SF 374

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to watercraft; modifying provisions for the 
  1.3             operation of personal watercraft; requiring insurance 
  1.4             to obtain a personal watercraft license; amending 
  1.5             Minnesota Statutes 1996, sections 86B.313, 
  1.6             subdivisions 1 and 3; and 86B.401, subdivision 1. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1996, section 86B.313, 
  1.9   subdivision 1, is amended to read: 
  1.10     Subdivision 1.  [GENERAL REQUIREMENTS.] In addition to 
  1.11  requirements of other laws relating to watercraft, it is 
  1.12  unlawful to operate or to permit the operation of a personal 
  1.13  watercraft: 
  1.14     (1) without each person on board the personal watercraft 
  1.15  wearing a United States Coast Guard approved Type I, II, III, or 
  1.16  V personal flotation device; 
  1.17     (2) between sunset and 8:00 a.m. 6 p.m. and 10 a.m.; 
  1.18     (3) at greater than slow-no wake speed within 100 200 feet 
  1.19  of: 
  1.20     (i) a shoreline,; 
  1.21     (ii) a dock,; 
  1.22     (iii) a swimmer, or; 
  1.23     (iv) a raft used for swimming or diving raft; or 
  1.24     (v) a moored, anchored, or nonmotorized watercraft at 
  1.25  greater than slow-no wake speed; 
  1.26     (4) while towing a person on water skis, a kneeboard, an 
  2.1   inflatable craft, or any other device unless: 
  2.2      (i) an observer is on board; or 
  2.3      (ii) the personal watercraft is equipped with 
  2.4   factory-installed or factory-specified accessory mirrors that 
  2.5   give the operator a wide field of vision to the rear; 
  2.6      (5) without the lanyard-type engine cutoff switch being 
  2.7   attached to the person, clothing, or personal flotation device 
  2.8   of the operator, if the personal watercraft is equipped by the 
  2.9   manufacturer with such a device; 
  2.10     (6) if any part of the spring-loaded throttle mechanism has 
  2.11  been removed, altered, or tampered with so as to interfere with 
  2.12  the return-to-idle system; 
  2.13     (7) to chase or harass wildlife; 
  2.14     (8) through emergent or floating vegetation at other than a 
  2.15  slow-no wake speed; 
  2.16     (9) in a manner that unreasonably or unnecessarily 
  2.17  endangers life, limb, or property, including weaving through 
  2.18  congested watercraft traffic, jumping the wake of another 
  2.19  watercraft within 100 feet of the other watercraft, or operating 
  2.20  the watercraft while facing backwards; or 
  2.21     (10) in any other manner that is not reasonable and 
  2.22  prudent.; or 
  2.23     (11) without a personal watercraft rules decal, issued by 
  2.24  the commissioner, attached to the personal watercraft so as to 
  2.25  be in full view and readable by the operator while underway. 
  2.26     Sec. 2.  Minnesota Statutes 1996, section 86B.313, 
  2.27  subdivision 3, is amended to read: 
  2.28     Subd. 3.  [OPERATOR'S PERMIT.] Except in the case of an 
  2.29  emergency, a person 13 years of age or over but less than 18 
  2.30  years of age may not operate a personal watercraft, regardless 
  2.31  of horsepower, without possessing a valid watercraft operator's 
  2.32  permit as required by section 86B.305, unless there is a person 
  2.33  18 21 years of age or older on board the craft.  In addition to 
  2.34  the permit requirement, a person 13 years of age operating a 
  2.35  personal watercraft must maintain unaided observation by a 
  2.36  person 18 21 years of age or older.  It is unlawful for the 
  3.1   owner of a personal watercraft to permit the personal watercraft 
  3.2   to be operated contrary to this subdivision. 
  3.3      Sec. 3.  Minnesota Statutes 1996, section 86B.401, 
  3.4   subdivision 1, is amended to read: 
  3.5      Subdivision 1.  [APPLICATION.] (a) A person may apply to 
  3.6   the commissioner of natural resources, the commissioner of 
  3.7   public safety, or an authorized deputy registrar of motor 
  3.8   vehicles to license a watercraft in a form as prescribed by the 
  3.9   commissioner of public safety.  
  3.10     (b) The application must state the names and addresses of 
  3.11  all owners of the watercraft and be signed by at least one owner.
  3.12     (c) The installation or presence of a marine toilet in a 
  3.13  watercraft must be indicated by the owner upon application for 
  3.14  licensing of the watercraft or marine conveyance, and a license 
  3.15  for watercraft bearing a marine toilet may not be issued except 
  3.16  upon certification by the owner of the installation of an 
  3.17  acceptable retention device for use with the marine toilet.  
  3.18     (d) No license shall be issued for personal watercraft, as 
  3.19  defined in section 86B.005, subdivision 14a, until the applicant 
  3.20  obtains and files with the commissioner of natural resources a 
  3.21  policy of liability insurance by an insurance company authorized 
  3.22  to do business under the laws of the state of Minnesota, to be 
  3.23  kept in force for the remainder of the licensing period.  The 
  3.24  policy shall insure the applicant, the applicant's renters and 
  3.25  lessees, and the persons operating the personal watercraft 
  3.26  against liability for loss in the sum of $25,000 for injury to 
  3.27  or death of any one person in any one accident, $50,000 for 
  3.28  injury to or death of more than one person in any one accident, 
  3.29  and $5,000 because of damage to or destruction of property in 
  3.30  any one accident resulting from the negligent operation, use, or 
  3.31  defective condition of any such personal watercraft belonging to 
  3.32  the applicant.  The policy shall contain a provision for a 
  3.33  continuing liability thereunder for the term of the license to 
  3.34  the full amount thereof, notwithstanding any recovery thereon.  
  3.35  The policy also shall contain an endorsement to the effect that 
  3.36  the liability under the policy is not affected by reason of any 
  4.1   personal watercraft having been furnished to or rented or leased 
  4.2   by a minor, and further, that the policy issuer shall notify the 
  4.3   commissioner of natural resources by letter at least ten days 
  4.4   before the cancellation of the insurance policy.  The policy 
  4.5   shall also contain a provision providing for at least $20,000 in 
  4.6   medical payments to cover the operator or passenger of the 
  4.7   personal watercraft if personal injury results to the operator 
  4.8   or passenger from its use. 
  4.9      Sec. 4.  [EFFECTIVE DATE.] 
  4.10     Sections 1 to 3 are effective January 1, 1998.