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H0499.........................................by RESOURCES AND CONSERVATION BOATING - Amends existing law relating to boating to provide certain restrictions relating to overloading and to provide an exception; to provide a reference relating to violations of rules of the road and to provide that such violations shall constitute interference with navigation; and to prohibit certain operation of personal watercraft or motorized vessels. 02/08 House intro - 1st rdg - to printing 02/11 Rpt prt - to Res/Con
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 499 BY RESOURCES AND CONSERVATION COMMITTEE 1 AN ACT 2 RELATING TO BOATING; AMENDING SECTION 67-7022, IDAHO CODE, TO PROVIDE CERTAIN 3 RESTRICTIONS RELATING TO OVERLOADING AND TO PROVIDE AN EXCEPTION; AMENDING 4 SECTION 67-7025, IDAHO CODE, TO PROVIDE A REFERENCE RELATING TO VIOLATIONS 5 OF RULES OF THE ROAD AND TO PROVIDE THAT SUCH VIOLATIONS SHALL CONSTITUTE 6 INTERFERENCE WITH NAVIGATION; AND AMENDING SECTION 67-7077, IDAHO CODE, TO 7 PROHIBIT CERTAIN OPERATION OF PERSONAL WATERCRAFT OR MOTORIZED VESSELS. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Section 67-7022, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 67-7022. OVERLOADING. It shall be unlawful for any person to operate any 12 vessel loaded with, or having in tow, passengers or cargo beyond its safe car- 13 rying capacity taking into consideration weather and other existing operating 14 conditions. It is also unlawful for any vessel to exceed the capacity estab- 15 lished by a capacity plate required in this chapter or to exceed the capaci- 16 ties established by manufacturer recommendations. For the purpose of this 17 chapter, passengers and cargo in tow shall not include a separate vessel being 18 towed, or its cargo. 19 SECTION 2. That Section 67-7025, Idaho Code, be, and the same is hereby 20 amended to read as follows: 21 67-7025. INTERFERENCE WITH NAVIGATION. It shall be unlawful for any per- 22 son to operate any vessel on the water of this state in a manner that shall 23 unreasonably or unnecessarily interfere with other vessels or with free and 24 proper navigation on the waterways of the state. Violation of the rules of the 25 road as defined in the U.S. coast guard's inland rules of navigation shall 26 constitute interference with navigation. 27 SECTION 3. That Section 67-7077, Idaho Code, be, and the same is hereby 28 amended to read as follows: 29 67-7077. OPERATION OF VESSELS. (1) It shall be unlawful for any person to 30 operate any vessel on the water of this state: 31 (a) In a negligent manner as prescribed in section 67-7017, Idaho Code, 32 while within one hundred (100) feet of another vessel; or 33 (b) At a speed greater than no wake or five (5) miles per hour while 34 within one hundred (100) feet of a dock, swimmer or other person in the 35 water, except when safely pulling a water skier from a dock, or when 36 safely dropping off a water skier at or near a dock, or when the swimmer 37 or other person in the water is the vessel's water skier. Except when 38 dropping off a skier at or near a dock all efforts shall be made to rea- 39 sonably minimize the time and distance the vessel shall travel inside the 2 1 one hundred (100) foot zone while operating at speeds greater than no wake 2 or five (5) miles per hour; or 3 (c) If the vessel is a personal watercraft equipped by the manufacturer 4 with a link-type engine cut-off switch without attaching such link to the 5 operator, operator's clothing or the operator's personal flotation device 6 as appropriate for the personal watercraft. 7 (2) No person on and after July 1, 2009, who is fourteen (14) years of 8 age or younger, shall operate on the waters of this state a motorized vessel 9 unless the operator has successfully completed a safe boater course approved 10 by the department and the national association of state boating law adminis- 11 trators, and has received a certificate as evidence of successful completion 12 of the course of examination. 13 (a) A nonresident of the state, operating a vessel as specified above 14 within the waters of this state, shall be subject to the requirements of 15 this subsection unless such nonresident holds in his possession proof that 16 he has completed a safe boater course within his state of residence, pro- 17 vided the course is approved by the national association of state boating 18 law administrators. 19 (b) Each resident or nonresident operator of a vessel as specified above 20 shall have available proof of completion of such course on board the ves- 21 sel while operating on the waters of this state. 22 (c) If the person operating a vessel as specified above is fourteen (14) 23 years of age or younger, the person must be directly supervised by a com- 24 petent adult who is at least eighteen (18) years of age. 25 (i) If the vessel is a personal watercraft, the competent adult 26 must be visually supervising the personal watercraft. 27 (ii) If the motorized vessel is other than a personal watercraft, 28 the adult must be on board and in position to take immediate control 29 of the vessel.
STATEMENT OF PURPOSE
RS 17839
To ensure that unclear or outdated provisions in the Idaho Safe
Boating Act are not compromising the public's safety, this proposal
focuses on three sections that impact safe vessel operations.
The first section provides that operating a vessel loaded with, or
having in tow, passengers or cargo that exceed the capacities established
by the boat manufacturer's recommendations would be unlawful.
The second section addresses the unlawful activity of operating a
vessel in the state in a manner that will unreasonably or unnecessarily
interfere with other vessels. Existing statutory language should be
modified to define unlawful interference consistent with U.S. Coast Guard
Inland Rules of Navigation.
The third proposal establishes mandatory boating safety education
for operators 14 years of age and younger. Mandatory use of cut-off
switches on personal watercraft (PWC), a critical safety feature, would
also be required. This will provide a safer environment for PWC
operators as well as other recreational boaters.
FISCAL NOTE
There will be no fiscal impact to the General Fund or any IDPR
funding resources relating to Sec. 67-7022 or 67-7025. There will be no
fiscal impact to the General Fund relating to Sec. 67-7077. Programming
costs are associated with the education component to properly inform and
educate the public. These one-time costs will amount to $10,000 and will
be borne entirely from dedicated funds provided by the U.S. Coast Guard.
CONTACT:
Name: Dean Sangrey
Agency: Parks and Recreation, Dept. of
Phone: 514-2260
STATEMENT OF PURPOSE/FISCAL NOTE H 499