Bill Text: IL HB2499 | 2021-2022 | 102nd General Assembly | Enrolled


Bill Title: Amends the Boat Registration and Safety Act. Changes the definitions Section to put the terms in alphabetical order and changes the definitions of "airboat", "motorboat", "nonpowered watercraft", "operate", "owner", "person", "personal watercraft", and "sailboat". Defines "inland rules", "international regulations", "leeward", "operator", "principally operate", "throwable PDF", "wearable U.S. Coast Guard approved personal flotation device", and "windward side". Makes additional changes and adds provisions in Sections concerning: corrected certificates; towed watercraft; personal flotation devices; navigation lights; interference with navigation; and traffic rules.

Spectrum: Slight Partisan Bill (Democrat 6-2)

Status: (Enrolled) 2021-07-15 - Sent to the Governor [HB2499 Detail]

Download: Illinois-2021-HB2499-Enrolled.html



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1 AN ACT concerning government.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Boat Registration and Safety Act is amended
5by changing Sections 1-2, 3-7, 3C-4, 4-1, 4-2, 5-3, and 5-13 as
6follows:
7 (625 ILCS 45/1-2) (from Ch. 95 1/2, par. 311-2)
8 Sec. 1-2. Definitions. As used in this Act, unless the
9context clearly requires a different meaning:
10 "Airboat" means a vessel that is typically flat-bottomed
11and propelled by an aircraft-type propeller powered by an
12engine.
13 "Competent" means capable of assisting a water skier in
14case of injury or accident.
15 "Dealer" means any person who engages in the business of
16manufacturing, selling, or dealing in, on consignment or
17otherwise, any number of new watercraft or 5 or more used
18watercraft of any make during the year, including any
19off-highway vehicle dealer or snowmobile dealer or a person
20licensed as a new or used vehicle dealer who also sells or
21deals in, on consignment or otherwise, any number of
22watercraft as defined in this Act.
23 "Department" means the Department of Natural Resources.

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1 "Inland Rules" means the Inland Navigation Rules Act of
21980.
3 "International regulations" means the International
4Regulations for Preventing Collisions at Sea, 1972, including
5annexes currently in force for the United States.
6 "Leeward side" means the side of a vessel's sail that is
7facing away or sheltered from the wind.
8 "Lifeboat" means a small boat kept on board a larger boat
9for use in an emergency.
10 "Motorboat" or "power-driven vessel" means any vessel
11propelled by machinery.
12 "Nonpowered watercraft" or "human-powered watercraft"
13means any canoe, kayak, kiteboard, paddleboard, ribbed
14inflatable, or any other watercraft propelled by oars,
15paddles, or poles but not powered by sail, canvas, human body
16part, or machinery of any sort.
17 "Operate" means to use, navigate, employ, or otherwise be
18in actual physical control of a motorboat or vessel.
19 "Operator" means a person who operates or is in actual
20physical control of a watercraft.
21 "Owner" means a person, other than a secured party, having
22property rights or title to a watercraft. "Owner" includes a
23person entitled to the use or possession of a motorboat
24subject to an interest in another person, reserved or created
25by agreement and securing payment of performance of an
26obligation. "Owner" does not include a lessee under a lease

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1not intended as security.
2 "Person" means any individual, firm, corporation,
3partnership, or association, and any agent, assignee, trustee,
4executor, receiver, or representative thereof.
5 "Personal flotation device" or "PFD" means a device that
6is approved by the Commandant, U.S. Coast Guard, under Part
7160 of Title 46 of the Code of Federal Regulations.
8 "Personal watercraft" means a vessel propelled by a water
9jet pump or other machinery as its primary source of motive
10power and designed to be operated by a person sitting,
11standing, or kneeling on the vessel, rather than within the
12confines of a hull.
13 "Principally operated" means the vessel is or will be
14primarily operated within the jurisdiction of the State during
15a calendar year.
16 "Recreational boat" means any vessel manufactured or used
17primarily for noncommercial use, or leased, rented, or
18chartered to another for noncommercial use.
19 "Sailboat" or "sailing vessel" means any vessel under sail
20so long as the propelling machinery, if fitted, is not being
21used.
22 "Seaplane" means any aircraft designed to maneuver on the
23water.
24 "Specialty prop-craft" means a vessel that is similar in
25appearance and operation to a personal watercraft but that is
26powered by an outboard or propeller driven motor.

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1 "Throwable PFD" has the meaning provided in 33 CFR 175.13.
2 "Underway" applies to a vessel or watercraft at all times
3except when it is moored at a dock or anchorage area.
4 "Use" applies to all vessels on the waters of this State,
5whether moored or underway.
6 "Vessel" or "watercraft" means every watercraft used or
7capable of being used as a means of transportation on water,
8except a seaplane on the water, air mattress or similar
9device, and boats used for concession rides in artificial
10bodies of water designed and used exclusively for such
11concessions.
12 "Waters of this State" means any water within the
13jurisdiction of this State.
14 "Wearable U.S. Coast Guard approved personal flotation
15device", "wearable U.S. Coast Guard approved PFD", and
16"wearable PFD" have the meaning provided for "wearable PFD" in
1733 CFR 175.13.
18 "Windward side" means the side of a vessel's sail that has
19the wind blowing into the sail.
20 "Wing in Ground" (WIG) vessel means a multimodal vessel
21which, in its main operational mode, flies in close proximity
22to the surface utilizing surface-effect action.
23 "Vessel" or "Watercraft" means every description of
24watercraft used or capable of being used as a means of
25transportation on water, except a seaplane on the water, air
26mattress or similar device, and boats used for concession

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1rides in artificial bodies of water designed and used
2exclusively for such concessions.
3 "Motorboat" means any vessel propelled by machinery,
4whether or not such machinery is the principal source of
5propulsion, but does not include a vessel which has a valid
6marine document issued by the Bureau of Customs of the United
7States Government or any Federal agency successor thereto.
8 "Non-powered watercraft" means any canoe, kayak,
9kiteboard, paddleboard, float tube, or watercraft not
10propelled by sail, canvas, or machinery of any sort.
11 "Sailboat" means any watercraft propelled by sail or
12canvas, including sailboards. For the purposes of this Act,
13any watercraft propelled by both sail or canvas and machinery
14of any sort shall be deemed a motorboat when being so
15propelled.
16 "Airboat" means any boat (but not including airplanes or
17hydroplanes) propelled by machinery applying force against the
18air rather than the water as a means of propulsion.
19 "Dealer" means any person who engages in the business of
20manufacturing, selling, or dealing in, on consignment or
21otherwise, any number of new watercraft, or 5 or more used
22watercraft of any make during the year, including any
23off-highway vehicle dealer or snowmobile dealer or a person
24licensed as a new or used vehicle dealer who also sells or
25deals in, on consignment or otherwise, any number of
26watercraft as defined in this Act.

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1 "Lifeboat" means a small boat kept on board a larger boat
2for use in emergency.
3 "Owner" means a person, other than lien holder, having
4title to a motorboat. The term includes a person entitled to
5the use or possession of a motorboat subject to an interest in
6another person, reserved or created by agreement and securing
7payment of performance of an obligation, but the term excludes
8a lessee under a lease not intended as security.
9 "Waters of this State" means any water within the
10jurisdiction of this State.
11 "Person" means an individual, partnership, firm,
12corporation, association, or other entity.
13 "Operate" means to navigate or otherwise use a motorboat
14or vessel.
15 "Department" means the Department of Natural Resources.
16 "Competent" means capable of assisting a skier in case of
17injury or accident.
18 "Personal flotation device" or "PFD" means a device that
19is approved by the Commandant, U.S. Coast Guard, under Part
20160 of Title 46 of the Code of Federal Regulations.
21 "Recreational boat" means any vessel manufactured or used
22primarily for noncommercial use; or leased, rented or
23chartered to another for noncommercial use.
24 "Personal watercraft" means a vessel that uses an inboard
25motor powering a water jet pump as its primary source of motor
26power and that is designed to be operated by a person sitting,

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1standing, or kneeling on the vessel, rather than the
2conventional manner of sitting or standing inside the vessel,
3and includes vessels that are similar in appearance and
4operation but are powered by an outboard or propeller drive
5motor.
6 "Specialty prop-craft" means a vessel that is similar in
7appearance and operation to a personal watercraft but that is
8powered by an outboard or propeller driven motor.
9 "Underway" applies to a vessel or watercraft at all times
10except when it is moored at a dock or anchorage area.
11 "Use" applies to all vessels on the waters of this State,
12whether moored or underway.
13(Source: P.A. 97-1136, eff. 1-1-13.)
14 (625 ILCS 45/3-7) (from Ch. 95 1/2, par. 313-7)
15 Sec. 3-7. Loss of certificate; certificate correction.
16Should a certificate of number or registration expiration
17decal become lost, destroyed, or mutilated beyond legibility,
18or if information required by the Department to be included on
19the certificate has changed, the owner of the watercraft shall
20make application to the Department for the replacement of the
21certificate or decal or for a corrected certificate or decal,
22giving his name, address, and the number of his boat and shall
23at the same time of application pay to the Department a fee of
24$5.
25(Source: P.A. 93-32, eff. 7-1-03.)

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1 (625 ILCS 45/3C-4) (from Ch. 95 1/2, par. 313C-4)
2 Sec. 3C-4. Police tows; reports; release of watercraft;
3payment Reports on towed watercraft.
4 (a) When a watercraft is authorized to be towed away as
5provided in Section 3C-2 or 3C-3, the authorization, any hold
6order, and any release shall be in writing, or confirmed in
7writing, with a copy given to the towing service.
8 (b) When a watercraft is authorized to be towed away as
9provided in Section 3C-2, the police headquarters or office of
10the law enforcement officer authorizing the towing shall keep
11and maintain a record of the watercraft towed, listing the
12color, manufacturer's trade name, manufacturer's series name,
13hull type, hull material, hull identification number, and
14registration number displayed on the watercraft. The record
15shall also include the date and hour of tow, location towed
16from, location towed to, and reason for towing and the name of
17the officer authorizing the tow.
18 (c) The owner, operator, or other legally entitled person
19shall be responsible to the towing service for the payment of
20applicable removal, towing, storage, and processing charges
21and collection costs associated with a watercraft towed or
22held under order or authorization of a law enforcement agency.
23If a watercraft towed or held under order or authorization of a
24law enforcement agency is seized by the ordering or
25authorizing agency or any other law enforcement or

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1governmental agency and sold, any unpaid removal, towing,
2storage, and processing charges and collection costs shall be
3paid to the towing service from the proceeds of the sale. If
4the applicable law provides that the proceeds are to be paid
5into the treasury of the appropriate civil jurisdiction, then
6any unpaid removal, towing, storage, and processing charges
7and collection costs shall be paid to the towing service from
8the treasury of the civil jurisdiction. Such payment shall not
9exceed the amount of proceeds from the sale, with the balance
10to be paid by the owner, operator, or other legally entitled
11person.
12 (d) Upon the delivery of a written release order to the
13towing service, a watercraft subject to a hold order shall be
14released to the owner, operator, or other legally entitled
15person upon proof of ownership or other entitlement and upon
16payment of applicable removal, towing, storage, and processing
17charges and collection costs.
18(Source: P.A. 84-646.)
19 (625 ILCS 45/4-1) (from Ch. 95 1/2, par. 314-1)
20 Sec. 4-1. Personal flotation devices.
21 A. No person may operate a watercraft unless at least one
22wearable U.S. Coast Guard approved personal flotation device
23for each person PFD is on board, so placed as to be readily
24available for each person.
25 B. No person may operate a personal watercraft or

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1specialty prop-craft unless each person aboard is wearing a
2wearable U.S. Coast Guard approved personal flotation device
3PFD approved by the United States Coast Guard. No person on
4board a personal watercraft shall use an inflatable PFD in
5order to meet the PFD requirements of subsection A of this
6Section.
7 C. No person may operate a watercraft 16 feet or more in
8length, except a canoe or kayak, unless at least one readily
9accessible United States Coast Guard approved throwable PFD is
10on board.
11 D. (Blank).
12 E. When assisting a person on water skis, aquaplane or
13similar device, there must be one wearable U.S. United States
14Coast Guard approved PFD on board the watercraft for each
15person being assisted or towed or worn by the person being
16assisted or towed.
17 F. No person may operate a watercraft unless each device
18required by this Section is:
19 1. in serviceable condition;
20 2. identified by a label bearing a description and
21 approval number demonstrating that the device has been
22 approved by the United States Coast Guard;
23 3. of the appropriate size for the person for whom it
24 is intended;
25 4. in the case of a wearable PFD, readily accessible
26 aboard the watercraft;

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1 5. in the case of a throwable PFD, immediately
2 available for use;
3 6. out of its original packaging; and
4 7. not stowed under lock and key.
5 G. Approved personal flotation devices are defined as a
6device that is approved by the United States Coast Guard under
7Title 46 CFR Part 160.
8 H. (Blank).
9 H-5. An approved and appropriately sized wearable U.S.
10Coast Guard approved personal flotation device shall be worn
11by each person under the age of 13 while in tow.
12 I. No person may operate any a watercraft under 26 feet in
13length unless an approved and appropriately appropriate sized
14wearable U.S. United States Coast Guard approved personal
15flotation device is being properly worn by each person under
16the age of 13 on the deck of a watercraft or in an open
17watercraft board the watercraft at all times in which the
18watercraft is underway; however, this requirement shall not
19apply to persons who are enclosed in a cabin or below the top
20deck on a watercraft, on an anchored watercraft that is a
21platform for swimming or diving, or aboard a charter
22"passenger for hire" watercraft with a licensed captain. below
23decks or in totally enclosed cabin spaces. The provisions of
24this subsection I shall not apply to a person operating a
25watercraft on an individual's private property.
26 J. Racing shells, rowing sculls, racing canoes, and racing

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1kayaks are exempt from the PFD, of any type, carriage
2requirements under this Section provided that the racing
3shell, racing scull, racing canoe, or racing kayak is
4participating in an event sanctioned by the Department as a
5PFD optional event. The Department may adopt rules to
6implement this subsection.
7(Source: P.A. 100-469, eff. 6-1-18; 100-863, eff. 8-14-18.)
8 (625 ILCS 45/4-2) (from Ch. 95 1/2, par. 314-2)
9 Sec. 4-2. Navigation lights Lights.
10 A. Watercraft subject to this Section shall be divided
11into classes as follows: It is unlawful to operate any vessel
12less than 39 feet in length unless the following lights are
13carried and displayed when underway from sunset to sunrise:
14 1. Class 1: Less than 16 feet in length. A bright,
15 white light after to show all around the horizon, visible
16 for a distance of 2 miles. The word "visible" as used
17 herein means visible on a dark night with clear
18 atmosphere.
19 2. Class 2: 16 feet or over and less than 26 feet in
20 length. A combination light in the forepart of the boat
21 lower than the white light after, showing green to
22 starboard and red to port, so fixed as to throw a light
23 from dead ahead to 2 points abaft the beam on their
24 respective sides and visible for a distance of not less
25 than 1 mile.

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1 3. Class 3: 26 feet or over and less than 40 feet in
2 length. Lights under International Rules may be shown as
3 an alternative to the above requirements.
4 4. Class 4: 40 feet or over and less than 65 feet in
5 length.
6 B. Every motorboat, underway from sunset to sunrise or
7underway in weather causing reduced visibility, shall carry
8and exhibit the following United States Coast Guard approved
9lights when underway and, during such time, shall not use any
10other lights that may be mistaken for or interfere with those
11prescribed as follows:
12 1. A Class 1 or Class 2 motorboat shall carry the
13 following lights:
14 (a) A bright white light aft to show all around the
15 horizon; and
16 (b) A combined light in the fore part of the
17 watercraft and lower than the white light aft, showing
18 green to starboard and red to port, so fixed as to
19 throw the light from right ahead to 2 points (22.5
20 degrees) abaft the beam on their respective sides.
21 2. A Class 3 or Class 4 motorboat shall carry the
22 following lights:
23 (a) A bright white light in the fore part of the
24 watercraft as near the stern as practicable, so
25 constructed as to show the unbroken light over an arc
26 of the horizon of 20 points (225 degrees) of the

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1 compass, so fixed as to throw the light 10 points
2 (112.5 degrees) on each side of the watercraft,
3 namely, from right ahead to 2 points (22.5 degrees)
4 abaft the beam on either side;
5 (b) A bright white light aft, mounted higher than
6 the white light forward, to show all around the
7 horizon; and
8 (c) On the starboard side, a green light so
9 constructed as to show an unbroken light over an arc of
10 the horizon of 10 points (112.5 degrees) of the
11 compass, so fixed as to throw the light from right
12 ahead to 2 points (22.5 degrees) abaft the beam on the
13 starboard side. On the port side, a red light so
14 constructed as to show an unbroken light over an arc of
15 the horizon of 10 points (112.5 degrees) of the
16 compass, so fixed as to throw the light from right
17 ahead to 2 points (22.5 degrees) abaft the beam on the
18 port side. The side lights shall be fitted with
19 inboard screens so set as to prevent these lights from
20 being seen across the bow.
21 3. A Class 1 or Class 2 motorboat propelled by sail
22 alone shall exhibit the combined light prescribed by
23 paragraph (1) and a 12-point (135 degrees) white light
24 aft. A Class 3 or Class 4 motorboat, when so propelled,
25 shall exhibit the colored side lights, suitably screened
26 as prescribed by paragraph (2) and a 12-point (135

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1 degrees) white light aft.
2 4. Every white light prescribed by this Section shall
3 be of such character as to be visible at a distance of at
4 least 2 miles. Every colored light prescribed by this
5 Section shall be of such character as to be visible at a
6 distance of at least one mile. As used in this subsection
7 "visible", when applied to lights, means visible on a dark
8 night with clear atmosphere.
9 5. If propelled by sail and machinery, a motorboat
10 shall carry the lights required by this Section for a
11 motorboat propelled by machinery only.
12 6. All other watercraft over 65 feet in length and
13 those propelled solely by wind effect on the sail shall
14 display lights prescribed by federal regulations.
15Watercraft propelled by muscular power when underway shall
16carry on board from sunset to sunrise, but not fixed to any
17part of the boat, a lantern or flashlight capable of showing a
18white light visible all around the horizon at a distance of 2
19miles or more, and shall display such lantern in sufficient
20time to avoid collision with another watercraft.
21 C. Nonpowered watercraft shall carry, ready at hand, a
22lantern or flashlight showing a white light that shall be
23exhibited in sufficient time to avert collision. Manually
24propelled watercraft used on the waters of this State where
25power-driven vessels are prohibited are exempt from the
26provisions of this Section. Every vessel 39 feet or more in

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1length shall carry and display when underway such additional
2or alternate lights as shall be required by the U. S. Coast
3Guard for watercraft of equivalent length and type.
4 D. Any watercraft may carry and exhibit the lights
5required by the international regulations in lieu of the
6lights required by subsection B of this Section. Sailboats
7equipped with motors and being propelled partly or solely by
8such motors shall carry and display the same lights required
9for motorboats of the same class. Sailboats being propelled
10entirely by sail between sunset and sunrise shall have lighted
11the combination running light, and a white light visible aft
12only. Sailboats 26 feet or more in length, equipped with
13motors but being propelled entirely by sail between sunset and
14sunrise, shall have lighted the colored side lights suitably
15screened, but not the white lights prescribed for motorboats.
16 E. All watercraft, when anchored, other than in a special
17anchorage area as defined in 33 CFR 109.10, shall, from sunset
18to sunrise, carry and display a steady white light visible all
19around the horizon for a distance of no less than 2 miles.
20Dinghies, tenders and other watercraft, whose principal
21function is as an auxiliary to other larger watercraft, when
22so operating need carry only a flashlight visible to other
23craft in the area, anything in this section to the contrary
24notwithstanding.
25 F. (Blank). Vessels at anchor between the hours of sunset
26and sunrise, except those in a "Special Anchorage Area", shall

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1display such anchor lights as shall be required by the U. S.
2Coast Guard for watercraft of equivalent length and type.
3 G. (Blank). Watercraft operated manually or by motor which
4are located on bodies of water where motors of over 7 1/2
5horsepower are prohibited must be equipped during the hours
6between sunset and sunrise with a lantern or flashlight which
7is capable of showing a beam for 2 miles, anything in this
8Section to the contrary notwithstanding.
9(Source: P.A. 88-524.)
10 (625 ILCS 45/5-3) (from Ch. 95 1/2, par. 315-3)
11 Sec. 5-3. Interference with navigation.
12 (a) No person shall operate any watercraft in a manner
13which unreasonably or unnecessarily interferes with other
14watercraft or with the free and proper navigation of the
15waterways of the State. Anchoring under bridges or in heavily
16traveled channels constitutes such interference if
17unreasonable under the prevailing circumstances.
18 (b) A vessel engaged in fishing shall not impede the
19passage of any other vessel navigating within a narrow channel
20or canal.
21 (c) A vessel nearing a bend or an area of a narrow channel
22or canal where other vessels may be obscured by an intervening
23obstruction shall navigate with alertness and caution and
24shall sound the appropriate audible signal as required by the
25Inland Rules as written by the United States Coast Guard and

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1this Act.
2 (d) A vessel shall avoid anchoring in a narrow channel,
3under bridges, or in heavily traveled channels or canals, if
4unreasonable under the prevailing circumstances.
5(Source: P.A. 82-783.)
6 (625 ILCS 45/5-13) (from Ch. 95 1/2, par. 315-8)
7 Sec. 5-13. Traffic rules.
8 A. The area straight ahead of a vessel to the point that is
922.5 degrees beyond the middle of the vessel on the starboard
10side of the watercraft shall be designated the danger zone. An
11operator of a watercraft shall yield the right-of-way to any
12other watercraft occupying or entering into the danger zone
13that may result in collision. Passing. When 2 boats are
14approaching each other "head on" or nearly so (so as to involve
15risk of collision), each boat must bear to the right and pass
16the other boat on its left side.
17 A-5. Head-on situation.
18 (1) If 2 power-driven vessels are meeting head-on or
19 nearly head-on courses so as to involve risk of collision,
20 each shall alter course to starboard so that each shall
21 pass on the port side of the other.
22 (2) A vessel proceeding along the course of a narrow
23 channel or canal shall keep as near to the outer limit of
24 the channel or canal that lies on the starboard side as is
25 safe and practicable.

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1 (3) A power-driven vessel operating in narrow channels
2 and proceeding downstream shall have the right-of-way over
3 a vessel proceeding upstream. The vessel proceeding
4 upstream shall yield as necessary to permit safe passing.
5 B. Crossing. As used in this Section, "crossing" means 2
6or more watercraft traveling in directions that would have the
7path of travel of the watercraft intersect each other. When
8boats approach each other obliquely or at right angles, the
9boat approaching on the right side has the right of way.
10 (1) If 2 power-driven vessels are crossing so as to
11 involve the risk of collision, the vessel that has the
12 other on the starboard side shall keep out of the way and
13 shall avoid crossing ahead of the other vessel.
14 (2) A power-driven vessel crossing a river shall keep
15 out of the way of a power-driven vessel ascending or
16 descending the river.
17 (3) A vessel may not cross a narrow channel or canal if
18 the crossing impedes the passage of a vessel that can only
19 safely navigate within the channel or canal.
20 C. Overtaking. One boat may overtake another on either
21side but must grant right of way to the overtaken boat.
22 (1) A vessel overtaking any other shall give way to
23 the vessel being overtaken.
24 (2) If a vessel operator is in doubt as to whether he
25 or she is overtaking another vessel, the operator shall
26 assume he or she is overtaking the other vessel and shall

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1 act accordingly.
2 (3) Any subsequent alteration of the bearing between
3 the 2 vessels shall not make the overtaking vessel a
4 crossing vessel within the meaning of this Section or
5 relieve the overtaking operator of the duty to keep clear
6 of the overtaken vessel until finally past and clear.
7 (4) When overtaking in a narrow channel or canal, the
8 operator of a power-driven vessel intending to overtake
9 another power-driven vessel shall proceed to pass safety
10 only after indicating his or her intention by sounding the
11 horn as follows:
12 (a) one short blast from the horn signifies a
13 request to pass on the overtaken vessel's starboard
14 side;
15 (b) 2 short blasts from the horn signify a request
16 to pass on the overtaken vessel's port side.
17 (5) The operator of the power-driven vessel being
18 overtaken shall:
19 (a) acknowledge the request by sounding the same
20 signal; or
21 (b) sound 5 short blasts from the horn to indicate
22 danger or to warn the overtaking vessel not to pass.
23 No response from the overtaken vessel shall be
24 interpreted as an indication of danger and is the same as
25 if 5 short blasts from the horn were sounded. In the
26 absence of an audible signal or horn, a light signal

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1 device using the appropriate number of rapid bursts of
2 light may be used.
3 D. Sailing vessels.
4 (1) The operator of a power-driven vessel shall yield
5 the right-of-way to any nonpowered or sailing vessel
6 unless the nonpowered vessel is overtaking the
7 power-driven vessel or Sailboats and Rowboats. When a
8 motorboat is approaching a boat propelled solely by sails
9 or oars, the motorboat must yield the right of way to the
10 sailboat or rowboat except, when a large craft is
11 navigating in a confined channel, the large craft has the
12 right-of-way right of way over a boat propelled solely by
13 oars or sails.
14 (2) If 2 sailing vessels are approaching one another,
15 so as to involve risk of collision, one of them shall keep
16 out of the way of the other as follows:
17 (a) If each has the wind on a different side, the
18 vessel that has the wind on the port side shall give
19 way to the other vessel.
20 (b) If both have the wind on the same side, the
21 vessel that is to windward shall give way to the vessel
22 that is to leeward.
23 (c) If a vessel with the wind on the port side sees
24 a vessel to windward and cannot determine with
25 certainty whether the other vessel has the wind on the
26 port or starboard side, the vessel shall give way to

HB2499 Enrolled- 22 -LRB102 12818 RJF 18159 b
1 the other vessel.
2(Source: P.A. 82-783.)
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