HB0008 - Game and fish-watercraft.

 

2001

State of Wyoming

01LSO-0016.E1

ENGROSSED

 

 

 

HOUSE BILL NO.  HB0008

 

 

Game and fish-watercraft.

 

Sponsored by:

 

 

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 

 

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 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

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 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

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 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

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 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 

 

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 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 

 

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 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

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 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.

 

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 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 

 

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 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

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 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.

 

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 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

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 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 

 

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 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)

 

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