April 15, 2001

Motorboat Driver Licensing and Boating Under the Influence

# Policy Issue H.B. 141 Motorboat Licensing Requirements Current Law
1 Motorboat definition for purposes of DUI and driver licensing - which vessels? Any vessel with an engine output of more than 25 horsepower. All vessels are included for BUI - a vessel includes every type of watercraft capable of being used as a means of transportation on the water.
2 Authorized motorboat driver - Who? a. A licensed driver with a motorboat endorsement ($5 extra fee every five years);

b. a person at least 12 years of age that:

i. has completed a motorboat safety course (fees to be determined by the Division of Parks and Recreation) and is accompanied by a licensed person at least 18 years of age; or

ii. is legally operating a personal watercraft;

c. a nonresident at least 16 years of age that:

i. possesses a certificate of completion of an approved boating safety course; or

ii. holds a nonresident temporary permit; and

d. a person at least 18 years of age that:

i. is renting a motorboat from a licensed boat livery and has a copy of the rental agreement; and

ii. possesses a 14-day temporary motorboat license issued by an authorized boat livery.

 Anyone subject to:

a. Motorboat or sailboat - under 16, the driver must be accompanied by a person at least 18.

b. Personal watercraft - 12 to 17, a driver must complete a boating safety course (fees up to $12) and possess a certificate - 12 to 15 year old driver must be under direct supervision of a person who is at least 18.

3 Temporary motorboat operator license - who qualifies? A motorboat renter who signs an affidavit that the renter has received approved boating safety training and will adhere to boating laws and rules. No current provision.
4 Temporary motorboat operator licenses - who issues? An authorized boat livery - a registered boat rental business with an annual $25 registration fee. No current provision.
5 DUI of alcohol or drugs in a motor vehicle and a motorboat - same penalties? Yes - offenses are merged together. Separate offenses and penalties - driving privilege sanctions currently only apply to motor vehicle drivers.
6 Driving a motorboat with any measurable controlled substance in the body - an offense? Yes - motorboat drivers are included with motor vehicle drivers. No current offense for motorboat drivers.
7 "Not a Drop" in a motorboat (A person under 21 may not have any measurable alcohol in the body) - an offense? Yes - motorboat drivers are included. No current offense for motorboat drivers.
8 Driver license sanctions for motorboat violations - what affect? A direct affect - points are assessed for each offense and, after a certain number of points for motorboat violations, a letter is sent from Parks and Recreation to the Driver License Division indicating that the driver license should be denied or suspended (motorboat points will be kept by Parks and Recreation on a separate point system). No affect.
9 Motorboat endorsement sanctions for motor vehicle violations - what affect? A direct affect - after a certain number of points for motor vehicle violations, the Driver License Division will suspend the driver license including the motorboat endorsement. No affect.
10 Vessel navigation and steering laws - in statutes or rules? Statutes - a violation is a class C misdemeanor. Rules - a violation is class B misdemeanor.
11 Allowing a person to drive a motorboat without a license - an offence? Yes - a violation is a class C misdemeanor. No current provision.

Prepared by the Office of Legislative Research and General Counsel- April 2001