HB0008 - Game and fish-watercraft.
2001 |
State of Wyoming |
01LSO-0016.E1 ENGROSSED |
HOUSE BILL NO. HB0008
Game and fish-watercraft.
Sponsored by: Joint Travel, Recreation, Wildlife and
Cultural Resources Interim Committee
A BILL
for
1 AN ACT relating to
watercraft; expanding and clarifying
2
motorboat registration and numbering provisions; increasing
3
fees; expanding and clarifying watercraft accident
4
reporting requirements; imposing and clarifying penalties;
5
prohibiting specified acts by watercraft operators;
6
clarifying regulatory requirements as specified; specifying
7
and clarifying law enforcement provisions and authorizing
8
seizure of watercraft; and providing for an effective date.
9
10 Be It Enacted by the Legislature of the State of Wyoming:
11
12 Section 1. W.S. 41-13-220 is created to read:
13
14 41-13-220. Eluding an officer;
emergency watercraft
15 equipment restricted.
16
Page 1
1 (a) Any person
operating a watercraft shall upon
2
observing a visual or hearing an audible signal from a law
3
enforcement officer enforcing this act and rules and
4
regulations of the commission, bring the watercraft to an
5
immediate stop. No person, after observing a visual or
6
hearing an audible signal from a law enforcement officer
7
enforcing this act and rules and regulations of the
8
commission, shall attempt to elude a law enforcement
9
officer by watercraft or any other means.
10
11 (b) Red or blue
rotating or flashing lights shall not
12 be displayed and sirens shall not be
used on watercraft
13 except as authorized for watercraft
operated or used by law
14 enforcement and emergency
watercraft.
15
16 Section
2. W.S. 41-13-101(a)(ix),
41-13-102,
17 41-13-104(b), (f), (h), (k) and (m),
41-13-105(b) and by
18 creating new subsections (c) through
(e), 41-13-106,
19 41-13-111, 41-13-208, 41-13-209(a)
and (b), 41-13-211(a),
20 41-13-215, 41-13-216(a) and (c) and
41-13-219 are amended
21 to read:
22
23 41-13-101. Definitions; classification of motorboats.
24
Page 2
1 (a) As used in this act:
2
3 (ix) "This
act" means W.S. 41-13-101 through
4
41-13-219 41-13-220.
5
6 41-13-102. Motorboat certificate of number required.
7
8 (a) Every motorboat Except as provided
by W.S.
9 41-13-103, all motorboats
powered by a motor of more than 10
five (5) horsepower propulsion
machinery of any type and
11 operated on the waters of this state
shall be numbered.
12 except
as provided in W.S. 41-13-103.
13
14 (b) No person
shall operate or give permission for
15 nor shall
the owner permit the operation of any motorboat
16 unless:
17
18 (i) The motorboat is numbered in accordance with
19 this act, with applicable federal law or with
a federally
20 approved numbering system of another
state;, and
unless
21
22 (ii) The certificate of number awarded
to issued
23 for the motorboat is in full force and effect; and
24
Page 3
1 (iii) The
identifying number set forth in the
2
certificate of number is displayed on each side of the bow
3
of the motorboat.
4
5 41-13-104. Application for certificate;
issuance of
6 certificate
and assignment of number; conformity with
7
federal numbering system;
expiration and renewal of
8
certificate; transfer of
ownership; duplicate certificate;
9
manufacturer and dealer
certificates.
10
11 (b) The owner
of any motorboat for which a current
12 certificate of number has been awarded issued
pursuant to
13 any federal law or a federally
approved numbering system of
14 another state shall, if such the
motorboat is operated on 15
the waters of remains
in this state in excess of ninety
16 (90) consecutive
days and is operated on the waters of this
17 state at any time during this ninety (90) day period,
make 18
application apply
for a certificate of number therefor in
19 the manner prescribed in subsection
(a) of this section.
20
21 (f) Every Each
certificate of number awarded issued
22 under this act expires annually on December 31 of the last
23 year of valid registration under the certificate
unless
24 sooner terminated or discontinued
under this act. A
Page 4
1 duplicate
number may be obtained by owners, an owner upon
2
application to the department, by the which may
require
3
payment of a fee of one dollar ($1.00) not more than five
4 dollars ($5.00).
Certificates of number may be renewed by
5
the owner in the same manner provided under
this act for in 6
the obtaining initial securing
of the same certification.
7
8 (h) The
purchaser of a motorboat may operate the
9
motorboat for fifteen (15) thirty (30) calendar days from
10 the date of purchase without a new
certificate of number if
11 upon demand by a person authorized
to enforce this act, the
12 new owner can furnish proof of ownership
and the date the
13 motorboat was acquired. Upon
transfer of ownership of a
14 motorboat, the current
certificate of number may be
15 transferred to the new owner upon
application by the new 16
owner to the department., giving Application by the new
17 owner shall include his name, address and the certificate
18 of number of the boat
and upon motorboat, together with
19 payment of the registration fee
prescribed by W.S.
20 41-13-109 and presentation of proof
of transfer. Upon
21 receipt of application and fee, the
department shall
22 transfer the certificate of number
issued for the motorboat
23 to the new owner. Unless the
application is made and fee
24 paid within fifteen (15) thirty
(30) days, the motorboat
Page 5
1 shall be deemed to be is
without certificate of number and
2
it is unlawful for any no person to shall operate the
3
motorboat until the a certificate is issued.
4
5 (k) If any
certificate of number becomes is lost,
6
mutilated or becomes illegible,
the owner of the motorboat
7
for which the certificate was issued may obtain a duplicate
8
of the certificate upon
application therefor and to the
9 department. The department may set and
collect payment of a
10 fee of
one dollar ($1.00) for a duplicate
certificate not
11 to exceed five dollars ($5.00).
12
13 (m) A person
engaged in the manufacture or sale of
14 motorboats may, upon application to the department upon 15
forms prescribed by it, may in the manner and on forms
16 prescribed by rule and regulation, obtain
certificates of
17 number for use in the testing or
demonstrating of those 18 these motorboats.
upon payment of three dollars ($3.00) The
19 fee for each registration under this subsection shall be
20 fifteen dollars ($15.00). The numbers assigned by
21 certificates of number so
issued may be used by the 22
applicant in the testing or demonstrating of motorboats by 23
temporary placement of the numbers assigned by the
Page 6
1 certificates under
this subsection shall be temporarily
2 placed on the watercraft to
be tested or demonstrated.
3
4 41-13-105. Watercraft accidents or collisions; duty
5 to
render aid; reportable accidents; operators required to
6
report; accident investigation;
seizure of watercraft.
7
8 (b) In the case of If a collision,
accident or other
9
casualty involving a watercraft, the
operator thereof, if 10
the collision, accident or other casualty results
in death
11 or injury to a person requiring medical treatment beyond
12 first aid, the disappearance of any person from the
13 watercraft under circumstances which indicate the
14 possibility of death or injury, or damage to
property in
15 excess of two hundred fifty dollars ($250.00) five hundred
16 dollars ($500.00), the
watercraft operator shall
17 immediately
provide notice of the accident to any Wyoming
18 law enforcement agency or peace officer of this state. For
19 purposes of this section, accidents include capsizing,
20 flooding, fire, explosion, disappearance of the watercraft
21 other
than by theft and all collision accidents involving
22 other watercraft or fixed or floating objects.
23
Page 7
1 (c) The operator of
any watercraft involved in a
2 reportable watercraft accident as
defined under subsection
3 (b) of this section shall immediately
provide notice of the
4 accident to any Wyoming law
enforcement agency or peace
5 officer. If a watercraft operator is
not able to provide
6 notice under this subsection, another
adult person on the
7 watercraft at the time of the accident
may provide the
8 required notice. Notice under this
subsection shall to the
9 extent reasonably known, contain the
following information:
10
11 (i) For each watercraft involved in the
12 accident,
the identifying number assigned by the
13 certificate of number issued to the watercraft;
14
15 (ii) The location, time and date of the
16 accident;
17
18 (iii) The name, address and age of the operator
19 of
each watercraft involved in the accident;
20
21 (iv) If not operating the watercraft at the time
22 of
the accident, the name and address of the watercraft
23 owner;
24
Page 8
1 (v) The name and
address of any person injured,
2 killed or missing as a result of the
accident;
3
4 (vi) The nature and
extent of each injury
5 resulting from the accident;
6
7 (vii) A description of
any property damage
8 resulting from the accident;
9
10 (viii) The name and address of any passengers on
11 the
watercraft at the time of the accident.
12
13 (d) In addition to subsection (c) of this section,
14 the
watercraft operator shall within ten (10) days after
15 the date of the accident, file with the department
within 16
ten (10) days a full description of the
collision, accident
17 or other casualty., including such
information as the 18
commission may, by regulation, require The report required
19 under this subsection shall be submitted on a boating
20 accident report form approved by the department and
21 obtained from the investigating law enforcement agency or
22 peace officer. The department shall provide forms required
23 under subsection (c) of this section and this subsection to
24 the appropriate law enforcement agencies and peace
Page 9
1 officers. The report shall not be referred to in
any way,
2
and shall not be used as evidence, in any judicial
3
proceeding.
4
5 (e) If the cause of
any reportable watercraft
6 accident as defined under subsection
(b) of this section
7 cannot be immediately determined
during the investigation
8 of the accident by the appropriate
peace officer or law
9 enforcement agency and the watercraft
is necessary for
10 investigative purposes, the officer or agency may
11 temporarily seize and hold any watercraft involved in the
12 accident.
13
14 41-13-106. Accident report information
to federal
15 government.
16
17 In accordance
with any Upon the request duly made by of
an
18 authorized official or agency of the
United States, any
19 information compiled or otherwise
available to the
20 department pursuant to W.S. 41-13-105(b) 41-13-105
shall be
21 transmitted to said the requesting
official or agency. of 22
the United States.
23
24 41-13-111. Prohibited acts; penalties.
Page 10
1
2 (a) No person shall
intentionally or knowingly
3 deface, alter, remove or destroy a
vessel hull
4 identification number (HIN) or an
engine or outboard motor
5 serial number.
6
7 (b) Any person
who fails to register and affix an
8
assigned registration number to a motorboat as required by
9
this act, operates an unregistered or unnumbered motorboat
10 unless authorized by this act, or fails to report a
11 watercraft accident as required by
W.S. 41-13-105, is
12 guilty of a misdemeanor and shall be
fined not more than
13 one hundred dollars ($100.00) for
each violation.
14
15 41-13-208. Overloading prohibited.
16
17 No Watercraft shall not
be loaded with passengers or cargo
18 beyond its safe carrying capacity as
stated on the capacity
19 plate and
affixed to the watercraft by the manufacturer,
20 taking into consideration weather
and other existing
21 operating conditions. Capacity
plates shall not be removed
22 or altered.
23
Page 11
1 41-13-209. Overpowered watercraft
prohibited;
2 horsepower
rating plates; mufflers required.
3
4 (a) No
watercraft shall be equipped with any motor or
5
other propulsion machinery that has a horsepower rating
6
exceeding the stated maximum placed on the watercraft by 7
the manufacturer or beyond its safe
power capacity taking 8
into consideration the type and
construction of the 9
watercraft and other existing
operating conditions. 10
Horsepower rating plates shall not be removed or altered 11 stated on the capacity plate approved and issued by the
12 United States coast guard and affixed to the watercraft by
13 the manufacturer.
14
15 (b) Every motorboat Motorboats shall be
equipped,
16 maintained and operated so as to prevent excessive or
17 unusually loud noise. Every motorboat and
shall at all
18 times be equipped with a muffler or shall use another
19 method of noise suppression in good
working order and in
20 constant operation. No person shall operate or allow the
21 operation of any motorboat equipped with an altered muffler
22 or muffler cutout, bypass or other devise designed or
23 installed to continually or intermittently bypass or
Page 12
1 otherwise reduce or eliminate the effectiveness of any
2 muffler or muffler system.
3
4 41-13-211. Buoys and markers; operation
in marked
5 restricted
areas prohibited; exceptions.
6
7 (a) The
commission shall regulate the type and use of
8
watercraft on the waters of the state and the placement of
9
such buoys, or markers
as deemed or
regulatory signs
10 necessary to provide for the safety
and welfare of the
11 public. Watercraft
operators shall operate watercraft in
12 accordance with restrictions and regulations specified on
13 the buoys, markers or signs. No waterway marker
regulating
14 watercraft use shall be placed on,
in or near the waters of
15 the state unless approval has been
obtained in accordance
16 with commission regulations.
17
18 41-13-215. Enforcement.
19
20 (a) The game
and fish department law enforcement
21 officers shall
and at the discretion of such officers, and
22 any other peace officers of the state or any of
its
23 political subdivisions may enforce the provisions of this
24 act and authorized
rules and regulations of the commission.
Page 13
1
2 (b) For purposes of
this section, any game and fish
3 department law enforcement officer and
any other peace
4 officer may:
5
6 (i) Stop, halt, inspect or board any watercraft;
7
8 (ii) If there is
probable cause to believe a
9 watercraft and associated trailer are
stolen, seize the
10 watercraft and associated trailer. A defaced, altered,
11 removed or destroyed vessel hull identification number
12 (HIN) is prima facia evidence that the watercraft and
13 trailer are stolen.
14
15 41-13-216. Penalties for violations;
suspension of
16 privilege to operate; operating while
privilege suspended.
17
18 (a) Any person
who violates or fails to comply with a 19
duty required by W.S. 41-13-207 through 41-13-212,
20 41-13-219 or 41-13-220(b) is guilty of a
misdemeanor
21 punishable by a fine of not more
than one hundred dollars 22
($100.00) four hundred
dollars ($400.00), imprisonment for
23 not more than thirty (30) days, or
both, and may be refused
24 the privilege of operating any
watercraft on any of the
Page 14
1 waterways
of this state for not more than two (2) years.
2
Any person who violates W.S. 41-13-105, 41-13-111(a)
or
3 (b), 41-13-203, 41-13-204, or 41-13-206
or 41-13-220(a) is
4
guilty of a misdemeanor punishable by a fine of not more
5
than seven hundred fifty dollars ($750.00), imprisonment
6
for not more than six (6) months, or both, and may be
7
refused the privilege of operating any watercraft on any of
8
the waterways of this state for not more than two (2)
9
years.
10
11 (c) Any person
who operates any watercraft during the
12 period when he has been denied the this
privilege to so 13
operate by virtue of under
subsection (a) of this section
14 is guilty of a misdemeanor, and upon conviction shall be
15 fined not more than two hundred dollars ($200.00) seven
16 hundred fifty dollars ($750.00), imprisoned not
more than
17 ninety
(90) days six (6) months, or
both, and may be
18 refused the privilege of operating any watercraft on any of
19 the waterways of this state for not more than two (2)
20 years.
21
22 41-13-219. Age of operator of motorboat.
23
Page 15
1 No
person shall operate or be in actual physical control of
2
a motorboat required to be
numbered motorboat on the waters
3
in this state unless he is at least sixteen (16) years of
4
age or is accompanied by an adult. No person shall
5
knowingly permit the operation of a numbered motorboat on
6
the waters of this state by a person under sixteen (16)
7
years of age who is not accompanied by an adult.
8
9 Section 3. This act is effective January 1, 2002.
10
11 (END)
Page 16