3rd Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to personal watercraft; modifying provisions 1.3 for the operation of personal watercraft; amending 1.4 Minnesota Statutes 1996, sections 86B.101, subdivision 1.5 2; 86B.313, subdivisions 1, 3, and 4; and 86B.805, by 1.6 adding a subdivision. 1.7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.8 Section 1. Minnesota Statutes 1996, section 86B.101, 1.9 subdivision 2, is amended to read: 1.10 Subd. 2. [YOUTH WATERCRAFT SAFETY COURSE.] (a) The 1.11 commissioner shall establish an educational course and a testing 1.12 program for personal watercraft and watercraft operators and for 1.13 persons age 12 or older but younger than age 18 required to take 1.14 the watercraft safety course. The commissioner shall prescribe 1.15 a written test as part of the course. A personal watercraft 1.16 educational course and testing program that emphasizes safe and 1.17 legal operation must be required for persons age 13 or older but 1.18 younger than age 18 operating personal watercraft. 1.19 (b) The commissioner shall issue a watercraft operator's 1.20 permit to a person age 12 or older but younger than age 18 who 1.21 successfully completes the educational program and the written 1.22 test. 1.23 Sec. 2. Minnesota Statutes 1996, section 86B.313, 1.24 subdivision 1, is amended to read: 1.25 Subdivision 1. [GENERAL REQUIREMENTS.] (a) In addition to 1.26 requirements of other laws relating to watercraft,
it is2.1 unlawful toa person may not operate or to permit the operation 2.2 of a personal watercraft: 2.3 (1) without each person on board the personal watercraft 2.4 wearing a United States Coast Guard approved Type I, II, III, or 2.5 V personal flotation device; 2.6 (2) between one hour before sunset and 8:009:30 a.m.; 2.7 (3) at greater than slow-no wake speed within 100150 feet 2.8 of: 2.9 (i) a shoreline ,; 2.10 (ii) a dock ,; 2.11 (iii) a swimmer , or; 2.12 (iv) a raft used for swimming or diving raft; or 2.13 (v) a moored, anchored, or nonmotorized watercraft at2.14 greater than slow-no wake speed; 2.15 (4) while towing a person on water skis, a kneeboard, an 2.16 inflatable craft, or any other device unless: 2.17 (i) an observer is on board; or 2.18 (ii) the personal watercraft is equipped with 2.19 factory-installed or factory-specified accessory mirrors that 2.20 give the operator a wide field of vision to the rear; 2.21 (5) without the lanyard-type engine cutoff switch being 2.22 attached to the person, clothing, or personal flotation device 2.23 of the operator, if the personal watercraft is equipped by the 2.24 manufacturer with such a device; 2.25 (6) if any part of the spring-loaded throttle mechanism has 2.26 been removed, altered, or tampered with so as to interfere with 2.27 the return-to-idle system; 2.28 (7) to chase or harass wildlife; 2.29 (8) through emergent or floating vegetation at other than a 2.30 slow-no wake speed; 2.31 (9) in a manner that unreasonably or unnecessarily 2.32 endangers life, limb, or property, including weaving through 2.33 congested watercraft traffic, jumping the wake of another 2.34 watercraft within 100150 feet of the other watercraft, or 2.35 operating the watercraft while facing backwards; or2.36 (10) in any other manner that is not reasonable and 3.1 prudent; or 3.2 (11) without a personal watercraft rules decal, issued by 3.3 the commissioner, attached to the personal watercraft so as to 3.4 be in full view of the operator. 3.5 (b) Paragraph (a), clause (3), does not apply to a person 3.6 operating a personal watercraft to launch or land a person on 3.7 water skis, a kneeboard, or similar device by the most direct 3.8 route to open water. 3.9 Sec. 3. Minnesota Statutes 1996, section 86B.313, 3.10 subdivision 3, is amended to read: 3.11 Subd. 3. [OPERATOR'S PERMIT.] Except in the case of an 3.12 emergency, a person 13 years of age or over but less than 18 3.13 years of age may not operate a personal watercraft, regardless 3.14 of horsepower, without possessing a valid watercraft operator's 3.15 permit as required by section 86B.305, unless there is a person 3.16 1821 years of age or older on board the craft. In addition to 3.17 the permit requirement, a person 13 years of age operating a 3.18 personal watercraft must maintain unaided observationremain 3.19 under visual supervision by a person 18who is 21 years of age 3.20 or older. It is unlawful for theAn owner of a personal 3.21 watercraft tomay not permit the personal watercraft to be 3.22 operated contrary to this subdivision. 3.23 Sec. 4. Minnesota Statutes 1996, section 86B.313, 3.24 subdivision 4, is amended to read: 3.25 Subd. 4. [DEALERS AND RENTAL OPERATIONS.] (a) A dealer of 3.26 personal watercraft shall distribute a summary of the laws and 3.27 rules governing the operation of personal watercraft and, upon 3.28 request, shall provide instruction to a purchaser regarding: 3.29 (1) the laws and rules governing personal watercraft; and 3.30 (2) the safe operation of personal watercraft. 3.31 (b) A person who offers personal watercraft for rent: 3.32 (1) shall provide a summary of the laws and rules governing 3.33 the operation of personal watercraft and provide instruction 3.34 regarding the laws and rules and the safe operation of personal 3.35 watercraft to each person renting a personal watercraft; and3.36 (2) shall provide a United States Coast Guard approved Type 4.1 I, II, III, or V personal flotation device and any other 4.2 required safety equipment to all persons who rent a personal 4.3 watercraft at no additional cost; and 4.4 (3) shall require that a watercraft operator's permit from 4.5 this state or from the operator's state of residence be shown 4.6 each time a personal watercraft is rented to any person younger 4.7 than age 18 and shall record the permit on the form provided by 4.8 the commissioner. 4.9 (c) Each dealer of personal watercraft or person offering 4.10 personal watercraft for rent shall have the person who purchases 4.11 or rents a personal watercraft sign a form provided by the 4.12 commissioner acknowledging that the purchaser or renter has been 4.13 provided a copy of the laws and rules regarding personal 4.14 watercraft operation and has read them. The form must be 4.15 retained by the dealer or person offering personal watercraft 4.16 for rent for a period of six months following the date of 4.17 signature and must be made available for inspection by sheriff's 4.18 deputies or conservation officers during normal business hours. 4.19 Sec. 5. Minnesota Statutes 1996, section 86B.805, is 4.20 amended by adding a subdivision to read: 4.21 Subd. 3. [EXEMPTIONS FOR ENFORCEMENT WATERCRAFT.] The 4.22 restrictions on hours and location of operation in this chapter 4.23 do not apply to emergency, safety, and enforcement watercraft. 4.24 Sec. 6. [EFFECTIVE DATE.] 4.25 Section 1 is effective the day following final enactment. 4.26 Sections 2 to 5 are effective on June 1, 1998.