HB0008 - Game and fish-watercraft.
|
2001 |
State of Wyoming |
01LSO-0016 |
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; granting immunity;
and providing for
9 an effective date.
10
11 Be It Enacted by the Legislature of the State of Wyoming:
12
13
Section 1. W.S. 41-13-220 and
41-13-221 are created
14 to read:
15
Page 1
1
41-13-220. Eluding an officer; emergency watercraft
2 equipment
restricted.
3
4
(a) Any person operating a watercraft shall upon
5 receiving a visual or audible signal from a law
enforcement
6 officer enforcing this act and rules and
regulations of the
7 commission, bring the watercraft to an immediate
stop. No
8 person shall operate a watercraft in a willful
or wanton
9 disregard of the signal of a law enforcement
officer in a
10 manner which interferes with or endangers the
operation of
11 any watercraft or endangers any person, nor shall the
12 watercraft operator attempt to elude a law
enforcement
13 officer by watercraft or any other means.
14
15
(b) Red or blue rotating or flashing lights shall not
16 be displayed and sirens shall not be used on
watercraft
17 except as authorized for watercraft operated or used
by law
18 enforcement and emergency watercraft.
19
20 41-13-221. Limited liability on seized watercraft.
21
22
(a) Except as provided under subsection (b) of this
23 section, any law enforcement officer acting within
the
24 scope of his duties pursuant to this act and acting
in good
Page 2
1 faith and exercising
due care, and the state or any
2 political subdivision employing the law
enforcement
3 officer, shall be immune from any civil or
criminal
4 liability for the care and custody of any
watercraft seized
5 under this act.
6
7
(b) As provided in the Wyoming Governmental Claims
8 Act, a law enforcement officer and any
governmental entity
9 employing the officer is liable for damages
resulting from
10 bodily injury, wrongful death or property damage
caused by
11 the negligence of the law enforcement officer while
acting
12 within the scope of his duties in the care and
custody of
13 any seized watercraft.
14
15
Section 2. W.S.
41-13-101(a)(ix), 41-13-102,
16 41-13-104(b), (f), (h), (k) and (m), 41-13-105(b)
and by
17 creating new subsections (c) through (e),
41-13-106,
18 41-13-111, 41-13-208, 41-13-209(a) and (b), 41-13-211(a),
19 41-13-212(a), (b), (e) and by creating a new
subsection
20 (f), 41-13-215, 41-13-216(a) and (c) and 41-13-219
are
21 amended to read:
22
23 41-13-101. Definitions; classification of motorboats.
24
Page 3
1 (a) As used in this act:
2
3 (ix) "This act" means W.S.
41-13-101 through
4 41-13-219 41-13-221.
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
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 4
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
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
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 5
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
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
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 6
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,
which may require payment of a fee of one
dollar ($1.00)
not more than five dollars ($5.00).
11
12
(m) A person engaged in the manufacture
or sale of
13 motorboats may,
upon application to the department upon
forms
prescribed by in the manner and form
it, may
15 prescribes,
obtain certificates of number for use in the
16 testing or demonstrating of those these
motorboats. upon
payment of
three dollars ($3.00) The fee
for each
18 registration under this
subsection shall be fifteen dollars
19 ($15.00).
The numbers assigned by certificates of
number so
may be
used by the applicant in the testing or
demonstrating
of motorboats by temporary placement of the
numbers
assigned by the certificates under this
subsection
23 shall be
temporarily placed on the watercraft to be tested
24 or demonstrated.
Page 7
1
2
41-13-105. Watercraft
accidents
or collisions; duty
3
to render aid; reportable accidents; operators required to
4
report; accident investigation; seizure of watercraft.
5
6
(b) In the case of If a collision, accident or other
7 casualty involving a watercraft, the operator thereof, if
the
collision, accident or other casualty results in death
9 or injury to a person requiring medical treatment beyond
10 first aid, the
disappearance of any person from the
11 watercraft
under circumstances which indicate the
12 possibility of
death or injury, or damage to property in
13 excess of two hundred
fifty dollars ($250.00) five hundred
14 dollars
($500.00), the watercraft operator
shall
15 immediately provide notice
of the accident to the proper
16 law enforcement
agency or peace officer of this state. For
17 purposes of
this section, accidents include capsizing,
18 flooding, fire,
explosion, disappearance of the watercraft
19 other than by theft and all
collision accidents involving
20 other
watercraft or fixed or floating objects.
21
22 (c) The operator of any
watercraft involved in a
23 reportable watercraft accident as defined under subsection
24 (b) of this section shall immediately provide notice of the
Page 8
1 accident to the proper law enforcement agency or peace
2 officer of this state. If a watercraft operator is not able
3 to provide notice under this subsection, any person on the
4 watercraft at the time of the accident shall provide the
5 required notice. Notice under this subsection shall to the
6 extent reasonably possible, contain the following
7 information:
8
9
(i) For each watercraft
involved in the
10 accident, the identifying number assigned by the
11 certificate of number issued to the watercraft;
12
13
(ii) The location, time and
date of the
14 accident;
15
16
(iii) The name, address and
age of the operator
17 of each watercraft involved in the accident;
18
19
(iv) If not operating the
watercraft at the time
20 of the accident, the name and address of the watercraft
21 owner;
22
23
(v) The name and address of
any person injured,
24 killed or missing as a result of the accident;
Page 9
1
2
(vi) The nature and extent of
each injury
3 resulting from the accident;
4
5
(vii) A description of any
property damage
6 resulting from the accident;
7
8
(viii) The name and address of
any witness to
9 the accident.
10
11 (d) In addition to
subsection (c) of this section,
12 the watercraft operator shall within ten (10) days after
13 the date of the accident, file with the department
within
ten (10) days a full description of the
collision, accident
15 or other casualty., including such information as the
commission
may, by regulation, require The report
required
17 under this
subsection shall be submitted on a boating
18 accident report
form approved by the department and
19 obtained from
the investigating law enforcement agency or
20 peace officer.
The department shall provide forms required
21 under
subsection (c) of this section and this subsection to
22 the appropriate
law enforcement agencies and peace
23 officers.
The report shall not be referred to in any way,
Page 10
1 and shall not be used as evidence,
in any judicial
2 proceeding.
3
4
(e) If the cause of any
reportable watercraft
5 accident as defined under subsection (b) of this section
6 cannot be immediately determined during the investigation
7 of the accident by the appropriate peace officer or law
8 enforcement agency and the watercraft is necessary for
9 investigative purposes, the officer or agency may
10 temporarily seize and hold any watercraft involved in the
11 accident.
12
13 41-13-106. Accident report
information to federal
14 government.
15
16 In
accordance with any Upon the
request duly made by of an
17 authorized official or agency of the United States,
any
18 information compiled or otherwise available to the
19 department pursuant to W.S. 41-13-105(b) 41-13-105
shall be
20 transmitted to said the requesting official or agency. of
the United
States.
22
23 41-13-111. Prohibited acts; penalties.
24
Page 11
1
(a) No person shall
intentionally or knowingly
2 deface, alter, remove or destroy a vessel hull
3 identification number (HIN) or an engine or outboard motor
4 serial number.
5
6
(b) No person shall
knowingly provide false
7 information in a report required under W.S. 41-13-105.
8
9
(c) Any person who fails to register and
affix an
10 assigned registration number to a motorboat as
required by
11 this act, operates an unregistered or unnumbered
motorboat
12 unless authorized by this act, or fails to report a
13 watercraft accident as required by W.S. 41-13-105, is
14 guilty of a misdemeanor and shall be fined not more
than
15 one hundred dollars ($100.00) for each violation.
16
17 41-13-208. Overloading prohibited.
18
19 No
Watercraft shall not be loaded with passengers or cargo
20 beyond its safe carrying capacity as stated on the capacity
21 plate affixed to the watercraft by the manufacturer and
22 approved and
issued by the United States coast guard,
23 taking into consideration weather and other existing
Page 12
1 operating conditions.
Capacity plates shall not be removed
2 or altered.
3
4 41-13-209. Overpowered watercraft
prohibited;
5
horsepower rating plates; mufflers required.
6
7
(a) No watercraft shall be equipped with any motor or
8 other propulsion machinery that has a horsepower
rating
9 exceeding the stated
maximum placed on the watercraft by
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
15 United States
coast guard and affixed to the watercraft by
16 the
manufacturer.
17
18
(b) Every motorboat Motorboats shall be equipped,
19 maintained and operated so
as to prevent excessive or
20 unusually loud noise.
Every motorboat and shall at
all
21 times be equipped with a muffler or shall use another
22 method of noise suppression in good working order and
in
23 constant operation. No
person shall operate or allow the
24 operation of
any motorboat equipped with an altered muffler
Page 13
1 or muffler cutout, bypass or other devise designed or
2 installed to continually or intermittently bypass or
3 otherwise reduce or eliminate the effectiveness of any
4 muffler or muffler system.
5
6
41-13-211. Buoys and markers;
operation in marked
7
restricted areas prohibited; exceptions.
8
9
(a) The commission shall regulate the type and use of
10 watercraft on the waters of the state and the
placement of
11 such buoys, or markers
as deemed or
regulatory signs
12 necessary to provide for the safety and welfare of
the
13 public. Watercraft operators
shall operate watercraft in
14 accordance with
restrictions and regulations specified on
15 the buoys,
markers or signs. No waterway marker regulating
16 watercraft use shall be placed on, in or near the
waters of
17 the state unless approval has been obtained in
accordance
18 with commission regulations.
19
20
41-13-212. Motorboat pulling skier to
be occupied by
21 at
least two persons; hours of operation; use of care;
22 other
requirements; exceptions.
23
Page 14
1
(a) No Any motorboat which shall
have in used to tow
2 or shall be otherwise
assisting assist
a person on water
3 skis, aquaplane or similar contrivance, shall be operated
or
propelled in or upon any waterway, unless such motorboat
shall be occupied
by at least two (2) persons. Provided,
that This subsection shall not apply to motorboats used by
representatives
of duly constituted water ski schools in
the
giving of instruction, or to motorboats used in duly
10 expositions,
or trials.
therefor, or to any motorboat
equipped with
a wide angle rear view mirror.
12
13
(b) No motorboat shall have in be used to
tow or
14 shall otherwise
be assisting assist
a person on water skis,
15 aquaplane or similar contrivance from during
the period of
one (1) hour
after from sunset to one (1) hour prior to
Provided,
that This subsection shall not
apply to
18 motorboats used in duly authorized
water ski tournaments,
19 competitions, expositions,
or trials.
therefor.
20
21
(e) The person required to be in a
motorboat under
22 subsection (a) of this section who is not operating
the
23 motorboat shall:
24
Page 15
1 (i) Continuously observe the person being towed;
2
3 (ii) Not be less than ten (10) years of age.
4
5
(f) A motorboat used to tow
or otherwise assist a
6 person on water skis, aquaplane or similar device shall be
7 of sufficient capacity to carry the operator, all
8 passengers and any person being towed or assisted, as
9 defined by the manufacturer or the United States coast
10 guard capacity plate.
11
12 41-13-215. Enforcement.
13
14 (a) The game and fish department law enforcement
15 officers shall and at the
discretion of such officers, and
16 any
other peace officers of the state or any of its
17 political subdivisions may enforce the provisions of this
18 act and authorized rules
and regulations of the commission.
19
20 (b) For purposes of this
section, any game and fish
21 department law enforcement officer and any other peace
22 officer may:
23
24 (i) Stop, halt, inspect or board any watercraft;
Page 16
1
2
(ii) If there is probable
cause to believe a
3 watercraft and associated trailer are stolen, seize the
4 watercraft and associated trailer. A defaced, altered,
5 removed or destroyed vessel hull identification number
6 (HIN) is prima facia evidence that the watercraft and
7 trailer are stolen.
8
9
41-13-216. Penalties for violations;
suspension of
10 privilege
to operate; operating while privilege suspended.
11
12
(a) Any person who violates or fails to
comply with a
duty required by W.S. 41-13-207 through 41-13-212,
14 41-13-219 or 41-13-220(b) is guilty of a
misdemeanor
15 punishable by a fine of not more than one hundred dollars
($100.00) four hundred dollars ($400.00), imprisonment for
17 not more than thirty (30) days, or both, and may be
refused
18 the privilege of operating any watercraft on any of
the
19 waterways of this state for not more than two (2)
years.
20 Any person who violates W.S. 41-13-105, 41-13-111(a) or
21 (b),
41-13-203, 41-13-204, or 41-13-206 or
41-13-220(a) is
22 guilty of a misdemeanor punishable by a fine of not
more
23 than seven hundred fifty dollars ($750.00),
imprisonment
24 for not more than six (6) months, or both, and may be
Page 17
1 refused the privilege
of operating any watercraft on any of
2 the waterways of this state for not more than
two (2)
3 years.
4
5
(c) Any person who operates any watercraft during the
6 period when he has been denied the this
privilege to so
operate
by virtue of under subsection
(a) of this section
8 is guilty of a misdemeanor, and upon conviction shall be
9 fined not more than two
hundred dollars ($200.00) seven
10 hundred fifty
dollars ($750.00), imprisoned not more than
11 ninety (90) days six (6) months, or both,
and may be
12 refused the
privilege of operating any watercraft on any of
13 the waterways
of this state for not more than two (2)
14 years.
15
16 41-13-219. Age of operator of motorboat.
17
18 No person shall operate or
be in actual physical control of
19 a motorboat required to be
numbered motorboat on the waters
20 in this state unless he is at least sixteen (16)
years of
21 age or is accompanied by an adult. No person shall
22 knowingly permit the operation of a numbered
motorboat on
23 the waters of this state by a person under sixteen
(16)
24 years of age who is not accompanied by an adult.
Page 18
1
2 Section 3. This act is effective January 1, 2002.
3
4 (END)
Page 19