Illinois General Assembly - Full Text of HB2499
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Full Text of HB2499  102nd General Assembly

HB2499sam001 102ND GENERAL ASSEMBLY

Sen. Ram Villivalam

Filed: 5/14/2021

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 2499

2    AMENDMENT NO. ______. Amend House Bill 2499 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Boat Registration and Safety Act is
5amended by changing Sections 1-2, 3-7, 3C-4, 4-1, 4-2, 5-3,
6and 5-13 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
9context clearly requires a different meaning:
10    "Airboat" means a vessel that is typically flat-bottomed
11and propelled by an aircraft-type propeller powered by an
12engine.
13    "Competent" means capable of assisting a water skier in
14case of injury or accident.
15    "Dealer" means any person who engages in the business of
16manufacturing, selling, or dealing in, on consignment or

 

 

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1otherwise, any number of new watercraft or 5 or more used
2watercraft of any make during the year, including any
3off-highway vehicle dealer or snowmobile dealer or a person
4licensed as a new or used vehicle dealer who also sells or
5deals in, on consignment or otherwise, any number of
6watercraft as defined in this Act.
7    "Department" means the Department of Natural Resources.
8    "Inland Rules" means the Inland Navigation Rules Act of
91980.
10    "International regulations" means the International
11Regulations for Preventing Collisions at Sea, 1972, including
12annexes currently in force for the United States.
13    "Leeward side" means the side of a vessel's sail that is
14facing away or sheltered from the wind.
15    "Lifeboat" means a small boat kept on board a larger boat
16for use in an emergency.
17    "Motorboat" or "power-driven vessel" means any vessel
18propelled by machinery.
19    "Nonpowered watercraft" or "human-powered watercraft"
20means any canoe, kayak, kiteboard, paddleboard, ribbed
21inflatable, or any other watercraft propelled by oars,
22paddles, or poles but not powered by sail, canvas, human body
23part, or machinery of any sort.
24    "Operate" means to use, navigate, employ, or otherwise be
25in actual physical control of a motorboat or vessel.
26    "Operator" means a person who operates or is in actual

 

 

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1physical control of a watercraft.
2    "Owner" means a person, other than a secured party, having
3property rights or title to a watercraft. "Owner" includes a
4person entitled to the use or possession of a motorboat
5subject to an interest in another person, reserved or created
6by agreement and securing payment of performance of an
7obligation. "Owner" does not include a lessee under a lease
8not intended as security.
9    "Person" means any individual, firm, corporation,
10partnership, or association, and any agent, assignee, trustee,
11executor, receiver, or representative thereof.
12    "Personal flotation device" or "PFD" means a device that
13is approved by the Commandant, U.S. Coast Guard, under Part
14160 of Title 46 of the Code of Federal Regulations.
15    "Personal watercraft" means a vessel propelled by a water
16jet pump or other machinery as its primary source of motive
17power and designed to be operated by a person sitting,
18standing, or kneeling on the vessel, rather than within the
19confines of a hull.
20    "Principally operated" means the vessel is or will be
21primarily operated within the jurisdiction of the State during
22a calendar year.
23    "Recreational boat" means any vessel manufactured or used
24primarily for noncommercial use, or leased, rented, or
25chartered to another for noncommercial use.
26    "Sailboat" or "sailing vessel" means any vessel under sail

 

 

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1so long as the propelling machinery, if fitted, is not being
2used.
3    "Seaplane" means any aircraft designed to maneuver on the
4water.
5    "Specialty prop-craft" means a vessel that is similar in
6appearance and operation to a personal watercraft but that is
7powered by an outboard or propeller driven motor.
8    "Throwable PFD" has the meaning provided in 33 CFR 175.13.
9    "Underway" applies to a vessel or watercraft at all times
10except when it is moored at a dock or anchorage area.
11    "Use" applies to all vessels on the waters of this State,
12whether moored or underway.
13    "Vessel" or "watercraft" means every watercraft used or
14capable of being used as a means of transportation on water,
15except a seaplane on the water, air mattress or similar
16device, and boats used for concession rides in artificial
17bodies of water designed and used exclusively for such
18concessions.
19    "Waters of this State" means any water within the
20jurisdiction of this State.
21    "Wearable U.S. Coast Guard approved personal flotation
22device", "wearable U.S. Coast Guard approved PFD", and
23"wearable PFD" have the meaning provided for "wearable PFD" in
2433 CFR 175.13.
25    "Windward side" means the side of a vessel's sail that has
26the wind blowing into the sail.

 

 

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1    "Wing in Ground" (WIG) vessel means a multimodal vessel
2which, in its main operational mode, flies in close proximity
3to the surface utilizing surface-effect action.
4    "Vessel" or "Watercraft" means every description of
5watercraft used or capable of being used as a means of
6transportation on water, except a seaplane on the water, air
7mattress or similar device, and boats used for concession
8rides in artificial bodies of water designed and used
9exclusively for such concessions.
10    "Motorboat" means any vessel propelled by machinery,
11whether or not such machinery is the principal source of
12propulsion, but does not include a vessel which has a valid
13marine document issued by the Bureau of Customs of the United
14States Government or any Federal agency successor thereto.
15    "Non-powered watercraft" means any canoe, kayak,
16kiteboard, paddleboard, float tube, or watercraft not
17propelled by sail, canvas, or machinery of any sort.
18    "Sailboat" means any watercraft propelled by sail or
19canvas, including sailboards. For the purposes of this Act,
20any watercraft propelled by both sail or canvas and machinery
21of any sort shall be deemed a motorboat when being so
22propelled.
23    "Airboat" means any boat (but not including airplanes or
24hydroplanes) propelled by machinery applying force against the
25air rather than the water as a means of propulsion.
26    "Dealer" means any person who engages in the business of

 

 

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1manufacturing, selling, or dealing in, on consignment or
2otherwise, any number of new watercraft, or 5 or more used
3watercraft of any make during the year, including any
4off-highway vehicle dealer or snowmobile dealer or a person
5licensed as a new or used vehicle dealer who also sells or
6deals in, on consignment or otherwise, any number of
7watercraft as defined in this Act.
8    "Lifeboat" means a small boat kept on board a larger boat
9for use in emergency.
10    "Owner" means a person, other than lien holder, having
11title to a motorboat. The term includes a person entitled to
12the use or possession of a motorboat subject to an interest in
13another person, reserved or created by agreement and securing
14payment of performance of an obligation, but the term excludes
15a lessee under a lease not intended as security.
16    "Waters of this State" means any water within the
17jurisdiction of this State.
18    "Person" means an individual, partnership, firm,
19corporation, association, or other entity.
20    "Operate" means to navigate or otherwise use a motorboat
21or vessel.
22    "Department" means the Department of Natural Resources.
23    "Competent" means capable of assisting a skier in case of
24injury or accident.
25    "Personal flotation device" or "PFD" means a device that
26is approved by the Commandant, U.S. Coast Guard, under Part

 

 

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1160 of Title 46 of the Code of Federal Regulations.
2    "Recreational boat" means any vessel manufactured or used
3primarily for noncommercial use; or leased, rented or
4chartered to another for noncommercial use.
5    "Personal watercraft" means a vessel that uses an inboard
6motor powering a water jet pump as its primary source of motor
7power and that is designed to be operated by a person sitting,
8standing, or kneeling on the vessel, rather than the
9conventional manner of sitting or standing inside the vessel,
10and includes vessels that are similar in appearance and
11operation but are powered by an outboard or propeller drive
12motor.
13    "Specialty prop-craft" means a vessel that is similar in
14appearance and operation to a personal watercraft but that is
15powered by an outboard or propeller driven motor.
16    "Underway" applies to a vessel or watercraft at all times
17except when it is moored at a dock or anchorage area.
18    "Use" applies to all vessels on the waters of this State,
19whether moored or underway.
20(Source: P.A. 97-1136, eff. 1-1-13.)
 
21    (625 ILCS 45/3-7)  (from Ch. 95 1/2, par. 313-7)
22    Sec. 3-7. Loss of certificate; certificate correction.
23Should a certificate of number or registration expiration
24decal become lost, destroyed, or mutilated beyond legibility,
25or if information required by the Department to be included on

 

 

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1the certificate has changed, the owner of the watercraft shall
2make application to the Department for the replacement of the
3certificate or decal or for a corrected certificate or decal,
4giving his name, address, and the number of his boat and shall
5at the same time of application pay to the Department a fee of
6$5.
7(Source: P.A. 93-32, eff. 7-1-03.)
 
8    (625 ILCS 45/3C-4)  (from Ch. 95 1/2, par. 313C-4)
9    Sec. 3C-4. Police tows; reports; release of watercraft;
10payment Reports on towed watercraft.
11    (a) When a watercraft is authorized to be towed away as
12provided in Section 3C-2 or 3C-3, the authorization, any hold
13order, and any release shall be in writing, or confirmed in
14writing, with a copy given to the towing service.
15    (b) When a watercraft is authorized to be towed away as
16provided in Section 3C-2, the police headquarters or office of
17the law enforcement officer authorizing the towing shall keep
18and maintain a record of the watercraft towed, listing the
19color, manufacturer's trade name, manufacturer's series name,
20hull type, hull material, hull identification number, and
21registration number displayed on the watercraft. The record
22shall also include the date and hour of tow, location towed
23from, location towed to, and reason for towing and the name of
24the officer authorizing the tow.
25    (c) The owner, operator, or other legally entitled person

 

 

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1shall be responsible to the towing service for the payment of
2applicable removal, towing, storage, and processing charges
3and collection costs associated with a watercraft towed or
4held under order or authorization of a law enforcement agency.
5If a watercraft towed or held under order or authorization of a
6law enforcement agency is seized by the ordering or
7authorizing agency or any other law enforcement or
8governmental agency and sold, any unpaid removal, towing,
9storage, and processing charges and collection costs shall be
10paid to the towing service from the proceeds of the sale. If
11the applicable law provides that the proceeds are to be paid
12into the treasury of the appropriate civil jurisdiction, then
13any unpaid removal, towing, storage, and processing charges
14and collection costs shall be paid to the towing service from
15the treasury of the civil jurisdiction. Such payment shall not
16exceed the amount of proceeds from the sale, with the balance
17to be paid by the owner, operator, or other legally entitled
18person.
19    (d) Upon the delivery of a written release order to the
20towing service, a watercraft subject to a hold order shall be
21released to the owner, operator, or other legally entitled
22person upon proof of ownership or other entitlement and upon
23payment of applicable removal, towing, storage, and processing
24charges and collection costs.
25(Source: P.A. 84-646.)
 

 

 

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1    (625 ILCS 45/4-1)  (from Ch. 95 1/2, par. 314-1)
2    Sec. 4-1. Personal flotation devices.
3    A. No person may operate a watercraft unless at least one
4wearable U.S. Coast Guard approved personal flotation device
5for each person PFD is on board, so placed as to be readily
6available for each person.
7    B. No person may operate a personal watercraft or
8specialty prop-craft unless each person aboard is wearing a
9wearable U.S. Coast Guard approved personal flotation device
10PFD approved by the United States Coast Guard. No person on
11board a personal watercraft shall use an inflatable PFD in
12order to meet the PFD requirements of subsection A of this
13Section.
14    C. No person may operate a watercraft 16 feet or more in
15length, except a canoe or kayak, unless at least one readily
16accessible United States Coast Guard approved throwable PFD is
17on board.
18    D. (Blank).
19    E. When assisting a person on water skis, aquaplane or
20similar device, there must be one wearable U.S. United States
21Coast Guard approved PFD on board the watercraft for each
22person being assisted or towed or worn by the person being
23assisted or towed.
24    F. No person may operate a watercraft unless each device
25required by this Section is:
26        1. in serviceable condition;

 

 

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1        2. identified by a label bearing a description and
2    approval number demonstrating that the device has been
3    approved by the United States Coast Guard;
4        3. of the appropriate size for the person for whom it
5    is intended;
6        4. in the case of a wearable PFD, readily accessible
7    aboard the watercraft;
8        5. in the case of a throwable PFD, immediately
9    available for use;
10        6. out of its original packaging; and
11        7. not stowed under lock and key.
12    G. Approved personal flotation devices are defined as a
13device that is approved by the United States Coast Guard under
14Title 46 CFR Part 160.
15    H. (Blank).
16    H-5. An approved and appropriately sized wearable U.S.
17Coast Guard approved personal flotation device shall be worn
18by each person under the age of 13 while in tow.
19    I. No person may operate any a watercraft under 26 feet in
20length unless an approved and appropriately appropriate sized
21wearable U.S. United States Coast Guard approved personal
22flotation device is being properly worn by each person under
23the age of 13 on the deck of a watercraft or in an open
24watercraft board the watercraft at all times in which the
25watercraft is underway; however, this requirement shall not
26apply to persons who are enclosed in a cabin or below the top

 

 

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1deck on a watercraft, on an anchored watercraft that is a
2platform for swimming or diving, or aboard a charter
3"passenger for hire" watercraft with a licensed captain. below
4decks or in totally enclosed cabin spaces. The provisions of
5this subsection I shall not apply to a person operating a
6watercraft on an individual's private property.
7    J. Racing shells, rowing sculls, racing canoes, and racing
8kayaks are exempt from the PFD, of any type, carriage
9requirements under this Section provided that the racing
10shell, racing scull, racing canoe, or racing kayak is
11participating in an event sanctioned by the Department as a
12PFD optional event. The Department may adopt rules to
13implement this subsection.
14(Source: P.A. 100-469, eff. 6-1-18; 100-863, eff. 8-14-18.)
 
15    (625 ILCS 45/4-2)  (from Ch. 95 1/2, par. 314-2)
16    Sec. 4-2. Navigation lights Lights.
17    A. Watercraft subject to this Section shall be divided
18into classes as follows: It is unlawful to operate any vessel
19less than 39 feet in length unless the following lights are
20carried and displayed when underway from sunset to sunrise:
21        1. Class 1: Less than 16 feet in length. A bright,
22    white light after to show all around the horizon, visible
23    for a distance of 2 miles. The word "visible" as used
24    herein means visible on a dark night with clear
25    atmosphere.

 

 

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1        2. Class 2: 16 feet or over and less than 26 feet in
2    length. A combination light in the forepart of the boat
3    lower than the white light after, showing green to
4    starboard and red to port, so fixed as to throw a light
5    from dead ahead to 2 points abaft the beam on their
6    respective sides and visible for a distance of not less
7    than 1 mile.
8        3. Class 3: 26 feet or over and less than 40 feet in
9    length. Lights under International Rules may be shown as
10    an alternative to the above requirements.
11        4. Class 4: 40 feet or over and less than 65 feet in
12    length.
13    B. Every motorboat, underway from sunset to sunrise or
14underway in weather causing reduced visibility, shall carry
15and exhibit the following United States Coast Guard approved
16lights when underway and, during such time, shall not use any
17other lights that may be mistaken for or interfere with those
18prescribed as follows:
19        1. A Class 1 or Class 2 motorboat shall carry the
20    following lights:
21            (a) A bright white light aft to show all around the
22        horizon; and
23            (b) A combined light in the fore part of the
24        watercraft and lower than the white light aft, showing
25        green to starboard and red to port, so fixed as to
26        throw the light from right ahead to 2 points (22.5

 

 

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1        degrees) abaft the beam on their respective sides.
2        2. A Class 3 or Class 4 motorboat shall carry the
3    following lights:
4            (a) A bright white light in the fore part of the
5        watercraft as near the stern as practicable, so
6        constructed as to show the unbroken light over an arc
7        of the horizon of 20 points (225 degrees) of the
8        compass, so fixed as to throw the light 10 points
9        (112.5 degrees) on each side of the watercraft,
10        namely, from right ahead to 2 points (22.5 degrees)
11        abaft the beam on either side;
12            (b) A bright white light aft, mounted higher than
13        the white light forward, to show all around the
14        horizon; and
15            (c) On the starboard side, a green light so
16        constructed as to show an unbroken light over an arc of
17        the horizon of 10 points (112.5 degrees) of the
18        compass, so fixed as to throw the light from right
19        ahead to 2 points (22.5 degrees) abaft the beam on the
20        starboard side. On the port side, a red light so
21        constructed as to show an unbroken light over an arc of
22        the horizon of 10 points (112.5 degrees) of the
23        compass, so fixed as to throw the light from right
24        ahead to 2 points (22.5 degrees) abaft the beam on the
25        port side. The side lights shall be fitted with
26        inboard screens so set as to prevent these lights from

 

 

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1        being seen across the bow.
2        3. A Class 1 or Class 2 motorboat propelled by sail
3    alone shall exhibit the combined light prescribed by
4    paragraph (1) and a 12-point (135 degrees) white light
5    aft. A Class 3 or Class 4 motorboat, when so propelled,
6    shall exhibit the colored side lights, suitably screened
7    as prescribed by paragraph (2) and a 12-point (135
8    degrees) white light aft.
9        4. Every white light prescribed by this Section shall
10    be of such character as to be visible at a distance of at
11    least 2 miles. Every colored light prescribed by this
12    Section shall be of such character as to be visible at a
13    distance of at least one mile. As used in this subsection
14    "visible", when applied to lights, means visible on a dark
15    night with clear atmosphere.
16        5. If propelled by sail and machinery, a motorboat
17    shall carry the lights required by this Section for a
18    motorboat propelled by machinery only.
19        6. All other watercraft over 65 feet in length and
20    those propelled solely by wind effect on the sail shall
21    display lights prescribed by federal regulations.
22Watercraft propelled by muscular power when underway shall
23carry on board from sunset to sunrise, but not fixed to any
24part of the boat, a lantern or flashlight capable of showing a
25white light visible all around the horizon at a distance of 2
26miles or more, and shall display such lantern in sufficient

 

 

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1time to avoid collision with another watercraft.
2    C. Nonpowered watercraft shall carry, ready at hand, a
3lantern or flashlight showing a white light that shall be
4exhibited in sufficient time to avert collision. Manually
5propelled watercraft used on the waters of this State where
6power-driven vessels are prohibited are exempt from the
7provisions of this Section. Every vessel 39 feet or more in
8length shall carry and display when underway such additional
9or alternate lights as shall be required by the U. S. Coast
10Guard for watercraft of equivalent length and type.
11    D. Any watercraft may carry and exhibit the lights
12required by the international regulations in lieu of the
13lights required by subsection B of this Section. Sailboats
14equipped with motors and being propelled partly or solely by
15such motors shall carry and display the same lights required
16for motorboats of the same class. Sailboats being propelled
17entirely by sail between sunset and sunrise shall have lighted
18the combination running light, and a white light visible aft
19only. Sailboats 26 feet or more in length, equipped with
20motors but being propelled entirely by sail between sunset and
21sunrise, shall have lighted the colored side lights suitably
22screened, but not the white lights prescribed for motorboats.
23    E. All watercraft, when anchored, other than in a special
24anchorage area as defined in 33 CFR 109.10, shall, from sunset
25to sunrise, carry and display a steady white light visible all
26around the horizon for a distance of no less than 2 miles.

 

 

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1Dinghies, tenders and other watercraft, whose principal
2function is as an auxiliary to other larger watercraft, when
3so operating need carry only a flashlight visible to other
4craft in the area, anything in this section to the contrary
5notwithstanding.
6    F. (Blank). Vessels at anchor between the hours of sunset
7and sunrise, except those in a "Special Anchorage Area", shall
8display such anchor lights as shall be required by the U. S.
9Coast Guard for watercraft of equivalent length and type.
10    G. (Blank). Watercraft operated manually or by motor which
11are located on bodies of water where motors of over 7 1/2
12horsepower are prohibited must be equipped during the hours
13between sunset and sunrise with a lantern or flashlight which
14is capable of showing a beam for 2 miles, anything in this
15Section to the contrary notwithstanding.
16(Source: P.A. 88-524.)
 
17    (625 ILCS 45/5-3)  (from Ch. 95 1/2, par. 315-3)
18    Sec. 5-3. Interference with navigation.
19    (a) No person shall operate any watercraft in a manner
20which unreasonably or unnecessarily interferes with other
21watercraft or with the free and proper navigation of the
22waterways of the State. Anchoring under bridges or in heavily
23traveled channels constitutes such interference if
24unreasonable under the prevailing circumstances.
25    (b) A vessel engaged in fishing shall not impede the

 

 

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1passage of any other vessel navigating within a narrow channel
2or canal.
3    (c) A vessel nearing a bend or an area of a narrow channel
4or canal where other vessels may be obscured by an intervening
5obstruction shall navigate with alertness and caution and
6shall sound the appropriate audible signal as required by the
7Inland Rules as written by the United States Coast Guard and
8this Act.
9    (d) A vessel shall avoid anchoring in a narrow channel,
10under bridges, or in heavily traveled channels or canals, if
11unreasonable under the prevailing circumstances.
12(Source: P.A. 82-783.)
 
13    (625 ILCS 45/5-13)  (from Ch. 95 1/2, par. 315-8)
14    Sec. 5-13. Traffic rules.
15    A. The area straight ahead of a vessel to the point that is
1622.5 degrees beyond the middle of the vessel on the starboard
17side of the watercraft shall be designated the danger zone. An
18operator of a watercraft shall yield the right-of-way to any
19other watercraft occupying or entering into the danger zone
20that may result in collision. Passing. When 2 boats are
21approaching each other "head on" or nearly so (so as to involve
22risk of collision), each boat must bear to the right and pass
23the other boat on its left side.
24    A-5. Head-on situation.
25        (1) If 2 power-driven vessels are meeting head-on or

 

 

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1    nearly head-on courses so as to involve risk of collision,
2    each shall alter course to starboard so that each shall
3    pass on the port side of the other.
4        (2) A vessel proceeding along the course of a narrow
5    channel or canal shall keep as near to the outer limit of
6    the channel or canal that lies on the starboard side as is
7    safe and practicable.
8        (3) A power-driven vessel operating in narrow channels
9    and proceeding downstream shall have the right-of-way over
10    a vessel proceeding upstream. The vessel proceeding
11    upstream shall yield as necessary to permit safe passing.
12    B. Crossing. As used in this Section, "crossing" means 2
13or more watercraft traveling in directions that would have the
14path of travel of the watercraft intersect each other. When
15boats approach each other obliquely or at right angles, the
16boat approaching on the right side has the right of way.
17        (1) If 2 power-driven vessels are crossing so as to
18    involve the risk of collision, the vessel that has the
19    other on the starboard side shall keep out of the way and
20    shall avoid crossing ahead of the other vessel.
21        (2) A power-driven vessel crossing a river shall keep
22    out of the way of a power-driven vessel ascending or
23    descending the river.
24        (3) A vessel may not cross a narrow channel or canal if
25    the crossing impedes the passage of a vessel that can only
26    safely navigate within the channel or canal.

 

 

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1    C. Overtaking. One boat may overtake another on either
2side but must grant right of way to the overtaken boat.
3        (1) A vessel overtaking any other shall give way to
4    the vessel being overtaken.
5        (2) If a vessel operator is in doubt as to whether he
6    or she is overtaking another vessel, the operator shall
7    assume he or she is overtaking the other vessel and shall
8    act accordingly.
9        (3) Any subsequent alteration of the bearing between
10    the 2 vessels shall not make the overtaking vessel a
11    crossing vessel within the meaning of this Section or
12    relieve the overtaking operator of the duty to keep clear
13    of the overtaken vessel until finally past and clear.
14        (4) When overtaking in a narrow channel or canal, the
15    operator of a power-driven vessel intending to overtake
16    another power-driven vessel shall proceed to pass safety
17    only after indicating his or her intention by sounding the
18    horn as follows:
19            (a) one short blast from the horn signifies a
20        request to pass on the overtaken vessel's starboard
21        side;
22            (b) 2 short blasts from the horn signify a request
23        to pass on the overtaken vessel's port side.
24        (5) The operator of the power-driven vessel being
25    overtaken shall:
26            (a) acknowledge the request by sounding the same

 

 

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1        signal; or
2            (b) sound 5 short blasts from the horn to indicate
3        danger or to warn the overtaking vessel not to pass.
4        No response from the overtaken vessel shall be
5    interpreted as an indication of danger and is the same as
6    if 5 short blasts from the horn were sounded. In the
7    absence of an audible signal or horn, a light signal
8    device using the appropriate number of rapid bursts of
9    light may be used.
10    D. Sailing vessels.
11        (1) The operator of a power-driven vessel shall yield
12    the right-of-way to any nonpowered or sailing vessel
13    unless the nonpowered vessel is overtaking the
14    power-driven vessel or Sailboats and Rowboats. When a
15    motorboat is approaching a boat propelled solely by sails
16    or oars, the motorboat must yield the right of way to the
17    sailboat or rowboat except, when a large craft is
18    navigating in a confined channel, the large craft has the
19    right-of-way right of way over a boat propelled solely by
20    oars or sails.
21        (2) If 2 sailing vessels are approaching one another,
22    so as to involve risk of collision, one of them shall keep
23    out of the way of the other as follows:
24            (a) If each has the wind on a different side, the
25        vessel that has the wind on the port side shall give
26        way to the other vessel.

 

 

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1            (b) If both have the wind on the same side, the
2        vessel that is to windward shall give way to the vessel
3        that is to leeward.
4            (c) If a vessel with the wind on the port side sees
5        a vessel to windward and cannot determine with
6        certainty whether the other vessel has the wind on the
7        port or starboard side, the vessel shall give way to
8        the other vessel.
9(Source: P.A. 82-783.)".