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| 1 | | AN ACT concerning transportation. |
| 2 | | Be it enacted by the People of the State of Illinois, |
| 3 | | represented in the General Assembly: |
| 4 | | Section 5. The Boat Registration and Safety Act is amended |
| 5 | | by changing Sections 1-2, 2-2, 3-11, 4-2, 4-4, 4-11, 5-13, |
| 6 | | 5-18, 7-1, and 7-2 as follows: |
| 7 | | (625 ILCS 45/1-2) (from Ch. 95 1/2, par. 311-2) |
| 8 | | Sec. 1-2. Definitions. As used in this Act, unless the |
| 9 | | context clearly requires a different meaning: |
| 10 | | "Airboat" means a vessel that is typically flat-bottomed |
| 11 | | and propelled by an aircraft-type propeller powered by an |
| 12 | | engine. |
| 13 | | "Boating accident" means a collision, accident, or |
| 14 | | casualty involving a vessel in or upon, or entering into or |
| 15 | | exiting from, the water, including capsizing, collision with |
| 16 | | another vessel or object, sinking, personal injury, death, |
| 17 | | disappearance of a person from on board under circumstances |
| 18 | | that indicate the possibility of death or injury, or property |
| 19 | | damage to any vessel or dock. |
| 20 | | "Competent" means capable of assisting a water skier in |
| 21 | | case of injury or accident. |
| 22 | | "Consideration" means an economic benefit, inducement, |
| 23 | | right, or profit, including pecuniary payment accruing to an |
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| 1 | | individual, person, or entity, but not including a voluntary |
| 2 | | sharing of the actual expense of the voyage, by monetary |
| 3 | | contribution or donation of fuel, food, beverage, or other |
| 4 | | supplies. |
| 5 | | "Dealer" means any person who engages in the business of |
| 6 | | manufacturing, selling, or dealing in, on consignment or |
| 7 | | otherwise, any number of new watercraft or 5 or more used |
| 8 | | watercraft of any make during the year, including any |
| 9 | | off-highway vehicle dealer or snowmobile dealer or a person |
| 10 | | licensed as a new or used vehicle dealer who also sells or |
| 11 | | deals in, on consignment or otherwise, any number of |
| 12 | | watercraft as defined in this Act. |
| 13 | | "Department" means the Department of Natural Resources. |
| 14 | | "Inland Rules" means the Inland Navigation Rules Act of |
| 15 | | 1980. |
| 16 | | "International regulations" means the International |
| 17 | | Regulations for Preventing Collisions at Sea, 1972, including |
| 18 | | annexes currently in force for the United States. |
| 19 | | "Leeward side" means the side of a vessel's sail that is |
| 20 | | facing away or sheltered from the wind. |
| 21 | | "Lifeboat" means a small boat kept on board a larger boat |
| 22 | | for use in an emergency. |
| 23 | | "Livery" means a person, corporation, company, business, |
| 24 | | or entity that advertises a livery watercraft for use by |
| 25 | | another, in exchange for any type of consideration and does |
| 26 | | not provide the renter or lessee with a captain, crew, or any |
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| 1 | | staff or personnel to operate, oversee, maintain, or manage |
| 2 | | the watercraft. |
| 3 | | "Motorboat" or "power-driven vessel" means any vessel |
| 4 | | propelled by machinery whether such machinery is a principle |
| 5 | | source of propulsion. |
| 6 | | "Nonpowered watercraft" or "human-powered watercraft" |
| 7 | | means any canoe, kayak, kiteboard, paddleboard, ribbed |
| 8 | | inflatable, or any other watercraft propelled by oars, |
| 9 | | paddles, or poles but not powered by sail, canvas, human body |
| 10 | | part, or machinery of any sort. |
| 11 | | "Operate" means to use, navigate, employ, or otherwise be |
| 12 | | in actual physical control of a motorboat or vessel. |
| 13 | | "Operator" means a person who operates or is in actual |
| 14 | | physical control of a watercraft. |
| 15 | | "Owner" means a person, other than a secured party, having |
| 16 | | property rights or title to a watercraft. "Owner" includes a |
| 17 | | person entitled to the use or possession of a motorboat |
| 18 | | subject to an interest in another person, reserved or created |
| 19 | | by agreement and securing payment of performance of an |
| 20 | | obligation. "Owner" does not include a lessee under a lease |
| 21 | | not intended as security. |
| 22 | | "Passenger" means an individual carried on the vessel. |
| 23 | | "Passenger" does not mean: |
| 24 | | (1) the owner or individual representative of the |
| 25 | | owner, or in the case of a chartered vessel, an individual |
| 26 | | charterer or individual representative of the charterer, |
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| 1 | | but in no case shall this exemption found in this |
| 2 | | paragraph apply to more than one person that is physically |
| 3 | | present on a vessel at any one time; |
| 4 | | (2) the master; or |
| 5 | | (3) a member of the crew engaged in the business of the |
| 6 | | vessel who has not contributed consideration for carriage |
| 7 | | and who is paid for on board services. |
| 8 | | "Passenger for hire" means a passenger for whom |
| 9 | | consideration is contributed as a condition of carriage on the |
| 10 | | vessel. |
| 11 | | "Person" means any individual, firm, corporation, |
| 12 | | partnership, or association, and any agent, assignee, trustee, |
| 13 | | executor, receiver, or representative thereof. |
| 14 | | "Personal flotation device" or "PFD" means a device that |
| 15 | | is approved by the Commandant, U.S. Coast Guard, under Part |
| 16 | | 160 of Title 46 of the Code of Federal Regulations. |
| 17 | | "Personal injury" means any injury requiring treatment |
| 18 | | beyond first aid. |
| 19 | | "Personal watercraft" means a vessel propelled by a water |
| 20 | | jet pump or other machinery as its primary source of motive |
| 21 | | power and designed to be operated by a person sitting, |
| 22 | | standing, or kneeling on the vessel, rather than within the |
| 23 | | confines of a hull. |
| 24 | | "Principally operated" means the vessel is or will be |
| 25 | | primarily operated within the jurisdiction of the State during |
| 26 | | a calendar year. |
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| 1 | | "Recreational boat" means any vessel manufactured or used |
| 2 | | primarily for noncommercial use, or leased, rented, or |
| 3 | | chartered to another for noncommercial use. |
| 4 | | "Sailboat" or "sailing vessel" means any vessel under sail |
| 5 | | so long as the propelling machinery, if fitted, is not being |
| 6 | | used. |
| 7 | | "Seaplane" means any aircraft designed to maneuver on the |
| 8 | | water. |
| 9 | | "Specialty prop-craft" means a vessel that is similar in |
| 10 | | appearance and operation to a personal watercraft but that is |
| 11 | | powered by an outboard or propeller driven motor. |
| 12 | | "Throwable PFD" has the meaning provided in 33 CFR 175.13. |
| 13 | | "Underway" applies to a vessel or watercraft at all times |
| 14 | | except when it is moored at a dock or anchorage area. |
| 15 | | "Use" applies to all vessels on the waters of this State, |
| 16 | | whether moored or underway. |
| 17 | | "Vessel" or "watercraft" means every device or boat |
| 18 | | watercraft used or capable of being used as a means of |
| 19 | | transportation on water, except a seaplane on the water, air |
| 20 | | mattress or similar device, and boats used for concession |
| 21 | | rides in artificial bodies of water designed and used |
| 22 | | exclusively for such concessions. |
| 23 | | "Waters of this State" means any water within the |
| 24 | | jurisdiction of this State. |
| 25 | | "Wearable U.S. Coast Guard approved personal flotation |
| 26 | | device", "wearable U.S. Coast Guard approved PFD", and |
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| 1 | | "wearable PFD" have the meaning provided for "wearable PFD" in |
| 2 | | 33 CFR 175.13. |
| 3 | | "Windward side" means the side of a vessel's sail that has |
| 4 | | the wind blowing into the sail. |
| 5 | | "Wing in Ground" (WIG) vessel means a multimodal vessel |
| 6 | | which, in its main operational mode, flies in close proximity |
| 7 | | to the surface utilizing surface-effect action. |
| 8 | | (Source: P.A. 102-595, eff. 6-1-22.) |
| 9 | | (625 ILCS 45/2-2) (from Ch. 95 1/2, par. 312-2) |
| 10 | | Sec. 2-2. Inspection; removal; impoundment. |
| 11 | | (a) Agents of the Department or other duly authorized |
| 12 | | police officers may board and inspect any watercraft boat at |
| 13 | | any time for the purpose of determining if this Act is being |
| 14 | | complied with. If the boarding officer or agent discovers any |
| 15 | | violation of this Act, he may issue a summons to the operator |
| 16 | | of the boat requiring that the operator appear before the |
| 17 | | circuit court for the county within which the offense was |
| 18 | | committed. |
| 19 | | (b) Every watercraft vessel subject to this Act, if under |
| 20 | | way and upon being hailed by a designated law enforcement |
| 21 | | officer, must stop immediately and lay to. |
| 22 | | (c) Agents of the Department and other duly authorized |
| 23 | | police officers may enforce all federal laws and regulations |
| 24 | | which have been mutually agreed upon by the federal and state |
| 25 | | governments and are applicable to the operation of watercraft |
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| 1 | | on navigable waters and federal impoundments where concurrent |
| 2 | | jurisdiction exists between the federal and state governments. |
| 3 | | (d) Agents of the Department and other duly authorized |
| 4 | | police officers may seize and impound, at the owner's or |
| 5 | | operator's expense, any watercraft involved in a boating |
| 6 | | accident or a violation of Section 3A-21, 5-1, 5-2, or 5-16 of |
| 7 | | this Act. |
| 8 | | (e) If a watercraft is causing a traffic hazard because of |
| 9 | | its position on a waterway or its physical appearance is |
| 10 | | causing the impeding of traffic, its immediate removal from |
| 11 | | the waterway by a towing service may be authorized by a law |
| 12 | | enforcement agency having jurisdiction. |
| 13 | | (f) Whenever a peace officer reasonably believes that a |
| 14 | | person under arrest for a violation of Section 5-1, 5-2, or |
| 15 | | 5-16 of this Act or similar provision of a local ordinance, is |
| 16 | | likely, upon release, to commit a subsequent violation of |
| 17 | | Section 5-1, 5-2, or 5-16 or a similar provision of a local |
| 18 | | ordinance, the arresting officer shall have the watercraft |
| 19 | | which the person was operating at the time of the arrest |
| 20 | | impounded for a period of not more than 12 hours after the time |
| 21 | | of the arrest. The watercraft may be released by the arresting |
| 22 | | law enforcement agency without impoundment, or may be released |
| 23 | | prior to the end of the impoundment period, however, if: |
| 24 | | (1) the watercraft was not owned by the person under |
| 25 | | arrest, and the lawful owner requesting release possesses |
| 26 | | proof of ownership, and would not, as determined by the |
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| 1 | | arresting law enforcement agency: (i) indicate a lack of |
| 2 | | ability to operate a watercraft in a safe manner, or (ii) |
| 3 | | otherwise, by operating the watercraft, be in violation of |
| 4 | | this Act; or |
| 5 | | (2) the watercraft is owned by the person under |
| 6 | | arrest, and the person under arrest gives permission to |
| 7 | | another person to operate the watercraft, and the other |
| 8 | | person would not, as determined by the arresting law |
| 9 | | enforcement agency: (i) indicate a lack of ability to |
| 10 | | operate a watercraft in a safe manner, or (ii) otherwise, |
| 11 | | by operating the watercraft, be in violation of this Act. |
| 12 | | (Source: P.A. 93-156, eff. 1-1-04.) |
| 13 | | (625 ILCS 45/3-11) (from Ch. 95 1/2, par. 313-11) |
| 14 | | Sec. 3-11. Penalty. No person shall at any time: |
| 15 | | (a) falsely alter or change in any manner a certificate of |
| 16 | | number issued under the provisions hereof; , or |
| 17 | | (b) falsify any record required by this Act; , |
| 18 | | (c) falsify information on any application to the |
| 19 | | Department that is required to be provided to the Department |
| 20 | | by this Act; or |
| 21 | | (d) counterfeit any form of license provided for by this |
| 22 | | Act. |
| 23 | | (Source: P.A. 100-469, eff. 6-1-18.) |
| 24 | | (625 ILCS 45/4-2) (from Ch. 95 1/2, par. 314-2) |
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| 1 | | Sec. 4-2. Navigation lights. |
| 2 | | A. Watercraft subject to this Section shall be divided |
| 3 | | into classes as follows: |
| 4 | | 1. Class 1: Less than 16 feet in length. |
| 5 | | 2. Class 2: 16 feet or over and less than 26 feet in |
| 6 | | length. |
| 7 | | 3. Class 3: 26 feet or over and less than 40 feet in |
| 8 | | length. |
| 9 | | 4. Class 4: 40 feet or over and less than 65 feet in |
| 10 | | length. |
| 11 | | B. Every motorboat, underway from sunset to sunrise or |
| 12 | | underway in weather causing reduced visibility, shall carry |
| 13 | | and exhibit the following United States Coast Guard approved |
| 14 | | lights when underway and, during such time, shall not use any |
| 15 | | other lights that may be mistaken for or interfere with those |
| 16 | | prescribed as follows: |
| 17 | | 1. A Class 1 or Class 2 motorboat shall carry the |
| 18 | | following lights: |
| 19 | | (a) A bright white light aft to show all around the |
| 20 | | horizon; and |
| 21 | | (b) A combined light in the fore part of the |
| 22 | | watercraft and lower than the white light aft, showing |
| 23 | | green to starboard and red to port, so fixed as to |
| 24 | | throw the light from right ahead to 2 points (22.5 |
| 25 | | degrees) abaft the beam on their respective sides. |
| 26 | | 2. A Class 3 or Class 4 motorboat shall carry the |
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| 1 | | following lights: |
| 2 | | (a) A bright white light in the fore part of the |
| 3 | | watercraft as near the stern as practicable, so |
| 4 | | constructed as to show the unbroken light over an arc |
| 5 | | of the horizon of 20 points (225 degrees) of the |
| 6 | | compass, so fixed as to throw the light 10 points |
| 7 | | (112.5 degrees) on each side of the watercraft, |
| 8 | | namely, from right ahead to 2 points (22.5 degrees) |
| 9 | | abaft the beam on either side; |
| 10 | | (b) A bright white light aft, mounted higher than |
| 11 | | the white light forward, to show all around the |
| 12 | | horizon; and |
| 13 | | (c) On the starboard side, a green light so |
| 14 | | constructed as to show an unbroken light over an arc of |
| 15 | | the horizon of 10 points (112.5 degrees) of the |
| 16 | | compass, so fixed as to throw the light from right |
| 17 | | ahead to 2 points (22.5 degrees) abaft the beam on the |
| 18 | | starboard side. On the port side, a red light so |
| 19 | | constructed as to show an unbroken light over an arc of |
| 20 | | the horizon of 10 points (112.5 degrees) of the |
| 21 | | compass, so fixed as to throw the light from right |
| 22 | | ahead to 2 points (22.5 degrees) abaft the beam on the |
| 23 | | port side. The side lights shall be fitted with |
| 24 | | inboard screens so set as to prevent these lights from |
| 25 | | being seen across the bow. |
| 26 | | 3. A Class 1 or Class 2 motorboat propelled by sail |
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| 1 | | alone shall exhibit the combined light prescribed by |
| 2 | | paragraph (1) and a 12-point (135 degrees) white light |
| 3 | | aft. A Class 3 or Class 4 motorboat, when so propelled, |
| 4 | | shall exhibit the colored side lights, suitably screened |
| 5 | | as prescribed by paragraph (2) and a 12-point (135 |
| 6 | | degrees) white light aft. |
| 7 | | 4. Every white light prescribed by this Section shall |
| 8 | | be of such character as to be visible at a distance of at |
| 9 | | least 2 miles. Every colored light prescribed by this |
| 10 | | Section shall be of such character as to be visible at a |
| 11 | | distance of at least one mile. As used in this subsection |
| 12 | | "visible", when applied to lights, means visible on a dark |
| 13 | | night with clear atmosphere. |
| 14 | | 5. If propelled by sail and machinery, a motorboat |
| 15 | | shall carry the lights required by this Section for a |
| 16 | | motorboat propelled by machinery only. |
| 17 | | 6. All other watercraft over 65 feet in length and |
| 18 | | those propelled solely by wind effect on the sail shall |
| 19 | | display lights prescribed by federal regulations. |
| 20 | | C. Nonpowered watercraft shall carry, ready at hand, a |
| 21 | | lantern or flashlight showing a white light that shall be |
| 22 | | exhibited in sufficient time to avert collision. Manually |
| 23 | | propelled watercraft used on the waters of this State where |
| 24 | | power-driven vessels are prohibited are exempt from the |
| 25 | | provisions of this Section. |
| 26 | | D. Any watercraft may carry and exhibit the lights |
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| 1 | | required by the international regulations in lieu of the |
| 2 | | lights required by subsection B of this Section. |
| 3 | | E. All watercraft, when anchored, other than in a special |
| 4 | | anchorage area as defined in 33 CFR 109.10, shall, from sunset |
| 5 | | to sunrise, carry and display a steady white light visible all |
| 6 | | around the horizon for a distance of no less than 2 miles. |
| 7 | | F. The lights prescribed in this Section shall at minimum |
| 8 | | have an intensity so as to be visible at the minimum ranges as |
| 9 | | set forth in 33 CFR 83.22 (Blank). |
| 10 | | G. (Blank). |
| 11 | | (Source: P.A. 102-595, eff. 6-1-22.) |
| 12 | | (625 ILCS 45/4-4) (from Ch. 95 1/2, par. 314-4) |
| 13 | | Sec. 4-4. Whistles.) It is unlawful to operate a motorboat |
| 14 | | without a mouth, hand or power operated whistle, horn or other |
| 15 | | appliance, capable of producing a blast of 2 seconds or more |
| 16 | | duration and having an audible distance as set forth in 33 CFR |
| 17 | | 86.01 for at least one-half mile. |
| 18 | | (Source: P.A. 82-783.) |
| 19 | | (625 ILCS 45/4-11) (from Ch. 95 1/2, par. 314-11) |
| 20 | | Sec. 4-11. Engine cut-off switch. |
| 21 | | (a) As used in this Section: |
| 22 | | "Engine cut-off switch link" means the lanyard or wireless |
| 23 | | cut-off device used to attach the motorboat operator to the |
| 24 | | engine cut-off switch installed on the motorboat. |
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| 1 | | "Engine cut-off switch" means an emergency switch |
| 2 | | installed on a motorboat that: |
| 3 | | (1) is designed to shut off the engine if: |
| 4 | | (A) the motorboat operator using a lanyard |
| 5 | | attachment activates the switch by falling overboard |
| 6 | | or otherwise moving beyond the length of the lanyard; |
| 7 | | or |
| 8 | | (B) the motorboat operator or a passenger |
| 9 | | using a wireless attachment activates the switch by |
| 10 | | falling overboard and submerging a man-overboard |
| 11 | | transmitter; and |
| 12 | | (2) attaches: |
| 13 | | (A) physically to the motorboat operator |
| 14 | | through the use of a lanyard worn by the operator; or |
| 15 | | (B) wirelessly through the use of a |
| 16 | | water-activated man-overboard transmitter worn by the |
| 17 | | motorboat operator or any similarly equipped passenger |
| 18 | | on the motorboat. means an operational emergency |
| 19 | | cut-off engine stop switch installed on a motorboat |
| 20 | | that attaches to a motorboat operator by an engine |
| 21 | | cut-off switch link. |
| 22 | | (b) A motorboat operator may not operate a motorboat less |
| 23 | | than 26 feet in length that is equipped by the manufacturer |
| 24 | | with an engine cutoff switch and such switch is not in use |
| 25 | | while the motorboat is operating on plane or above |
| 26 | | displacement speed. No person may operate a watercraft without |
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| 1 | | first verifying that the engine cut-off switch is operational |
| 2 | | and fully functional and properly attaching the lanyard or |
| 3 | | wireless attachment, as appropriate for the specific |
| 4 | | motorboat, to the operator's body or to the clothing or |
| 5 | | personal flotation device being worn by the operator. |
| 6 | | (c) The requirement under paragraph (1) of subsection (a) |
| 7 | | shall not apply if: |
| 8 | | (A) the main helm of the covered vessel is installed |
| 9 | | within an enclosed cabin; or |
| 10 | | (B) the vessel does not have an engine cut-off switch. |
| 11 | | No person may operate any motor boat, including personal |
| 12 | | watercraft or specialty prop-craft, equipped with an |
| 13 | | engine cut-off switch while the engine is running and the |
| 14 | | motorboat is underway without verifying that the engine |
| 15 | | cut-off switch is operational and fully-functional and: |
| 16 | | (1) the engine cut-off switch link is properly |
| 17 | | attached to his or her person, clothing or worn PFD, as |
| 18 | | appropriate for the specific vessel; or |
| 19 | | (2) activating the wireless cut-off system. |
| 20 | | (Source: P.A. 96-1033, eff. 7-14-10.) |
| 21 | | (625 ILCS 45/5-13) (from Ch. 95 1/2, par. 315-8) |
| 22 | | Sec. 5-13. Traffic rules. |
| 23 | | A. The area straight ahead of a vessel to the point that is |
| 24 | | 22.5 degrees beyond the middle of the vessel on the starboard |
| 25 | | side of the watercraft shall be designated the danger zone. An |
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| 1 | | operator of a watercraft shall yield the right-of-way to any |
| 2 | | other watercraft occupying or entering into the danger zone |
| 3 | | that may result in collision. |
| 4 | | A-5. Head-on situation. |
| 5 | | (1) If 2 power-driven vessels are meeting head-on or |
| 6 | | nearly head-on courses so as to involve risk of collision, |
| 7 | | each shall alter course to starboard so that each shall |
| 8 | | pass on the port side of the other. |
| 9 | | (2) A vessel proceeding along the course of a narrow |
| 10 | | channel or canal shall keep as near to the outer limit of |
| 11 | | the channel or canal that lies on the starboard side as is |
| 12 | | safe and practicable. |
| 13 | | (3) A power-driven vessel operating in narrow channels |
| 14 | | and proceeding downbound with a following current |
| 15 | | downstream shall have the right-of-way over an upbound |
| 16 | | vessel, shall propose the manner and place of passage, and |
| 17 | | shall imitate the maneuvering signals as required by law a |
| 18 | | vessel proceeding upstream. The vessel proceeding upstream |
| 19 | | shall yield as necessary to permit safe passing. |
| 20 | | B. Crossing. As used in this Section, "crossing" means 2 |
| 21 | | or more watercraft traveling in directions that would have the |
| 22 | | path of travel of the watercraft intersect each other. |
| 23 | | (1) If 2 power-driven vessels are crossing so as to |
| 24 | | involve the risk of collision, the vessel that has the |
| 25 | | other on the starboard side shall keep out of the way and |
| 26 | | shall avoid crossing ahead of the other vessel. |
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| 1 | | (2) A power-driven vessel crossing a river shall keep |
| 2 | | out of the way of a power-driven vessel ascending or |
| 3 | | descending the river. |
| 4 | | (3) A vessel may not cross a narrow channel or canal if |
| 5 | | the crossing impedes the passage of a vessel that can only |
| 6 | | safely navigate within the channel or canal. |
| 7 | | C. Overtaking. |
| 8 | | (1) A vessel overtaking any other shall give way to |
| 9 | | the vessel being overtaken. |
| 10 | | (2) If a vessel operator is in doubt as to whether he |
| 11 | | or she is overtaking another vessel, the operator shall |
| 12 | | assume he or she is overtaking the other vessel and shall |
| 13 | | act accordingly. |
| 14 | | (3) Any subsequent alteration of the bearing between |
| 15 | | the 2 vessels shall not make the overtaking vessel a |
| 16 | | crossing vessel within the meaning of this Section or |
| 17 | | relieve the overtaking operator of the duty to keep clear |
| 18 | | of the overtaken vessel until finally past and clear. |
| 19 | | (4) When overtaking in a narrow channel or canal, the |
| 20 | | operator of a power-driven vessel intending to overtake |
| 21 | | another power-driven vessel shall proceed to pass safety |
| 22 | | only after indicating his or her intention by sounding the |
| 23 | | horn as follows: |
| 24 | | (a) one short blast from the horn signifies a |
| 25 | | request to pass on the overtaken vessel's starboard |
| 26 | | side; |
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| 1 | | (b) 2 short blasts from the horn signify a request |
| 2 | | to pass on the overtaken vessel's port side. |
| 3 | | (5) The operator of the power-driven vessel being |
| 4 | | overtaken shall: |
| 5 | | (a) acknowledge the request by sounding the same |
| 6 | | signal; or |
| 7 | | (b) sound 5 short blasts from the horn to indicate |
| 8 | | danger or to warn the overtaking vessel not to pass. |
| 9 | | No response from the overtaken vessel shall be |
| 10 | | interpreted as an indication of danger and is the same as |
| 11 | | if 5 short blasts from the horn were sounded. In the |
| 12 | | absence of an audible signal or horn, a light signal |
| 13 | | device using the appropriate number of rapid bursts of |
| 14 | | light may be used. |
| 15 | | D. Sailing vessels. |
| 16 | | (1) The operator of a power-driven vessel shall yield |
| 17 | | the right-of-way to any nonpowered or sailing vessel |
| 18 | | unless the nonpowered vessel is overtaking the |
| 19 | | power-driven vessel or when a large craft is navigating in |
| 20 | | a confined channel, the large craft has the right-of-way |
| 21 | | over a boat propelled solely by oars or sails. |
| 22 | | (2) If 2 sailing vessels are approaching one another, |
| 23 | | so as to involve risk of collision, one of them shall keep |
| 24 | | out of the way of the other as follows: |
| 25 | | (a) If each has the wind on a different side, the |
| 26 | | vessel that has the wind on the port side shall give |
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| 1 | | way to the other vessel. |
| 2 | | (b) If both have the wind on the same side, the |
| 3 | | vessel that is to windward shall give way to the vessel |
| 4 | | that is to leeward. |
| 5 | | (c) If a vessel with the wind on the port side sees |
| 6 | | a vessel to windward and cannot determine with |
| 7 | | certainty whether the other vessel has the wind on the |
| 8 | | port or starboard side, the vessel shall give way to |
| 9 | | the other vessel. |
| 10 | | (Source: P.A. 102-595, eff. 6-1-22.) |
| 11 | | (625 ILCS 45/5-18) (from Ch. 95 1/2, par. 315-13) |
| 12 | | Sec. 5-18. (a) No Beginning on January 1, 2016, no person |
| 13 | | born on or after January 1, 1998, unless exempted by |
| 14 | | subsection (i), shall operate a motorboat with over 10 horse |
| 15 | | power unless that person has a valid Boating Safety |
| 16 | | Certificate issued by the Department of Natural Resources or |
| 17 | | an entity or organization recognized and approved by the |
| 18 | | Department. |
| 19 | | (b) No person under 10 years of age may operate a |
| 20 | | motorboat. |
| 21 | | (c) Persons Prior to January 1, 2016, persons at least 10 |
| 22 | | years of age and less than 12 years of age may operate a |
| 23 | | motorboat with over 10 horse power only if they are |
| 24 | | accompanied on the motorboat and under the direct control of a |
| 25 | | parent or guardian or a person at least 18 years of age |
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| 1 | | designated by a parent or guardian. Beginning on January 1, |
| 2 | | 2016, persons at least 10 years of age and less than 12 years |
| 3 | | of age may operate a motorboat with over 10 horse power only if |
| 4 | | the person is under the direct on-board supervision of a |
| 5 | | parent or guardian who meets the requirements of subsection |
| 6 | | (a) or a person at least 18 years of age who meets the |
| 7 | | requirements of subsection (a) and is designated by a parent |
| 8 | | or guardian. |
| 9 | | (d) Persons Prior to January 1, 2016, persons at least 12 |
| 10 | | years of age and less than 18 years of age may operate a |
| 11 | | motorboat with over 10 horse power only if they are |
| 12 | | accompanied on the motorboat and under the direct control of a |
| 13 | | parent or guardian or a person at least 18 years of age |
| 14 | | designated by a parent or guardian, or the motorboat operator |
| 15 | | is in possession of a Boating Safety Certificate issued by the |
| 16 | | Department of Natural Resources, Division of Law Enforcement, |
| 17 | | authorizing the holder to operate motorboats. Beginning on |
| 18 | | January 1, 2016, persons at least 12 years and less than 18 |
| 19 | | years of age may operate a motorboat with over 10 horse power |
| 20 | | only if the person meets the requirements of subsection (a) or |
| 21 | | is under the direct on-board supervision of a parent or |
| 22 | | guardian who meets the requirements of subsection (a) or a |
| 23 | | person at least 18 years of age who meets the requirements of |
| 24 | | subsection (a) and is designated by a parent or guardian. |
| 25 | | (e) The Beginning January 1, 2016, the owner of a |
| 26 | | motorboat or a person given supervisory authority over a |
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| 1 | | motorboat shall not permit a motorboat with over 10 horse |
| 2 | | power to be operated by a person who does not meet the Boating |
| 3 | | Safety Certificate requirements of this Section. |
| 4 | | (f) Licensed boat liveries shall offer abbreviated |
| 5 | | operating and safety instruction covering core boat safety |
| 6 | | rules to all renters, unless the renter can demonstrate |
| 7 | | compliance with the Illinois Boating Safety Certificate |
| 8 | | requirements of this Section, or is exempt under subsection |
| 9 | | (i) of this Section. A person who completes abbreviated |
| 10 | | operating and safety instruction may operate a motorboat |
| 11 | | rented from the livery providing the abbreviated operating and |
| 12 | | safety instruction without having a Boating Safety Certificate |
| 13 | | for up to one year from the date of instruction. The Department |
| 14 | | shall adopt rules to implement this subsection. |
| 15 | | (g) Violations. |
| 16 | | (1) A person who is operating a motorboat with over 10 |
| 17 | | horse power and is required to have a valid Boating Safety |
| 18 | | Certificate under the provisions of this Section shall |
| 19 | | present the certificate to a law enforcement officer upon |
| 20 | | request. Failure of the person to present the certificate |
| 21 | | upon request is a petty offense. |
| 22 | | (2) A person who provides false or fictitious |
| 23 | | information in an application for a Boating Safety |
| 24 | | Certificate; or who alters, forges, counterfeits, or |
| 25 | | falsifies a Boating Safety Certificate; or who possesses a |
| 26 | | Boating Safety Certificate that has been altered, forged, |
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| 1 | | counterfeited, or falsified is guilty of a Class A |
| 2 | | misdemeanor. |
| 3 | | (3) A person who loans or permits his or her Boating |
| 4 | | Safety Certificate to be used by another person or who |
| 5 | | operates a motorboat with over 10 horse power using a |
| 6 | | Boating Safety Certificate that has not been issued to |
| 7 | | that person is guilty of a Class A misdemeanor. |
| 8 | | (4) A violation of this Section done with the |
| 9 | | knowledge of a parent or guardian shall be deemed a |
| 10 | | violation by the parent or guardian and punishable under |
| 11 | | Section 11A-1. |
| 12 | | (h) The Department of Natural Resources shall establish a |
| 13 | | program of instruction on boating safety, laws, regulations |
| 14 | | and administrative laws, and any other subject matter which |
| 15 | | might be related to the subject of general boat safety. The |
| 16 | | program shall be conducted by instructors certified by the |
| 17 | | Department of Natural Resources. The course of instruction for |
| 18 | | persons certified to teach boating safety shall be not less |
| 19 | | than 8 hours in length, and the Department shall have the |
| 20 | | authority to revoke the certification of any instructor who |
| 21 | | has demonstrated his inability to conduct courses on the |
| 22 | | subject matter. The Department of Natural Resources shall |
| 23 | | develop and provide a method for students to complete the |
| 24 | | program online. Students satisfactorily completing a program |
| 25 | | of not less than 8 hours in length shall receive a certificate |
| 26 | | of safety from the Department of Natural Resources. The |
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| 1 | | Department may cooperate with schools, online vendors, private |
| 2 | | clubs and other organizations in offering boating safety |
| 3 | | courses throughout the State of Illinois. |
| 4 | | The Department shall issue certificates of boating safety |
| 5 | | to persons 10 years of age or older successfully completing |
| 6 | | the prescribed course of instruction and passing such tests as |
| 7 | | may be prescribed by the Department. The Department may charge |
| 8 | | each person who enrolls in a course of instruction a fee not to |
| 9 | | exceed $5. If a fee is authorized by the Department, the |
| 10 | | Department shall authorize instructors conducting such courses |
| 11 | | meeting standards established by it to charge for the rental |
| 12 | | of facilities or for the cost of materials utilized in the |
| 13 | | course. Fees retained by the Department shall be utilized to |
| 14 | | defray a part of its expenses to operate the safety and |
| 15 | | accident reporting programs of the Department. |
| 16 | | (i) A Boating Safety Certificate is not required by: |
| 17 | | (1) a person who possesses a valid United States Coast |
| 18 | | Guard commercial vessel operator's license or a marine |
| 19 | | certificate issued by the Canadian government; |
| 20 | | (2) a person employed by the United States, this |
| 21 | | State, another state, or a subdivision thereof while in |
| 22 | | performance of his or her official duties; |
| 23 | | (3) a person who is not a resident, is temporarily |
| 24 | | using the waters of this State for a period not to exceed |
| 25 | | 90 days, and meets any applicable boating safety education |
| 26 | | requirements of his or her state of residency or possesses |
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| 1 | | a Canadian Pleasure Craft Operator's Card; |
| 2 | | (4) a person who is a resident of this State who has |
| 3 | | met the applicable boating safety education requirements |
| 4 | | of another state or possesses a Canadian Pleasure Craft |
| 5 | | Operator's Card; |
| 6 | | (5) a person who has assumed operation of the |
| 7 | | motorboat due to the illness or physical impairment of the |
| 8 | | operator, and is returning the motorboat or personal |
| 9 | | watercraft to shore in order to provide assistance or care |
| 10 | | for that operator; |
| 11 | | (6) a person who is registered as a commercial |
| 12 | | fisherman or a person who is under the onboard direct |
| 13 | | supervision of the commercial fisherman while operating |
| 14 | | the commercial fisherman's vessel; |
| 15 | | (7) a person who is serving or has qualified as a |
| 16 | | surface warfare officer or enlisted surface warfare |
| 17 | | specialist in the United States Navy; |
| 18 | | (8) a person who has assumed operation of the |
| 19 | | motorboat for the purpose of completing a watercraft |
| 20 | | safety course approved by the Department, the U.S. Coast |
| 21 | | Guard, or the National Association of State Boating Law |
| 22 | | Administrators; |
| 23 | | (9) a person using only an electric motor to propel |
| 24 | | the motorboat; |
| 25 | | (10) a person operating a motorboat on private |
| 26 | | property; |
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| 1 | | (11) a person over the age of 12 years who holds a |
| 2 | | valid certificate issued by another state, a province of |
| 3 | | the Dominion of Canada, the United States Coast Guard |
| 4 | | Auxiliary or the United States Power Squadron need not |
| 5 | | obtain a certificate from the Department if the course |
| 6 | | content of the program in such other state, province or |
| 7 | | organization substantially meets that established by the |
| 8 | | Department under this Section. A certificate issued by the |
| 9 | | Department or by another state, province of the Dominion |
| 10 | | of Canada or approved organization shall not constitute an |
| 11 | | operator's license, but shall certify only that the |
| 12 | | student has successfully passed a course in boating safety |
| 13 | | instruction; or |
| 14 | | (12) a person who is temporarily using the waters of |
| 15 | | this State for the purpose of participating in a boat |
| 16 | | racing event sanctioned by the Department of Natural |
| 17 | | Resources or authorized federal agency. The organizer or |
| 18 | | holder of the sanctioned event shall possess liability |
| 19 | | insurance for property damage and bodily injury or death |
| 20 | | with a minimum benefit of $1,000,000 that shall remain in |
| 21 | | effect through the entirety of the event. |
| 22 | | (j) The Department of Natural Resources shall adopt rules |
| 23 | | necessary to implement this Section. The Department of Natural |
| 24 | | Resources shall consult and coordinate with the boating |
| 25 | | public, professional organizations for recreational boating |
| 26 | | safety, and the boating retail, leasing, and dealer business |
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| 1 | | community in the adoption of these rules. |
| 2 | | (Source: P.A. 98-698, eff. 1-1-15; 99-78, eff. 7-20-15; |
| 3 | | 99-526, eff. 7-8-16.) |
| 4 | | (625 ILCS 45/7-1) (from Ch. 95 1/2, par. 317-1) |
| 5 | | Sec. 7-1. It On and after March 1, 1960 it shall be |
| 6 | | unlawful for any person to engage in the business of operating |
| 7 | | a boat or boats carrying passengers for hire, or renting a boat |
| 8 | | or boats for hire without first having obtained a license so to |
| 9 | | do from the Department. Such license shall be renewable each |
| 10 | | year on January March 1st, shall be good only for one year or |
| 11 | | portion of a year up to and including December 31st March 1st, |
| 12 | | and it shall be unlawful for such person to so engage in such |
| 13 | | business without having a valid license currently then in |
| 14 | | force. The Department shall outline the application process |
| 15 | | for passenger-for-hire licenses or rental boat licenses by |
| 16 | | administrative rule. Violations of this Act by a business or |
| 17 | | individual holding a rental license or passenger-for-hire |
| 18 | | license shall result in the suspension or revocation of the |
| 19 | | license issued based on the procedures outlined in |
| 20 | | administrative rule. |
| 21 | | (Source: P.A. 85-149.) |
| 22 | | (625 ILCS 45/7-2) (from Ch. 95 1/2, par. 317-2) |
| 23 | | Sec. 7-2. License fee. The fee for a license to operate a |
| 24 | | boat for carrying passengers for hire shall be established by |
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| 1 | | administrative rule $50 for each boat. The fee for a license |
| 2 | | for engaging in the business of renting boats for hire and the |
| 3 | | shall be $30, plus an annual fee for each boat rented or |
| 4 | | offered for rent shall be set by administrative rule of $1 for |
| 5 | | each boat less than 16 feet in length; $2 for each boat 16 feet |
| 6 | | or over and less than 26 feet in length; and $8 for each boat |
| 7 | | 26 feet or over in length. No boat shall, after March 1, 1960, |
| 8 | | be rented or offered for rent until such license has been |
| 9 | | granted and the boat marked as hereinafter provided. |
| 10 | | (Source: P.A. 85-149.) |
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| | 1 | |
INDEX
| | 2 | |
Statutes amended in order of appearance
| | | 3 | | 625 ILCS 45/1-2 | from Ch. 95 1/2, par. 311-2 | | | 4 | | 625 ILCS 45/2-2 | from Ch. 95 1/2, par. 312-2 | | | 5 | | 625 ILCS 45/3-11 | from Ch. 95 1/2, par. 313-11 | | | 6 | | 625 ILCS 45/4-2 | from Ch. 95 1/2, par. 314-2 | | | 7 | | 625 ILCS 45/4-4 | from Ch. 95 1/2, par. 314-4 | | | 8 | | 625 ILCS 45/4-11 | from Ch. 95 1/2, par. 314-11 | | | 9 | | 625 ILCS 45/5-13 | from Ch. 95 1/2, par. 315-8 | | | 10 | | 625 ILCS 45/5-18 | from Ch. 95 1/2, par. 315-13 | | | 11 | | 625 ILCS 45/5-24 new | | | | 12 | | 625 ILCS 45/5-25 new | | | | 13 | | 625 ILCS 45/7-1 | from Ch. 95 1/2, par. 317-1 | | | 14 | | 625 ILCS 45/7-2 | from Ch. 95 1/2, par. 317-2 |
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