| ||||
| Public Act 099-0526 | ||||
| ||||
| ||||
AN ACT concerning transportation.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Section 5. The Boat Registration and Safety Act is amended | ||||
by changing Section 5-18 as follows:
| ||||
(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 10 | ||
horse power and is required to have a valid Boating Safety | ||
Certificate under the provisions of this Section shall | ||
present the certificate to a law enforcement officer upon | ||
request. Failure of the person to present the certificate | ||
upon request is a petty offense. | ||
(2) A person who provides false or fictitious | ||
information in an application for a Boating Safety | ||
Certificate; or who alters, forges, counterfeits, or | ||
falsifies a Boating Safety Certificate; or who possesses a | ||
Boating Safety Certificate that has been altered, forged, | ||
counterfeited, or falsified is guilty of a Class A | ||
misdemeanor. | ||
(3) A person who loans or permits his or her Boating | ||
Safety Certificate to be used by another person or who | ||
operates a motorboat with over 10 horse power using a | ||
Boating Safety Certificate that has not been issued to that | ||
person is guilty of a Class A misdemeanor. | ||
(4) A violation of this Section done with the knowledge | ||
of a parent or guardian
shall be deemed a violation by the | ||
parent or guardian and punishable
under Section 11A-1.
| ||
(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 Coast | ||
Guard commercial vessel operator's license or a marine | ||
certificate issued by the Canadian government; | ||
(2) a person employed by the United States, this State, | ||
another state, or a subdivision thereof while in | ||
performance of his or her official duties; | ||
(3) a person who is not a resident, is temporarily | ||
using the waters of this State for a period not to exceed | ||
90 days, and meets any applicable boating safety education | ||
requirements of his or her state of residency or possesses | ||
a Canadian Pleasure Craft Operator's Card; | ||
(4) a person who is a resident of this State who has | ||
met the applicable boating safety education requirements | ||
of another state or possesses a Canadian Pleasure Craft | ||
Operator's Card; | ||
(5) a person who has assumed operation of the motorboat | ||
due to the illness or physical impairment of the operator, | ||
and is returning the motorboat or personal watercraft to | ||
shore in order to provide assistance or care for that | ||
operator; | ||
(6) a person who is registered as a commercial | ||
fisherman or a person who is under the onboard direct | ||
supervision of the commercial fisherman while operating | ||
the commercial fisherman's vessel; | ||
(7) a person who is serving or has qualified as a | ||
surface warfare officer or enlisted surface warfare | ||
specialist in the United States Navy; | ||
(8) a person who has assumed operation of the motorboat | ||
for the purpose of completing a watercraft safety course | ||
approved by the Department, the U.S. Coast Guard, or the | ||
National Association of State Boating Law Administrators; | ||
(9) a person using only an electric motor to propel the | ||
motorboat; | ||
(10) a person operating a motorboat on private | ||
property; or | ||
(11) a person over the age of 12 years who holds a | ||
valid certificate issued by
another state, a province of | ||
the Dominion of
Canada, the United States Coast Guard | ||
Auxiliary or the United States
Power Squadron need not | ||
obtain a certificate from the Department if the
course | ||
content of the program in such other state, province or | ||
organization
substantially meets that established by the | ||
Department under this Section.
A certificate issued by the | ||
Department or by another state, province of the
Dominion of | ||
Canada or approved organization shall not constitute an
| ||
operator's license, but shall certify only that the student | ||
has
successfully passed a course in boating safety | ||
instruction; or .
| ||
(12) a person who is temporarily using the waters of | ||
this State for the purpose of participating in a boat | ||
racing event sanctioned by the Department of Natural | ||
Resources or authorized federal agency. The organizer or | ||
holder of the sanctioned event shall possess liability | ||
insurance for property damage and bodily injury or death | ||
with a minimum benefit of $1,000,000 that shall remain in | ||
effect through the entirety of the event. | ||
(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.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
| ||