SENATE BILL NO. 329

INTRODUCED BY J. ELLINGSON

A BILL FOR AN ACT ENTITLED: "AN ACT REVISING STATUTES RELATED TO BOATING SAFETY BY REQUIRING THAT THE OPERATOR OF A RENTED PERSONAL WATERCRAFT AND ANY OPERATOR OF A PERSONAL WATERCRAFT WHO IS UNDER 18 YEARS OF AGE POSSESS A VALID MONTANA MOTORBOAT OPERATOR'S SAFETY CERTIFICATE OR EVIDENCE OF COMPLETION OF A STATE-APPROVED WATER SAFETY COURSE; REQUIRING THAT A PERSONAL WATERCRAFT USED TO TOW A WATERSKIER MUST HAVE A CARRYING CAPACITY OF AT LEAST THREE PERSONS AND THAT AT LEAST ONE PERSON SHALL ACCOMPANY THE OPERATOR AS AN OBSERVER; PROHIBITING THE OPERATION OF A PLEASURE VESSEL WITHIN 200 FEET OF THE EXTERIOR BOUNDARY OF A WATER AREA THAT IS CLEARLY MARKED AS A BATHING OR SWIMMING AREA UNLESS DOCKING AND OPERATING AT A NO-WAKE SPEED; PROHIBITING THE OPERATION, WITHOUT PERMISSION, OF A VESSEL WITHIN 200 FEET OF A PERSON ENGAGED IN FISHING, UNLESS UNAVOIDABLE; INCREASING THE NO-WAKE SAFETY ZONE APPLICABLE TO MOTORBOAT OPERATION FROM WITHIN 100 FEET TO WITHIN 200 FEET OF A TOW-FLOAT OR BUOY DISPLAYING A "DIVER-DOWN" SYMBOL; INCREASING THE NO-WAKE ZONE APPLICABLE TO PERSONAL WATERCRAFT OPERATION FROM WITHIN 100 FEET TO WITHIN 200 FEET OF A DOCK, SWIMMER, SWIMMING RAFT, NONMOTORIZED BOAT, OR ANCHORED VESSEL ON A LAKE; REQUIRING THAT THE BOATING EDUCATION PROGRAM INCLUDE INSTRUCTION ON THE SAFE OPERATION OF PERSONAL WATERCRAFT; AMENDING SECTIONS 23-2-523, 23-2-525, 23-2-530, AND 23-2-531, MCA; AND PROVIDING A DELAYED EFFECTIVE DATE."

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

Section 1. Section 23-2-523, MCA, is amended to read:

"23-2-523. Prohibited operation and mooring -- enforcement. (1) A person may not operate or knowingly permit a person to operate a motorboat or vessel or manipulate waterskis, a surfboard, or a similar device or other contrivance in a reckless or negligent manner so as to endanger the life, limb, or property of a person by:

(a) engaging in maneuvers that unreasonably or unnecessarily endanger life, limb, or property, including but not limited to weaving through congested vessel traffic or jumping the wake of another vessel unreasonably or unnecessarily close to the other vessel or when visibility around the other vessel is obstructed and including swerving at the last possible moment to avoid collision, following directly behind a waterskier, speeding in confined or restricted areas, and buzzing or wetting down others, which constitute reckless operation of a vessel;

(b) crossing or jumping the wake of another vessel when within 100 yards of the vessel or within 100 yards of a waterskier being towed by the vessel, except when directly entering or leaving a public or private marina, waterski facility, or other watercraft docking or loading area;

(c) operating a personal watercraft to tow a waterskier unless the personal watercraft has a carrying capacity of at least three persons and at least one person accompanies the operator as an observer.

(2) A person may not operate a motorboat, including a sailboat propelled by a motor of any kind, or manipulate waterskis, a surfboard, or a similar device attached to a motorboat while under the influence of alcohol, drugs, or a combination of the two.

(3) It is unlawful for the owner of a motorboat or vessel or a person having the motorboat or vessel in charge or in control to authorize or knowingly permit the motorboat or vessel to be operated by a person who by reason of physical or mental disability is incapable of operating the watercraft under the prevailing circumstances.

(4) A person may not operate or knowingly permit a person to operate a motorboat or vessel at a rate of speed greater than will permit the person, in the exercise of reasonable care, to bring the vessel to a stop within the assured clear distance ahead. However, nothing in this part is intended to prevent the operator of a vessel actually competing in a regatta that is sanctioned by an appropriate governmental unit from attempting to attain high speeds on a marked racing course.

(5) A person may not make a reckless approach to, departure from, or passage by a dock, ramp, diving board, or float.

(6) Skiers being pulled by motorboats must have on their person a United States coast guard approved personal flotation device in good and serviceable condition.

(7) A person may not moor a vessel to buoys or beacons placed in any waters of this state by the authority of the United States, an agency of the United States, or the department or in any manner hang on with a vessel to a buoy or beacon, except in the act of maintenance work on the buoy or beacon, nor may any person deface, remove, or destroy a buoy, beacon, or other authorized navigational marker maintained in the waters of this state.

(8) If an officer whose duty it is to enforce this law observes a vessel being used without sufficient lifesaving or firefighting devices or in an overloaded or other unsafe condition and in the officer's judgment the use creates an especially hazardous condition, the officer may direct the operator to take whatever immediate and reasonable steps would be necessary for the safety of those aboard the vessel, including directing the operator to return to a mooring or launching site and to remain there until the situation creating the hazard is corrected or ended.

(9) The population density and heavy recreational use of certain lakes require a noise standard more restrictive than the standard set in 23-2-526 in order to protect the public health and safety. Unless operated on a river or stream in compliance with a rule adopted under 23-2-521, a person may not operate a motorboat or personal watercraft on Flathead Lake, situated in Lake and Flathead Counties, Echo Lake, situated in Flathead County, or Swan Lake, situated in Lake County, in proximity to the shoreline if the noise emitted is greater than 75 dbA measured at the shoreline in accordance with the shoreline sound level measurement procedure (SAE J1970).

(10) (a) Unless accompanied by a person who is 18 years of age or older, a person who is 12 years of age or younger may not operate a motorboat that is powered by a motor rated at more than 10 horsepower.

(b) A person who is 13 or 14 years of age may not operate a motorboat that is powered by a motor rated at more than 10 horsepower unless the person possesses a valid Montana motorboat operator's safety certificate or evidence of completion of a Montana-approved water safety course or is accompanied by a person who is 18 years of age or older.

(c) A person who owns or has charge or control of a motorboat that is powered by a motor rated at more than 10 horsepower may not authorize or knowingly permit that motorboat to be operated by a person who is 12 years of age or younger unless accompanied by a person who is 18 years of age or older.

(d) A person who owns or has charge of a motorboat may not authorize or knowingly permit the motorboat to be operated by a person who is 13 or 14 years of age unless the person possesses a valid Montana motorboat operator's safety certificate or evidence of completion of a Montana-approved water safety course or is accompanied by a person who is 18 years of age or older.

(e) A person may not rent a motorboat that is powered by a motor rated at more than 10 horsepower to a person who is under 18 years of age.

(11) (a) A person who is 12 years of age or younger may not operate a personal watercraft.

(b) A person who is 13 years of age or older and under 18 years of age may not operate a personal watercraft unless the person possesses a valid Montana motorboat operator's safety certificate or evidence of completion of a state-approved personal watercraft course.

(c) A person who owns or has charge of a personal watercraft may not authorize or knowingly permit the personal watercraft to be operated by a person who is 12 years of age or younger.

(d) A person who owns or has charge of a personal watercraft may not authorize or knowingly permit the personal watercraft to be operated by a person who is 13 years of age or older and under 18 years of age unless the operator possesses a valid Montana motorboat operator's safety certificate or evidence of completion of a state-approved personal watercraft course.

(e) A person may not rent a personal watercraft unless the person is 14 years of age or older and unless all persons who will be allowed to use the personal watercraft are 14 years of age or older and possess valid Montana motorboat operator's safety certificates or evidence of completion of a state-approved personal watercraft course.

(f) A person may not operate a rented personal watercraft upon the waters of this state unless the person possesses a valid Montana motorboat operator's safety certificate or evidence of completion of a state-approved water safety course.

(12) The valid Montana motorboat operator's safety certificate or evidence of completion of a state-approved water safety course or personal watercraft course required in subsections (10) and (11) must be carried on the motorboat or the personal watercraft during operation and displayed to a law enforcement officer upon request."

Section 2. Section 23-2-525, MCA, is amended to read:

"23-2-525. Restricted areas. (1) A person may not anchor a vessel or other obstacle for fishing or pleasure purposes on any body of water over which the state has jurisdiction in a position that obstructs a passageway ordinarily used by other vessels.

(2) A person may not operate a pleasure vessel within 200 feet of the exterior boundary of a water area that is clearly marked by buoys or some other distinguishing device as a bathing or swimming area unless the person is docking the vessel and operating the vessel at a no-wake speed. Swimming areas must be marked with white buoys having international orange markings in conformance with the uniform state waterway marking system by the owners of the areas.

(3) A person may not, without permission, operate or knowingly permit any person to operate a vessel within 200 feet of a person engaged in fishing, unless unavoidable.

(4) (a) A person may not purposely, knowingly, or negligently operate a motorboat upon the waters of this state within 200 feet of a tow-float or buoy displaying a "diver-down" symbol, red with a white slash, on a flag.

(b) The motorboat may enter the 200-foot safety zone by use of sail or oar. In an emergency or if there is insufficient water on either side of the 200-foot safety zone to pass by and stay out of the zone, the operator may use power within the zone but may not exceed no-wake speed. The burden of proving that an emergency exists or that there is insufficient water is on the operator.

(c) The fish, wildlife, and parks commission may by rule determine areas where establishment of a 200-foot safety zone is not allowed in order to provide for diver safety or the regulation of water traffic."

Section 3. Section 23-2-530, MCA, is amended to read:

"23-2-530. Education program. (1) The department shall coordinate a statewide boat safety education program, including a home study testing program for motorboat operators. The boat safety education program must include instruction on the safe operation of personal watercraft.

(2) The department shall develop a water safety course designed for personal watercraft operators and may authorize personal watercraft dealers and rental facilities to provide the course to users and issue a certificate upon a user's successful completion of the course. The dealer or rental facility shall maintain copies of each certificate, make the copies available for inspection by the department at any reasonable time during the boating season, and submit all of the copies to the department by November 1 of each year."

Section 4. Section 23-2-531, MCA, is amended to read:

"23-2-531. Personal watercraft operation. In addition to applicable provisions in this part, a person may not operate a personal watercraft:

(1) unless a person operating or riding on the vessel is wearing a United States coast guard approved type I, II, III, or V personal flotation device;

(2) if the vessel is equipped by the manufacturer with a lanyard type engine cutoff switch unless the lanyard is attached to the operator's person, clothing, or personal flotation device as is appropriate for the specific vessel;

(3) (a) except as provided for standup personal watercraft in subsection (3)(b), at greater than no-wake speed within 200 feet of a dock, swimmer, swimming raft, nonmotorized boat, or anchored vessel on a lake or within 50 feet of a dock, swimmer, swimming raft, nonmotorized boat, or anchored vessel on a river, except as provided in 23-2-525(4); or

(b) at greater than minimum maneuvering speed for a standup personal watercraft when leaving or returning directly from or to a dock or shore for the purpose of launching or docking; or

(4) in a reckless or negligent manner. Actions prohibited in 23-2-523 are considered reckless operation."

NEW SECTION. Section 5. Effective date. [This act] is effective May 1, 2000.

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