625 ILCS 45/ Boat Registration and Safety Act.

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625 ILCS 45/Art. I

(625 ILCS 45/Art. I heading) ARTICLE I.

DEFINITIONS - APPLICATION - JURISDICTION

625 ILCS 45/1-1

(625 ILCS 45/1-1) (from Ch. 95 1/2, par. 311-1)

Sec. 1-1.

Title
and declaration of intent.
This Act shall be known and may be cited as the "

Boat Registration and Safety Act.

" It is the policy of this State to promote safety for persons
and property in and connected with the use, operation and equipment of
vessels and to promote uniformity of laws relating thereto.

(Source: P.A. 82-783.)

625 ILCS 45/1-2

(625 ILCS 45/1-2) (from Ch. 95 1/2, par. 311-2)

Sec. 1-2. Definitions.

As used in this Act, unless the context clearly
requires a different meaning:

"Airboat" means a vessel that is typically flat-bottomed and propelled by an aircraft-type propeller powered by an engine.

"Competent" means capable of assisting a water skier in case of injury or accident.

"Dealer" means any person who engages in the business of manufacturing, selling, or dealing in, on consignment or otherwise, any number of new watercraft or 5 or more used watercraft of any make during the year, including any off-highway vehicle dealer or snowmobile dealer or a person licensed as a new or used vehicle dealer who also sells or deals in, on consignment or otherwise, any number of watercraft as defined in this Act.

    "Department" means the Department of Natural Resources.
    "Inland Rules" means the Inland Navigation Rules Act of 1980.

"International regulations" means the International Regulations for Preventing Collisions at Sea, 1972, including annexes currently in force for the United States.

    "Leeward side" means the side of a vessel's sail that is facing away or sheltered from the wind.
    "Lifeboat" means a small boat kept on board a larger boat for use in an emergency.
    "Motorboat" or "power-driven vessel" means any vessel propelled by machinery.

"Nonpowered watercraft" or "human-powered watercraft" means any canoe, kayak, kiteboard, paddleboard, ribbed inflatable, or any other watercraft propelled by oars, paddles, or poles but not powered by sail, canvas, human body part, or machinery of any sort.

    "Operate" means to use, navigate, employ, or otherwise be in actual physical control of a motorboat or vessel.
    "Operator" means a person who operates or is in actual physical control of a watercraft.

"Owner" means a person, other than a secured party, having property rights or title to a watercraft. "Owner" includes a person entitled to the use or possession of a motorboat subject to an interest in another person, reserved or created by agreement and securing payment of performance of an obligation. "Owner" does not include a lessee under a lease not intended as security.

"Person" means any individual, firm, corporation, partnership, or association, and any agent, assignee, trustee, executor, receiver, or representative thereof.

"Personal flotation device" or "PFD" means a device that is approved by the Commandant, U.S. Coast Guard, under Part 160 of Title 46 of the Code of Federal Regulations.

"Personal watercraft" means a vessel propelled by a water jet pump or other machinery as its primary source of motive power and designed to be operated by a person sitting, standing, or kneeling on the vessel, rather than within the confines of a hull.

"Principally operated" means the vessel is or will be primarily operated within the jurisdiction of the State during a calendar year.

"Recreational boat" means any vessel manufactured or used primarily for noncommercial use, or leased, rented, or chartered to another for noncommercial use.

"Sailboat" or "sailing vessel" means any vessel under sail so long as the propelling machinery, if fitted, is not being used.

"Seaplane" means any aircraft designed to maneuver on the water.

"Specialty prop-craft" means a vessel that is similar in appearance and operation to a personal watercraft but that is powered by an outboard or propeller driven motor.

    "Throwable PFD" has the meaning provided in 33 CFR 175.13.
    "Underway" applies to a vessel or watercraft at all times except when it is moored at a dock or anchorage area.
    "Use" applies to all vessels on the waters of this State, whether moored or underway.

"Vessel" or "watercraft" means every watercraft used or capable of being used as a means of transportation on water, except a seaplane on the water, air mattress or similar device, and boats used for concession rides in artificial bodies of water designed and used exclusively for such concessions.

"Waters of this State" means any water within the jurisdiction of this State.

"Wearable U.S. Coast Guard approved personal flotation device", "wearable U.S. Coast Guard approved PFD", and "wearable PFD" have the meaning provided for "wearable PFD" in 33 CFR 175.13.

"Windward side" means the side of a vessel's sail that has the wind blowing into the sail.

"Wing in Ground" (WIG) vessel means a multimodal vessel which, in its main operational mode, flies in close proximity to the surface utilizing surface-effect action.

(Source: P.A. 102-595, eff. 6-1-22.)

625 ILCS 45/1-3

(625 ILCS 45/1-3) (from Ch. 95 1/2, par. 311-3)

Sec. 1-3.

Application and jurisdiction.

The Department shall, for the purposes of this Act, have full and
complete jurisdiction of all waters within the boundaries of the State of
Illinois, subject only to the paramount authority of the Federal Government
with reference to the navigation of such stream or streams and further
subject to such powers as may be granted to political subdivisions of the
State. Wherever the provisions of this Act conflict with the laws and
regulations of the Federal Government, the laws and regulations of the
Federal Government shall take precedence.

(Source: P.A. 82-783.)

625 ILCS 45/1-4

(625 ILCS 45/1-4) (from Ch. 95 1/2, par. 311-4)

Sec. 1-4.

The Department is authorized to issue administrative
rules for carrying out, administering and enforcing the provisions
of this Act. The administrative rules shall be promulgated in
accordance with The Illinois Administrative Procedure Act.

Such rules, after becoming effective, shall be enforced
in the same manner as are any other provisions of this Act
and violators thereof are subject to the penalties set out
in this Act.

(Source: P.A. 85-149.)

625 ILCS 45/1-5

(625 ILCS 45/1-5) (from Ch. 95 1/2, par. 311-5)

Sec. 1-5.

The Department is authorized to cooperate with and to enter
into reciprocal agreements with the appropriate departments of the federal
government and other departments or agencies of other states for carrying
out, administering, and enforcing the provisions of this Act.

(Source: P.A. 85-149.)