1998 Minnesota Statutes

     86B.331 Operation while using alcohol or drugs or with a 
  physical or mental disability. 

    Subdivision 1.    Acts prohibited.  (a) An owner or 
 other person having charge or control of a motorboat may not 
 authorize or allow an individual the person knows or has reason 
 to believe is under the influence of alcohol or a controlled or 
 other substance to operate the motorboat in operation on the 
 waters of this state. 

    (b) An owner or other person having charge or control of a 
 motorboat may not knowingly authorize or allow a person, who by 
 reason of a physical or mental disability is incapable of 
 operating the motorboat, to operate the motorboat in operation 
 on the waters of this state.  

    (c) A person who operates or is in physical control of a 
 motorboat on the waters of this state is subject to sections 
 169.121 to 169.1218 and 169.123 to 169.129.  In addition to the 
 applicable sanctions under chapter 169, a person who is 
 convicted of violating section 169.121 while operating a 
 motorboat, shall be prohibited from operating the motorboat on 
 the waters of this state for a period of 90 days between May 1 
 and October 31, extending over two consecutive years if 
 necessary.  If the person operating the motorboat refuses to 
 comply with a lawful demand to submit to testing under section 
 169.123, the person shall be prohibited from operating the 
 motorboat for a period of one year.  The commissioner shall 
 notify the convicted person of the period during which the 
 person is prohibited from operating a motorboat.  

    (d) Administrative and judicial review of the operating 
 privileges prohibition is governed by section 97B.066, 
 subdivision 7 to 9, if the person does not have a prior impaired 
 driving conviction or prior license revocation, as defined in 
 section 169.121, subdivision 3.  Otherwise, administrative and 
 judicial review of the prohibition is governed by section 
 169.123.  

    (e) The court shall promptly forward to the commissioner 
 and the department of public safety copies of all convictions 
 and criminal and civil sanctions imposed under this section and 
 chapter 169 relating to motorboats. 

    (f) A person who violates paragraph (a) or (b), or an 
 ordinance in conformity with either of them, is guilty of a 
 misdemeanor. 

    (g) For purposes of this subdivision, a motorboat "in 
 operation" does not include a motorboat that is anchored, 
 beached, or securely fastened to a dock or other permanent 
 mooring, or a motorboat that is being rowed or propelled by 
 other than mechanical means. 

    Subd. 2. Repealed, 1Sp1997 c 2 s 69 

    Subd. 3. Repealed, 1Sp1997 c 2 s 69 

    Subd. 4. Repealed, 1Sp1997 c 2 s 69 

    Subd. 5. Repealed, 1Sp1997 c 2 s 69 

    Subd. 5a. Repealed, 1Sp1997 c 2 s 69 

    Subd. 6. Repealed, 1Sp1997 c 2 s 69 

    Subd. 7. Repealed, 1Sp1997 c 2 s 69 

    Subd. 8. Repealed, 1Sp1997 c 2 s 69 

    HIST: 1990 c 391 art 9 s 18; 1992 c 570 art 3 s 1; 1994 c 615 
 s 5,6; 1995 c 230 s 6; 1Sp1997 c 2 s 5