Bill Text: IL SB3813 | 2019-2020 | 101st General Assembly | Introduced

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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 "motorboat" and "operate". Defines "international regulations" and "wearable U.S. Coast Guard approved personal flotation device". Makes additional changes and adds provisions in Sections concerning: personal flotation devices; navigation lights; interference with navigation; and traffic rules.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2021-01-13 - Session Sine Die [SB3813 Detail]

Download: Illinois-2019-SB3813-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB3813 Introduced 2/14/2020, by Sen. Rachelle Crowe SYNOPSIS AS INTRODUCED:
625 ILCS 45/1-2 from Ch. 95 1/2, par. 311-2
625 ILCS 45/4-1 from Ch. 95 1/2, par. 314-1
625 ILCS 45/4-2 from Ch. 95 1/2, par. 314-2
625 ILCS 45/5-3 from Ch. 95 1/2, par. 315-3
625 ILCS 45/5-13 from Ch. 95 1/2, par. 315-8
Amends the Boat Registration and Safety Act. Changes the definitions Section to put the terms in alphabetical order and changes the definitions of "motorboat" and "operate". Defines "international regulations" and "wearable U.S. Coast Guard approved personal flotation device". Makes additional changes and adds provisions in Sections concerning: personal flotation devices; navigation lights; interference with navigation; and traffic rules.
LRB101 18953 HEP 68412 b
A BILL FOR
SB3813 LRB101 18953 HEP 68412 b
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 Sections 1-2, 4-1, 4-2, 5-3, and 5-13 as follows:
(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 any boat (but not including airplanes or
hydroplanes) propelled by machinery applying force against the
air rather than the water as a means of propulsion.
"Competent" means capable of assisting a 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.
"International regulations" means the International

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Regulations for Preventing Collisions at Sea, 1972, including
annexes currently in force for the United States.
"Lifeboat" means a small boat kept on board a larger boat
for use in emergency.
"Motorboat" or "power-driven vessel" means any vessel
propelled by machinery, whether or not such machinery is the
principal source of propulsion, but does not include a vessel
which has a valid marine document issued by the Bureau of
Customs of the United States Government or any Federal agency
successor thereto.
"Nonpowered watercraft" means any canoe, kayak, kiteboard,
paddleboard, float tube, or watercraft not propelled by sail,
canvas, or machinery of any sort.
"Operate" means to navigate or otherwise use or be in
actual physical control of a motorboat or vessel.
"Owner" means a person, other than lien holder, having
title to a motorboat. "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 an individual, partnership, firm,
corporation, association, or other entity.
"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.

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"Personal watercraft" means a vessel that uses an inboard
motor powering a water jet pump as its primary source of motor
power and that is designed to be operated by a person sitting,
standing, or kneeling on the vessel, rather than the
conventional manner of sitting or standing inside the vessel,
and includes vessels that are similar in appearance and
operation but are powered by an outboard or propeller drive
motor.
"Recreational boat" means any vessel manufactured or used
primarily for noncommercial use; or leased, rented, or
chartered to another for noncommercial use.
"Sailboat" means any watercraft propelled by sail or
canvas, including sailboards. For the purposes of this Act, any
watercraft propelled by both sail or canvas and machinery of
any sort shall be deemed a motorboat when being so propelled.
"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.
"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 description of
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

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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.
"Vessel" or "Watercraft" means every description of
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.
"Motorboat" means any vessel propelled by machinery,
whether or not such machinery is the principal source of
propulsion, but does not include a vessel which has a valid
marine document issued by the Bureau of Customs of the United
States Government or any Federal agency successor thereto.
"Non-powered watercraft" means any canoe, kayak,
kiteboard, paddleboard, float tube, or watercraft not
propelled by sail, canvas, or machinery of any sort.
"Sailboat" means any watercraft propelled by sail or
canvas, including sailboards. For the purposes of this Act, any
watercraft propelled by both sail or canvas and machinery of
any sort shall be deemed a motorboat when being so propelled.

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"Airboat" means any boat (but not including airplanes or
hydroplanes) propelled by machinery applying force against the
air rather than the water as a means of propulsion.
"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.
"Lifeboat" means a small boat kept on board a larger boat
for use in emergency.
"Owner" means a person, other than lien holder, having
title to a motorboat. The term 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, but the term excludes
a lessee under a lease not intended as security.
"Waters of this State" means any water within the
jurisdiction of this State.
"Person" means an individual, partnership, firm,
corporation, association, or other entity.
"Operate" means to navigate or otherwise use a motorboat or
vessel.
"Department" means the Department of Natural Resources.

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"Competent" means capable of assisting a skier in case of
injury or accident.
"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.
"Recreational boat" means any vessel manufactured or used
primarily for noncommercial use; or leased, rented or chartered
to another for noncommercial use.
"Personal watercraft" means a vessel that uses an inboard
motor powering a water jet pump as its primary source of motor
power and that is designed to be operated by a person sitting,
standing, or kneeling on the vessel, rather than the
conventional manner of sitting or standing inside the vessel,
and includes vessels that are similar in appearance and
operation but are powered by an outboard or propeller drive
motor.
"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.
"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.
(Source: P.A. 97-1136, eff. 1-1-13.)
(625 ILCS 45/4-1) (from Ch. 95 1/2, par. 314-1)

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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 PFD 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 PFD approved by
the United States Coast Guard. 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. United States
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
approval number demonstrating that the device has been

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approved by the United States Coast Guard;
3. of the appropriate size for the person for whom it
is intended;
4. in the case of a wearable PFD, readily accessible
aboard the watercraft;
5. in the case of a throwable PFD, immediately
available for use;
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 United States
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 a watercraft under 26 feet in
length unless an approved and appropriate sized United States
Coast Guard personal flotation device is being properly worn by
each person under the age of 13 on board the watercraft at all
times in which the watercraft is underway; however, this
requirement shall not apply to persons who are below decks or
in totally enclosed cabin spaces. The provisions of this
subsection I shall not apply to a person operating a watercraft
on an individual's private property.
J. Racing shells, rowing sculls, racing canoes, and racing

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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. 100-469, eff. 6-1-18; 100-863, eff. 8-14-18.)
(625 ILCS 45/4-2) (from Ch. 95 1/2, par. 314-2)
Sec. 4-2. Navigation lights Lights.
A. Watercraft subject to this Section shall be divided into
classes as follows: It is unlawful to operate any vessel less
than 39 feet in length unless the following lights are carried
and displayed when underway from sunset to sunrise:
1. Class 1: Less than 16 feet in length. A bright,
white light after to show all around the horizon, visible
for a distance of 2 miles. The word "visible" as used
herein means visible on a dark night with clear atmosphere.
2. Class 2: 16 feet or over and less than 26 feet in
length. A combination light in the forepart of the boat
lower than the white light after, showing green to
starboard and red to port, so fixed as to throw a light
from dead ahead to 2 points abaft the beam on their
respective sides and visible for a distance of not less
than 1 mile.
3. Class 3: 26 feet or over and less than 40 feet in
length. Lights under International Rules may be shown as an

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alternative to the above requirements.
4. Class 4: 40 feet or over and not more than 65 feet
in length.
B. Every motorboat, in all weather from sunset to sunrise
or in all weather causing reduced visibility, shall carry and
exhibit the following United States Coast Guard approved lights
when underway and, during such time, no other lights that may
be mistaken for or interfere with those prescribed shall be
exhibited: Watercraft propelled by muscular power when
underway shall carry on board from sunset to sunrise, but not
fixed to any part of the boat, a lantern or flashlight capable
of showing a white light visible all around the horizon at a
distance of 2 miles or more, and shall display such lantern in
sufficient time to avoid collision with another watercraft.
(1) A Class 1 or Class 2 motorboat shall carry the
following lights:
(a) A bright white light aft to show all around the
horizon.
(b) A combined light in the fore part of the
watercraft and lower than the white light aft, showing
green to starboard and red to port, so fixed as to
throw the light from right ahead to 2 points (22.5
degrees) abaft the beam on their respective sides.
(2) A Class 3 or Class 4 motorboat shall carry the
following lights:
(a) A bright white light in the fore part of the

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watercraft as near the stem as practicable, so
constructed as to show the unbroken light over an arc
of the horizon of 20 points (225 degrees) of the
compass, so fixed as to throw the light 10 points
(112.5 degrees) on each side of the watercraft, namely,
from right ahead to 2 points (22.5 degrees) abaft the
beam on either side.
(b) A bright white light aft, mounted higher than
the white light forward, to show all around the
horizon.
(c) On the starboard side, a green light so
constructed as to show an unbroken light over an arc of
the horizon of 10 points (112.5 degrees) of the
compass, so fixed as to throw the light from right
ahead to 2 points (22.5 degrees) abaft the beam on the
starboard side. On the port side, a red light so
constructed as to show an unbroken light over an arc of
the horizon of 10 points (112.5 degrees) of the
compass, so fixed as to throw the light from right
ahead to 2 points (22.5 degrees) abaft the beam on the
port side. The side lights shall be fitted with inboard
screens so set as to prevent these lights from being
seen across the bow.
(3) A Class 1 or Class 2 Motorboat propelled by sail
alone shall exhibit the combined light prescribed by
paragraph (1) and a 12-point (135 degrees) white light aft.

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A Class 3 or Class 4 Motorboat, when so propelled, shall
exhibit the colored side lights, suitably screened as
prescribed by paragraph (2) and a 12-point (135 degrees)
white light aft.
(4) Every white light prescribed by this Section shall
be of such character as to be visible at a distance of at
least 2 miles. Every colored light prescribed by this
Section shall be of such character as to be visible at a
distance of at least one mile. As used in this subsection
"visible", when applied to lights, means visible on a dark
night with clear atmosphere.
(5) If propelled by sail and machinery, a motorboat
shall carry the lights required by this Section for a
motorboat propelled by machinery only.
(6) All other watercraft over 65 feet in length and
those propelled solely by wind effect on the sail shall
display lights prescribed by federal regulations.
C. Manually propelled 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. Every vessel 39 feet or more in
length shall carry and display when underway such additional or
alternate lights as shall be required by the U. S. Coast Guard
for watercraft of equivalent length and type.

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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. Sailboats equipped with motors
and being propelled partly or solely by such motors shall carry
and display the same lights required for motorboats of the same
class. Sailboats being propelled entirely by sail between
sunset and sunrise shall have lighted the combination running
light, and a white light visible aft only. Sailboats 26 feet or
more in length, equipped with motors but being propelled
entirely by sail between sunset and sunrise, shall have lighted
the colored side lights suitably screened, but not the white
lights prescribed for motorboats.
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.
Dinghies, tenders and other watercraft, whose principal
function is as an auxiliary to other larger watercraft, when so
operating need carry only a flashlight visible to other craft
in the area, anything in this section to the contrary
notwithstanding.
F. (Blank). Vessels at anchor between the hours of sunset
and sunrise, except those in a "Special Anchorage Area", shall
display such anchor lights as shall be required by the U. S.
Coast Guard for watercraft of equivalent length and type.
G. (Blank). Watercraft operated manually or by motor which

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are located on bodies of water where motors of over 7 1/2
horsepower are prohibited must be equipped during the hours
between sunset and sunrise with a lantern or flashlight which
is capable of showing a beam for 2 miles, anything in this
Section to the contrary notwithstanding.
(Source: P.A. 88-524.)
(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. Anchoring under bridges or in heavily
traveled channels constitutes such interference if
unreasonable under the prevailing circumstances.
(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
and International Navigation 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

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unreasonable under the prevailing circumstances.
(Source: P.A. 82-783.)
(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. Passing. When 2 boats are
approaching each other "head on" or nearly so (so as to involve
risk of collision), each boat must bear to the right and pass
the other boat on its left side.
A-5. Head-on situation.
(1) If 2 power-driven vessels are meeting head-on or nearly
head-on courses so as to involve risk of collision, each shall
alter course to starboard so that each shall pass on the port
side of the other.
(2) A vessel proceeding along the course of a narrow
channel or canal shall keep as near to the outer limit of the
channel or canal that lies on the starboard side as is safe and
practicable.
(3) A power-driven vessel operating in narrow channels and
proceeding downstream shall have the right-of-way over a vessel
proceeding upstream. The vessel proceeding upstream shall

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yield as necessary to permit safe passing.
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. When
boats approach each other obliquely or at right angles, the
boat approaching on the right side has the right of way.
(1) If 2 power-driven vessels are crossing so as to involve
the risk of collision, the vessel that has the other on the
starboard side shall keep out of the way and shall avoid
crossing ahead of the other vessel.
(2) A power-driven vessel crossing a river shall keep out
of the way of a power-driven vessel ascending or descending the
river.
(3) A vessel may not cross a narrow channel or canal if the
crossing impedes the passage of a vessel that can only safely
navigate within the channel or canal.
C. Overtaking. One boat may overtake another on either side
but must grant right of way to the overtaken boat.
(1) A vessel overtaking any other shall give way to the
vessel being overtaken.
(2) If a vessel operator is in doubt as to whether he or
she is overtaking another vessel, the operator shall assume
that is the case and act accordingly.
(3) Any subsequent alteration of the bearing between the 2
vessels shall not make the overtaking vessel a crossing vessel
within the meaning of this Section or relieve the overtaking

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operator of the duty of keeping clear of the overtaken vessel
until finally past and clear.
(4) In a narrow channel or canal when overtaking, the
operator of a power-driven vessel intending to overtake another
power-driven vessel shall proceed to pass safety only after
indicating his or her intention by sounding the horn as
follows:
(a) one short blast from the horn signifies a request
to pass on the overtaken vessel's starboard side;
(b) 2 short blasts from the horn signifies a request to
pass on the overtaken vessel's port side.
(5) The operator of the power-driven vessel being overtaken
shall:
(a) acknowledge the request by sounding the same
signal; or
(b) sound 5 short blasts from the horn to indicate
danger or do not pass.
No response from the overtaken vessel shall be interpreted
as an indication of danger and the same as if 5 short blasts
from the horn were sounded.
In the absence of an audible signal or horn, a light signal
device using the appropriate number of rapid bursts of light
may be used.
D. Sailing vessels.
(1) The operator of a power-driven vessel shall yield the
right-of-way to any nonpowered or sailing vessel unless the

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nonpowered vessel is overtaking the power-driven vessel or
Sailboats and Rowboats. When a motorboat is approaching a boat
propelled solely by sails or oars, the motorboat must yield the
right of way to the sailboat or rowboat except, when a large
craft is navigating in a confined channel, the large craft has
the right-of-way right of way over a boat propelled solely by
oars or sails.
(2) If 2 sailing vessels are approaching one another, so as
to involve risk of collision, one of them shall keep out of the
way of the other as follows:
(a) If each has the wind on a different side, the
vessel that has the wind on the port side shall give way to
the other vessel.
(b) If both have the wind on the same side, the vessel
that is to windward shall give way to the vessel that is to
leeward.
(c) If a vessel with the wind on the port side sees a
vessel to windward and cannot determine with certainty
whether the other vessel has the wind on the port or
starboard side, the vessel shall give way to the other
vessel.
(3) As used in this subsection, "windward side" means the
side opposite to that on which the mainsail is carried or, in
the case of a square-rigged vessel, the side opposite to that
on which the largest fore-and-aft sail is carried.
(Source: P.A. 82-783.)