Bill Text: HI HB1765 | 2010 | Regular Session | Introduced

Hawaii House Bill 1765 (Prior Session Legislation)

Introduced

Bill Title: Boating; Safety Education Program

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [HB1765 Detail]

Download: Hawaii-2010-HB1765-Introduced.html

Report Title:

Boating; Safety Education Program

Description:

Establishes a mandatory boating safety education program within the State.

HOUSE OF REPRESENTATIVES	H.B. NO.	1765
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO MANDATORY BOATING SAFETY EDUCATION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 200, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"PART . MANDATORY BOATING SAFETY EDUCATION

§200-A Definitions. For the purposes of this part:

"Agency" means the division of boating and ocean recreation of the department of land and natural resources.

"Certificate" means a boating education safety certificate issued as evidence of successful completion of a course in safe boating or successful passage of an equivalency examination.

"Motorboat" means a "motor-powered" recreational vessel propelled in whole or in part by machinery, including a sail boat or sailing catamaran temporarily or permanently equipped with a motor but propelled by sail only and recreational vessels temporarily equipped with a detachable engine.

"Operate" and "operating" means to navigate or otherwise control the movement of a vessel, including control of the vessel's propulsion system.

"Operator" means the person who navigates or is otherwise in control or in charge of the movement of a vessel, including control of the vessel's propulsion system.

"Person" means any individual.

"Vessel" means every description of watercraft, other than a seaplane, used or capable of being used as a means of transportation on the water.

"Waters of the State" means any waters within the jurisdiction of the State.

§200-B Applicability. The provisions of this part shall apply to persons who are:

(1) Less than twenty years of age on July 1, 2010;

(2) Less than thirty years of age on July 1, 2011;

(3) Less than forty years of age on July 1, 2012;

(4) Less than fifty years of age on July 1, 2013;

(5) Less than sixty years of age on July 1, 2014; and

(6) Of all ages on July 1, 2015.

§200-C Operator requirements. (a) No person shall operate a motorboat on any waters of the State unless the operator:

(1) Is eighteen years of age or older; and

(2) Has successfully completed a course in safe boating that is approved by National Association of State Boating Law Administrators and certified by the State or passed an equivalency examination, if the examination was proctored and tested the knowledge of information included in the curriculum of an approved and certified course, and the person received a certificate as evidence of successful completion of the course or passage of the examination;

(3) Possesses a valid license to operate a vessel issued for maritime personnel by the United States Coast Guard pursuant to 46 Code of Federal Regulations Part 10 or a marine certificate issued by the Canadian government;

(4) Possesses a state-approved nonrenewable temporary operator's permit to operate the motorboat that is valid for sixty days and was issued with the certificate of number for the motorboat if the boat is new or was sold with a transfer of ownership;

(5) Possesses a rental agreement or lease agreement provided pursuant to section 200-E that lists the person as an authorized operator of the motorboat;

(6) Is not a resident of the State, is temporarily using the waters of the State for a period not to exceed sixty days, and meets any applicable requirements of the state of residency or possesses a Canadian Pleasure Craft Operator's Card; or

(7) Is a person who operates a vessel under supervised training as authorized by the State.

(b) A person under eighteen years of age shall not operate a motor-powered vessel on the waters of the State unless the operator complies with the requirements of subsection (a) and is accompanied on board the vessel and is directly supervised by a responsible adult eighteen years of age or older who holds a certificate as evidence of successful completion of the National Association of State Boating Law Administrators-approved and state-certified course or passage of the equivalency examination.

§200-D Reciprocity. The State may recognize certificates issued by other states if the operator has successfully completed a course in safe boating that is approved by National Association of State Boating Law Administrators and certified by the State or passed an equivalency examination if the examination was proctored and tested the knowledge of information included in the curriculum of such a course and the person received a certificate as evidence of successful completion of the course or passage of the examination.

§200-E Requirements for motorboat rental and leasing businesses. Persons or entities, or their representatives, that engage in the business of renting or leasing motorboats:

(1) Shall not rent or lease a motorboat to any person for operation on the waters of the State for a period not exceeding thirty days unless the person complies with the requirements of section 200-C or 200-D;

(2) Shall list on each rental or lease agreement for a motorboat the name and age of each person who is authorized to operate the motorboat. The person to whom the motorboat is rented or leased shall ensure that only persons who are listed as authorized operators shall operate the motorboat; and

(3) Shall provide to each authorized operator of a motorboat a summary of the statutes, rules, and federal regulations governing the operation of a motorboat and instructions regarding the safe operation of the motorboat. Each authorized operator shall review the summary and instructions before the motorboat departs from the rental or leasing office.

§200-F Compliance; penalties. (a) A person who is operating a motorboat on any waters of the State and who is stopped by a law enforcement officer in the enforcement of this part or the rules adopted pursuant thereto, shall present to the officer evidence that the requirements of section 200-C or 200‑D have been met. Failure to present the evidence that these requirements have been met shall constitute prima facie evidence of a violation of this part.

A person who fails to present evidence that the requirements of sections 200-B and 200-C have been met shall be guilty of a misdemeanor unless the person presents the required documents in court and establishes the person was operating the motorboat in compliance with this part on the date of the violation.

(b) It shall be a misdemeanor for a person to:

(1) Alter, forge, counterfeit, or falsify a certificate or other document used to evidence that the requirements of section 200-C or 200-D have been met;

(2) Possess a certificate or other document that has been altered, forged, counterfeited, or falsified; or

(3) Loan or permit a certificate or other document to be used by a person not named on the certificate or document.

(c) A person or entity, or a representative of the person or entity, that is engaged in the business of renting or leasing motorboats who fails to request and inspect certificates or other documents as evidence that the requirements of section 200-C or 200-D have been met by the authorized operators shall be guilty of a misdemeanor.

(d) A person may be fined not more than $1,000 or not less than $50 for each violation of this part, and the agents, owner, or crew of any vessel that violate the rules of the department or this part shall be fined not more than $1,000 or not less than $50 for each violation; provided that in addition to, or as a condition to the suspension of the fines and penalties, the court may prohibit a person who is found to have violated any of the provisions of this part from operating a motorboat upon the waters of the State until the person successfully completes the safe boating education course approved by National Association of State Boating Law Administrators and certified by the State.

(e) In any proceeding for a violation of this part, the court may suspend all or part of the fine to be imposed on the defendant if the defendant completes the safe boating education course approved by National Association of State Boating Law Administrators and certified by the State within the time limits imposed by the courts.

§200-G Adoption of rules. The department may adopt rules in accordance with chapter 91 to carry out this part, including provisions for issuance of certificates and duplicate certificates, record keeping, cooperative agreements, name and address changes, the establishment of fees for boating safety courses and certificates, and equivalency exam criteria."

SECTION 2. This Act shall take effect upon its approval.