Text: SF00331 Text: SF00333 Text: SF00300 - SF00399 Text: SF 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 which 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, which is propelled 1 8 by a water jet pump or similar machinery as its primary source 1 9 of 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 2001, is 1 18 amended to read as follows: 1 19 6. a.EveryThe owner or operator of each 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 is wearing an approved personal flotation 1 28 device as prescribed by rule of the commission. 1 29 Sec. 4. Section 462A.9, Code 2001, is amended by adding 1 30 the following new subsection: 1 31 NEW SUBSECTION. 6A. The owner of each personal watercraft 1 32 registered in the state shall affix a proper operation decal 1 33 on the vessel in a location that is clearly visible to a 1 34 person sitting in the position of the operator. The 1 35 department shall provide proper operation decals to county 2 1 recorders. County recorders shall provide a proper operation 2 2 decal to each owner of a personal watercraft when the 2 3 watercraft is registered and assigned an identification 2 4 number. If the proper operation decal is lost, mutilated, or 2 5 becomes illegible, the owner shall obtain a new decal as soon 2 6 as possible from a county recorder or the department. 2 7 Sec. 5. NEW SECTION. 462A.9A WATERCRAFT SAFETY COURSES 2 8 CERTIFICATION REQUIRED. 2 9 The department shall establish a watercraft safety course 2 10 approved by the commission not later than January 15, 2002. 2 11 The watercraft safety course shall be administered by the 2 12 department. A person who is eleven years of age or older may 2 13 enroll in an approved watercraft safety course, but a person 2 14 who is eleven years of age and who has successfully completed 2 15 the course shall only be issued a certificate of completion 2 16 which becomes valid on the person's twelfth birthday. The 2 17 department may use other organizations and volunteers for 2 18 assistance in designing and implementing the watercraft safety 2 19 course. The watercraft safety course shall include all 2 20 watercraft including personal watercraft in its curriculum and 2 21 shall be taught in at least twelve counties commencing no 2 22 later than January 15, 2002. Not later than January 15, 2004, 2 23 the watercraft safety course shall be taught in at least one- 2 24 half of the counties in this state. Each person who 2 25 successfully completes an approved watercraft safety course 2 26 shall be issued a watercraft safety certificate. The initial 2 27 watercraft safety certificate shall be issued without a fee. 2 28 A duplicate watercraft safety certificate shall be issued upon 2 29 request upon payment of a fee of five dollars. 2 30 Sec. 6. Section 462A.12, subsection 1, Code 2001, is 2 31 amended to read as follows: 2 32 1.NoA person shall not operate any vessel, or manipulate 2 33 any water skis, surfboard, or similar device in a careless, 2 34 reckless, or negligent manner so as to endanger the life, 2 35 limb, or property of any person. A person shall not operate a 3 1 personal watercraft in a manner that causes the personal 3 2 watercraft to become airborne while the personal watercraft 3 3 crosses the wake of another vessel within one hundred feet of 3 4 the other vessel. 3 5 Sec. 7. Section 462A.12, subsection 6, Code 2001, is 3 6 amended by striking the subsection and inserting in lieu 3 7 thereof the following: 3 8 6. a. An owner or operator of any vessel propelled by a 3 9 motor of more than ten horsepower, including an owner of a 3 10 boat livery, shall not permit any person under twelve years of 3 11 age to operate the vessel unless accompanied in or on the same 3 12 vessel by a responsible person of at least eighteen years of 3 13 age. However, commencing July 1, 2004, a person who is twelve 3 14 years of age or older but less than eighteen years of age 3 15 shall not operate any vessel propelled by a motor of more than 3 16 ten horsepower unless the person has successfully completed an 3 17 approved watercraft safety course and has a watercraft safety 3 18 certificate in immediate possession or is accompanied in or on 3 19 the same vessel by a responsible person of at least eighteen 3 20 years of age. Watercraft safety certificates from an approved 3 21 course in another state or foreign nation will meet the 3 22 requirements of this section. A person required to have a 3 23 watercraft safety certificate shall carry and shall exhibit 3 24 the certificate upon request of an officer of the department. 3 25 A person who is eleven years of age or older may take and 3 26 successfully complete a water safety course, but the 3 27 certificate of completion shall not be valid until the 3 28 person's twelfth birthday. 3 29 b. After July 1, 2002, an owner or operator of a personal 3 30 watercraft, including an owner of a boat livery, shall not 3 31 permit any person who is under twelve years of age to operate 3 32 a personal watercraft unless accompanied on the same vessel by 3 33 a responsible person of at least eighteen years of age. A 3 34 person who is twelve years of age or older but less than 3 35 eighteen years of age shall not operate a personal watercraft 4 1 unless the person has successfully completed an approved 4 2 watercraft safety course and has a water safety certificate in 4 3 immediate possession or is accompanied on the same vessel by a 4 4 responsible person of at least eighteen years of age. 4 5 Watercraft safety certificates from an approved course in 4 6 another state or foreign nation will meet the requirements of 4 7 this section. A person required to have a watercraft safety 4 8 certificate shall carry and shall exhibit the certificate upon 4 9 request of an officer of the department. 4 10 Sec. 8. Section 462A.12, subsection 6, paragraph b, as 4 11 enacted in this Act, is amended by striking the paragraph. 4 12 Sec. 9. Section 462A.12, Code 2001, is amended by adding 4 13 the following new subsections: 4 14 NEW SUBSECTION. 12. A person operating a personal 4 15 watercraft equipped by the manufacturer with a lanyard-type 4 16 engine cutoff switch shall attach the lanyard to the person's 4 17 body, clothing, or personal flotation device as appropriate 4 18 for the specific personal watercraft. 4 19 NEW SUBSECTION. 13. A person shall not operate a personal 4 20 watercraft at any time between sunset and eight a.m. 4 21 NEW SUBSECTION. 14. A person shall not chase or harass 4 22 wild animals while operating a personal watercraft. 4 23 Sec. 10. Section 805.8, subsection 3, paragraph b, Code 4 24 2001, is amended to read as follows: 4 25 b. For violations of registration, identification, and 4 26 record provisions under sections 462A.4 and 462A.10 and for 4 27 unused or improper or defective equipment under section 4 28 462A.9, subsections 2, 6, 6A, 7, 8, and 13, and section 4 29 462A.11 and for operation violations under sections 462A.26, 4 30 462A.31, and 462A.33, the scheduled fine is twenty dollars. 4 31 Sec. 11. EFFECTIVE DATE. Section 8 of this Act takes 4 32 effect July 1, 2004. 4 33 EXPLANATION 4 34 This bill includes the following requirements and 4 35 restrictions regarding the operation of various types of 5 1 vessels: 5 2 1. A personal watercraft is defined as a vessel, under 16 5 3 feet in length, which is propelled by a water jet pump or 5 4 similar machinery and is designed to be operated by a person 5 5 sitting, standing, or kneeling on the vessel. 5 6 2. The operator of a personal watercraft is required to 5 7 wear an approved personal flotation device. 5 8 3. This bill provides that the department make proper 5 9 operation decals for all personal watercraft and that the 5 10 owner is responsible for affixing the decal on the vessel 5 11 where it is clearly visible to the operator. The county 5 12 recorders are responsible for distributing the decals when the 5 13 watercraft is registered. A violation of this provision 5 14 relating to a registration decal is punishable by a scheduled 5 15 fine of $20. 5 16 4. The department of natural resources shall establish a 5 17 watercraft safety course which shall include personal 5 18 watercraft curriculum and be taught in at least 12 counties 5 19 not later than January 15, 2002. Not later than January 15, 5 20 2004, the watercraft safety course shall be taught in at least 5 21 one-half of the counties. A watercraft safety certificate 5 22 shall be issued without fee upon successful completion of the 5 23 course. A five dollar fee shall be charged for a duplicate 5 24 certificate. 5 25 5. A person under 12 years of age shall not operate a 5 26 vessel propelled by a motor of more than 10 horsepower unless 5 27 accompanied by a responsible person of at least 18 years of 5 28 age. However, commencing July 1, 2004, a person who is at 5 29 least 12 years of age but less than 18 years of age shall not 5 30 operate a vessel which is propelled by a motor of more than 10 5 31 horsepower unless accompanied by a responsible person of at 5 32 least 18 years of age or unless the person under 18 years of 5 33 age has successfully completed an approved watercraft safety 5 34 course and has a watercraft safety certificate in immediate 5 35 possession. 6 1 6. After July 1, 2002, an owner or operator of a personal 6 2 watercraft, including the owner of a boat livery, shall not 6 3 permit a person under 12 years of age to operate a personal 6 4 watercraft unless accompanied by a responsible person of at 6 5 least 18 years of age or unless the person who is 12 years of 6 6 age or older or less than 18 years of age has successfully 6 7 completed an approved watercraft safety course and has a 6 8 watercraft safety certificate in immediate possession. This 6 9 provision is stricken effective July 1, 2004. 6 10 7. The owner or operator of each vessel shall provide that 6 11 the vessel carry at least one life preserver, life belt, ring 6 12 buoy, or other device as prescribed by rules of the commission 6 13 for each passenger, which is placed to be easily accessible. 6 14 This requirement does not apply to a racing shell or sailboard 6 15 used for wind surfing. 6 16 8. The registration and capacity numbers are no longer 6 17 required to be displayed on the bottom surface of a sailboat 6 18 bow. 6 19 9. Personal watercraft shall not be operated in a manner 6 20 which will cause the personal watercraft to become airborne 6 21 while crossing the wake of another vessel within 100 feet of 6 22 the other vessel. 6 23 10. "Lanyard" is defined as a cord, rope, or wire, which 6 24 connects an operator with a motorized vessel and is designed 6 25 to stop the motor when disconnected. 6 26 11. A person operating a personal watercraft equipped by 6 27 the manufacturer with a lanyard-type engine cutoff is required 6 28 to attach the lanyard to the operator's body, clothing, or 6 29 personal flotation device as appropriate. 6 30 12. A person shall not operate a personal watercraft at 6 31 any time after sunset and before eight a.m. of the following 6 32 day. 6 33 13. A person shall not chase or harass wild animals while 6 34 operating a personal watercraft. 6 35 A violation of operating requirements and restrictions in 7 1 sections 6, 7, and 9 of this bill is punishable by a scheduled 7 2 fine of $25. 7 3 LSB 2760SS 79 7 4 tj/cls/14
Text: SF00331 Text: SF00333 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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