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1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Boat Registration and Safety Act is amended
5by changing Sections 5-4, 5-22, 11A-2, and 11A-3 as follows:
 
6    (625 ILCS 45/5-4)  (from Ch. 95 1/2, par. 315-4)
7    Sec. 5-4. Overloading. A. No motorboat may be loaded with
8passengers or cargo beyond its safe carrying capacity taking
9into consideration weather and other existing operating
10conditions. Water skiers, tubers, parasailers, or other
11persons towed by the motorboat shall be considered part of the
12total number of passengers and cargo allowed by a watercraft's
13capacity plate for the purpose of determining a motorboat's
14carrying capacity.
15    B. Capacity plates. (1) Every vessel less than 26 feet in
16length, designed to carry 2 or more persons and to be propelled
17by machinery as its principal source of power or designed to be
18propelled by oars shall, if manufactured or offered for sale in
19this State, have affixed permanently thereto by the
20manufacturer a capacity plate as required by this Section. As
21used in this Section, "manufacture" means to construct or
22assemble a vessel or alter a vessel in such manner as to change
23its weight capacity.

 

 

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1    (2) A capacity plate shall bear the following information
2permanently marked thereon in such manner as to be clearly
3visible and legible from the position designed or normally
4intended to be occupied by the operator of the vessel when
5under way:
6    a. For all vessels designed for or represented by the
7manufacturer as being suitable for use with outboard motor:
8    1. The total weight of persons, motor, gear and other
9articles placed aboard which the vessel is capable of carrying
10with safety under normal conditions.
11    2. The recommended number of persons commensurate with the
12weight capacity of the vessel and the presumed weight in pounds
13of each such person. In no instance may such presumed weight
14per person be less than 150 pounds.
15    3. Clear notice that the information appearing on the
16capacity plate is applicable under normal conditions and that
17the weight of the outboard motor and associated equipment is
18considered to be part of total weight capacity.
19    4. The maximum horsepower of the motor the vessel is
20designed or intended to accommodate.
21    b. For all other vessels to which this Section applies:
22    1. The total weight of persons, gear and other articles
23placed aboard which the vessel is capable of carrying with
24safety under normal conditions.
25    2. The recommended number of persons commensurate with the
26weight capacity of the vessel and the presumed weight in pounds

 

 

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1of each such person. In no instance shall such presumed weight
2per person be less than 150 pounds.
3    3. Clear notice that the information appearing on the
4capacity plate is applicable under normal conditions.
5    (3) The information relating to maximum capacity required
6to appear on capacity plates by Subsection B (2) of this
7Section shall be determined in accordance with such methods and
8formulas as shall be prescribed by rule or regulation adopted
9by the Department. In prescribing such methods and formulas,
10the Department shall be guided by and give due regard to the
11necessity for uniformity in methods and formulas lawful for use
12in determining small vessel capacity in the several states and
13to any methods and formulas which may be recognized or
14recommended by the United States Coast Guard or any agency
15successor thereto.
16    (4) Any vessel to which this Section applies, not having a
17capacity plate meeting the requirements of law affixed thereto
18by the manufacturer thereof, may have such affixed by any other
19person in accordance with such rules and regulations as the
20Department may prescribe and may thereafter be offered for sale
21in this State, but no action taken pursuant to this Section or
22in the manner described herein, shall relieve any manufacturer
23from liability for failure to comply with the requirements of
24this Section.
25    (5) The information appearing on a capacity plate shall be
26deemed to warrant that the manufacturer, or the person affixing

 

 

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1the capacity plate is permitted by Subsection B (4) of this
2Section, as the case may be, has correctly and faithfully
3employed a method and formula for the calculation of maximum
4weight capacity prescribed by the Department and that the
5information appearing on the capacity plate with respect to
6maximum weight capacity and recommended number of persons is
7the result of the application of such method and formula, and
8with respect to information concerning horsepower limitations,
9that such information is not a deliberate or negligent
10misrepresentation.
11    (6) If any vessel required by this Section to have a
12capacity plate affixed thereto is of such design or
13construction as to make it impracticable or undesirable to
14affix such plate, the manufacturer, or other person having the
15responsibility for affixing the plate, may represent such
16impracticability or undesirability to the Department in
17writing. Upon determination by the Department that such
18representation has merit and that a proper and effective
19substitute for the capacity plate which will serve the same
20purpose is feasible, the Department may authorize such
21alternative compliance and such alternative compliance shall
22thereafter be deemed compliance with the capacity plate
23requirements of this Section.
24    (7) The Department may by rules or regulations exempt from
25the requirements of this Section vessels which it finds to be
26of such unconventional design or construction that the

 

 

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1information required on capacity plates would not assist in
2promoting safety or is not reasonably obtainable.
3    (8) The Department is authorized to issue and amend rules
4and regulations to carry out the purposes of this Section.
5    Failure to affix a proper capacity plate shall constitute a
6separate violation of this subsection B for each vessel with
7respect to which such failure occurs.
8(Source: P.A. 82-783.)
 
9    (625 ILCS 45/5-22)
10    Sec. 5-22. Operation of watercraft upon the approach of an
11authorized emergency watercraft.
12    (a) As used in this Section, "authorized emergency
13watercraft" includes any watercraft operated by the Illinois
14Department of Natural Resources Police, the Illinois
15Department of State Police, a county sheriff, a local law
16enforcement agency, a fire department, a provider of emergency
17medical services, or the United States Coast Guard, equipped
18with alternately flashing red, blue, red and white, red and
19blue, or red in combination with white or blue lights, while
20engaged in official duties. Any authorized emergency
21watercraft must be clearly emblazoned with markings
22identifying it as a watercraft operated by the qualifying
23agency.
24    (b) Upon the immediate approach of an authorized emergency
25watercraft making use of rotating or flashing visual signals

 

 

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1and lawfully making use of a visual signal, the operator of
2every other watercraft shall yield the right-of-way and shall
3immediately reduce the speed of the watercraft, so as not to
4create a wake, and shall yield way to the emergency watercraft,
5moving to the right to permit the safe passage of the emergency
6watercraft, and shall stop and remain in that position until
7the authorized emergency watercraft has passed, unless
8otherwise directed by a police officer.
9    (c) Upon approaching a stationary authorized emergency
10watercraft, when the authorized emergency watercraft is giving
11a signal by displaying rotating or alternately flashing red,
12blue, red and white, red and blue, or red in combination with
13white or blue lights, a person operating an approaching
14watercraft shall proceed with due caution at no-wake speed and
15yield the right-of-way by moving safely away from that
16authorized emergency watercraft, proceeding with due caution
17at a no-wake speed with due regard to safety and water
18conditions, maintaining no-wake speed until sufficiently away
19from the emergency watercraft so as not to create a wake that
20would otherwise rock or otherwise disturb the authorized
21emergency watercraft.
22    (d) This Section shall not operate to relieve the operator
23of an authorized emergency watercraft from the duty to operate
24that watercraft with due regard for the safety of all persons
25using the waterway.
26    (e) A person who violates this Section commits a business

 

 

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1offense punishable by a fine of not less than $100 or more than
2$10,000. It is a factor in aggravation if the person committed
3the offense while in violation of Section 5-16 of this Act.
4    (f) If a violation of this Section results in damage to the
5property of another person, in addition to any other penalty
6imposed, the person's watercraft operating privileges shall be
7suspended for a fixed period of not less than 90 days and not
8more than one year.
9    (g) If a violation of this Section results in injury to
10another person, in addition to any other penalty imposed, the
11person's watercraft operating privileges shall be suspended
12for a fixed period of not less than 180 days and not more than 2
13years.
14    (h) If a violation of subsection (c) of this Section
15results in great bodily harm or permanent disability or
16disfigurement to, or the death of, another person, in addition
17to any other penalty imposed, the person's watercraft operating
18privileges shall be suspended for 2 years.
19    (i) The Department of Natural Resources shall, upon
20receiving a record of a judgment entered against a person under
21this Section:
22        (1) suspend the person's watercraft operating
23    privileges for the mandatory period; or
24        (2) extend the period of an existing suspension by the
25    appropriate mandatory period.
26(Source: P.A. 95-107, eff. 1-1-08.)
 

 

 

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1    (625 ILCS 45/11A-2)  (from Ch. 95 1/2, par. 321A-2)
2    Sec. 11A-2. A. Any person who violates Section 3-11, 3A-3,
33A-13, 3A-14, or 3A-20 is guilty of a Class A misdemeanor.
4    B. Any person who violates Section 3A-21 is guilty of a
5Class 2 felony.
6(Source: P.A. 88-524.)
 
7    (625 ILCS 45/11A-3)  (from Ch. 95 1/2, par. 321A-3)
8    Sec. 11A-3. Any person who violates any of the provisions
9of Section 5-1, 7-1, or 7-8 of this Act is guilty of a Class B
10misdemeanor.
11    Any person who violates Section 5-2 of this Act is guilty
12of a Class A misdemeanor, except that aggravated reckless
13operation of a watercraft is a Class 4 felony.
14(Source: P.A. 93-782, eff. 1-1-05.)
 
15    Section 99. Effective date. This Act takes effect upon
16becoming law.