Text: HF02352 Text: HF02354 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 462A.2, Code 2001, is amended by adding 1 2 the following new subsections: 1 3 NEW SUBSECTION. 16A. "Lanyard" means a cord, rope, or 1 4 wire that connects an operator to a motorboat or motorized 1 5 vessel and is designed to stop the motor when disconnected. 1 6 NEW SUBSECTION. 27A. "Personal watercraft" means a 1 7 vessel, less than sixteen feet in length, that is propelled by 1 8 a water jet pump or similar machinery as its primary source of 1 9 motor propulsion and is designed to be operated by a person 1 10 sitting, standing, or kneeling on the vessel rather than being 1 11 operated by a person sitting, standing, or kneeling inside the 1 12 vessel. 1 13 Sec. 2. Section 462A.6A, subsection 4, Code 2001, is 1 14 amended to read as follows: 1 15 4. A sailboard.However, the registration decal shall be1 16attached to the bottom surface of the bow.1 17 Sec. 3. Section 462A.9, subsection 6, Code Supplement 1 18 2001, is amended to read as follows: 1 19 6. a.EveryThe owner or operator of a vessel shall 1 20 provide that the vessel carry at least one life preserver, 1 21 life belt, ring buoy, or other device,of the sortas 1 22 prescribed by the rules of the commission, for each passenger, 1 23 so placed as to be readily accessible. This does not apply to 1 24 a vessel which is a racing shell used in the sport of sculling 1 25 or to a sailboard while used for windsurfing. 1 26 b. A person shall not operate a personal watercraft unless 1 27 each person aboard the personal watercraft is wearing an 1 28 approved personal flotation device as prescribed by rule of 1 29 the commission. 1 30 Sec. 4. Section 462A.9, Code Supplement 2001, is amended 1 31 by adding the following new subsection: 1 32 NEW SUBSECTION. 6A. The owner of a personal watercraft 1 33 registered in the state shall affix a proper operation decal 1 34 on the personal watercraft in a location that is clearly 1 35 visible to a person sitting in the position of the operator. 2 1 The department shall provide proper operation decals to county 2 2 recorders. The county recorders shall provide a proper 2 3 operation decal to each owner of a personal watercraft when 2 4 the watercraft is registered and assigned an identification 2 5 number. If the proper operation decal is lost, mutilated, or 2 6 becomes illegible, the owner shall obtain a new decal as soon 2 7 as possible from a county recorder or the department. 2 8 Sec. 5. NEW SECTION. 462A.9A WATERCRAFT SAFETY COURSES 2 9 – CERTIFICATION REQUIRED. 2 10 The department shall establish a watercraft safety course 2 11 approved by the commission not later than January 15, 2003. 2 12 The watercraft safety course shall be administered by the 2 13 department. The department may use other organizations and 2 14 volunteers for assistance in designing and implementing the 2 15 watercraft safety course. The watercraft safety course shall 2 16 address all watercraft including personal watercraft in its 2 17 curriculum. Each person who successfully completes an 2 18 approved watercraft safety course shall be issued a watercraft 2 19 safety certificate. However, a person under eighteen years of 2 20 age shall not be issued a certificate of completion without 2 21 the consent of a parent or guardian. A person who is eleven 2 22 years of age or older may enroll in an approved watercraft 2 23 safety course, but a person who is eleven years of age and who 2 24 has successfully completed the course shall only be issued a 2 25 certificate of completion which becomes valid on the person's 2 26 twelfth birthday if the person has received consent from the 2 27 person's parent or guardian. The initial watercraft safety 2 28 certificate shall be issued without a fee. A duplicate 2 29 watercraft safety certificate shall be issued upon request and 2 30 payment of a fee of five dollars. 2 31 Sec. 6. Section 462A.12, subsection 1, Code Supplement 2 32 2001, is amended to read as follows: 2 33 1.NoA person shall not operateanya vessel, or 2 34 manipulateanywater skis, a surfboard, or a similar device in 2 35 a careless, reckless, or negligent manner so as to endanger 3 1 the life, limb, or property of any person. A person shall not 3 2 operate a personal watercraft in a manner that causes the 3 3 personal watercraft to become airborne while the personal 3 4 watercraft crosses the wake of another vessel within one 3 5 hundred feet of the other vessel. 3 6 Sec. 7. Section 462A.12, subsection 6, Code Supplement 3 7 2001, is amended by striking the subsection and inserting in 3 8 lieu thereof the following: 3 9 6. a. (1) As used in this paragraph "a", the term 3 10 "vessel" does not include "personal watercraft". 3 11 (2) Except as provided in paragraph "b", an owner or 3 12 operator of a vessel propelled by a motor of more than ten 3 13 horsepower, including an owner of a boat livery, shall not 3 14 permit a person under twelve years of age to operate the 3 15 vessel unless accompanied in or on the vessel by a responsible 3 16 person of at least eighteen years of age. However, commencing 3 17 January 1, 2005, a person who is twelve years of age or older 3 18 but less than eighteen years of age shall not operate a vessel 3 19 propelled by a motor of more than ten horsepower unless the 3 20 person has successfully completed an approved watercraft 3 21 safety course and has a watercraft safety certificate in 3 22 immediate possession or is accompanied in or on the vessel by 3 23 a responsible person of at least eighteen years of age. 3 24 b. An owner or operator of a personal watercraft, 3 25 including an owner of a boat livery, shall not permit a person 3 26 under fourteen years of age to operate the personal watercraft 3 27 unless accompanied in or on the personal watercraft by a 3 28 responsible person of at least eighteen years of age. 3 29 However, commencing January 1, 2005, a person who is fourteen 3 30 years of age or older but less than eighteen years of age 3 31 shall not operate a personal watercraft unless the person has 3 32 successfully completed an approved watercraft safety course 3 33 and has a watercraft safety certificate in immediate 3 34 possession or is accompanied in or on the personal watercraft 3 35 by a responsible person of at least eighteen years of age. 4 1 c. Watercraft safety certificates from an approved course 4 2 in another state or foreign nation shall meet the requirements 4 3 of this section. A person required to have a watercraft 4 4 safety certificate shall carry the certificate and shall 4 5 exhibit the certificate upon request of an officer of the 4 6 department. 4 7 Sec. 8. Section 462A.12, Code Supplement 2001, is amended 4 8 by adding the following new subsections: 4 9 NEW SUBSECTION. 12. A person operating a personal 4 10 watercraft equipped by the manufacturer with a lanyard-type 4 11 engine cutoff switch shall attach the lanyard to the person's 4 12 body, clothing, or personal flotation device as appropriate 4 13 for the specific personal watercraft. 4 14 NEW SUBSECTION. 13. A person shall not operate a personal 4 15 watercraft at any time between sunset and eight a.m. 4 16 NEW SUBSECTION. 14. A person shall not chase or harass 4 17 wild animals as defined in section 481A.1, while operating a 4 18 personal watercraft. 4 19 EXPLANATION 4 20 This bill includes the following requirements and 4 21 restrictions regarding the operation of various types of 4 22 vessels: 4 23 1. A personal watercraft is defined as a vessel, under 16 4 24 feet in length, that is propelled by a water jet pump or 4 25 similar machinery and is designed to be operated by a person 4 26 sitting, standing, or kneeling on the vessel. 4 27 2. The operator of a personal watercraft is required to 4 28 wear an approved personal flotation device. 4 29 3. The department of natural resources is required to make 4 30 proper operation decals for all personal watercraft and the 4 31 owner is responsible for affixing the decal on the personal 4 32 watercraft where it is clearly visible to the operator. The 4 33 county recorders are responsible for distributing the decals 4 34 when the personal watercraft is registered. 4 35 4. The department of natural resources shall establish a 5 1 watercraft safety course which shall include personal 5 2 watercraft curriculum not later than January 15, 2003. A 5 3 watercraft safety certificate shall be issued without fee upon 5 4 successful completion of the course. A $5 fee shall be 5 5 charged for a duplicate certificate. 5 6 5. A person under 12 years of age shall not operate a 5 7 vessel propelled by a motor of more than 10 horsepower unless 5 8 accompanied by a responsible person of at least 18 years of 5 9 age. However, commencing July 1, 2005, a person who is at 5 10 least 12 years of age but less than 18 years of age shall not 5 11 operate a vessel which is propelled by a motor of more than 10 5 12 horsepower unless accompanied by a responsible person of at 5 13 least 18 years of age or unless the person under 18 years of 5 14 age has successfully completed an approved watercraft safety 5 15 course and has a watercraft safety certificate in the person's 5 16 immediate possession. 5 17 6. An owner or operator of a personal watercraft, 5 18 including the owner of a boat livery, shall not permit a 5 19 person under 14 years of age to operate a personal watercraft 5 20 unless accompanied by a responsible person of at least 18 5 21 years of age. On or after July 1, 2005, a person who is 14 5 22 years of age or older but less than 18 years of age shall not 5 23 operate a personal watercraft unless the person has 5 24 successfully completed an approved watercraft safety course 5 25 and has a watercraft safety certificate in the person's 5 26 immediate possession, or unless the person is accompanied on 5 27 the vessel by a responsible person of at least 18 years of 5 28 age. 5 29 7. The owner or operator of a vessel shall provide that 5 30 the vessel carry at least one life preserver, life belt, ring 5 31 buoy, or other device as prescribed by rules of the natural 5 32 resource commission for each passenger, which is placed to be 5 33 readily accessible. This requirement does not apply to a 5 34 racing shell or sailboard used for wind surfing. 5 35 8. The registration and capacity numbers are no longer 6 1 required to be displayed on the bottom surface of a sailboat 6 2 bow. 6 3 9. Personal watercraft shall not be operated in a manner 6 4 which will cause the personal watercraft to become airborne 6 5 while crossing the wake of another vessel within 100 feet of 6 6 the other vessel. 6 7 10. "Lanyard" is defined as a cord, rope, or wire that 6 8 connects an operator with a motorized vessel and is designed 6 9 to stop the motor when disconnected. 6 10 11. A person operating a personal watercraft equipped by 6 11 the manufacturer with a lanyard-type engine cutoff is required 6 12 to attach the lanyard to the operator's body, clothing, or 6 13 personal flotation device as appropriate. 6 14 12. A person shall not operate a personal watercraft at 6 15 any time after sunset and before eight a.m. of the following 6 16 day. 6 17 13. A person shall not chase or harass wild animals as 6 18 defined in section 481A.1 while operating a personal 6 19 watercraft. 6 20 A violation of this bill is a simple misdemeanor punishable 6 21 by a fine of not less than $50 but not more than $500. The 6 22 court may also order imprisonment of not more than 30 days in 6 23 lieu of or in addition to a fine. 6 24 LSB 6312HH 79 6 25 av/cf/24
Text: HF02352 Text: HF02354 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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