ORIGINAL HOUSE ENGROSSED
BILL NO. 0008
ENROLLED ACT NO.
50, HOUSE OF REPRESENTATIVES
FIFTY-SIXTH
LEGISLATURE OF THE STATE OF WYOMING
2001
GENERAL SESSION
AN ACT relating to
watercraft; expanding and clarifying
motorboat
registration and numbering provisions; increasing
fees; expanding
and clarifying watercraft accident
reporting
requirements; imposing and clarifying penalties;
prohibiting
specified acts by watercraft operators;
clarifying
regulatory requirements as specified; specifying
and clarifying
law enforcement provisions and authorizing
seizure of
watercraft; and providing for an effective date.
Be It Enacted
by the Legislature of the State of Wyoming:
Section 1. W.S. 41-13-220 is created to read:
41-13-220. Eluding an officer; emergency watercraft
equipment
restricted.
(a) Any person
operating a watercraft shall upon
observing a visual or
hearing an audible signal from a law
enforcement officer
enforcing this act and rules and
regulations of the
commission, bring the watercraft to an
immediate stop. No
person, after observing a visual or
hearing an audible
signal from a law enforcement officer
enforcing this act and
rules and regulations of the
commission, shall
attempt to elude a law enforcement
officer by watercraft
or any other means.
(b) Red or blue
rotating or flashing lights shall not
be displayed and
sirens shall not be used on watercraft
except as authorized
for watercraft operated or used by law
enforcement and
emergency watercraft.
Section 2. W.S. 41-13-101(a)(ix), 41-13-102,
41-13-104(b), (f),
(h), (k) and (m), 41-13-105(b) and by
creating new
subsections (c) through (e), 41-13-106,
41-13-111, 41-13-208,
41-13-209(a) and (b), 41-13-211(a),
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41-13-215, 41-13-216(a) and (c) and 41-13-219 are
amended
to read:
41-13-101. Definitions; classification
of motorboats.
(a) As used in
this act:
(ix) "This
act" means W.S. 41-13-101 through
41-13-219
41-13-220.
41-13-102. Motorboat certificate of
number required.
(a) Every motorboat Except as provided
by W.S.
41-13-103, all
motorboats powered by a
motor of more than propulsion machinery of any type and
five (5) horsepower
operated on the waters
of this state shall be numbered.
except
as provided in W.S. 41-13-103.
(b) No person
shall operate or give permission for
nor shall
the owner permit the operation of any motorboat
unless:
(i) The
motorboat is numbered in accordance with
this act, with applicable federal law or with a federally
approved numbering
system of another state;, and unless
(ii) The
certificate of number awarded to issued
for the
motorboat is in full force and effect;
and
(iii) The
identifying number set forth in the
certificate of number
is displayed on each side of the bow
of the motorboat.
41-13-104. Application for certificate;
issuance of
certificate
and assignment of number; conformity with
federal
numbering system; expiration and renewal of
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certificate;
transfer of ownership; duplicate certificate;
manufacturer
and dealer certificates.
(b) The owner
of any motorboat for which a current
certificate of number
has been awarded issued pursuant to
any federal law or a
federally approved numbering system of
another state shall,
if such the
motorboat is operated on remains in this state in excess of
ninety
the waters of
(90) consecutive days and is
operated on the waters of this
state at any time
during this ninety (90) day period, make apply for a certificate of number
application therefor in
the manner prescribed
in subsection (a) of this section.
(f) Every Each
certificate of number awarded issued
under this act expires
annually on December 31 of the last
year of valid
registration under the certificate unless
sooner terminated or
discontinued under this act. A
duplicate number may
be obtained by owners, an owner upon
application to the
department, by
the which may require
payment of a fee of one dollar ($1.00) not
more than five
dollars ($5.00). Certificates of number may
be renewed by
the owner in the same
manner provided under this act for in obtaining initial
the securing of the same certification.
(h) The
purchaser of a motorboat may operate the
motorboat for fifteen (15) thirty
(30) calendar days from
the date of purchase
without a new certificate of number if
upon demand by a
person authorized to enforce this act, the
new owner can furnish
proof of ownership and the date the
motorboat was
acquired. Upon transfer of ownership of a
motorboat, the
current certificate of number may be
transferred to the new
owner upon application by the new to the department.
owner , giving Application by the new
owner shall include his name, address and the certificate
of number of the boat and upon motorboat,
together with
payment of the
registration fee prescribed by W.S.
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41-13-109
and presentation of proof of transfer. Upon
receipt of application
and fee, the department shall
transfer the certificate
of number issued for the motorboat
to the new owner.
Unless the application is made and fee
paid within fifteen (15) thirty
(30) days, the motorboat
shall be
deemed to be is without certificate of number and
it is
unlawful for any no person to shall operate the
motorboat until the a
certificate is issued.
(k) If any
certificate of number becomes is lost,
mutilated or becomes illegible, the owner of the motorboat
for which the
certificate was issued may obtain a duplicate
of the certificate upon application
therefor and to
the
department. The
department may set and collect payment of a
fee of one dollar ($1.00) for
a duplicate certificate not
to exceed five dollars
($5.00).
(m) A person
engaged in the manufacture or sale of
motorboats may, upon application to the department upon in the manner and on forms
forms prescribed by
it, may
prescribed by rule and
regulation, obtain certificates of
number for use in the
testing or demonstrating of those these motorboats.
upon payment of three dollars ($3.00) The
fee for each registration under this subsection shall be
fifteen dollars
($15.00). The numbers assigned by
certificates of number so issued may be used
by the under this
subsection shall be temporarily
applicant in the
testing or demonstrating of motorboats by
temporary placement of
the numbers assigned by the
certificates
placed on the watercraft to be
tested or demonstrated.
41-13-105. Watercraft
accidents or
collisions; duty
to render aid;
reportable accidents; operators required to
report;
accident investigation; seizure of watercraft.
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(b) In the case of If a collision,
accident or other
casualty involving a
watercraft, the operator thereof, if results in death
the collision,
accident or other casualty
or injury to a person requiring medical treatment beyond
first aid, the
disappearance of any person from the
watercraft under
circumstances which indicate the
possibility of death
or injury, or damage to property in
excess of two hundred fifty dollars ($250.00) five hundred
dollars ($500.00), the watercraft operator shall
immediately
provide notice of the accident to any Wyoming
law enforcement agency
or peace officer of this state. For
purposes of this
section, accidents include capsizing,
flooding, fire,
explosion, disappearance of the watercraft
other than
by theft and all collision accidents involving
other watercraft or
fixed or floating objects.
(c) The operator of
any watercraft involved in a
reportable watercraft
accident as defined under subsection
(b) of this section
shall immediately provide notice of the
accident to any
Wyoming law enforcement agency or peace
officer. If a
watercraft operator is not able to provide
notice under this
subsection, another adult person on the
watercraft at the time
of the accident may provide the
required notice.
Notice under this subsection shall to the
extent reasonably
known, contain the following information:
(i) For each watercraft
involved in the
accident, the
identifying number assigned by the
certificate of number
issued to the watercraft;
(ii) The location, time
and date of the
accident;
(iii) The name, address
and age of the operator
of each watercraft
involved in the accident;
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(iv) If not operating
the watercraft at the time
of the accident, the
name and address of the watercraft
owner;
(v) The name and
address of any person injured,
killed or missing as a
result of the accident;
(vi) The nature and
extent of each injury
resulting from the
accident;
(vii) A description of
any property damage
resulting from the
accident;
(viii) The name and
address of any passengers on
the watercraft at the
time of the accident.
(d) In addition to
subsection (c) of this section,
the watercraft
operator shall within ten (10) days after
the date of the
accident, file with the department within a full
description of the collision, accident
ten (10) days
or other casualty., including such
information as the The report required
commission may, by
regulation, require
under this subsection
shall be submitted on a boating
accident report form
approved by the department and
obtained from the
investigating law enforcement agency or
peace officer. The
department shall provide forms required
under subsection (c)
of this section and this subsection to
the appropriate law
enforcement agencies and peace
officers. The report shall not be
referred to in any way,
and shall not be used as evidence, in
any judicial
proceeding.
(e) If the cause of
any reportable watercraft
accident as defined
under subsection (b) of this section
cannot be immediately
determined during the investigation
of the accident by the
appropriate peace officer or law
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enforcement agency and the watercraft is necessary for
investigative
purposes, the officer or agency may
temporarily seize and
hold any watercraft involved in the
accident.
41-13-106. Accident report information
to federal
government.
In accordance with any Upon the request duly made by of
an
authorized official or
agency of the United States, any
information compiled
or otherwise available to the
department pursuant to
W.S. 41-13-105(b) 41-13-105 shall be
transmitted to said the requesting
official or agency. of
the United States.
41-13-111. Prohibited
acts; penalties.
(a) No person shall
intentionally or knowingly
deface, alter, remove
or destroy a vessel hull
identification number
(HIN) or an engine or outboard motor
serial number.
(b) No person shall
intentionally or knowingly
provide false
information in a report required pursuant to
W.S. 41-13-105(c).
(c) Any person
who fails to register and affix an
assigned registration
number to a motorboat as required by
this act, operates an
unregistered or unnumbered motorboat
unless authorized by
this act, or fails to report a
watercraft accident as
required by W.S. 41-13-105, is
guilty of a
misdemeanor and shall be fined not more than
one hundred dollars
($100.00) for each violation.
41-13-208. Overloading prohibited.
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No Watercraft
shall not be loaded with passengers or
cargo
beyond its safe
carrying capacity as stated on the capacity
plate and affixed to the watercraft by the manufacturer,
taking into consideration
weather and other existing
operating conditions.
Capacity plates shall not be removed
or altered.
41-13-209. Overpowered watercraft
prohibited;
horsepower
rating plates; mufflers required.
(a) No
watercraft shall be equipped with any motor or
other propulsion
machinery that has a horsepower rating
exceeding the stated maximum placed
on the watercraft by stated on the capacity plate approved and issued by the
the manufacturer or
beyond its safe power capacity taking
into consideration the
type and construction of the
watercraft and other
existing operating conditions.
Horsepower rating
plates shall not be removed or altered
United States coast
guard and affixed to the watercraft by
the manufacturer.
(b) Every motorboat Motorboats shall be
equipped,
maintained and
operated so as to prevent excessive or
unusually loud noise. Every motorboat and
shall at all
times be equipped with
a muffler or shall use another
method of noise
suppression in good working order and in
constant operation. No person shall operate or allow the
operation of any
motorboat equipped with an altered muffler
or muffler cutout,
bypass or other devise designed or
installed to
continually or intermittently bypass or
otherwise reduce or
eliminate the effectiveness of any
muffler or muffler
system.
41-13-211. Buoys and markers; operation
in marked
restricted
areas prohibited; exceptions.
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(a) The
commission shall regulate the type and use of
watercraft on the
waters of the state and the placement of
such buoys, or markers
as deemed or
regulatory signs
necessary to provide
for the safety and welfare of the
public. Watercraft operators shall operate watercraft in
accordance with
restrictions and regulations specified on
the buoys, markers or
signs. No waterway marker regulating
watercraft use shall
be placed on, in or near the waters of
the state unless
approval has been obtained in accordance
with commission regulations.
41-13-215. Enforcement.
(a) The game
and fish department law enforcement
officers shall and at the discretion of such officers, and
any other peace officers of the
state or any of its
political subdivisions
otherwise authorized by law may
enforce the provisions of this act and authorized rules and
regulations of the
commission.
(b) For purposes of
this section, any game and fish
department law
enforcement officer and any other peace
officer may:
(i) Stop, halt,
inspect or board any watercraft;
(ii) If there is
probable cause to believe a
watercraft and
associated trailer are stolen, seize the
watercraft and
associated trailer. A defaced, altered,
removed or destroyed
vessel hull identification number
(HIN) is prima facia
evidence that the watercraft and
trailer are stolen.
41-13-216. Penalties for violations;
suspension of
privilege to
operate; operating while privilege suspended.
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(a) Any person
who violates or fails to comply with a W.S. 41-13-207
through 41-13-212,
duty required by
41-13-219 or 41-13-220(b) is guilty
of a misdemeanor
punishable by a fine
of not more than one hundred dollars two hundred
dollars ($200.00), imprisonment for
($100.00)
not more than thirty
(30) days, or both, and may be refused
the privilege of
operating any watercraft on any of the
waterways of this
state for not more than two (2) years.
Any person who
violates W.S. 41-13-105, 41-13-111(a) or
(b), 41-13-203, 41-13-204, or 41-13-206
or 41-13-220(a) is
guilty of a
misdemeanor punishable by a fine of not more
than seven hundred
fifty dollars ($750.00), imprisonment
for not more than six
(6) months, or both, and may be
refused the privilege
of operating any watercraft on any of
the waterways of this
state for not more than two (2)
years.
(c) Any person
who operates any watercraft during the
period when he has
been denied the this privilege to so under subsection (a) of this
section
operate by virtue of
is guilty of a
misdemeanor, and upon conviction shall
be
fined not more than two hundred dollars ($200.00) seven
hundred fifty dollars
($750.00), imprisoned not more than
ninety
(90) days six (6) months, or both, and may
be
refused the privilege
of operating any watercraft on any of
the waterways of this
state for not more than two (2)
years.
41-13-219. Age of operator of
motorboat.
No person
shall operate or be in actual physical control of
a motorboat required to be numbered motorboat on the waters
in this state unless
he is at least sixteen (16) years of
age or is accompanied
by an adult. No person shall
knowingly permit the
operation of a numbered motorboat on
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the waters
of this state by a person under sixteen (16)
years of age who is
not accompanied by an adult.
Section 3. This act is effective January 1, 2002.
(END)
Speaker of
the House President of
the Senate
Governor
TIME APPROVED: _________
DATE APPROVED: _________
I hereby certify that this
act originated in the House.
Chief Clerk
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