Senate Bill No. 858
Senate Bill No. 858
PUBLIC ACT NO. 97-72
AN ACT CONCERNING BOATING.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. Section 15-140j of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) As used in this section, "personal
watercraft" is any inboard powered vessel less
than sixteen feet in length which has an internal
combustion engine powering a water-jet pump as its
primary source of motor propulsion and which is
designed to be operated by a person sitting,
standing or kneeling on the vessel, rather than
the conventional manner of sitting or standing
inside the vessel.
(b) On and after June 23, 1993, no person
shall operate a personal watercraft unless he has
successfully completed a course in safe personal
watercraft handling approved by the Commissioner
of Environmental Protection and has been issued a
certificate of personal watercraft operation by
the Commissioner of Environmental Protection.
Notwithstanding the provisions of this section,
the commissioner may modify or suspend
requirements for a certificate of personal
watercraft operation by written authorization with
respect to any marine event authorized by the
commissioner or upon receipt of a copy of the
United States Coast Guard authorization for a
marine event.
(c) The commissioner may adopt regulations in
accordance with the provisions of chapter 54
establishing the content of courses in safe
personal watercraft handling. Such regulations may
include provisions for examinations, issuance of
certificates of personal watercraft operation and
establishment of a reasonable fee for such course
and examination and for the issuance of a
certificate and duplicate certificate. Any fee
collected pursuant to regulations adopted under
this section shall be deposited in the boating
account established pursuant to section 15-155.
(d) Notwithstanding subsection (b) of this
section, any person who purchases a new or used
personal watercraft after May 20, 1994, may, upon
vessel registration, apply to the Commissioner of
Environmental Protection for a temporary
certificate of personal watercraft operation which
shall be valid for six months from the date of
registration, provided the applicant has
successfully completed a course in safe personal
watercraft handling prior to application for the
temporary certificate. No person shall be issued
more than one temporary certificate of personal
watercraft operation.
(e) THE COMMISSIONER MAY ENTER INTO A
RECIPROCAL AGREEMENT WITH ANY OTHER STATE WHICH
HAS A SIMILAR SAFE PERSONAL WATERCRAFT HANDLING
CERTIFICATE PROGRAM WHICH THE COMMISSIONER DEEMS
ACCEPTABLE FOR PURPOSES OF THIS SUBSECTION. ANY
PERSON WHO SUCCESSFULLY COMPLETES A COURSE IN SAFE
PERSONAL WATERCRAFT HANDLING AND HOLDS A
CERTIFICATE OR LICENSE FROM ANOTHER STATE WHICH
HAS SUCH A RECIPROCAL AGREEMENT WITH THE
COMMISSIONER MAY OPERATE A PERSONAL WATERCRAFT ON
THE WATERS OF THIS STATE.
[(e)] (f) Any person required to obtain a
certificate of personal watercraft operation
pursuant to this section shall have such
certificate on board at all times while operating
a personal watercraft. On demand of an officer
authorized to enforce the provisions of this
chapter, such person shall exhibit the certificate
to the officer.
[(f)] (g) Any person who violates any
provision of this section shall be fined not less
than sixty dollars nor more than two hundred fifty
dollars for each such violation.
Sec. 2. Section 15-140b of the general
statutes is repealed and the following is
substituted in lieu thereof:
Written permission shall be obtained from the
commissioner at least [fifteen] THIRTY days in
advance for any marine parade, regatta, race,
tournament or exhibition to be held on state
waters, as defined in section 15-127, OR, BY
AGREEMENT BETWEEN THE UNITED STATES COAST GUARD
AND THE COMMISSIONER, ON FEDERAL WATERS, AS
DEFINED IN SAID SECTION 15-127. The commissioner
may grant season permits. Any person who obtains
such permission shall be responsible for providing
reasonable protection as prescribed by the
commissioner and for taking reasonable precautions
to safeguard persons and property. During any
authorized event, the COMMISSIONER MAY REQUIRE THE
person conducting it [shall] TO conspicuously
display one or more WARNING flags, WARNING BUOYS
OR WARNING SIGNS as prescribed by the
commissioner. When such warning [flags] DEVICES
are displayed, no watercraft not participating in
the event shall cross the course or area of the
event, except in an emergency. The warning [flags]
DEVICES shall be removed for reasonable periods of
time during the event to allow nonparticipating
watercraft to pass through the area. Any person
who violates any provision of this section shall
be subject to the penalty in subsection (b) of
section 15-139.
Sec. 3. Section 15-149b of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) ANY LAW ENFORCEMENT OFFICER, FIRE
DEPARTMENT PERSONNEL, RESCUE SERVICE PERSONNEL,
EMERGENCY MEDICAL TECHNICIAN OR OTHER EMERGENCY
RESPONSE OFFICIAL WHO RECEIVES THE INITIAL REPORT
OF A BOATING ACCIDENT IN WHICH A PERSON IS KILLED
OR INJURED OR DISAPPEARS FROM ON BOARD UNDER
CIRCUMSTANCES SUGGESTING A POSSIBILITY OF DEATH OR
INJURY SHALL IMMEDIATELY NOTIFY THE COMMISSIONER
OF ENVIRONMENTAL PROTECTION. THE COMMISSIONER
SHALL INVESTIGATE ANY ACCIDENT RESULTING IN THE
DEATH OR DISAPPEARANCE OF ANY PERSON. THE
COMMISSIONER SHALL INVESTIGATE ANY ACCIDENT
RESULTING IN SERIOUS INJURY WHEN HE DEEMS SUCH AN
INVESTIGATION TO BE NECESSARY.
(b) On and after July 7, 1987, any officer
authorized to enforce the provisions of this
chapter who interviews participants or witnesses
at the time or scene of a boating accident for
which a report is required pursuant to section
15-149a shall submit a copy of the report of the
interviews to the Commissioner of Environmental
Protection. The report shall contain the names of
the persons and vessels involved, all information
necessary to determine the cause of the accident,
the conditions at the time of the accident and the
enforcement action taken. The report shall be on
forms prescribed by the commissioner and shall be
submitted not more than five days after the
completion of the interviews.
Sec. 4. This act shall take effect from its
passage, except that section 2 shall take effect
October 1, 1998.
Approved May 27, 1997