
(b) Every vessel subject to this Act, if under way and upon being hailed by
a designated law enforcement officer, must stop immediately and lay to.
(c) Agents of the Department and other duly authorized police officers
may enforce all federal laws and regulations which have been mutually
agreed upon by the federal and state governments and are applicable to the
operation of watercraft on navigable waters and federal impoundments where
concurrent jurisdiction exists between the federal and state governments.
(d) Agents of the Department and other duly authorized police officers
may seize and impound, at the owner's or operator's expense, any
watercraft involved in a boating accident or a violation of Section 3A-21,
5-1, 5-2, or 5-16 of this Act.
(e) If a watercraft is causing a traffic hazard because of its position on
a waterway or its physical appearance is causing the impeding of traffic, its
immediate removal from the waterway by a towing service may be authorized by
a law enforcement agency having jurisdiction.
(f) Whenever a peace officer reasonably believes that a person under
arrest for a violation of Section 5-1, 5-2 or 5-16 of this Act or similar
provision of a local ordinance, is likely, upon release, to commit a subsequent
violation of Section 5-1, 5-2 or 5-16 or a similar provision of a local
ordinance, the arresting officer shall have the watercraft which the person was
operating at the time of the arrest impounded for a period of not more than 12
hours after the time of the arrest. The watercraft may be released by the
arresting law enforcement agency without impoundment, or may be released prior
to the end of the impoundment period, however, if:
(1) the watercraft was not owned by the person under | ||
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(2) the watercraft is owned by the person under | ||
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(Source: P.A. 93-156, eff. 1-1-04.)
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(625 ILCS 45/2-3) (from Ch. 95 1/2, par. 312-3)
Sec. 2-3.
Prosecutions.
All prosecutions under the provisions of this Act shall be brought in
the name and by the authority of the People of the State of Illinois before
the circuit court having jurisdiction under the law relative to the
enforcement of the provisions hereof. It is the duty of all State's
Attorneys to enforce the provisions of this Act in their respective
counties, and to prosecute all persons charged with violating the
provisions hereof.
(Source: P.A. 82-783.)
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(625 ILCS 45/2-4) (from Ch. 95 1/2, par. 312-4)
Sec. 2-4.
Resistance to officers.
(a) It is unlawful for any person to resist or obstruct any officer or
employee of the Department in the discharge of his duties under the
provisions hereof.
(b) It is unlawful for the operator of a watercraft, having been given a
signal by a conservation police officer, sheriff, deputy sheriff, or other
police officer directing the operator of the watercraft to bring the watercraft
to a stop, to willfully fail or refuse to obey the direction, to increase
speed, to extinguish lights, or otherwise flee or attempt to elude the officer.
The signal given by the officer may be by hand, voice, sign, siren, or blue or
red light.
(Source: P.A. 88-524.)
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(625 ILCS 45/2-5) (from Ch. 95 1/2, par. 312-5)
Sec. 2-5.
False representation.
It is unlawful for any person to represent himself falsely to be an
officer or employee of the Department or to assume to act as such without
having been duly appointed and employed as such.
(Source: P.A. 82-783.)
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(625 ILCS 45/Art. III heading) ARTICLE III.
REGISTRATION OF MOTORBOATS AND
SAILBOATS OVER 12 FEET IN LENGTH
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(625 ILCS 45/3-1) (from Ch. 95 1/2, par. 313-1)
Sec. 3-1. Unlawful operation of unnumbered watercraft. Every watercraft other than non-powered watercraft on waters within
the jurisdiction of this State shall be numbered. No person may operate, use, or store or
give permission for the operation, usage, or storage of any such watercraft on such
waters unless it has on board while in operation: (A) A valid certificate of number is issued in accordance with this
Act, or in accordance with applicable federal law, or in accordance with a federally approved
numbering system of another State, and unless: (1) the pocket-sized certificate of number awarded | ||
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(2) the operator is in possession of a valid 60-day | ||
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(B) The identifying number set forth in the
certificate of number is displayed on each side of the bow of such
watercraft.
The certificate of number, lease, or rental agreement required by this Section shall be available at all times for inspection at the request of a federal, State, or local law enforcement officer on the watercraft for which it is issued. No person shall operate a watercraft under this Section unless the certificate of number, lease, or rental agreement required is carried on board in a manner that it can be handed to a requesting law enforcement officer for inspection. A holder of a certificate of number shall notify the Department within 30 days if the holder's address no longer conforms to the address appearing on the certificate and shall furnish the Department with the holder's new address. The Department may provide for in its rules and regulations for the surrender of the certificate bearing the former address and its replacement with a certificate bearing the new address or for the alteration of an outstanding certificate to show the new address of the holder. (Source: P.A. 100-469, eff. 6-1-18; 100-863, eff. 8-14-18.)
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(625 ILCS 45/3-1.5) Sec. 3-1.5. (Repealed).
(Source: P.A. 97-1136, eff. 1-1-13. Repealed by P.A. 100-469, eff. 6-1-18.) |
(625 ILCS 45/3-2) (from Ch. 95 1/2, par. 313-2)
Sec. 3-2. Identification number application. The owner of each watercraft
requiring numbering by this State shall file an application for number with
the Department on forms approved by it. The application shall be signed by
the owner of the watercraft and shall be accompanied by a fee as follows:
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Upon receipt of the application in approved form, and when satisfied
that no tax imposed pursuant to the "Municipal Use Tax Act" or the "County
Use Tax Act" is owed, or that such tax has been paid, the Department shall
enter the same upon the records of its office and issue to the applicant a
certificate of number stating the number awarded to the watercraft and
the name and address of the owner.
The Department shall deposit 20% of all money collected from watercraft registrations into the Conservation Police Operations Assistance Fund. The monies deposited into the Conservation Police Operations Assistance Fund under this Section shall not be subject to administrative charges or chargebacks unless otherwise authorized by this Act. (Source: P.A. 100-469, eff. 6-1-18.)
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(625 ILCS 45/3-3) (from Ch. 95 1/2, par. 313-3)
Sec. 3-3. Identification number display.
A. The owner shall paint on or attach to both sides of the bow (front) of a
watercraft the identification number, which shall be of block characters at
least 3 inches in height. The figures shall read from left to right, be of
contrasting color to their background, and be maintained in a legible
condition. No other number shall be displayed on the bow of the boat. In
affixing the number to the boat, a space or a hyphen shall be provided
between the IL and the number and another space or hyphen between the
number and the letters which follow. On vessels of
unconventional design or constructed so that it is impractical or
impossible to display identification numbers in a prominent position on the
forward half of their hulls or permanent substructures, numbers may be
displayed in brackets or fixtures firmly attached to the vessel. Exact
positioning of the numbers in brackets or protruding fixtures shall be
discretionary with vessel owners, providing the numbers are placed on the
forward half of the vessel and meet the standard requirements for
legibility, size, style and contrast with the background.
B. A watercraft already covered by a number in full force and effect which
has been awarded to it pursuant to Federal law is exempt from number
display as prescribed by this Section.
C. All non-powered watercraft are exempt from number display as
prescribed by this Section.
(Source: P.A. 97-1136, eff. 1-1-13.)
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(625 ILCS 45/3-4) (from Ch. 95 1/2, par. 313-4)
Sec. 3-4. Destruction, sale, transfer or abandonment. The owner of any watercraft shall
within 15 days notify the Department if the watercraft is
destroyed or abandoned, or is sold or transferred either wholly or in part
to another person or persons. In sale or transfer cases, the notice shall be
accompanied by a surrender of the certificate of number. In destruction or
abandonment cases, the notice shall be accompanied by a surrender of the
certificate of title. When the surrender
of the certificate is by reason of the watercraft being
destroyed or abandoned, the Department shall cancel the certificate and
enter such fact in its records. The Department shall be notified in writing
of any change of address. Should the owner desire a new certificate of
number, showing the new address, he shall surrender his old certificate and
notify the Department of the new address, remitting $1 to cover the
issuance of a new certificate of number. If the surrender is by reason of a
sale or transfer either wholly or in part to another person or persons, the
owner surrendering the certificate shall state to the Department, under
oath, the name of the purchaser or transferee.
Non-powered watercraft are exempt from this Section. (Source: P.A. 97-1136, eff. 1-1-13.)
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(625 ILCS 45/3-5) (from Ch. 95 1/2, par. 313-5)
Sec. 3-5. Transfer of identification number. The purchaser of a watercraft
shall, within 15 days after acquiring same, make application to the Department
for transfer to him of the certificate of number issued to the watercraft
giving his name, address and the number of the boat. The purchaser shall apply
for a transfer-renewal for a fee as prescribed under Section 3-2 of this Act
for approximately 3 years. All transfers will bear September 30 expiration dates in
the calendar year of expiration. Upon receipt of the application and fee,
together with proof that any tax imposed under the Municipal Use Tax Act
or County Use Tax Act has been paid or that no such tax is owed, the Department
shall transfer the certificate of number issued to the watercraft to the new
owner.
Unless the application is made and fee paid, and proof of payment of
municipal use tax or county use tax or nonliability therefor is made,
within 30 days, the watercraft shall be deemed to be without certificate of
number and it shall be unlawful for any person to operate the watercraft until
the certificate is issued.
Non-powered watercraft are exempt from this Section. (Source: P.A. 100-469, eff. 6-1-18.)
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(625 ILCS 45/3-6) (from Ch. 95 1/2, par. 313-6)
Sec. 3-6.
Conformity with United States Government.
In the event that an agency of the United States Government has in force
an over-all system of identification numbering for watercraft within the
United States, the numbering system employed pursuant to this Act by the
Department shall be in conformity therewith.
(Source: P.A. 85-149.)
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(625 ILCS 45/3-7) (from Ch. 95 1/2, par. 313-7)
Sec. 3-7. Loss of certificate; certificate correction. Should a certificate of number or registration expiration decal become
lost, destroyed, or mutilated beyond legibility, or if information required by the Department to be included on the certificate has changed, the owner of the
watercraft shall make application to the Department for the replacement of
the certificate or decal or for a corrected certificate or decal, giving his name, address, and the number of his
boat and shall at the time of application pay to the Department a fee of $5.
(Source: P.A. 102-595, eff. 6-1-22.)
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(625 ILCS 45/3-7.5) Sec. 3-7.5. (Repealed).
(Source: P.A. 97-1136, eff. 1-1-13. Repealed by P.A. 100-469, eff. 6-1-18.) |
(625 ILCS 45/3-8) (from Ch. 95 1/2, par. 313-8)
Sec. 3-8.
Department records.) All records of the Department made or
kept pursuant to this Article shall be public records.
(Source: P.A. 86-1088.)
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(625 ILCS 45/3-9) (from Ch. 95 1/2, par. 313-9)
Sec. 3-9. Certificate of number. Every certificate of number awarded
pursuant to this Act shall continue in full force and effect for
approximately 3 years unless sooner terminated or discontinued in
accordance with this Act. All new certificates issued will bear September 30
expiration dates in the calendar year 3 years after the issuing date.
Provided however, that the Department may, for purposes of implementing
this Section, adopt rules for phasing in the issuance of new certificates
and provide for 1, 2 or 3 year expiration dates and pro-rated payments or
charges for each registration.
All certificates shall be renewed for 3 years from the nearest September 30
for a fee as prescribed in Section 3-2 of this Act. All certificates
will be invalid after October 15 of the year of expiration. All certificates
expiring in a given year shall be renewed between January 1 and September 30 of
that year, in order to allow sufficient time for processing.
The Department shall issue "registration expiration decals" with all new
certificates of number, all certificates of number transferred and renewed
and all certificates of number renewed. The decals issued for each year
shall be of a different and distinct color from the decals of each other
year currently displayed. The decals shall be affixed to each side of the
bow of the watercraft, except for federally documented vessels, in the
manner prescribed by the rules and regulations of the Department.
Federally documented vessels shall have decals affixed to the watercraft on
each side of the federally documented name of the vessel in the manner
prescribed by the rules and regulations of the Department.
The Department shall fix a day and month of the year on which
certificates of number due to expire shall lapse and no longer be of any
force and effect unless renewed pursuant to this Act.
No number or registration expiration decal other than the number awarded
or the registration expiration decal issued to a watercraft or
granted reciprocity pursuant to this Act shall be painted, attached, or
otherwise displayed on either side of the bow of such watercraft.
A person engaged in the operation of a licensed boat livery shall pay a
fee as prescribed under Section 3-2 of this Act for each watercraft used in
the livery operation.
A person engaged in the manufacture or sale of watercraft of
a type otherwise required to be numbered hereunder, upon application to the
Department upon forms prescribed by it, may obtain certificates of number
for use in the testing or demonstrating of such watercraft upon
payment of $10 for each registration. Certificates of number so issued may
be used by the applicant in the testing or demonstrating of watercraft
by temporary placement of the numbers assigned by such
certificates on the watercraft so tested or demonstrated.
Non-powered watercraft are exempt from this Section. (Source: P.A. 100-469, eff. 6-1-18.)
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(625 ILCS 45/3-10) (from Ch. 95 1/2, par. 313-10)
Sec. 3-10.
Registration list.
A boat registration list may be furnished for official use at no charge
only to such federal, state, county and municipal enforcement agencies as
may require such data.
(Source: P.A. 82-783.)
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(625 ILCS 45/3-11) (from Ch. 95 1/2, par. 313-11)
Sec. 3-11. Penalty. No person
shall at any time falsely alter or change in any manner a
certificate of number issued under the provisions hereof, or falsify any
record required by this Act, or counterfeit any form of license provided
for by this Act.
(Source: P.A. 100-469, eff. 6-1-18.)
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(625 ILCS 45/3-12) (from Ch. 95 1/2, par. 313-12)
Sec. 3-12. Exemption from numbering provisions of this Act. A watercraft
shall not be required to be numbered under this Act if it is:
A. A watercraft which has a valid marine document issued by the United
States Coast Guard, provided the owner of any such vessel used upon the
waters of this State for more than 60 days in any calendar year shall be
required to comply with the registration requirements of Section 3-9 of this
Act.
B. Already covered by a number in full force and effect which has been
awarded to it pursuant to Federal law or a Federally-approved numbering
system of another State, if such boat will not be within this State for a
period in excess of 60 consecutive days.
C. A watercraft from a country other than the United States temporarily
using the waters of this State.
D. A watercraft whose owner is the United States, a State or a subdivision
thereof, and used solely for official purposes and clearly identifiable.
E. A vessel used exclusively as a ship's lifeboat.
F. A watercraft belonging to a class of boats which has been exempted from
numbering by the Department after such agency has found that an agency of the
Federal Government has a numbering system applicable to the class of watercraft
to which the watercraft in question belongs and would be exempt from numbering
if it were subject to the Federal law.
G. Watercraft while competing in any race approved by the Department under
the provisions of Section 5-15 of this Act or if the watercraft is designed and
intended solely for racing while engaged in navigation that is incidental to
preparation of the watercraft for the race. Preparation of the watercraft for
the race may be accomplished only after obtaining the written authorization of
the Department.
H. Non-powered, owned and operated on water completely impounded on land
belonging to the owner of the watercraft. This Section does not apply to water
controlled by a club or association.
I. A non-powered watercraft.
(Source: P.A. 97-1136, eff. 1-1-13.)
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(625 ILCS 45/3-13) (from Ch. 95 1/2, par. 313-13)
Sec. 3-13.
Hull identification numbers.
Any watercraft manufactured
after the effective date of this amendatory Act shall have a hull
identification number carved, burned, stamped, embossed, or otherwise
permanently affixed to the outboard side of the transom or, if there is no
transom, to the outermost starboard side at the end of the hull that bears the
rudder or other steering mechanism, above the water line in such a way that
alteration, removal, or replacement would be obvious and evident. Any
individual who manufactures any watercraft, either for private or public use,
shall apply to the Department of Natural Resources for
issuance of a Hull Identification Number and shall affix such number to
watercraft as required by the rules and regulations of the Department.
(Source: P.A. 89-445, eff. 2-7-96.)
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(625 ILCS 45/3-14) (from Ch. 95 1/2, par. 313-14)
Sec. 3-14.
A.
The Department may issue a historical watercraft identification
plaque for a boat that is (1) at least 25 years of age and (2) powered by
the boat's original type of power plant. Such a boat shall be known as
a "heritage watercraft".
B. An application for such a plaque shall be on a form prescribed by the
Department and shall be accompanied by a $25.00 fee. The heritage watercraft
identification plaque shall be designed by the Department and shall be non-expiring.
C. When prominently displayed on the boat, a heritage watercraft identification
plaque shall entitle the boat owner to apply to participate in parades,
shows, and special events. The heritage watercraft plaque does not in itself
qualify a boat for recreational use.
(Source: P.A. 82-783.)
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(625 ILCS 45/Art. IIIA heading) ARTICLE IIIA.
CERTIFICATE OF TITLE, MOTORBOATS AND
SAILBOATS OVER 12 FEET IN LENGTH
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(625 ILCS 45/3A-1) (from Ch. 95 1/2, par. 313A-1)
Sec. 3A-1. Certificate of title required.
(a) Every owner of a watercraft over 21 feet in length required to be numbered by this State and
for which no certificate of title has been issued by the Department of
Natural Resources shall make application to the Department
of Natural Resources for a certificate of title either
before or at the same time he next applies for issuance, transfer or renewal of
a certificate of number. All watercraft already covered by a number in full
force and effect which has been awarded to it pursuant to Federal law is exempt
from titling requirements in this Act.
(b) The Department shall not issue, transfer or renew a certificate of
number unless a certificate of title has been issued by the Department of
Natural Resources or an application for a certificate of
title has been delivered to the Department.
(Source: P.A. 100-469, eff. 6-1-18.)
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(625 ILCS 45/3A-2) (from Ch. 95 1/2, par. 313A-2)
Sec. 3A-2.
Voluntary titling.
The owner of any watercraft exempt
from Section 3A-1(a) of this Act may apply to the Department of Natural
Resources for a certificate of title by filing an application accompanied by
the prescribed fee. Any owner exempt from this Act who obtains a certificate
of title must also obtain a certificate of number as prescribed in Section
3-9 of this Act.
(Source: P.A. 91-357, eff. 7-29-99.)
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(625 ILCS 45/3A-3) (from Ch. 95 1/2, par. 313A-3)
Sec. 3A-3.
Application for first certificate of title.
(a) The application for the first certificate of title in
this State must be made by the owner to the Department of Natural Resources on
the form prescribed and must contain:
1. The name, residence and mail address of the owner;
2. A description of the watercraft so far as the | ||
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3. The date of purchase by applicant, the name and | ||
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4. Any further information the Department of Natural | ||
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(b) If the application refers to a watercraft purchased from a dealer, it
must contain the name and address of any lienholder holding a security
interest created or reserved at the time of the sale and the date of his
security agreement and be signed by the dealer as well as the owner, and
the dealer must within 15 days mail or deliver the application to the
Department of Natural Resources.
(c) If the application refers to a watercraft last previously registered in
another State or country, the application must contain or be accompanied
by:
1. Any certificate of title issued by the other State | ||
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2. Any other information and documents the Department | ||
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(Source: P.A. 91-357, eff. 7-29-99.)
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(625 ILCS 45/3A-4) (from Ch. 95 1/2, par. 313A-4)
Sec. 3A-4.
Examination of records.
The Department of Natural Resources, upon
receiving application for a first certificate of title,
shall check the identifying description of the watercraft shown in the
application against the records required to be
maintained by Section 3A-5 of this Article and against the record of
stolen and converted watercraft required to be maintained by Section
3A-6 of this Article.
(Source: P.A. 89-445, eff. 2-7-96.)
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(625 ILCS 45/3A-5) (from Ch. 95 1/2, par. 313A-5)
Sec. 3A-5. Certificate of title - Issuance - Records.
(a) The Department of Natural Resources shall file each
application received and, when satisfied as to its genuineness and regularity,
and that no tax imposed by the Use Tax Act
or the Watercraft Use Tax Law is owed as evidenced by the
receipt for payment or determination of exemption from the Department of
Revenue provided for in Section 3A-3 of this Article, and that the applicant is
entitled to the issuance of a certificate of title, shall issue a certificate
of title.
(b) The Department of Natural Resources shall maintain
a record of all certificates of title issued under a distinctive title number
assigned to the watercraft and, in the discretion of the Department, in any other method determined.
(Source: P.A. 93-840, eff. 7-30-04.)
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(625 ILCS 45/3A-6) (from Ch. 95 1/2, par. 313A-6)
Sec. 3A-6. Stolen and recovered watercraft.
(a) Every sheriff, superintendent of police, chief of police or other
police officer in command of any police department in any city, village or
town of the State shall, by the fastest means of communications available
to his or her law enforcement agency, immediately report to the Illinois State Police the theft or recovery of any stolen or converted watercraft
within his or her district or jurisdiction. The report shall give the date
of theft, description of the watercraft including color, manufacturer's
trade name, manufacturer's series name, identification number and
registration number, including the state in which the registration number
was issued, together with the name, residence address, business address,
and telephone number of the owner. The report shall be routed by the
originating law enforcement agency through the Illinois State Police in a form and
manner prescribed by the Illinois State Police.
(b) A registered owner or a lienholder may report the theft by
conversion of a watercraft to the Illinois State Police or any other
police department or sheriff's office. The report will be accepted as a
report of theft and processed only if a formal complaint is on file and a
warrant issued.
(c) The Illinois State Police shall keep a complete record of all
reports filed under this Section. Upon receipt of the report, a careful
search shall be made of the records of the Illinois State Police, and
where it is found that a watercraft reported recovered was stolen in a
county, city, village or town other than the county, city, village or town
in which it is recovered, the recovering agency shall notify the reporting
agency of the recovery in a form and manner prescribed by the Illinois State Police.
(d) Notification of the theft of a watercraft will be furnished to the
Department of Natural Resources by the Illinois State Police. The
Department of Natural Resources shall place the proper
information in the title
registration files and in the certificate of number files to indicate the
theft of a watercraft. Notification of the recovery of a watercraft
previously reported as a theft or a conversion will be furnished to the
Department of Natural Resources by the Illinois State Police. The
Department of Natural Resources shall remove the proper
information from the
certificate of number and title registration files that has previously
indicated the theft of a watercraft. The Department of Natural Resources shall
suspend the certificate of number of a watercraft upon receipt of a report
that the watercraft was stolen.
(e) When the Department of Natural Resources receives
an application for a
certificate of title or an application for a certificate
of number of a watercraft and it is determined from the records that
the watercraft has been reported stolen, the Department of Natural
Resources,
Division of Law Enforcement, shall immediately notify the Illinois State Police and
shall give the Illinois State Police the name and address of the person or firm
titling or registering the watercraft, together with all other information
contained in the application submitted by the person or firm.
(Source: P.A. 102-538, eff. 8-20-21.)
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(625 ILCS 45/3A-7) (from Ch. 95 1/2, par. 313A-7)
Sec. 3A-7.
Contents and effect.
(a) Each certificate of title issued by the Department of Natural
Resources shall contain:
1. The date issued;
2. The name and address of the owner;
3. The names and addresses of any lienholders, in the | ||
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4. The title number assigned to the watercraft;
5. A description of the watercraft including, so far | ||
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6. Any other data the Department of Natural Resources | ||
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(b) The certificate of title shall contain forms for assignment and
warranty of title by the owner, and for assignment and warranty of title by
a dealer, and may contain forms for applications for a certificate of title
by a transferee, the naming of a lienholder and the assignment or release
of the security interest of a lienholder.
(c) A certificate of title issued by the Department of Natural Resources is
prima facie evidence of the facts appearing on it.
(d) A certificate of title is not subject to garnishment,
attachment, execution or other judicial process, but this subsection does
not prevent a lawful levy upon the watercraft.
(e) Any certificate of title issued by the Department of Natural
Resources is subject
to a lien in favor of the State of Illinois for any fees or taxes required
to be paid under this Act and as have not been paid, as provided for in
this Act.
(Source: P.A. 89-445, eff. 2-7-96.)
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(625 ILCS 45/3A-8) (from Ch. 95 1/2, par. 313A-8)
Sec. 3A-8.
Presumption of tenancy.
When a certificate of title is made
out to a husband and wife with the marital relationship shown on the certificate,
it shall
be presumed that the title is held as joint tenants with right of survivorship.
(Source: P.A. 81-1199.)
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(625 ILCS 45/3A-9) (from Ch. 95 1/2, par. 313A-9)
Sec. 3A-9.
Delivery.
The certificate of title shall be mailed
to the first lienholder named in it or, if none, to the owner.
(Source: P.A. 81-1199.)
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(625 ILCS 45/3A-10) (from Ch. 95 1/2, par. 313A-10)
Sec. 3A-10.
Refusing certificate of title.
The Department of Natural
Resources shall refuse issuance of a certificate of title
if any required fee is not paid or if he has reasonable grounds to believe
that:
(a) The applicant is not the owner of the watercraft;
(b) The application contains a false or fraudulent statement; or
(c) The applicant fails to furnish required information or documents or
any additional information the Department of Natural Resources reasonably requires;
(d) The applicant has not paid any fees or
taxes due under this Act and have not been paid upon reasonable notice and
demand.
(Source: P.A. 89-445, eff. 2-7-96.)
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(625 ILCS 45/3A-11) (from Ch. 95 1/2, par. 313A-11)
Sec. 3A-11.
Lost, stolen or mutilated certificates.
(a) If a certificate of title is lost, stolen, mutilated or destroyed or
becomes illegible, the first lienholder or, if none, the owner or legal
representative of the owner named in the certificate, as shown by the
records of the Department of Natural Resources, shall
promptly make application for and may obtain a duplicate upon furnishing
information satisfactory to the Department of Natural Resources. The duplicate
certificate of title shall contain the legend
"This is a duplicate certificate and may be subject to the rights of a person
under the original certificate." It shall be mailed to the first lienholder
named in it or, if none, to the owner.
(b) The Department of Natural Resources shall not issue
a duplicate certificate of title to any person within 15 days after the
issuance of an original certificate of title to such person.
(c) A person recovering an original certificate of title
for which a duplicate has been issued shall promptly
surrender the original certificate to the Department of Natural Resources.
(Source: P.A. 89-445, eff. 2-7-96.)
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(625 ILCS 45/3A-12) (from Ch. 95 1/2, par. 313A-12)
Sec. 3A-12.
Transfer.
(a) If an owner transfers his interest in a watercraft other than by the
creation of a security interest, he shall, at the time of the delivery,
execute an assignment and warranty of title to the transferee
in the space provided therefor on the certificate or as the Department of
Natural Resources prescribes and cause the
certificate and assignment to be mailed or delivered to the transferee or to
the Department of Natural Resources.
(b) Except as provided in Section 3A-14 of this Article, the transferee
shall, promptly and within 15 days after delivery to him of the watercraft
and the assigned title, execute the application for a new certificate of
title in the space provided therefor on the certificate or as the
Department of Natural Resources prescribes, and cause the
certificate and
application to be mailed or delivered to the Department of Natural
Resources.
(c) Upon request of the owner or transferee, a lienholder in possession
of the certificate of title shall, unless the transfer was a breach of his
security agreement, either deliver the certificate to the transferee for
delivery to the Department of Natural Resources or, upon
receipt from the transferee of the owner's assignment, the transferee's
application for a new certificate and the required fee, mail or deliver them to
the Department of Natural Resources. The delivery of the
certificate does not affect the rights of the lienholder under his security
agreement.
(d) If a security interest is reserved or created at the time of the
transfer, the certificate of title shall be retained by or delivered to the
person who becomes the lienholder, and the parties shall comply with the
provisions of Section 3B-3 of Article IIIB.
(e) Except as provided in Section 3A-14 of this Article and as between
the parties, a transfer by an owner is not effective until the provisions
of this Section and Section 3A-16 of this Article have been complied with;
however, an owner who has delivered possession of the watercraft to the
transferee and has complied with the provisions of this Section and Section
3A-16 of this Article requiring action by him as not liable as owner for
any damages thereafter resulting from operation of the watercraft.
(f) The Department of Natural Resources may decline to
process any application for a transfer of an interest in a watercraft if any
fees or taxes due under this Act from the transferor or the transferee have not
been paid upon reasonable notice and demand.
(Source: P.A. 89-445, eff. 2-7-96.)
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(625 ILCS 45/3A-13) (from Ch. 95 1/2, par. 313A-13)
Sec. 3A-13.
Transfer to or from dealer - Manufacturer's or Importer's
Certificate. (a) No dealer shall purchase or acquire a new watercraft
without obtaining from the seller thereof a manufacturer's or importer's certificate.
(b) No manufacturer, importer, dealer or other person shall sell or otherwise
dispose of a new watercraft to a dealer for purposes of display and resale,
without delivering to such dealer a manufacturer's or importer's certificate.
(Source: P.A. 81-1199.)
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(625 ILCS 45/3A-14) (from Ch. 95 1/2, par. 313A-14)
Sec. 3A-14.
Transfer to or from dealer - Records.
(a) If a dealer buys a watercraft and holds it for resale and procures the
certificate of title from the owner or the lienholder within 10 days after
delivery to him of the watercraft he need not send the certificate to the
Department of Natural Resources but, upon transferring the
watercraft to another person other than by the creation of a security interest,
shall promptly and within 15 days execute the assignment and warranty of title
by a dealer, showing the names and addresses of the transferee and of any
lienholder holding a security interest created or reserved at the time of the
resale and the date of his security agreement, in the spaces provided therefor
on the certificate or as the Department of Natural Resources prescribes, and mail or deliver the certificate to the
Department with the transferee's application for a new
certificate.
(b) Every dealer shall maintain for 3 years a record in the form the
Department of Natural Resources prescribes of every
watercraft bought, sold
or exchanged by him, or received by him for sale or exchange, which shall
be open to inspection by a representative of the Department of Natural
Resources or peace officer during reasonable business hours.
(c) The Department of Natural Resources may decline to
process any application for a transfer of an interest in a watercraft if any
fees or taxes due under this Act from the transferor or the transferee have not
been paid upon reasonable notice and demand.
(Source: P.A. 89-445, eff. 2-7-96.)
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(625 ILCS 45/3A-15) (from Ch. 95 1/2, par. 313A-15)
Sec. 3A-15. Transfer by operation of law.
(a) If the interest of an owner in a watercraft passes to another other
than by voluntary transfer, the transferee shall, except as provided in
subsection (b), promptly mail or deliver within 15 days to the Department of
Natural Resources the last certificate of title, if
available, proof of the transfer, and his or her application for a new
certificate in the form the Department prescribes. It
shall be unlawful for any person having possession of a certificate of title
for a watercraft by reason of his or her having a lien or encumbrance on such
watercraft, to fail or refuse to deliver such certificate to the owner, upon
the satisfaction or discharge of the lien or encumbrance, indicated upon such
certificate of title.
(b) If the interest of an owner in a watercraft passes to another under the
provisions of the Small Estates provisions of the Probate Act of 1975,
as amended, the transferee shall promptly mail or deliver to the Department of
Natural Resources, within 120 days, the last certificate
of title, if available, the documentation required under the provisions of the
Probate Act of 1975, as amended, and an application for certificate
of title. The transfer may be to the transferee or to the nominee of the
transferee.
(c) If the interest of an owner in a watercraft passes to another under
other provisions of the Probate Act of 1975, as amended,
and the transfer is made by an executor, administrator, or guardian for
a person with a disability, such transferee shall promptly mail or deliver to the
Department of Natural Resources, the last certificate of
title, if available, and a certified copy of the letters testamentary, letters
of administration or letters of guardianship, as the case may be, and an
application for certificate of title. Such application shall be made before
the estate is closed. The transfer may be to the transferee or to the nominee
of the transferee.
(d) If the interest of an owner in joint tenancy passes to the other
joint tenant with survivorship rights as provided by law, the transferee
shall promptly mail or deliver to the Department of Natural Resources, the last certificate of title, if available, proof of death
of the one joint tenant
and survivorship of the surviving joint tenant, and an application for
certificate of title. Such application shall be made within 120 days after
the death of the joint tenant. The transfer may be to the
transferee or to the nominee of the transferee.
(e) If the interest of the owner is terminated or the watercraft is sold
under a security agreement by a lienholder named in the certificate of
title, the transferee shall promptly mail or deliver within 15 days to the
Department of Natural Resources the last certificate of
title, his or her
application for a new certificate in the form the Department
prescribes, and an affidavit made by or on behalf of the lienholder that
the watercraft was repossessed and that the interest of the owner was lawfully
terminated or sold pursuant to the terms of the security agreement. In all
cases wherein a lienholder has found it necessary to repossess a watercraft
and desires to obtain certificate of title for such watercraft in the
name of such lienholder, the Department of Natural Resources shall not issue a
certificate of title to such lienholder unless the person from whom such
watercraft has been repossessed, is shown to be the last registered owner of
such watercraft and such lienholder establishes to the satisfaction of
the Department that he or she is entitled to such
certificate of title.
(f) A person holding a certificate of title whose interest in the
watercraft has been extinguished or transferred other than by voluntary
transfer shall mail or deliver the certificate within 15 days upon request
of the Department of Natural Resources. The delivery of
the certificate pursuant to the request of the Department of Natural
Resources does not affect the
rights of the person surrendering the certificate, and the action of the
Department in issuing a new certificate of title as
provided herein is not conclusive upon the rights of an owner or lienholder
named in the old certificate.
(g) The Department of Natural Resources may decline to
process any
application for a transfer of an interest hereunder if any fees or taxes
due under this Act from the transferor or the transferee have not been paid
upon reasonable notice and demand.
(h) The Department of Natural Resources shall not be
held civilly or criminally liable to any person because any purported
transferor may not have had the power or authority to make a transfer of any
interest in any watercraft.
(Source: P.A. 99-143, eff. 7-27-15.)
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(625 ILCS 45/3A-16) (from Ch. 95 1/2, par. 313A-16)
Sec. 3A-16. Fees. Fees shall be paid according to the
following schedule:
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(Source: P.A. 97-1136, eff. 1-1-13.)
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(625 ILCS 45/3A-17) (from Ch. 95 1/2, par. 313A-17)
Sec. 3A-17.
Transfer of watercraft.
A transferor of a watercraft
other than a dealer transferring a new watercraft, shall deliver
to the transferee at the time of delivery of possession of the watercraft the
properly assigned certificate of title.
(Source: P.A. 85-149.)
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(625 ILCS 45/3A-18) (from Ch. 95 1/2, par. 313A-18)
Sec. 3A-18.
Transfer or surrender of certificate of title.
(a) The Department of Natural Resources, upon receipt of
a properly assigned
certificate of title, with an application for a new certificate of title,
the required fee and any other documents required by law, shall issue a new
certificate of title in the name of the transferee as owner and mail it to
the first lienholder named in it or, if none, to the owner.
(b) The Department of Natural Resources, upon receipt
of an application for a new
certificate of title by a transferee other than by voluntary transfer, with
proof of the transfer, the required fee and any other documents required by
law, shall issue a new certificate of title in the name of the transferee
as owner. If the outstanding certificate of title is not delivered to him,
the Department shall make demand therefor from the holder
thereof.
(c) The Department of Natural Resources shall file and
retain for 4 years
every surrendered Illinois certificate of title, the file to be maintained
so as to permit the tracing of title of the watercraft designated therein.
(Source: P.A. 89-445, eff. 2-7-96.)
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(625 ILCS 45/3A-19) (from Ch. 95 1/2, par. 313A-19)
Sec. 3A-19.
Scrapping, junking or destroying a watercraft.
An owner
who scraps, junks or destroys a watercraft, or a person who purchases a
watercraft as scrap or as a watercraft to be junked or destroyed shall
immediately cause the certificate of title to be mailed or delivered to the
Department of Natural Resources, and a certificate
of title shall not again be issued for such watercraft. Upon receipt
of the certificate of title, the Department shall cancel the certificate.
(Source: P.A. 89-445, eff. 2-7-96.)
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(625 ILCS 45/3A-20) (from Ch. 95 1/2, par. 313A-20)
Sec. 3A-20.
Offenses relating to titling; misdemeanors.
Violation of
any of the following provisions shall constitute a Class A misdemeanor:
(a) No person shall operate in this State a watercraft for which a
certificate of title is required without having such certificate of title.
(b) No person shall sell, transfer or otherwise dispose of a watercraft
without delivering to the purchaser or transferee a certificate of title, or a
manufacturer's or importer's certificate, assigned to such purchaser or
transferee as required by this Act.
(c) No person shall fail to surrender to the Department of Natural
Resources any certificate of title upon cancellation of the
same by the Department for any valid reason set forth in this Act or
regulations adopted pursuant thereto.
(Source: P.A. 88-524; 89-445, eff. 2-7-96.)
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(625 ILCS 45/3A-21) (from Ch. 95 1/2, par. 313A-21)
Sec. 3A-21.
Offenses relating to titling; felonies.
Violation of any of the
following provisions shall constitute a Class 2 felony:
(a) No person shall alter, forge or counterfeit any certificate of title
or a manufacturer's or importer's certificate to a watercraft.
(b) No person shall alter or falsify any assignment of a certificate of
title, or an assignment or cancellation of a security interest on a certificate
of title to a watercraft.
(c) No person shall hold or use a certificate of title to a watercraft
nor hold or use any assignment or cancellation of a security interest on
a certificate of title to a watercraft, knowing it to have been altered,
forged, counterfeited or falsified.
(d) No person shall use a false or fictitious name or address, or make
any material false statement, or conceal any material fact, in an application
for a certificate of title, or in a bill of sale or sworn statement of
ownership.
(e) No person shall procure or attempt to procure a certificate of title
to a watercraft, or pass or attempt to pass a certificate of title or any
assignment thereof to a watercraft, knowing or having reason to believe
that such watercraft has been stolen.
(f) No person shall have possession of, buy, receive, sell or offer to
sell, or otherwise dispose of a watercraft on which the manufacturer's
or assigned serial number of the watercraft has been destroyed, removed,
covered, altered, or defaced, knowing of such destruction, removal, covering,
alteration or defacement of such manufacturer's or assigned serial number.
(g) No person shall destroy, remove, cover, alter or deface the
manufacturer's or assigned serial number on any watercraft.
(h) No person shall possess, buy, sell, exchange or give away, or offer
to buy, sell, exchange, or give away the certificate of title to any watercraft
which is a junk or salvage.
(Source: P.A. 88-524.)
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(625 ILCS 45/Art. IIIB heading) ARTICLE IIIB.
SECURITY INTERESTS
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(625 ILCS 45/3B-1) (from Ch. 95 1/2, par. 313B-1)
Sec. 3B-1.
Excepted liens and security interests.
This Article does not apply to or affect:
(a) A lien given by statute or rule of law to a supplier of services or
materials for the watercraft;
(b) A lien given by the statute to the United States, this State or any
political subdivision of this State.
(c) A security interest in a watercraft created by a manufacturer or dealer
who holds the watercraft for sale, but a buyer in the ordinary course of trade
from the manufacturer or dealer takes free of the security interest.
(Source: P.A. 81-1199.)
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(625 ILCS 45/3B-2) (from Ch. 95 1/2, par. 313B-2)
Sec. 3B-2.
Perfection of security interest.
(a) Unless excepted by Section 3B-1, a security interest in a watercraft
of a type for which a certificate of title is required is not valid against
subsequent transferees or lienholders of the watercraft unless perfected as
provided in this Act.
(b) A security interest is perfected by the delivery to the Department of
Natural Resources of the existing certificate of title, if
any, an application for a
certificate of title containing the name and address of the lienholder and
the date of his security agreement and the required fee. It is perfected as
of the time of its creation if the delivery is completed within 21 days
thereafter, otherwise as of the time of the delivery.
(c) If a watercraft is subject to a security interest when brought into
this State, the validity of the security interest is determined by the law
of the jurisdiction where the watercraft was when the security interest
attached, subject to the following:
1. If the parties understood at the time the security | ||
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2. If the security interest was perfected under the | ||
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(A) If the name of the lienholder is shown on an | ||
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(B) If the name of the lienholder is not shown on | ||
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3. If the security interest was not perfected under | ||
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4. A security interest may be perfected under | ||
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(Source: P.A. 89-445, eff. 2-7-96.)
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(625 ILCS 45/3B-3) (from Ch. 95 1/2, par. 313B-3)
Sec. 3B-3.
Security interest.
If an owner creates a security interest in a
watercraft:
(a) The owner shall immediately execute the application, in the space
provided therefor on the certificate of title or on a separate form the
Department of Natural Resources prescribes, to name the
lienholder on the certificate,
showing the name and address of the lienholder and the date of his security
agreement, and cause the certificate, application and the required fee to
be delivered to the lienholder.
(b) The lienholder shall immediately cause the certificate, application
and the required fee to be mailed or delivered to the Department of
Natural Resources.
(c) Upon request of the owner or subordinate lienholder, a lienholder in
possession of the certificate of title shall either mail or deliver the
certificate to the subordinate lienholder for delivery to the Department of
Natural Resources or, upon receipt from the subordinate
lienholder of the owner's application and the required fee, mail or deliver
them to the Department of Natural Resources with the
certificate. The delivery of the certificate does not affect the rights of the
first lienholder under his security agreement.
(d) Upon receipt of the certificate of title, application and the
required fee, the Department of Natural Resources shall
either endorse on the
certificate or issue a new certificate containing the name and address of
the new lienholder, and mail the certificate to the first lienholder named
in it.
(Source: P.A. 89-445, eff. 2-7-96.)
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(625 ILCS 45/3B-4) (from Ch. 95 1/2, par. 313B-4)
Sec. 3B-4.
Assignment by lienholder.
(a) A lienholder may assign, absolutely or otherwise, his security
interest in the watercraft to a person other than the owner without affecting
the interest of the owner or the validity of the security interest, but any
person without notice of the assignment is protected in dealing with the
lienholder as the holder of the security interest and the lienholder
remains liable for any obligations as lienholder until the assignee is
named as lienholder on the certificate.
(b) The assignee may, but need not to perfect the assignment, have the
certificate of title endorsed or issued with the assignee named as lienholder,
upon delivering to the Department of Natural Resources the
certificate and an assignment by the lienholder named in the certificate in the
form the Department prescribes.
(Source: P.A. 89-445, eff. 2-7-96.)
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(625 ILCS 45/3B-5) (from Ch. 95 1/2, par. 313B-5)
Sec. 3B-5.
Release of security interest.
(a) Upon the satisfaction of a security interest in a watercraft for which
the certificate of title is in the possession of the lienholder, he shall,
within 10 days after demand and, in any event, within 30
days, execute a release of his security interest, and mail or deliver the
certificate and release to the next lienholder named therein, or, if none, to
the owner or any person who delivers to the lienholder an authorization from
the owner to receive the certificate. The owner, other than a dealer holding
the watercraft for resale, shall promptly cause the certificate and release
to be mailed or delivered to the Department of Natural Resources, which shall
release the lienholder's rights on the
certificate or issue a new certificate.
(b) Upon the satisfaction of a security interest in a watercraft for which
the certificate of title is in the possession of a prior lienholder, the
lienholder whose security interest is satisfied shall within 10 days
after demand and, in any event, within 30 days execute a release
and deliver the release to the owner or any person who delivers to the
lienholder an authorization from the owner to receive it. The lienholder in
possession of the certificate of title shall either deliver the certificate
to the owner, or the person authorized by him, for delivery to the
Department of Natural Resources, or, upon receipt of the
release, mail or
deliver the certificate and release to the Department,
which shall release the subordinate lienholder's rights on the
certificate or issue a new certificate.
(Source: P.A. 89-445, eff. 2-7-96.)
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(625 ILCS 45/3B-6) (from Ch. 95 1/2, par. 313B-6)
Sec. 3B-6.
Duty of lienholder.
A lienholder named in a certificate of title shall, upon written request
of the owner or of another lienholder named on the certificate, disclose
any pertinent information as to his security agreement and the indebtedness
secured by it.
(Source: P.A. 81-1199.)
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(625 ILCS 45/3B-7) (from Ch. 95 1/2, par. 313B-7)
Sec. 3B-7.
Exclusiveness of procedure.
The method provided in this Act of perfecting and giving notice of
security interests subject to this Act is exclusive. Security interests
subject to this Act are hereby exempted from the provisions of law which
otherwise require or relate to the recording or filing of instruments
creating or evidencing security interests in watercraft including chattel
mortgages and conditional sale agreements.
(Source: P.A. 85-149.)
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(625 ILCS 45/3B-8) (from Ch. 95 1/2, par. 323B-8)
Sec. 3B-8.
Suspension or revocation of certificates.
(a) The Department of Natural Resources may suspend or
revoke a certificate of title, upon notice and reasonable opportunity to be
heard, when authorized by any other provision of law or if he finds:
1. The certificate of title was fraudulently procured | ||
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2. The watercraft has been scrapped, dismantled or | ||
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(b) Suspension or revocation of a certificate of title does not, in
itself, affect the validity of a security interest noted on it.
(c) When the Department of Natural Resources suspends
or revokes a certificate
of title, the owner or person in possession of it shall, immediately upon
receiving notice of the suspension or revocation, mail or deliver the
certificate to the Department.
(d) The Department of Natural Resources may seize and
impound any
certificate of title which has been suspended or revoked.
(Source: P.A. 89-445, eff. 2-7-96.)
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(625 ILCS 45/3B-9) (from Ch. 95 1/2, par. 313B-9)
Sec. 3B-9.
Powers of Department of Natural Resources.
(a) The Department of Natural Resources
shall prescribe and provide suitable forms of applications, certificates
of title, notices of security interests, and all
other notices and forms necessary to carry out the provisions of this
Article and Article IIIA.
(b) The Department of Natural Resources may:
1. Make necessary investigations to procure | ||
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2. Assign a new identifying number to a watercraft if | ||
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(Source: P.A. 89-445, eff. 2-7-96.)
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(625 ILCS 45/3B-10) (from Ch. 95 1/2, par. 313B-10)
Sec. 3B-10.
Court review.
A person aggrieved by an act or omission to act of
the Department of Natural Resources under this Article or
Article IIIA is also entitled to a review thereof by the Circuit Court of
Sangamon County in accordance with the Administrative Review Law, as amended.
(Source: P.A. 89-445, eff. 2-7-96.)
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(625 ILCS 45/Art. IIIC heading) ARTICLE IIIC.
LOST AND ABANDONED
WATERCRAFT
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(625 ILCS 45/3C-1) (from Ch. 95 1/2, par. 313C-1)
Sec. 3C-1.
Abandonment of watercraft prohibited.
(a) The abandonment
of a watercraft or any part thereof on any waters in this State is unlawful
and subject to penalties as set forth under Section 3C-14.
(b) The abandonment of a watercraft or any part thereof on private or
public property, other than a waterway, in view of the general public,
anywhere in this State is unlawful except on property of the owner or bailee
of such abandoned watercraft.
(Source: P.A. 84-646.)
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(625 ILCS 45/3C-2) (from Ch. 95 1/2, par. 313C-2)
Sec. 3C-2. Notification to law
enforcement agencies. When an abandoned, lost, stolen or unclaimed
watercraft comes into the temporary possession or custody of a person in
this State, not the owner of the watercraft, such person shall immediately
notify the municipal police when the watercraft is within the corporate
limits of any city, village or town having a duly authorized police
department, or the Illinois State Police, Conservation Police or the county sheriff
when the watercraft is outside the corporate limits of a city, village or
town. Upon receipt of such notification, the municipal police, State
Police, Conservation Police, or county sheriff will authorize a towing
service to remove and take possession of the abandoned, lost, stolen or
unclaimed watercraft. The towing service will safely keep the towed
watercraft and its contents, and maintain a record of the tow as set forth in
Section 3C-4 for law enforcement agencies, until the watercraft is claimed
by the owner or any other person legally entitled to possession thereof or
until it is disposed of as provided in this Article.
(Source: P.A. 102-538, eff. 8-20-21.)
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(625 ILCS 45/3C-3) (from Ch. 95 1/2, par. 313C-3)
Sec. 3C-3.
Removal of watercraft.
(a) When a
watercraft is abandoned on any waters of this State for 24 hours or more,
its removal by a towing service may be authorized by a law enforcement
agency having jurisdiction.
(b) When an abandoned, unattended, wrecked, burned or partially
dismantled watercraft is creating a traffic or navigational hazard because
of its position in relation to the waterway or because its physical appearance
is impeding traffic or navigation, its immediate removal
from the waterway by a towing service may be authorized by a law
enforcement agency having jurisdiction.
(c) When a watercraft removal from either public or private property is
authorized by a law enforcement agency, the owner of the watercraft will be
responsible for all towing costs. Watercraft removed from public or
private property and stored by a commercial relocator or any other towing
service shall be subject to a possessory lien for services pursuant to "An
Act concerning liens for labor, services, skills or materials furnished
upon or storage furnished for chattels", filed July 24, 1941, as amended,
and the provisions of Section 1 of
that Act relating to notice and implied consent shall be deemed satisfied.
In no event shall such lien be greater than the rates established by that Act.
In no event shall such lien be increased or altered to reflect any charge
for services or materials rendered in addition to those authorized by this
Article. Every such lien shall be payable in cash.
(Source: P.A. 84-646.)
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(625 ILCS 45/3C-4) (from Ch. 95 1/2, par. 313C-4)
Sec. 3C-4. Police tows; reports; release of watercraft; payment. (a) When a watercraft is authorized to be towed away as provided in Section 3C-2 or 3C-3, the authorization, any hold order, and any release shall be in writing, or confirmed in writing, with a copy given to the towing service. (b) When a watercraft is
authorized to be towed away as provided in Section 3C-2, the police
headquarters or office of the law enforcement officer authorizing the towing shall keep
and maintain a record of the watercraft towed, listing the color,
manufacturer's trade name, manufacturer's series name, hull type, hull
material, hull identification number, and registration number displayed on
the watercraft. The record shall also include the date and hour of tow,
location towed from, location towed to, and reason for towing and the name
of the officer authorizing the tow.
(c) The owner, operator, or other legally entitled person shall be responsible to the towing service for the payment of applicable removal, towing, storage, and processing charges and collection costs associated with a watercraft towed or held under order or authorization of a law enforcement agency. If a watercraft towed or held under order or authorization of a law enforcement agency is seized by the ordering or authorizing agency or any other law enforcement or governmental agency and sold, any unpaid removal, towing, storage, and processing charges and collection costs shall be paid to the towing service from the proceeds of the sale. If the applicable law provides that the proceeds are to be paid into the treasury of the appropriate civil jurisdiction, then any unpaid removal, towing, storage, and processing charges and collection costs shall be paid to the towing service from the treasury of the civil jurisdiction. Such payment shall not exceed the amount of proceeds from the sale, with the balance to be paid by the owner, operator, or other legally entitled person. (d) Upon the delivery of a written release order to the towing service, a watercraft subject to a hold order shall be released to the owner, operator, or other legally entitled person upon proof of ownership or other entitlement and upon payment of applicable removal, towing, storage, and processing charges and collection costs. (Source: P.A. 102-595, eff. 6-1-22.)
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(625 ILCS 45/3C-5) (from Ch. 95 1/2, par. 313C-5)
Sec. 3C-5. Record searches. When a law enforcement agency authorizing
the impounding of a watercraft does not know the identity of the registered
owner, lienholder or other legally entitled person, that law enforcement
agency will cause the watercraft registration records of the State of
Illinois to be searched by the Department of Natural
Resources for the purpose
of obtaining the required ownership information. The law enforcement agency
authorizing the impounding of a watercraft will cause the stolen watercraft
files of the Illinois State Police to be searched by a directed communication to the Illinois
State Police for stolen or wanted information on the watercraft. When the Illinois
State Police files are searched with negative results, the information
contained in the National Crime Information Center (NCIC) files will be
searched by the Illinois State Police. The information determined from these record
searches will be returned to the requesting law enforcement agency for that
agency's use in sending a notification by certified mail to the registered
owner, lienholder and other legally entitled persons advising where the
watercraft is held, requesting that a disposition be made and setting forth
public sale information.
Notification shall be sent no later than 10 days after the date the law
enforcement agency impounds or authorizes the impounding of a watercraft,
provided that if the law enforcement agency is unable to determine the
identity of the registered owner, lienholder or other person legally
entitled to ownership of the impounded watercraft within a 10 day period
after impoundment, then notification shall be sent no later than 2 days
after the date the identity of the registered owner, lienholder or other
person legally entitled to ownership of the impounded watercraft is
determined. Exceptions to a notification by certified mail to
the registered owner, lienholder and other legally entitled persons are set
forth in Section 3C-9.
(Source: P.A. 102-538, eff. 8-20-21.)
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(625 ILCS 45/3C-6) (from Ch. 95 1/2, par. 313C-6)
Sec. 3C-6.
Identifying and tracing of watercraft ownership by the
Department of Natural Resources. When the registered
owner, lienholder or other
person legally entitled to the possession of a watercraft cannot be
identified from the registration files of this State or from the
registration files of a foreign state, if applicable, the law enforcement
agency having custody of the watercraft shall notify the Department of
Natural Resources, for the purpose of identifying the
watercraft owner or other person legally entitled to the possession of the
watercraft. The information obtained by the Department of Natural
Resources will be immediately forwarded to the law
enforcement
agency having custody of the watercraft for notification purposes as set forth
in Section 3C-5.
(Source: P.A. 89-445, eff. 2-7-96.)
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(625 ILCS 45/3C-7) (from Ch. 95 1/2, par. 313C-7)
Sec. 3C-7.
Reclaimed watercraft.
Any time before a watercraft is sold
at public sale or disposed of as provided in Section
3C-8, the owner, lienholder or other person legally entitled to its
possession may reclaim the watercraft by presenting to the law enforcement
agency having custody of the watercraft proof of ownership or proof of the
right to possession of the watercraft. No watercraft shall be released to
the owner, lienholder or other person under this Section until all towing
and storage charges have been paid.
(Source: P.A. 84-646.)
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(625 ILCS 45/3C-8) (from Ch. 95 1/2, par. 313C-8)
Sec. 3C-8.
Disposal of unclaimed watercraft.
(a) In cities having a
population of more than 500,000 inhabitants, whenever an abandoned, lost,
stolen or unclaimed watercraft or other watercraft remains unclaimed by the
registered owner, lienholder or other legally entitled person for a period
of 15 days after notice has been given as provided in Sections 3C-5 and
3C-6, the watercraft may be disposed of as provided in the
"Municipal purchasing act for cities of 500,000 or more population".
(b) Except as provided in subsection (a),
when an abandoned, lost, stolen or unclaimed watercraft 7 years
of age or newer remains unclaimed by the registered owner, lienholder or
other person legally entitled to its possession for a period of 30 days
after notice has been given as provided in Sections 3C-5 and 3C-6,
the law enforcement agency or towing service having possession of the
watercraft shall cause it to be sold at public sale to the highest bidder.
Notice of the time and place of the sale shall be posted in a conspicuous
place for at least 10 days prior to the sale, on the premises where the
watercraft has been impounded. At least 10 days prior to the sale, the law
enforcement agency where the watercraft is impounded, or the towing service
where the watercraft is impounded, shall cause a notice of the time and
place of the sale to be sent by certified mail to the registered owner,
lienholder and other persons known by the law enforcement agency or towing
service to be legally entitled to the possession of the watercraft. Such
notice shall contain a complete description of the watercraft to be sold
and what steps must be taken by any legally entitled person to reclaim the
watercraft. In those instances where the certified notification specified
in Sections 3C-5 and 3C-6 has been returned by the postal
authorities to the law enforcement agency or towing service due to the
addressee having moved, or being unknown at the address obtained from the
registration records of this State, the sending of a second certified
notice will not be required.
(Source: P.A. 84-646.)
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(625 ILCS 45/3C-9) (from Ch. 95 1/2, par. 313C-9)
Sec. 3C-9. Disposal of unclaimed watercraft without notice.
(a) When the identity of the registered owner, lienholder and other person
legally entitled to the possession of an abandoned, lost or unclaimed
watercraft of 7 years of age or newer cannot be determined by any means
provided for in this Article, the watercraft may be sold as provided in Section
3C-8 without notice to any person whose identity cannot be determined.
(b) When an abandoned watercraft of more than 7 years of age is
impounded as specified by this Article, it will be kept in custody for a
minimum of 10 days for the purpose of determining the identity of the
registered owner and lienholder, contacting the registered owner and
lienholder for a
determination of disposition, and an examination of the Illinois State Police stolen
watercraft files for the theft and wanted information. At the expiration
of the 10 day period, if disposition information has not been
received from the registered owner or the lienholder, the law enforcement
agency having jurisdiction will authorize the disposal of the watercraft
as junk.
However, if, in the opinion of the police
officer processing the watercraft, it has a value of $200 or
more and can be restored to safe operating condition, the law enforcement
agency may authorize its purchase for salvage and the Department of
Natural Resources may issue a certificate of title.
A watercraft classified as a historical watercraft may be
sold to a person desiring to restore it.
(Source: P.A. 102-538, eff. 8-20-21.)
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(625 ILCS 45/3C-10) (from Ch. 95 1/2, par. 313C-10)
Sec. 3C-10.
Police reports.
When a watercraft in the custody of a law
enforcement agency is
reclaimed by the registered owner, lienholder or other legally entitled
person, or when the watercraft is sold at public sale or otherwise disposed
of as provided in this Article, a report of the transaction will be maintained
by the law enforcement agency for a period of one year from the date of the
sale or disposal.
(Source: P.A. 84-646.)
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(625 ILCS 45/3C-11) (from Ch. 95 1/2, par. 313C-11)
Sec. 3C-11.
Disposition of proceeds.
(a) When a watercraft located
within the corporate limits of a city,
village or town is towed away by a law enforcement agency
having jurisdiction and disposed of as set forth in this Article, the proceeds
of the public sale or disposition, after the deduction of towing, storage
and processing charges, shall be deposited in the treasury of such city, village or town.
(b) When a watercraft located outside the corporate limits of any city,
village or town is towed away by a law enforcement agency
having jurisdiction and disposed of as set forth in this Article, the proceeds
of the public sale or disposition, after deducting towing, storage and
processing costs, shall be deposited in the county treasury of the county
where the watercraft was located at the time of the tow.
(Source: P.A. 84-646.)
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(625 ILCS 45/3C-12) (from Ch. 95 1/2, par. 313C-12)
Sec. 3C-12.
Titling watercraft.
When an applicant for a certificate of
title presents to the Department of Natural Resources
proof that he has purchased or acquired a
watercraft at a public sale as authorized by this Article and such fact is
certified by the law enforcement agency having jurisdiction over the
public sale of the watercraft, the Department shall issue a
certificate of title for the watercraft upon receipt of the statutory fee
and a properly executed application for a certificate of title. The title
issued by the Department under this Section shall be free
of any lien that existed against the watercraft prior to the time the
watercraft was acquired by the applicant under this Article.
(Source: P.A. 89-445, eff. 2-7-96.)
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(625 ILCS 45/3C-13) (from Ch. 95 1/2, par. 313C-13)
Sec. 3C-13.
Liability.
A law enforcement officer or agency, towing
service owner, operator or employee shall not be held
liable for damages in any action brought by the registered owner, former
registered owner or his legal representative, lienholder or any other
person legally entitled to the possession of a watercraft when the
watercraft was processed and sold or disposed of as provided by this Article.
(Source: P.A. 84-646.)
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(625 ILCS 45/3C-14) (from Ch. 95 1/2, par. 313C-14)
Sec. 3C-14.
Violations.
Any person who violates or aids and abets in
the violation of Section 3C-1 of this Act is guilty of a
petty offense, and may be required by the court to make a disposition on
the abandoned or unclaimed watercraft.
(Source: P.A. 84-646.)
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(625 ILCS 45/Art. IV heading) ARTICLE IV.
MOTORBOAT EQUIPMENT
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(625 ILCS 45/4-1) (from Ch. 95 1/2, par. 314-1)
Sec. 4-1. Personal flotation devices.
A. No person may operate a watercraft
unless at least one wearable U.S. Coast Guard approved personal flotation device for each person is on board, so placed as to be readily available for each person.
B. No person may operate a personal watercraft or specialty prop-craft
unless each person aboard is wearing a wearable U.S. Coast Guard approved personal flotation device. No person on board a personal watercraft shall use an inflatable PFD in order to meet the PFD requirements of subsection A of this Section.
C. No person may operate a watercraft 16 feet or more in length,
except a canoe or kayak, unless at least one readily accessible United States Coast Guard
approved throwable PFD is on board.
D. (Blank).
E. When assisting a person on water skis, aquaplane or similar
device, there must be one wearable U.S. Coast Guard approved PFD on
board the watercraft for each person being assisted or towed or worn
by the person being assisted or towed.
F. No person may operate a watercraft unless each device required by
this Section is:
1. in serviceable condition;
2. identified by a label bearing a description and | ||
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3. of the appropriate size for the person for whom it | ||
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4. in the case of a wearable PFD, readily accessible | ||
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5. in the case of a throwable PFD, immediately | ||
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6. out of its original packaging; and 7. not stowed under lock and key. G. Approved personal flotation devices are defined as a device that is approved by the United States Coast Guard under Title 46 CFR Part 160.
H. (Blank).
H-5. An approved and appropriately sized wearable U.S. Coast Guard approved personal flotation device shall be worn by each person under the age of 13 while in tow. I. No person may operate any watercraft unless an approved and appropriately sized wearable U.S. Coast Guard approved personal flotation device is being properly worn by each person
under
the age of 13 on the deck of a watercraft or in an open watercraft at all times in which the watercraft is
underway; however, this requirement shall not apply to persons who are enclosed in a cabin or below the top deck on a watercraft, on an anchored watercraft that is a platform for swimming or diving, or aboard a charter "passenger for hire" watercraft with a licensed captain.
J. Racing shells, rowing sculls, racing canoes, and racing kayaks are exempt from the PFD, of any type, carriage requirements under this Section provided that the racing shell, racing scull, racing canoe, or racing kayak is participating in an event sanctioned by the Department as a PFD optional event. The Department may adopt rules to implement this subsection. (Source: P.A. 102-595, eff. 6-1-22.)
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(625 ILCS 45/4-2) (from Ch. 95 1/2, par. 314-2)
Sec. 4-2. Navigation lights.
A. Watercraft subject to this Section shall be divided into classes as follows:
1. Class 1: Less than 16 feet in length.
2. Class 2: 16 feet or over and less than 26 feet in | ||
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3. Class 3: 26 feet or over and less than 40 feet in | ||
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4. Class 4: 40 feet or over and less than 65 feet | ||
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B. Every motorboat, underway from sunset to sunrise or underway in weather causing reduced visibility, shall carry and exhibit the following United States Coast Guard approved lights when underway and, during such time, shall not use any other lights that may be mistaken for or interfere with those prescribed as follows: 1. A Class 1 or Class 2 motorboat shall carry the | ||
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(a) A bright white light aft to show all around | ||
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(b) A combined light in the fore part of the | ||
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2. A Class 3 or Class 4 motorboat shall carry the | ||
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(a) A bright white light in the fore part of | ||
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(b) A bright white light aft, mounted higher | ||
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(c) On the starboard side, a green light so | ||
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3. A Class 1 or Class 2 motorboat propelled by sail | ||
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4. Every white light prescribed by this Section | ||
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5. If propelled by sail and machinery, a motorboat | ||
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6. All other watercraft over 65 feet in length and | ||
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C. Nonpowered watercraft shall carry, ready at hand, a lantern or flashlight showing a white light that shall be exhibited in sufficient time to avert collision. Manually propelled watercraft used on the waters of this State where power-driven vessels are prohibited are exempt from the provisions of this Section.
D. Any watercraft may carry and exhibit the lights required by the international regulations in lieu of the lights required by subsection B of this Section.
E. All watercraft, when anchored, other than in a special anchorage area as defined in 33 CFR 109.10, shall, from sunset to sunrise, carry and display a steady white light visible all around the horizon for a distance of no less than 2 miles.
F. (Blank).
G. (Blank).
(Source: P.A. 102-595, eff. 6-1-22.)
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(625 ILCS 45/4-3) (from Ch. 95 1/2, par. 314-3)
Sec. 4-3.
Mufflers.
A. All motorboats shall be equipped and maintained with an effective
muffler or underwater exhaust system. For the purpose of this Section, an
effective muffler or underwater exhaust system is one that does not produce
sound levels that create excessive or unusual noise, or sound levels that
are in excess of 90 decibels when subjected to a stationary sound level
test as prescribed by the Society of Automotive Engineers in its procedure
J2005.
B. No person may operate a motorboat on the waters of this State in a
manner to exceed a noise level of 75 decibels measured as specified in the
Society of Automotive Engineers in its procedure J1970 from any point on
the shoreline, or from any point on the water within 20 feet of the
shoreline, of the body of water on which the motorboat is being operated.
C. No person may manufacture or offer for sale any motorboat for use on
the waters of this State if that motorboat cannot be operated in compliance
with the sound levels in subsections A and B above.
D. The provisions of this Section shall apply to all public waters over
which the State has jurisdiction.
E. This Section does not apply to:
(1) a motorboat tuning up for or participating in | ||
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(2) a motorboat being operated by a boat or marine | ||
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F. Any person violating subsection A or B of this Section shall be
required to:
(1) install an effective muffler system on the | ||
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(2) pass the sound level test prescribed by the | ||
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(3) be subject to a Class B misdemeanor for the first | ||
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G. Any person violating subsection C of this Section shall be required to:
(1) install an effective muffler system on the | ||
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(2) pass the sound level test prescribed by the | ||
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(3) be subject to a Class A misdemeanor for the first | ||
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H. Any person who operates any motorboat upon the waters of this State
shall be deemed to have given consent to the test or tests as may be
prescribed in this Section or by the Department to determine if the
motorboat is in compliance with the provisions of this Section.
(Source: P.A. 87-391; 87-422; 87-895.)
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(625 ILCS 45/4-4) (from Ch. 95 1/2, par. 314-4)
Sec. 4-4.
Whistles.)
It is unlawful to operate a motorboat without a
mouth, hand or power operated whistle, horn or other appliance, capable of
producing a blast of 2 seconds or more duration and audible for at least
one-half mile.
(Source: P.A. 82-783.)
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(625 ILCS 45/4-5) (from Ch. 95 1/2, par. 314-5)
Sec. 4-5.
Fire extinguisher.
It is unlawful to operate a motorboat
equipped with an internal combustion engine anywhere
in this State without at least one U. S. Coast Guard approved fire
extinguisher, so placed as to be readily accessible and in such condition as to be ready
for immediate and effective use.
(Source: P.A. 85-149.)
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(625 ILCS 45/4-6) (from Ch. 95 1/2, par. 314-6)
Sec. 4-6.
Carburetor arrestors.
Carburetors on all engines of motorboats other than those propelled by a
detachable outboard motor shall be fitted with or protected by a U. S.
Coast Guard approved device for arresting backfire.
(Source: P.A. 82-783.)
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(625 ILCS 45/4-7) (from Ch. 95 1/2, par. 314-7)
Sec. 4-7.
Ventilators.
Except for open boats, all motorboats which use fuel having a flashpoint
of 110 degrees Fahrenheit or less shall have at least 2 ventilator ducts,
fitted with cowls or their equivalent, for the efficient removal of
explosive or flammable gases from the bilges of every engine and fuel tank
compartment. There shall be at least one exhaust duct installed so as to
extend from the open atmosphere to the lower portion of the bilge and at
least one intake duct installed so as to extend to a point at least midway
to the bilge or at least below the level of the carburetor air intake. The
cowls shall be located and trimmed for maximum effectiveness and in such a
manner so as to prevent displaced fumes from being recirculated.
(Source: P.A. 82-783.)
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(625 ILCS 45/4-8) (from Ch. 95 1/2, par. 314-8)
Sec. 4-8.
Sirens and flashing lights.
(a) Except as provided in this Section, it shall be unlawful for any person
to use a watercraft equipped with a siren or any red or blue oscillating,
rotating, or flashing light. The use of a siren or light in violation of this
Section shall constitute a public nuisance subject to confiscation and disposal
as determined by a court of competent jurisdiction.
(b) Any authorized emergency watercraft described in subsection (c) or (d)
may be equipped with a siren, but the siren shall not be used except when the
watercraft is operating in response to an emergency call or in the immediate
pursuit of an actual or suspected violator of the law.
(c) The use of blue oscillating, rotating, or flashing lights, whether
lighted or unlighted, is prohibited except on law enforcement watercraft of
State, federal, or local authorities.
(d) The use of red oscillating, rotating, or flashing lights, whether
lighted or unlighted, is prohibited except on fire, rescue, or other emergency
watercraft as authorized by State, federal, or local authorities having
jurisdiction, provided the watercraft are clearly identifiable as such; the
lights shall not be lighted except when responding to an emergency call or
while actually engaged in a hazardous situation.
(e) The use of any other color of oscillating, rotating, or flashing lights,
whether lighted or unlighted, is prohibited except as authorized by the
Department.
(Source: P.A. 88-524.)
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(625 ILCS 45/4-9) (from Ch. 95 1/2, par. 314-9)
Sec. 4-9.
Sealing of marine heads.
No marine head (toilet) on any watercraft
used upon waters of this State may be so constructed and operated as to permit
the discharge of any sewage into the waters directly or indirectly.
(Source: P.A. 88-524.)
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(625 ILCS 45/4-10) (from Ch. 95 1/2, par. 314-10)
Sec. 4-10.
Battery Covers.
Every motorboat equipped with storage batteries shall be provided with
suitable supports and secured against shifting with the motion of the boat.
Such storage batteries shall be equipped with non-conductive shielding
means to prevent accidental shorting of battery terminals.
(Source: P.A. 82-783.)
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(625 ILCS 45/4-11) (from Ch. 95 1/2, par. 314-11)
Sec. 4-11. Engine cut-off switch. (a) As used in this Section: "Engine cut-off switch link" means the lanyard or wireless cut-off device used to attach the motorboat operator to the engine cut-off switch installed on the motorboat. "Engine cut-off switch" means an operational emergency cut-off engine stop switch installed on a motorboat that attaches to a motorboat operator by an engine cut-off switch link. (b) No person may operate any motor
boat, including personal watercraft or specialty prop-craft,
equipped with an engine cut-off switch while the engine is running and the motorboat is underway without verifying that the engine cut-off switch is operational and fully-functional and: (1) the engine cut-off switch link is properly | ||
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(2) activating the wireless cut-off system.
(Source: P.A. 96-1033, eff. 7-14-10.)
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(625 ILCS 45/4-12)
Sec. 4-12.
Visual distress signals.
It is unlawful to operate any watercraft
on the waters of Lake Michigan without having onboard visual distress signals
as required and approved by the U.S. Coast Guard, so placed as to be readily
accessible and in such condition as to be ready for immediate and effective
use.
(Source: P.A. 88-524.)
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(625 ILCS 45/Art. V heading) ARTICLE V.
OPERATION OF MOTORBOATS
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(625 ILCS 45/5-1) (from Ch. 95 1/2, par. 315-1)
Sec. 5-1.
Careless operation.
No person shall operate any watercraft in a careless or heedless manner
so as to endanger any person or property
or at a rate of speed greater than will permit him in the exercise of
reasonable care to bring the watercraft to a stop within
the assured clear distance ahead.
(Source: P.A. 85-149.)
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(625 ILCS 45/5-2) (from Ch. 95 1/2, par. 315-2)
Sec. 5-2. Reckless operation.
(a) No person shall operate any watercraft,
specialty prop-craft, personal watercraft or manipulate any water skis,
aquaplane, or similar device in such a manner as to willfully or wantonly
endanger the life, limb or property of any person, to weave through
congested traffic, to jump the wake of another vessel unreasonably or
unnecessarily close to the other vessel or when visibility around the other
vessel is obstructed, to wait until the last possible moment to swerve to
avoid collision, or operate any watercraft so as to approach or pass
another watercraft in such a manner or at such a rate of speed as to create
a hazardous wake or wash.
(b) A person convicted of committing a violation of this Section shall be
guilty of aggravated reckless operation of a watercraft if the violation of
this Section resulted in great bodily harm or permanent disability or
disfigurement of another, when the violation was a proximate cause of the
injuries.
(Source: P.A. 93-782, eff. 1-1-05.)
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(625 ILCS 45/5-3) (from Ch. 95 1/2, par. 315-3)
Sec. 5-3. Interference with navigation. (a) No person shall operate any watercraft in a manner which unreasonably or
unnecessarily interferes with other watercraft or with the free and proper
navigation of the waterways of the State.
(b) A vessel engaged in fishing shall not impede the passage of any other vessel navigating within a narrow channel or canal. (c) A vessel nearing a bend or an area of a narrow channel or canal where other vessels may be obscured by an intervening obstruction shall navigate with alertness and caution and shall sound the appropriate audible signal as required by the Inland Rules as written by the United States Coast Guard and this Act. (d) A vessel shall avoid anchoring in a narrow channel, under bridges, or in heavily traveled channels or canals, if unreasonable under the prevailing circumstances. (Source: P.A. 102-595, eff. 6-1-22.)
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(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, | ||
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(2) A capacity plate shall bear the following | ||
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a. For all vessels designed for or represented by | ||
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1. The total weight of persons, motor, gear | ||
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2. The recommended number of persons | ||
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3. Clear notice that the information | ||
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4. The maximum horsepower of the motor the | ||
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b. For all other vessels to which this Section | ||
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1. The total weight of persons, gear and | ||
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2. The recommended number of persons | ||
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3. Clear notice that the information | ||
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(3) The information relating to maximum capacity | ||
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(4) Any vessel to which this Section applies, not | ||
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(5) The information appearing on a capacity plate | ||
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(6) If any vessel required by this Section to have a | ||
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(7) The Department may by rules or regulations exempt | ||
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(8) The Department is authorized to issue and amend | ||
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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. 98-102, eff. 7-22-13.)
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(625 ILCS 45/5-5) (from Ch. 95 1/2, par. 315-5)
Sec. 5-5.
Incapacity of operator.
The owner of any motorboat or any person having such in charge or in
control shall not authorize or knowingly permit the same to be operated by
any person who by reason of physical or mental disability is incapable of
operating such motorboat under the prevailing circumstances.
(Source: P.A. 82-783.)
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(625 ILCS 45/5-6) (from Ch. 95 1/2, par. 315-6)
Sec. 5-6.
Overpowering.
No motorboat shall be equipped with any motor or other propulsion
machinery beyond its safe power capacity taking into consideration the type
and construction of such motorboat and other existing operating conditions.
(Source: P.A. 82-783.)
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(625 ILCS 45/5-7) (from Ch. 95 1/2, par. 315-7)
Sec. 5-7.
Restricted areas.
No person shall operate a watercraft
within a water area that has been clearly marked by buoys or some other
distinguishing device as a bathing, fishing, swimming or otherwise
restricted area by the Department or a political subdivision of the State
or by an owner or lessee of property in accordance with his or her rights
to the use of the property, except in the manner prescribed by the buoys or
other distinguishing devices. This Section shall not apply in the case of
an emergency, or to patrol or rescue craft.
No person shall operate a watercraft within 150 feet of a public
launching ramp owned, operated or maintained by the Department or a
political subdivision of the State at greater than a "No Wake" speed as
defined in Section 5-12 of this Act. Posting of the areas
by the Department or a political subdivision of the State is not required.
The Department and other political subdivisions of the State may, within
their discretion and after issuing an administrative rule in accordance
with the Illinois Administrative Procedure Act, designate certain areas by
proper signs to be bathing, fishing, swimming or otherwise restricted
areas, or eliminate, alter or otherwise modify existing areas. The Department
or a political subdivision of the State shall further have the authority in
order to fully carry out the provisions of this Act to place signs, beacons
and buoys in designated areas controlling the flow of traffic.
It shall be unlawful for any person to deface, move, obliterate, tear
down, or destroy, in whole or in part, or attempt to deface, move,
obliterate, tear down or destroy any buoys or signs posted pursuant to
the provisions of this Act, except as authorized by the Department.
(Source: P.A. 92-651, eff. 7-11-02.)
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(625 ILCS 45/5-12) (from Ch. 95 1/2, par. 315-7.5)
Sec. 5-12.
A wake is defined as a movement of the water created by a
boat underway great enough to disturb a boat at rest, but under no
circumstances shall a boat underway exceed 5 miles per hour while in a
posted "No Wake" area. "No Wake" areas shall be clearly posted with buoys
or appropriate signs except as provided in Section 5-7 of this Act. All buoys
or signs posting "No Wake" areas shall meet the specifications as prescribed
by the United States Coast Guard or the Illinois Department of Natural
Resources.
(Source: P.A. 89-445, eff. 2-7-96.)
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(625 ILCS 45/5-13) (from Ch. 95 1/2, par. 315-8)
Sec. 5-13. Traffic rules. A. The area straight ahead of a vessel to the point that is 22.5 degrees beyond the middle of the vessel on the starboard side of the watercraft shall be designated the danger zone. An operator of a watercraft shall yield the right-of-way to any other watercraft occupying or entering into the danger zone that may result in collision.
A-5. Head-on situation. (1) If 2 power-driven vessels are meeting head-on | ||
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(2) A vessel proceeding along the course of a | ||
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(3) A power-driven vessel operating in narrow | ||
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B. Crossing. As used in this Section, "crossing" means 2 or more watercraft traveling in directions that would have the path of travel of the watercraft intersect each other.
(1) If 2 power-driven vessels are crossing so as to | ||
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(2) A power-driven vessel crossing a river shall | ||
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(3) A vessel may not cross a narrow channel or | ||
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C. Overtaking.
(1) A vessel overtaking any other shall give way to | ||
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(2) If a vessel operator is in doubt as to whether he | ||
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(3) Any subsequent alteration of the bearing between | ||
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(4) When overtaking in a narrow channel or canal, the | ||
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(a) one short blast from the horn signifies a | ||
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(b) 2 short blasts from the horn signify a | ||
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(5) The operator of the power-driven vessel being | ||
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(a) acknowledge the request by sounding the same | ||
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(b) sound 5 short blasts from the horn to | ||
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No response from the overtaken vessel shall be | ||
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D. Sailing vessels. (1) The operator of a power-driven vessel shall yield | ||
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(2) If 2 sailing vessels are approaching one another, | ||
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(a) If each has the wind on a different side, | ||
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(b) If both have the wind on the same side, the | ||
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(c) If a vessel with the wind on the port side | ||
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(Source: P.A. 102-595, eff. 6-1-22.)
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(625 ILCS 45/5-14) (from Ch. 95 1/2, par. 315-9)
Sec. 5-14. Towing of persons.
A. No person may operate a motorboat that has in tow or is
otherwise
assisting a person on water skis, an aquaplane, or a similar
contrivance in or
upon any waterway, unless the motorboat has a capacity of at
least 3 persons and is occupied by at least 2
competent persons.
B. No person may operate a motorboat having in tow or otherwise be
assisting a person on water skis, aquaplane or similar contrivance from the
period of one-half hour after sunset to one-half hour before sunrise. This
paragraph B does not apply to motorboats used in duly authorized water ski
tournaments, competitions, exhibitions or trials therefor where adequate
lighting is provided.
C. All persons operating a motorboat having in tow or otherwise
assisting a person on water skis, aquaplane or similar contrivance, must be
careful and prudent in their operation and keep at a reasonable distance
from persons and property so as not to endanger the life or property of any
person.
D. No person may operate or manipulate any vessel, tow rope or other
device by which the direction or location of water skis, aquaplane, or
similar device may be affected or controlled in such a way as to cause the
water skis, aquaplane, or similar device, or any persons thereon to collide
with or strike against any person or object, except ski jumps, buoys and
like objects normally used in competitive or recreational skiing.
E. The operator of any watercraft that is towing a person or persons shall display on the watercraft a bright or brilliant orange flag measuring not less than 12 inches per side. The flag shall be displayed at the highest point of the area surrounding the boat's helm as to be visible from all directions, continuously, while the person or persons being towed depart the boat in preparation for towing and until reentry into the boat when the activity has ceased. Display of the flag for purposes other than the activity described in this Section is prohibited. (Source: P.A. 98-697, eff. 1-1-15.)
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(625 ILCS 45/5-15) (from Ch. 95 1/2, par. 315-10)
Sec. 5-15.
Regattas and races.
A. The Department may authorize the holding of regattas, motorboat or
other boat races on any waters of this State. It shall adopt and may, from
time to time, amend regulations concerning the safety of motorboats and
other vessels and persons thereon, either observers or participants.
Whenever a regatta, motorboat or other boat race is proposed to be held,
the person in charge thereof, shall, at least 30 days prior thereto, file
an application with the Department for permission to hold such regatta,
motorboat or other boat race. The application shall set forth the date,
time and location where it is proposed to hold such regatta, motorboat or
other boat race and it shall not be conducted without authorization of the
Department in writing.
B. When a regatta, motorboat or other boat race authorized or proposed to
be authorized under subsection A of this Section is to be held on a body of
water owned and operated by a unit of local government, the unit of local
government may schedule those events, but only after adopting an ordinance
providing for such scheduling and filing it with the Department.
C. The provisions of this Section do not exempt any person from
compliance with applicable Federal law or regulation, but nothing contained
herein may be construed to require the securing of a State permit pursuant
to this Section if a permit therefor has been obtained from an authorized
agency of the United States.
(Source: P.A. 84-559.)
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(625 ILCS 45/5-16)
Sec. 5-16. Operating a watercraft under the influence of alcohol,
other drug or drugs, intoxicating compound or compounds, or combination
thereof.
(A) 1. A person shall not operate or be in actual physical control of
any
watercraft within this State while:
(a) The alcohol concentration in such person's blood, | ||
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(b) Under the influence of alcohol;
(c) Under the influence of any other drug or | ||
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(c-1) Under the influence of any intoxicating | ||
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(d) Under the combined influence of alcohol and any | ||
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(d-3) The person who is not a CDL holder has a | ||
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(d-5) The person who is a CDL holder has any amount | ||
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(e) There is any amount of a drug, substance, or | ||
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2. The fact that any person charged with violating this Section is or
has been legally entitled to use alcohol, other drug or drugs, any
intoxicating compound or compounds, or any combination of
them, shall not constitute a defense against any charge of
violating this
Section.
3. Every person convicted of violating this Section shall be guilty of a
Class A misdemeanor, except as otherwise provided in this Section.
4. Every person convicted of violating this Section shall be guilty of a
Class 4 felony if:
(a) He or she has a previous conviction under this | ||
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(b) The offense results in personal injury where a | ||
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(c) The offense occurred during a period in which his | ||
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5. Every person convicted of violating this Section shall be
guilty of a Class 2 felony if the offense results in the death of a
person.
A person guilty of a Class 2 felony under this paragraph 5, if sentenced to a
term of imprisonment, shall be sentenced to a term of not less than 3 years
and not more than 14 years.
5.1. A person convicted of violating this Section or a similar
provision
of a
local
ordinance who had a child under the age of 16 aboard the watercraft at the
time of offense is
subject to a mandatory minimum fine of $500 and to a mandatory minimum of 5
days of
community service in a program benefiting children. The assignment under this
paragraph 5.1 is
not subject to suspension and the person is not eligible for probation in order
to reduce the
assignment.
5.2. A person found guilty of violating this Section, if his or her
operation
of a watercraft
while in violation of this Section proximately caused any incident resulting in
an appropriate
emergency response, is liable for the expense of an emergency response as
provided in subsection (m) of Section 11-501 of the Illinois Vehicle Code.
5.3. In addition to any other penalties and liabilities, a person who is
found
guilty of
violating this Section, including any person placed on court supervision,
shall be fined $100,
payable to the circuit clerk, who shall distribute the money to the law
enforcement agency that
made the arrest or as provided in subsection (c) of Section 10-5 of the Criminal and Traffic Assessment Act if the arresting agency is a State agency, unless more than one agency is responsible for the arrest, in which case the amount shall be remitted to each unit of government equally. Any moneys received by a law enforcement agency under
this
paragraph 5.3 shall be used to purchase law enforcement equipment or to provide
law
enforcement training that will assist in the prevention of alcohol related
criminal violence
throughout the State. Law enforcement equipment shall include, but is not
limited to, in-car
video cameras, radar and laser speed detection devices, and alcohol breath
testers.
6. (a) In addition to any criminal penalties imposed, the Department of
Natural Resources shall suspend the watercraft operation privileges of any
person
convicted or found guilty of a misdemeanor under this Section, a similar provision of a local ordinance, or Title 46 of the U.S. Code of Federal Regulations for a period
of one year, except that a first time offender is exempt from this mandatory
one year suspension.
As used in this subdivision (A)6(a), "first time offender" means any person who has not had a previous conviction or been assigned supervision for violating this Section, a similar provision of a local ordinance or, Title 46 of the U.S. Code of Federal Regulations, or any person who has not had a suspension imposed under subdivision (B)3.1 of Section 5-16.
(b) In addition to any criminal penalties imposed, the Department of
Natural Resources shall suspend the watercraft operation privileges of any
person
convicted of a felony under this Section, a similar provision of a local ordinance, or Title 46 of the U.S. Code of Federal Regulations for a period of 3 years.
(B) 1. Any person who operates or is in actual physical control of any
watercraft upon the waters of this
State shall be deemed to have given consent to a chemical test or tests of
blood, breath, other bodily substance, or urine for the purpose of determining the content of
alcohol, other
drug or drugs, intoxicating compound or compounds, or combination thereof
in the person's blood or other bodily substance if arrested for
any offense of subsection (A) above. The chemical test or tests shall be
administered at
the direction of the arresting officer.
The law enforcement agency employing the
officer shall designate which of the tests shall be administered. Up to 2 additional tests of
urine or other bodily substance may be
administered even after a blood or breath test or both has been administered.
1.1. For the purposes of this Section, an Illinois Law Enforcement
officer of
this
State who is investigating the person for any offense defined in Section 5-16
may travel
into an adjoining state, where the person has been transported for medical care
to
complete an investigation, and may request that the person submit to the test
or
tests set
forth in this Section. The requirements of this Section that the person be
arrested are
inapplicable, but the officer shall issue the person a uniform citation for an
offense as
defined in Section 5-16 or a similar provision of a local ordinance prior to
requesting that
the person submit to the test or tests. The issuance of the uniform citation
shall not
constitute an arrest, but shall be for the purpose of notifying the person that
he or she is
subject to the provisions of this Section and of the officer's belief in the
existence of
probable cause to arrest. Upon returning to this State, the officer shall file
the uniform
citation with the circuit clerk of the county where the offense was committed
and shall
seek the issuance of an arrest warrant or a summons for the person.
1.2. Notwithstanding any ability to refuse under this Act to submit to
these
tests
or any ability to revoke the implied consent to these tests, if a law
enforcement officer
has probable cause to believe that a watercraft operated by or under actual
physical
control of a person under the influence of alcohol, other drug or drugs,
intoxicating
compound or compounds, or any combination of them has caused the death of or
personal
injury to another, that person shall submit, upon the request of a law
enforcement officer,
to a chemical test or tests of his or her blood, breath, other bodily substance, or urine for the
purpose of
determining the alcohol content or the presence of any other drug, intoxicating
compound, or
combination
of them. For the purposes of this Section, a personal injury includes severe
bleeding
wounds, distorted extremities, and injuries that require the injured party to
be carried
from the scene for immediate professional attention in either a doctor's office
or a
medical facility.
2. Any person who is dead, unconscious or who is otherwise in a condition
rendering such person incapable of refusal, shall be deemed not to have
withdrawn the consent provided above, and the test may be administered.
3. A person requested to submit to a chemical test as provided above
shall be
verbally advised by the law enforcement officer requesting the test that a
refusal to submit to the test will result in suspension of such person's
privilege to operate a watercraft for a minimum of 2 years. Following this
warning, if a person
under arrest refuses upon the request of a law enforcement officer to
submit to a test designated by the officer, no test
shall be given, but the law enforcement officer shall file with the clerk
of the circuit court for the county in which the arrest was made, and with
the Department of Natural Resources, a sworn
statement naming the person refusing to take and complete the chemical test
or tests
requested under the provisions of this Section. Such sworn statement shall
identify the arrested person, such person's current residence address and
shall specify that a refusal by such person to take the chemical test or
tests was
made. Such sworn statement shall include a statement that the arresting
officer had reasonable cause to believe the person was operating or was in
actual physical control of the
watercraft within this State while under the influence of alcohol, other
drug or drugs, intoxicating compound or compounds, or combination thereof
and that such
chemical test or tests were made as an
incident to and following the lawful arrest for an offense as defined in
this Section or a similar provision of a local ordinance, and that the
person after being arrested for an offense arising out of acts alleged to
have been committed while so operating a watercraft refused to submit to
and complete a chemical test or tests as requested by the law enforcement
officer.
3.1. The law enforcement officer submitting the sworn statement as
provided in
paragraph 3 of this subsection (B) shall serve immediate written notice upon
the
person refusing the chemical test or tests that the person's privilege to
operate a
watercraft within this State will be suspended for a period of 2 years unless,
within 28 days from the date of the notice, the person requests in writing a
hearing
on the suspension.
If the person desires a hearing, such person
shall file a complaint in the circuit court for and in the county in which
such person was arrested for such hearing. Such hearing shall proceed in
the court in the same manner as other civil proceedings, shall cover only
the issues of whether the person was placed under arrest for an offense as
defined in this Section or a similar provision of a local ordinance as
evidenced by the issuance of a uniform citation; whether the arresting
officer had reasonable grounds to believe that such person was operating a
watercraft while under the influence of alcohol, other drug or drugs,
intoxicating compound or compounds, or combination
thereof; and whether such person refused to submit and complete the
chemical test or
tests upon the request of the law enforcement officer. Whether the person
was informed that such person's privilege to operate a watercraft would be
suspended if such person refused to submit to the chemical test or tests
shall not be an
issue.
If the person fails to request in writing a hearing within 28 days from
the date of notice, or if a hearing is held and the court finds against the
person on the issues before the court, the
clerk shall immediately notify the Department of Natural Resources, and the Department shall suspend the watercraft operation
privileges of the person for at least 2 years.
3.2. If the person is a CDL holder and submits to a test that discloses an alcohol
concentration
of 0.08
or more, or any amount of a drug, substance or intoxicating compound in the
person's
breath, blood, other bodily substance, or urine resulting from the unlawful use of cannabis listed in
the Cannabis
Control Act, a controlled substance listed in the Illinois Controlled
Substances Act, methamphetamine as listed in the Methamphetamine Control and Community Protection Act, or an
intoxicating compound listed in the Use of Intoxicating Compounds Act, the law
enforcement officer shall immediately submit a sworn report to the circuit
clerk of venue
and the Department of Natural Resources, certifying that the test or tests were
requested
under paragraph 1 of this subsection (B) and the person submitted to testing
that
disclosed an alcohol concentration of 0.08 or more or any amount of a drug, substance or intoxicating compound in the
person's
breath, blood, other bodily substance, or urine resulting from the unlawful use of cannabis listed in the Cannabis Control Act, a controlled substance listed in the Illinois Controlled
Substances Act, methamphetamine as listed in the Methamphetamine Control and Community Protection Act, or an
intoxicating compound listed in the Use of Intoxicating Compounds Act. If the person is not a CDL holder and submits to a test that discloses an alcohol
concentration
of 0.08
or more, a tetrahydrocannabinol concentration in the person's whole blood or other bodily substance as defined in paragraph 6 of subsection (a) of Section 11-501.2 of the Illinois Vehicle Code, or any amount of a drug, substance or intoxicating compound in the
person's
breath, blood, other bodily substance, or urine resulting from the unlawful use of a controlled substance listed in the Illinois Controlled
Substances Act, methamphetamine as listed in the Methamphetamine Control and Community Protection Act, or an
intoxicating compound listed in the Use of Intoxicating Compounds Act, the law
enforcement officer shall immediately submit a sworn report to the circuit
clerk of venue
and the Department of Natural Resources, certifying that the test or tests were
requested
under paragraph 1 of this subsection (B) and the person submitted to testing
that
disclosed an alcohol concentration of 0.08 or more, a tetrahydrocannabinol concentration in the person's whole blood or other bodily substance as defined in paragraph 6 of subsection (a) of Section 11-501.2 of the Illinois Vehicle Code, or any amount of a drug, substance or intoxicating compound in the
person's
breath, blood, other bodily substance, or urine resulting from the unlawful use of a controlled substance listed in the Illinois Controlled
Substances Act, methamphetamine as listed in the Methamphetamine Control and Community Protection Act, or an
intoxicating compound listed in the Use of Intoxicating Compounds Act.
In cases involving a person who is a CDL holder where the blood alcohol concentration of 0.08 or greater or any
amount of
drug, substance or compound resulting from the unlawful use of cannabis, a
controlled
substance, methamphetamine, or an intoxicating compound is established by a subsequent analysis
of blood, other bodily substance, or urine collected at the time of arrest, the arresting officer or arresting
agency shall
immediately submit a sworn report to the circuit clerk of venue and the
Department of
Natural Resources upon receipt of the test results. In cases involving a person who is not a CDL holder where the blood alcohol concentration of 0.08 or greater, a tetrahydrocannabinol concentration in the person's whole blood or other bodily substance as defined in paragraph 6 of subsection (a) of Section 11-501.2 of the Illinois Vehicle Code, or any
amount of drug, substance, or compound resulting from the unlawful use of
a controlled substance, methamphetamine, or an intoxicating compound is established by
a subsequent analysis of blood, other bodily substance, or urine collected at the time of arrest, the
arresting officer or arresting agency shall immediately submit a sworn report
to the circuit clerk of venue and the Department of Natural Resources upon
receipt of the test results.
4. A person must submit to each chemical test offered by the law
enforcement
officer
in order to comply with the implied consent provisions of this Section.
5. The provisions of Section 11-501.2 of the Illinois Vehicle Code, as
amended, concerning the certification and use of chemical tests apply to the
use of such tests under this Section.
(C) Upon the trial of any civil or criminal action or proceeding arising out
of acts alleged to have been committed by any person while operating a
watercraft while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or combination
thereof, the concentration of alcohol, drug, or compound in the person's blood, other bodily substance, or breath at the time alleged as shown by analysis of a
person's blood, urine, breath, or other bodily substance shall give rise to the
presumptions specified in subdivisions 1, 2, and 3 of
subsection (b) and subsection (b-5) of Section 11-501.2 of the Illinois Vehicle Code. The foregoing
provisions of this subsection (C) shall not be
construed
as limiting the introduction of any other relevant evidence bearing upon the
question whether the person was under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or a combination thereof.
(D) If a person under arrest refuses to submit to a chemical test under
the provisions of this Section, evidence of refusal shall be admissible in
any civil or criminal action or proceeding arising out of acts alleged to
have been committed while the person under the influence of alcohol,
other drug or drugs, intoxicating compound or compounds, or combination
of them was operating a watercraft.
(E) The owner of any watercraft or any person given supervisory
authority over a watercraft, may not knowingly permit a watercraft to be
operated by any person under the influence of alcohol, other drug or drugs,
intoxicating compound or compounds, or
combination thereof.
(F) Whenever any person is convicted or found guilty of a violation of
this
Section, including any person placed on court supervision, the court shall
notify the Office of Law Enforcement of the
Department of Natural Resources, to provide the Department with the records
essential for the performance of the Department's duties to monitor and enforce
any order of suspension or revocation concerning the privilege to operate a
watercraft.
(G) No person who has been arrested and charged for violating paragraph 1 of
subsection (A) of this Section shall operate any watercraft within this State
for a period of 24 hours after such arrest.
(Source: P.A. 102-145, eff. 7-23-21.)
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(625 ILCS 45/5-16a) (from Ch. 95 1/2, par. 315-11a)
Sec. 5-16a. Admissibility of chemical tests of blood, other bodily substance, or urine conducted in the regular course of providing emergency medical
treatment.
(a) Notwithstanding any other provision of law, the written results of
blood, other bodily substance, or urine alcohol and drug tests conducted upon persons receiving medical treatment in a
hospital emergency room are admissible in evidence as a business record
exception to the hearsay rule only in prosecutions for any violation of
Section 5-16 of this Act or a similar provision of a local
ordinance or in prosecutions for reckless homicide brought under the Criminal
Code of 1961 or the Criminal Code of 2012, when:
(1) the chemical tests performed upon an individual's | ||
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(2) the chemical tests performed upon an individual's | ||
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Results of
chemical tests performed upon an individual's blood, other bodily substance, or urine are admissible into
evidence regardless of the time that the records were prepared.
(b) The confidentiality provisions of law pertaining to medical records
and medical treatment shall not be applicable with regard to chemical
tests performed upon an individual's blood, other bodily substance, or urine under the provisions of
this Section in prosecutions as
specified in subsection (a) of this Section. No person shall be liable for
civil damages as a result of the evidentiary use of the results of chemical
testing of an individual's blood, other bodily substance, or urine under this Section or as a result of that person's testimony made
available under this Section.
(Source: P.A. 99-697, eff. 7-29-16.)
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(625 ILCS 45/5-16a.1)
Sec. 5-16a.1. Reporting of test results of blood, other bodily substance, or urine conducted in the
regular course of
providing emergency medical treatment.
(a) Notwithstanding any other provision of law, the results of blood, other bodily substance, or
urine
tests
performed for the purpose of determining the content of alcohol, other drug or
drugs, intoxicating compound or compounds, or any combination of them in an
individual's blood, other bodily substance, or
urine, conducted upon persons receiving medical treatment in a hospital
emergency room for
injuries resulting from a boating accident, shall be disclosed to the
Department
of Natural
Resources or local law enforcement agencies of jurisdiction, upon request. The
blood, other bodily substance, or urine
tests are admissible in evidence as a business record exception to the hearsay
rule only in
prosecutions for violations of Section 5-16 of this Code or a similar provision
of a local
ordinance, or in prosecutions for reckless homicide brought under the Criminal
Code of 1961 or the Criminal Code of 2012.
(b) The confidentiality provisions of the law pertaining to medical records
and medical
treatment shall not be applicable with regard to tests performed upon an
individual's blood, other bodily substance, or
urine under the provisions of subsection (a) of this Section. No person is
liable for civil damages
or professional discipline as a result of disclosure or reporting of the tests
or the evidentiary use
of an individual's blood, other bodily substance, or urine test results under this Section or
Section 5-16a, or as a
result of that person's testimony made available under this Section or Section
5-16a, except for
willful or wanton misconduct.
(Source: P.A. 99-697, eff. 7-29-16.)
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(625 ILCS 45/5-16b) (from Ch. 95 1/2, par. 315-11b)
Sec. 5-16b. Preliminary breath screening test. If a law
enforcement officer has reasonable suspicion to believe
that a person is violating or
has violated Section 5-16 or a similar provision of a local
ordinance, the officer, prior to an arrest, may request the
person to provide a
sample of his or her breath for a preliminary breath screening test using a
portable device approved by the Illinois State Police. The results of
this preliminary breath screening test may be used by the law enforcement
officer for the purpose of assisting with the determination of whether to
require a chemical test as authorized under Section 5-16 and the
appropriate type of test to request. Any chemical test authorized under
Section 5-16 may be requested by the officer regardless of the
result of the preliminary breath screening test if probable cause for an arrest
exists. The result of a preliminary breath screening test may be used by the
defendant as evidence in any administrative or court proceeding
involving a violation of Section 5-16.
(Source: P.A. 102-538, eff. 8-20-21.)
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(625 ILCS 45/5-16c) Sec. 5-16c. Operator involvement in personal injury or fatal boating accident; chemical tests. (a) Any person who operates or is in actual physical control of a motorboat within this State and who has been involved in a personal injury or fatal boating accident shall be deemed to have given consent to a breath test using a portable device as approved by the Illinois State Police or to a chemical test or tests of blood, breath, other bodily substance, or urine for the purpose of determining the content of alcohol, other drug or drugs, or intoxicating compound or compounds of the person's blood if arrested as evidenced by the issuance of a uniform citation for a violation of the Boat Registration and Safety Act or a similar provision of a local ordinance, with the exception of equipment violations contained in Article IV of this Act or similar provisions of local ordinances. The test or tests shall be administered at the direction of the arresting officer. The law enforcement agency employing the officer shall designate which of the aforesaid tests shall be administered. Up to 2 additional tests of urine or other bodily substance may be administered even after a blood or breath test or both has been administered. Compliance with this Section does not relieve the person from the requirements of any other Section of this Act. (b) Any person who is dead, unconscious, or who is otherwise in a
condition rendering that person incapable of refusal shall be deemed not to
have withdrawn the consent provided by subsection (a) of this Section. In
addition, if an operator of a motorboat is receiving medical treatment as a
result of a boating accident, any physician licensed to practice
medicine, licensed physician assistant, licensed advanced practice registered nurse, registered nurse, or a phlebotomist acting under the direction of
a licensed physician shall withdraw blood for testing purposes to ascertain
the presence of alcohol, other drug or drugs, or intoxicating
compound or compounds, upon the specific request of a law
enforcement officer. However, this testing shall not be performed until, in
the opinion of the medical personnel on scene, the withdrawal can be made
without interfering with or endangering the well-being of the patient. (c) A person who is a CDL holder requested to submit to a test under subsection (a) of this Section shall be
warned by the law enforcement officer requesting the test that a refusal to
submit to the test, or submission to the test resulting in an alcohol
concentration of 0.08 or more, or any amount of a drug, substance,
or intoxicating compound
resulting from the unlawful use or consumption of cannabis listed in the
Cannabis Control Act, a controlled substance listed in the Illinois
Controlled Substances Act, an intoxicating compound listed in the Use of
Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act as detected in the person's blood, other bodily substance, or urine, may
result in the suspension of the person's privilege to operate a motor vehicle and may result in the disqualification of the person's privilege to operate a commercial motor vehicle, as provided in Section 6-514 of the Illinois Vehicle Code. A person who is not a CDL holder requested to submit to a test under subsection (a) of this Section shall be
warned by the law enforcement officer requesting the test that a refusal to
submit to the test, or submission to the test resulting in an alcohol
concentration of 0.08 or more, a tetrahydrocannabinol concentration in the person's whole blood or other bodily substance as defined in paragraph 6 of subsection (a) of Section 11-501.2 of the Illinois Vehicle Code, or any amount of a drug, substance,
or intoxicating compound
resulting from the unlawful use or consumption of a controlled substance listed in the Illinois
Controlled Substances Act, an intoxicating compound listed in the Use of
Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act as detected in the person's blood, other bodily substance, or urine, may
result in the suspension of the person's privilege to operate a motor vehicle.
The length of the suspension shall be the same as outlined in Section
6-208.1 of the Illinois Vehicle Code regarding statutory summary suspensions. (d) If the person is a CDL holder and refuses testing or submits to a test which discloses
an alcohol concentration of 0.08 or more, or any amount of a drug,
substance,
or intoxicating compound in the person's blood, other bodily substance, or urine resulting from the
unlawful use or
consumption of cannabis listed in the Cannabis Control Act, a controlled
substance listed in the Illinois Controlled Substances Act, an
intoxicating
compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act, the law
enforcement officer shall immediately submit a sworn report to the Secretary of
State on a form prescribed by the Secretary of State, certifying that the test or tests
were requested under subsection (a) of this Section and the person refused to submit to a
test or tests or submitted to testing which disclosed an alcohol concentration
of 0.08 or more, or any amount of a drug, substance, or intoxicating
compound
in the
person's blood, other bodily substance, or urine, resulting from the unlawful use or consumption of
cannabis listed in the Cannabis Control Act, a controlled substance
listed in
the Illinois Controlled Substances Act,
an intoxicating compound listed in
the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act. If the person is not a CDL holder and refuses testing or submits to a test which discloses
an alcohol concentration of 0.08 or more, a tetrahydrocannabinol concentration in the person's whole blood or other bodily substance as defined in paragraph 6 of subsection (a) of Section 11-501.2 of the Illinois Vehicle Code, or any amount of a drug,
substance,
or intoxicating compound in the person's blood, other bodily substance, or urine resulting from the
unlawful use or
consumption of a controlled
substance listed in the Illinois Controlled Substances Act, an
intoxicating
compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act, the law
enforcement officer shall immediately submit a sworn report to the Secretary of
State on a form prescribed by the Secretary of State, certifying that the test or tests
were requested under subsection (a) of this Section and the person refused to submit to a
test or tests or submitted to testing which disclosed an alcohol concentration
of 0.08 or more, a tetrahydrocannabinol concentration in the person's whole blood or other bodily substance as defined in paragraph 6 of subsection (a) of Section 11-501.2 of the Illinois Vehicle Code, or any amount of a drug, substance, or intoxicating
compound
in the
person's blood or urine, resulting from the unlawful use or consumption of
a controlled substance
listed in
the Illinois Controlled Substances Act,
an intoxicating compound listed in
the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act. Upon receipt of the sworn report of a law enforcement officer, the
Secretary of State shall enter the suspension and disqualification to the person's driving record and the
suspension and disqualification shall be effective on the 46th day following the date notice of the
suspension was given to the person. The law enforcement officer submitting the sworn report shall serve immediate
notice of this suspension on the person and this suspension and disqualification shall be effective
on the 46th day following the date notice was given. In cases involving a person who is a CDL holder where the blood alcohol concentration of 0.08 or more,
or any amount
of a drug, substance, or intoxicating compound resulting from the unlawful
use or
consumption of cannabis listed in the Cannabis Control Act, a
controlled
substance listed in the Illinois Controlled Substances Act,
an
intoxicating
compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act, is established by a
subsequent analysis of blood, other bodily substance, or urine collected at the time of arrest, the
arresting officer shall give notice as provided in this Section or by deposit
in the United States mail of this notice in an envelope with postage prepaid
and addressed to the person at his or her address as shown on the uniform citation and the suspension and disqualification shall be effective on the 46th day following the date
notice was given. In cases involving a person who is not a CDL holder where the blood alcohol concentration of 0.08 or more, a tetrahydrocannabinol concentration in the person's whole blood or other bodily substance as defined in paragraph 6 of subsection (a) of Section 11-501.2 of the Illinois Vehicle Code,
or any amount
of a drug, substance, or intoxicating compound resulting from the unlawful
use or
consumption of a
controlled
substance listed in the Illinois Controlled Substances Act,
an
intoxicating
compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act, is established by a
subsequent analysis of blood, other bodily substance, or urine collected at the time of arrest, the
arresting officer shall give notice as provided in this Section or by deposit
in the United States mail of this notice in an envelope with postage prepaid
and addressed to the person at his or her address as shown on the uniform citation and the suspension shall be effective on the 46th day following the date
notice was given. Upon receipt of the sworn report of a law enforcement officer, the Secretary of State
shall also give notice of the suspension and disqualification to the person by mailing a notice of
the effective date of the suspension and disqualification to the person. However, should the
sworn report be defective by not containing sufficient information or be
completed in error, the notice of the suspension and disqualification shall not be mailed to the
person or entered to the driving record, but rather the sworn report shall be
returned to the issuing law enforcement agency. (e) A person may contest this suspension of his or her
driving privileges and disqualification of his or her CDL privileges by
requesting an administrative hearing with the Secretary of State in accordance with
Section 2-118 of the Illinois Vehicle Code. At the conclusion of a hearing held under
Section 2-118 of the Illinois Vehicle Code, the Secretary of State may rescind, continue, or modify the
orders
of suspension and disqualification. If the Secretary of State does not rescind the orders of suspension and disqualification, a restricted
driving permit may be granted by the Secretary of State upon application being made and
good cause shown. A restricted driving permit may be granted to relieve undue
hardship to allow driving for employment, educational, and medical purposes as
outlined in Section 6-206 of the Illinois Vehicle Code. The provisions of Section 6-206 of
the Illinois Vehicle Code shall apply. In accordance with 49 C.F.R. 384, the Secretary of State may not issue a restricted driving permit for the operation of a commercial motor vehicle to a person holding a CDL whose driving privileges have been suspended, revoked, cancelled, or disqualified. (f) For the purposes of this Section, a personal injury shall include
any type A injury as indicated on the accident report completed
by a law enforcement officer that requires immediate professional attention
in a doctor's office or a medical facility. A type A injury shall
include severely bleeding wounds, distorted extremities, and injuries that
require the injured party to be carried from the scene.
(Source: P.A. 102-538, eff. 8-20-21.) |
(625 ILCS 45/5-17) (from Ch. 95 1/2, par. 315-12)
Sec. 5-17.
The Department is authorized and empowered to
establish a system
of regulatory aids on the waters of the State in accordance with United
States Coast Guard specifications and as recommended by the Coast Guard as
a uniform waterway marking system.
(Source: P.A. 82-783.)
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(625 ILCS 45/5-18) (from Ch. 95 1/2, par. 315-13)
Sec. 5-18.
(a) Beginning on January 1, 2016, no person born on or after January 1, 1998, unless exempted by subsection (i), shall operate a motorboat with over 10 horse power unless that person has a valid Boating Safety Certificate issued by the Department of Natural Resources or an entity or organization recognized and approved by the Department. (b) No person under 10 years of age may operate a
motorboat. (c) Prior to January 1, 2016, persons at least 10 years of age and less than 12 years of age
may operate a motorboat with over 10 horse power only if they are accompanied on the motorboat and
under the direct control of a parent or guardian or a person at least 18
years of age designated by a parent or guardian. Beginning on January 1, 2016, persons at least 10 years of age and less than 12 years of age may operate a motorboat with over 10 horse power only if the person is under the direct on-board supervision of a parent or guardian who meets the requirements of subsection (a) or a person at least 18 years of age who meets the requirements of subsection (a) and is designated by a parent or guardian. (d) Prior to January 1, 2016, persons at least 12 years
of age and less than 18 years of age may operate a motorboat with over 10 horse power only if they
are accompanied on the motorboat and under the direct control of a parent
or guardian or a person at least 18 years of age designated by a parent or
guardian, or the motorboat operator is in possession of a Boating Safety
Certificate issued by the Department of Natural Resources,
Division of Law Enforcement, authorizing the holder to operate motorboats. Beginning on January 1, 2016, persons at least 12 years and less than 18 years of age may operate a motorboat with over 10 horse power only if the person meets the requirements of subsection (a) or is under the direct on-board supervision of a parent or guardian who meets the requirements of subsection (a) or a person at least 18 years of age who meets the requirements of subsection (a) and is designated by a parent or guardian.
(e) Beginning January 1, 2016, the owner of a motorboat or a person given supervisory authority over a motorboat shall not permit a motorboat with over 10 horse power to be operated by a person who does not meet the Boating Safety Certificate requirements of this Section. (f) Licensed boat liveries shall offer abbreviated operating and safety instruction covering core boat safety rules to all renters, unless the renter can demonstrate compliance with the Illinois Boating Safety Certificate requirements of this Section, or is exempt under subsection (i) of this Section. A person who completes abbreviated operating and safety instruction may operate a motorboat rented from the livery providing the abbreviated operating and safety instruction without having a Boating Safety Certificate for up to one year from the date of instruction. The Department shall adopt rules to implement this subsection. (g) Violations. (1) A person who is operating a motorboat with over | ||
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(2) A person who provides false or fictitious | ||
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(3) A person who loans or permits his or her Boating | ||
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(4) A violation of this Section done with the | ||
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(h) The Department of Natural Resources shall
establish a program of instruction on boating safety, laws, regulations and
administrative laws, and any other subject matter which might be related to
the subject of general boat safety. The program shall be conducted by
instructors certified by the Department of Natural Resources. The course of instruction for persons certified to teach
boating safety shall be not less than 8 hours in length, and the Department
shall have the authority to revoke the certification of any instructor who
has demonstrated his inability to conduct courses on the subject matter.
The Department of Natural Resources shall develop and provide a method for students to complete the program online. Students satisfactorily completing a program of not less than 8 hours in
length shall receive a certificate of safety from the Department of
Natural Resources. The
Department may cooperate
with schools, online vendors, private clubs and other organizations in offering boating
safety courses throughout the State of Illinois.
The Department shall issue certificates of boating safety to persons 10
years of age or older successfully completing the prescribed course
of instruction and passing such tests as may be prescribed by the Department.
The Department may charge each person who enrolls in a course of instruction
a fee not to exceed $5. If a fee is authorized by the Department, the
Department shall authorize instructors conducting such courses meeting
standards established by it to charge for the rental of facilities or for
the cost of materials utilized in the course. Fees retained by the
Department shall be utilized to defray a part of its expenses to operate
the safety and accident reporting programs of the Department.
(i) A Boating Safety Certificate is not required by: (1) a person who possesses a valid United States | ||
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(2) a person employed by the United States, this | ||
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(3) a person who is not a resident, is temporarily | ||
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(4) a person who is a resident of this State who has | ||
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(5) a person who has assumed operation of the | ||
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(6) a person who is registered as a commercial | ||
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(7) a person who is serving or has qualified as a | ||
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(8) a person who has assumed operation of the | ||
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(9) a person using only an electric motor to propel | ||
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(10) a person operating a motorboat on private | ||
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(11) a person over the age of 12 years who holds a | ||
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(12) a person who is temporarily using the waters | ||
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(j) The Department of Natural Resources shall adopt rules necessary to implement this Section. The Department of Natural Resources shall consult and coordinate with the boating public, professional organizations for recreational boating safety, and the boating retail, leasing, and dealer business community in the adoption of these rules.
(Source: P.A. 98-698, eff. 1-1-15; 99-78, eff. 7-20-15; 99-526, eff. 7-8-16.)
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(625 ILCS 45/5-19) (from Ch. 95 1/2, par. 315-14)
Sec. 5-19.
Skin diving.
(A) 1. No person may engage in underwater diving or swimming with the use
of swimming fins or skin diving in waters other than marked swimming areas
or within 150 feet of shoreline.
2. No person may engage in underwater diving or swimming with the use of
self-contained underwater breathing apparatus in waters other than marked
swimming areas, unless the location of such diving or swimming is
distinctly marked by a diver's flag, not less than 12 inches high and 15
inches long, displaying one diagonal white stripe 3 inches wide on a red
background, and of a height above the water so as to be clearly
apparent at
a distance of 100 yards under normal conditions, and so designed and
displayed as to be visible from any point on the horizon.
3. Except in case of emergency, anyone engaging in such diving or
swimming shall not rise to the surface outside of a radius of 50 feet
from such flag.
4. No person engaged in such diving or swimming shall interfere with the
operation of anyone fishing, nor engage in such diving or swimming in
established traffic lanes; nor shall any person acting alone, or with
another, intentionally or unintentionally block or obstruct any boat in any
manner from proceeding to its destination where a reasonable alternative is
unavailable. A reasonable alternative route is available when the
otherwise unobstructed boat can proceed to its destination without reducing
its lawful speed, by passing to the right or to the left of a marked diving
operation.
(B) An alternate flag recognized and approved by the United States Coast
Guard may be substituted for the flag required in subsection (A)2 of this
Section.
(C) No watercraft shall be operated within 150 feet of a diving flag
except for watercraft directly associated with that diving activity.
(Source: P.A. 90-655, eff. 7-30-98.)
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(625 ILCS 45/5-20)
Sec. 5-20.
Unlawful operation at night.
Beginning July 1,
1994, no person shall operate a personal watercraft or a specialty prop craft
between the hours of sunset and sunrise.
(Source: P.A. 88-524; 88-670, eff. 12-2-94.)
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(625 ILCS 45/5-21)
Sec. 5-21.
Passenger location.
No person operating a motorboat shall
allow a person in the motorboat to ride or sit on the gunwales, tops of seat
backs, or on the decking over the bow or stern of the motorboat while the
motorboat is underway, unless the person is inboard of guards or rails provided
on the motorboat to prevent passengers from being lost overboard.
Nothing in this Section shall be construed to prohibit entry upon the decking
over the bow or stern of the motorboat for the purpose of anchoring, mooring,
or casting off or some other necessary purpose nor to prohibit customary
practices
while lawfully engaged in commercial fishing under the provisions of the Fish
and Aquatic Life Code or hunting and trapping under the provisions of the
Wildlife Code.
The provisions of this Section shall not apply to the driver of the boat,
a person while fishing or to a person on private property.
(Source: P.A. 90-412, eff. 1-1-98.)
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(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 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 | ||
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(2) extend the period of an existing suspension by | ||
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(Source: P.A. 102-538, eff. 8-20-21.) |
(625 ILCS 45/5-23) Sec. 5-23. Transportation of aquatic plants and animals; placement of objects in navigable waters. (a) No person may place or operate a vehicle, seaplane, watercraft, or other object of any kind in waters of this State if it has any aquatic plants or aquatic animals attached to the exterior of the vehicle, seaplane, watercraft, or other object. This Section does not require a person to remove aquatic plants or aquatic animals from a vehicle, seaplane, watercraft, or other object during the period of time when the vehicle, seaplane, watercraft, or other object is being operated in the same navigable body of water in which the aquatic plants or aquatic animals became attached. (b) No person may take off with a seaplane, or transport or operate a vehicle, watercraft, or other object of any kind on a highway with aquatic plants or aquatic animals attached to the exterior of the seaplane, vehicle, watercraft, or other object. (c) A law enforcement officer who has reason to believe that a person is in violation of this Section may order the person to: (i) remove aquatic plants or aquatic animals from a | ||
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(ii) remove aquatic plants or aquatic animals from a | ||
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(iii) remove from, or not place in, a navigable | ||
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(iv) not take off with a seaplane, or transport or | ||
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(d)
No person may refuse to obey the order of a law enforcement officer acting under subsection (c) of this Section. (e) This Section does not prohibit a person from: (i) transporting or operating a vehicle, seaplane, | ||
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(ii) transporting or operating commercial aquatic | ||
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(f) The Department shall prepare a notice that contains a summary of the provisions under this Section and shall make copies of the notice available to persons required to post the notice under subsection (g) of this Section. (g) Each owner of a public boat access site shall post and maintain the notice described in subsection (f) of this Section. For purposes of this Section, a "public boat access site" means a site that provides access to a navigable water for boats and that is open to the general public for free or for a charge or that is open only to certain groups of persons for a charge.
(Source: P.A. 97-850, eff. 1-1-13.) |
(625 ILCS 45/Art. VI heading) ARTICLE VI.
ACCIDENT REPORTS - OPERATOR'S
RESPONSIBILITY - TRANSMITTAL OF INFORMATION
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(625 ILCS 45/6-1) (from Ch. 95 1/2, par. 316-1)
Sec. 6-1. Collisions, accidents, and casualties; reports.
A. The operator of a vessel involved in a collision, accident, or other
casualty, so far as he can without serious danger to his own vessel,
crew, passengers and guests, if any, shall render to other persons affected
by the collision, accident, or other casualty assistance as may be
practicable and as may be necessary in order to save them from or minimize
any danger caused by the collision, accident, or other casualty, and also
shall give his name, address, and identification of his vessel to any
person injured and to the owner of any property damaged in the collision,
accident, or other casualty.
If the collision, accident, or other casualty has resulted in the death of
or
personal injury to any person, failure to comply with this subsection A is a
Class A
misdemeanor.
A-1. Any person who has failed to stop or to comply with the
requirements of subsection A must, as soon as possible but in no case
later than one hour after
the collision, accident, or other casualty, or, if hospitalized and
incapacitated from reporting at any
time during that period, as soon as possible but in no case later than one
hour
after
being discharged from the
hospital, report the date, place, and approximate time
of the collision,
accident, or other casualty, the watercraft operator's name and address, the
identification number of the watercraft, if any, and the names of all other
occupants of the watercraft, at a police station or sheriff's office near the
location where the collision, accident, or other casualty occurred. A report
made as required under this subsection
A-1 may not be used, directly or indirectly, as a basis for the
prosecution of any violation of subsection A.
As used in this Section, personal injury means any injury requiring treatment beyond first aid.
Any person failing to comply with this subsection A-1 is
guilty
of
a Class 4 felony if the collision, accident, or other casualty
does not result in the death of any person.
Any person failing to comply with this subsection A-1
when the collision, accident, or other casualty results in the death of
any person is guilty of a Class 2
felony, for which the person, if
sentenced to a term of imprisonment, shall be sentenced to a term of not less
than 3 years and not more than 14 years.
B. In the case of collision, accident, or other casualty involving a
vessel, the operator, if the collision, accident, or other casualty
results in death or injury to a person or damage to property in excess of
$2000, or there is a complete loss of the vessel, shall file with the Department a full description of the collision,
accident, or other casualty, including information as the Department
may by regulation require. Reports
of
the accidents must be filed with
the Department on a Department Accident Report form within 5 days.
C. Reports of accidents resulting
in personal injury, where a person
sustains an injury requiring medical attention beyond first aid, must be filed with the
Department on a Department Accident Report form within 5 days.
Accidents
that result in loss of life shall be reported to the Department on a
Department form within 48 hours.
D. All required
accident reports and supplemental reports are without
prejudice to the individual reporting, and are for the confidential use
of the Department, except that the Department may disclose the identity of
a person involved in an accident when the identity is not otherwise known
or when the person denies his presence at the accident. No report
to the Department may be used as evidence in any trial, civil or criminal,
arising out of an
accident, except that the Department must furnish upon demand of any person
who has or claims to have made a report or upon demand of any court
a certificate showing that a specified accident report has or has not been
made to the Department solely to prove a compliance or a failure to comply
with the requirements that a report be made to the Department.
E. (1) Every coroner or medical examiner shall on or | ||
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(2) Within 6 hours after a death resulting from a | ||
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(Source: P.A. 102-538, eff. 8-20-21.)
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(625 ILCS 45/6-2) (from Ch. 95 1/2, par. 316-2)
Sec. 6-2.
Operator's responsibility.
The operator of a watercraft is liable for any injury or damage
occasioned by the negligent operation of such watercraft, whether such
negligence consists of a violation of the provisions of the Statutes of
this State, or in the failure to observe such ordinary care in such
operation as the rules of the common law require.
(Source: P.A. 82-783.)
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(625 ILCS 45/6-3) (from Ch. 95 1/2, par. 316-3)
Sec. 6-3.
Transmittal of information.
In accordance with any request duly made by an authorized official or
agency of the United States, any information compiled or otherwise
available to the Department pursuant to subsection (B) of Section 6-1
shall be transmitted to such official or agency of the United States.
(Source: P.A. 82-783.)
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(625 ILCS 45/Art. VII heading) ARTICLE VII.
BUSINESS OF BOAT RENTAL SERVICE
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(625 ILCS 45/7-1) (from Ch. 95 1/2, par. 317-1)
Sec. 7-1.
On and after March 1, 1960 it shall be unlawful for any person
to engage in the business of operating a boat or boats carrying passengers
for hire, or renting a boat or boats for hire without first having obtained
a license so to do from the Department. Such license shall be renewable
each year on March 1st, shall be good only for one year or portion of a
year to March 1st, and it shall be unlawful for such person to so engage in
such business without having a valid license currently then in force.
(Source: P.A. 85-149.)
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(625 ILCS 45/7-2) (from Ch. 95 1/2, par. 317-2)
Sec. 7-2.
License fee.
The fee for a license to operate a boat for
carrying passengers for hire shall be $50 for each boat. The fee for
a license for engaging in the business of renting boats for hire shall be
$30, plus an annual fee for each boat rented or offered for rent of $1
for each boat less than 16 feet in length; $2 for each boat 16 feet or
over and less than 26 feet in length; and $8 for each boat 26 feet or
over in length. No boat shall, after March 1, 1960, be rented or offered
for rent until such license has been granted and the boat marked as
hereinafter provided.
(Source: P.A. 85-149.)
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(625 ILCS 45/7-3) (from Ch. 95 1/2, par. 317-3)
Sec. 7-3.
Rules and regulations.
The Department is hereby empowered, and
it shall be their duty, to prescribe methods of inspection to determine the
weight capacity for each boat carrying passengers for hire, or for rent,
and to satisfy the Department that such boat is of a suitable structure for
the service in which it is to be employed, and is in a condition to warrant
the belief that it may be used in navigation with safety to life and property.
(Source: P.A. 85-149.)
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(625 ILCS 45/7-4) (from Ch. 95 1/2, par. 317-4)
Sec. 7-4.
In order to authorize the maximum number of pounds of weight for
boats less than 16 feet in length, the Department shall have their cubic
foot capacity accurately determined, divide this number by twelve, and
multiply the quotient by 150 pounds. The Department shall determine the
basis for computing the weight capacity of boats 16 feet or over and less
than 45 feet in length.
(Source: P.A. 82-783.)
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(625 ILCS 45/7-5) (from Ch. 95 1/2, par. 317-5)
Sec. 7-5.
It shall be the duty of the Department to see that all of such
boats comply with the standards prescribed in this Act and the rules and
regulations of the Department.
(Source: P.A. 85-149.)
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(625 ILCS 45/7-6) (from Ch. 95 1/2, par. 317-6)
Sec. 7-6.
Whenever, it shall be found
that any boat does not comply with the standards of this Act and the rules and
regulations of the Department, it shall thereupon be the duty of the
Department to notify the owner, proprietor or agent in charge of any such
boat, the respect in which the boat fails to comply, and to demand that
such defective conditions be rectified prior to further use of such boat.
(Source: P.A. 85-149.)
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(625 ILCS 45/7-7) (from Ch. 95 1/2, par. 317-7)
Sec. 7-7.
The Department shall furnish to the licensee an appropriate license
which shall be prominently displayed in his place of business, or upon the
boat if only one boat is involved. In addition to said license the
Department shall also furnish to such licensee a durable tag or disc for
each boat so licensed with such markings as the Department shall deem
necessary, which tag or disc must be affixed to some prominent place at the
bow of said boat plainly visible to the public. The licensee shall also
cause to be painted on the after quarter of the boat the number of pounds
of weight authorized to be carried therein, and no licensee or his agent
shall knowingly permit more than that number of pounds of weight or number
of persons to occupy said boat at any one given time.
(Source: P.A. 82-783.)
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(625 ILCS 45/7-8) (from Ch. 95 1/2, par. 317-8)
Sec. 7-8.
Equipment.
Neither the owner of a boat livery, nor his agent
or employee shall permit any watercraft to depart from his premises unless
it has been provided, either by owner or renter, with the equipment
required pursuant to Article IV of this Act and any rules and regulations
made pursuant thereto.
(Source: P.A. 87-198.)
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(625 ILCS 45/7-9) (from Ch. 95 1/2, par. 317-9)
Sec. 7-9.
It shall be the responsibility of the owner of a boat livery,
or his agent or employee, to determine that all watercraft are properly
registered as required pursuant to Article III of this Act.
(Source: P.A. 86-1340; 87-198.)
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(625 ILCS 45/7-10) (from Ch. 95 1/2, par. 317-10)
Sec. 7-10.
Unlawful rental of personal watercraft or specialty
prop-craft.
(a) A livery shall not lease, hire or rent a personal watercraft or a
specialty prop-craft to, or for operation by, any person who is under
16 years of age.
(b) Any person convicted of violating this Section is guilty of a Class
A misdemeanor.
(Source: P.A. 90-412, eff. 1-1-98.)
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(625 ILCS 45/Art. VIII heading) ARTICLE VIII.
LOCAL REGULATION
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(625 ILCS 45/8-1) (from Ch. 95 1/2, par. 318-1)
Sec. 8-1.
Local ordinances.
The provisions of this Act, and of other applicable laws of this State
shall govern the operation, equipment, numbering and all other matters
relating thereto whenever any vessel shall be operated on the waters of
this State, or when any activity regulated by this Act shall take place
thereon; but nothing in this Act shall be construed to prevent the adoption
of any ordinance or local law by any political subdivision of the State
relating to operation and equipment of vessels the provisions of which are
not inconsistent with the provisions of this Act, amendments thereto or
regulations issued thereunder: Provided, that such ordinances or local laws
shall be operative only so long as and to the extent that they continue to
be not inconsistent with the provisions of this Act, amendments thereto or
regulations issued thereunder.
(Source: P.A. 82-783.)
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(625 ILCS 45/8-2) (from Ch. 95 1/2, par. 318-2)
Sec. 8-2.
Special rules - Application.
Any subdivision of this State may, at any time, but only after public
notice, make formal application to the Department for special rules and
regulations with reference to the operation of vessels on any waters within
its territorial limits and shall set forth therein the reasons which make
such special rules or regulations necessary or appropriate.
(Source: P.A. 82-783.)
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(625 ILCS 45/8-3) (from Ch. 95 1/2, par. 318-3)
Sec. 8-3.
Special rules - Power.
The Department is hereby authorized to make special rules and
regulations with reference to the operation of vessels on any waters within
the territorial limits of any subdivision of this State.
(Source: P.A. 82-783.)
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(625 ILCS 45/Art. IX heading) ARTICLE IX.
FILING OF REGULATIONS
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(625 ILCS 45/9-1) (from Ch. 95 1/2, par. 319-1)
Sec. 9-1.
Rules and regulations, filing.
The implementation and
administration of the provisions of this Act shall be by rules and
regulations adopted by the Department of Natural Resources. A copy of the
rules and regulations adopted pursuant
to this Act, and of any amendments thereto, shall be filed in the office of the
Department and in the office of the Secretary of State. Rules and regulations
shall be published by the Department in a convenient form.
(Source: P.A. 89-445, eff. 2-7-96.)
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(625 ILCS 45/Art. X heading) ARTICLE X.
THE STATE BOATING ACT FUND
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(625 ILCS 45/10-1) (from Ch. 95 1/2, par. 320-1)
Sec. 10-1.
Special fund.
All revenue received under the provisions of this
Act, including registration fees, fines, or other income of any kind or nature,
shall be deposited in the State Treasury and shall be set apart in a special
fund to be known as the State Boating Act Fund, except that revenue from fines
resulting from citations written by a county sheriff or his deputy shall be
deposited in a county fund in the county where the citation was written.
Appropriations from the State Boating Act Fund, excepting those revenues
received as a result of the Snowmobile Registration and Safety Act, shall be
made to the Department, and shall be used for the expenses of the Department in
administering the registration, boat safety, boat safety education, and
enforcement provisions of this Act or for any purpose related or incident
thereto and connected therewith, including the construction and improvement of
boating facilities, such as access areas, launching sites, harbor facilities,
lakes, and marinas, including plans and specifications, engineering surveys,
and supervision and land acquisition where necessary. In addition to the
foregoing, appropriations from the State Boating Act Fund, other than revenues
received as a result of the Snowmobile Registration and Safety Act, may be made
to the Department of Natural Resources to pay
operational expenses for recreational boating facilities at McHenry Lock and
Dam in McHenry County and Sinnissippi Dam in Whiteside County.
(Source: P.A. 89-445, eff. 2-7-96.)
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(625 ILCS 45/10-2) (from Ch. 95 1/2, par. 320-2)
Sec. 10-2.
Snowmobile
Registration and Safety Act Revenues.
All revenue received under the provisions of the "Snowmobile
Registration and Safety Act", including registration fees, fines, or other
income of whatsoever kind or nature, shall be deposited in the State
Treasury in "The State Boating Act Fund". Appropriations of such revenue
shall be made only to the Department for administering the registration of
snowmobiles, snowmobile safety, snowmobile safety education and enforcement
provisions of the "Snowmobile Registration and Safety Act" or for any
purpose related or connected thereto, including the construction,
maintenance, and rehabilitation of snowmobile recreation areas or any other
facilities for the use of snowmobiles, including plans and specifications,
engineering surveys and supervision and land acquisition where necessary.
(Source: P.A. 82-783.)
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(625 ILCS 45/Art. XIA heading) ARTICLE XIA.
PENALTIES
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(625 ILCS 45/11A-1) (from Ch. 95 1/2, par. 321A-1)
Sec. 11A-1.
Except as otherwise provided in this Act, any person who
violates any of the provisions of this Act shall be guilty of a petty offense.
(Source: P.A. 85-149.)
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(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. 98-102, eff. 7-22-13.)
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(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. 98-102, eff. 7-22-13.)
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(625 ILCS 45/11A-4) (from Ch. 95 1/2, par. 321A-4)
Sec. 11A-4. Any person who is convicted of a violation of Sections
5-1 or 11A-5 of this Act, in addition to any other penalties
authorized in this Act, may in the discretion of the court be refused the
privilege of operating any watercraft on any of the waterways of this State
for a period of not less than one year.
Any person who is convicted of a violation of Section 5-2 of this Act or
subsection A-1 of Section 6-1 of this Act, in addition to any other penalties
authorized in this Act, shall have his or her privilege of operating any
watercraft on any of the waterways of this State suspended by the Department for a period of not less than one year.
(Source: P.A. 93-782, eff. 1-1-05.)
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(625 ILCS 45/11A-5) (from Ch. 95 1/2, par. 321A-5)
Sec. 11A-5. A person may not operate a watercraft during any period when his or her privilege to operate a watercraft is suspended or revoked in this State, by another state, by a federal agency, or by a province of Canada. Any person who operates any watercraft during the period when
he is denied the privilege to so operate is guilty of a Class A misdemeanor
for a first offense and a Class 4 felony for a second or subsequent
offense.
(Source: P.A. 93-782, eff. 1-1-05; 94-214, eff. 1-1-06.)
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(625 ILCS 45/11A-6) (from Ch. 95 1/2, par. 321A-6)
Sec. 11A-6.
Any person who violates any provision of Section 2-4 is
guilty of a Class A misdemeanor.
(Source: P.A. 85-149.)
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(625 ILCS 45/Art. XII heading) ARTICLE XII.
PARTIAL INVALIDITY
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(625 ILCS 45/12-1) (from Ch. 95 1/2, par. 322-1)
Sec. 12-1.
If any provision of this Act, or the application
of such provision
to any persons, body or circumstances shall be held invalid, the remainder
of this Act, or the application of such provision to persons, bodies or
circumstances other than those as to which it shall have been held invalid,
shall not be affected thereby.
(Source: P.A. 82-783.)
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(625 ILCS 45/Art. XIII heading) ARTICLE XIII.
EFFECTIVE DATE
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(625 ILCS 45/13-1) (from Ch. 95 1/2, par. 323-1)
Sec. 13-1.
This Act shall take effect on March 1, 1960.
(Source: P.A. 82-783.)
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