Minnesota Session Laws - 1998, Regular Session

                            CHAPTER 400-S.F.No. 1169 
                  An act relating to personal watercraft; modifying 
                  provisions for the operation of personal watercraft; 
                  amending Minnesota Statutes 1996, sections 86B.101, 
                  subdivision 2; 86B.313, subdivisions 1, 3, and 4; and 
                  86B.805, by adding a subdivision. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1996, section 86B.101, 
        subdivision 2, is amended to read: 
           Subd. 2.  [YOUTH WATERCRAFT SAFETY COURSE.] (a) The 
        commissioner shall establish an educational course and a testing 
        program for personal watercraft and watercraft operators and for 
        persons age 12 or older but younger than age 18 required to take 
        the watercraft safety course.  The commissioner shall prescribe 
        a written test as part of the course.  A personal watercraft 
        educational course and testing program that emphasizes safe and 
        legal operation must be required for persons age 13 or older but 
        younger than age 18 operating personal watercraft. 
           (b) The commissioner shall issue a watercraft operator's 
        permit to a person age 12 or older but younger than age 18 who 
        successfully completes the educational program and the written 
        test. 
           Sec. 2.  Minnesota Statutes 1996, section 86B.313, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [GENERAL REQUIREMENTS.] (a) In addition to 
        requirements of other laws relating to watercraft, it is 
        unlawful to a person may not operate or to permit the operation 
        of a personal watercraft: 
           (1) without each person on board the personal watercraft 
        wearing a United States Coast Guard approved Type I, II, III, or 
        V personal flotation device; 
           (2) between one hour before sunset and 8:00 9:30 a.m.; 
           (3) at greater than slow-no wake speed within 100 150 feet 
        of:  
           (i) a shoreline,; 
           (ii) a dock,; 
           (iii) a swimmer, or; 
           (iv) a raft used for swimming or diving raft; or 
           (v) a moored, anchored, or nonmotorized watercraft at 
        greater than slow-no wake speed; 
           (4) while towing a person on water skis, a kneeboard, an 
        inflatable craft, or any other device unless: 
           (i) an observer is on board; or 
           (ii) the personal watercraft is equipped with 
        factory-installed or factory-specified accessory mirrors that 
        give the operator a wide field of vision to the rear; 
           (5) without the lanyard-type engine cutoff switch being 
        attached to the person, clothing, or personal flotation device 
        of the operator, if the personal watercraft is equipped by the 
        manufacturer with such a device; 
           (6) if any part of the spring-loaded throttle mechanism has 
        been removed, altered, or tampered with so as to interfere with 
        the return-to-idle system; 
           (7) to chase or harass wildlife; 
           (8) through emergent or floating vegetation at other than a 
        slow-no wake speed; 
           (9) in a manner that unreasonably or unnecessarily 
        endangers life, limb, or property, including weaving through 
        congested watercraft traffic, jumping the wake of another 
        watercraft within 100 150 feet of the other watercraft, or 
        operating the watercraft while facing backwards; or 
           (10) in any other manner that is not reasonable and 
        prudent; or 
           (11) without a personal watercraft rules decal, issued by 
        the commissioner, attached to the personal watercraft so as to 
        be in full view of the operator. 
           (b) Paragraph (a), clause (3), does not apply to a person 
        operating a personal watercraft to launch or land a person on 
        water skis, a kneeboard, or similar device by the most direct 
        route to open water. 
           Sec. 3.  Minnesota Statutes 1996, section 86B.313, 
        subdivision 3, is amended to read: 
           Subd. 3.  [OPERATOR'S PERMIT.] Except in the case of an 
        emergency, a person 13 years of age or over but less than 18 
        years of age may not operate a personal watercraft, regardless 
        of horsepower, without possessing a valid watercraft operator's 
        permit as required by section 86B.305, unless there is a person 
        18 21 years of age or older on board the craft.  In addition to 
        the permit requirement, a person 13 years of age operating a 
        personal watercraft must maintain unaided observation remain 
        under visual supervision by a person 18 who is 21 years of age 
        or older.  It is unlawful for the An owner of a personal 
        watercraft to may not permit the personal watercraft to be 
        operated contrary to this subdivision. 
           Sec. 4.  Minnesota Statutes 1996, section 86B.313, 
        subdivision 4, is amended to read: 
           Subd. 4.  [DEALERS AND RENTAL OPERATIONS.] (a) A dealer of 
        personal watercraft shall distribute a summary of the laws and 
        rules governing the operation of personal watercraft and, upon 
        request, shall provide instruction to a purchaser regarding: 
           (1) the laws and rules governing personal watercraft; and 
           (2) the safe operation of personal watercraft. 
           (b) A person who offers personal watercraft for rent: 
           (1) shall provide a summary of the laws and rules governing 
        the operation of personal watercraft and provide instruction 
        regarding the laws and rules and the safe operation of personal 
        watercraft to each person renting a personal watercraft; and 
           (2) shall provide a United States Coast Guard approved Type 
        I, II, III, or V personal flotation device and any other 
        required safety equipment to all persons who rent a personal 
        watercraft at no additional cost; and 
           (3) shall require that a watercraft operator's permit from 
        this state or from the operator's state of residence be shown 
        each time a personal watercraft is rented to any person younger 
        than age 18 and shall record the permit on the form provided by 
        the commissioner. 
           (c) Each dealer of personal watercraft or person offering 
        personal watercraft for rent shall have the person who purchases 
        or rents a personal watercraft sign a form provided by the 
        commissioner acknowledging that the purchaser or renter has been 
        provided a copy of the laws and rules regarding personal 
        watercraft operation and has read them.  The form must be 
        retained by the dealer or person offering personal watercraft 
        for rent for a period of six months following the date of 
        signature and must be made available for inspection by sheriff's 
        deputies or conservation officers during normal business hours. 
           Sec. 5.  Minnesota Statutes 1996, section 86B.805, is 
        amended by adding a subdivision to read: 
           Subd. 3.  [EXEMPTIONS FOR ENFORCEMENT WATERCRAFT.] The 
        restrictions on hours and location of operation in this chapter 
        do not apply to emergency, safety, and enforcement watercraft. 
           Sec. 6.  [EFFECTIVE DATE.] 
           Section 1 is effective the day following final enactment.  
        Sections 2 to 5 are effective on June 1, 1998. 
           Presented to the governor April 10, 1998 
           Signed by the governor April 20, 1998, 11:15 a.m.