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Public Act 102-0595


 

Public Act 0595 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0595
 
HB2499 EnrolledLRB102 12818 RJF 18159 b

    AN ACT concerning government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Boat Registration and Safety Act is amended
by changing Sections 1-2, 3-7, 3C-4, 4-1, 4-2, 5-3, and 5-13 as
follows:
 
    (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.
    "Vessel" or "Watercraft" means every description of
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.
    "Motorboat" means any vessel propelled by machinery,
whether or not such machinery is the principal source of
propulsion, but does not include a vessel which has a valid
marine document issued by the Bureau of Customs of the United
States Government or any Federal agency successor thereto.
    "Non-powered watercraft" means any canoe, kayak,
kiteboard, paddleboard, float tube, or watercraft not
propelled by sail, canvas, or machinery of any sort.
    "Sailboat" means any watercraft propelled by sail or
canvas, including sailboards. For the purposes of this Act,
any watercraft propelled by both sail or canvas and machinery
of any sort shall be deemed a motorboat when being so
propelled.
    "Airboat" means any boat (but not including airplanes or
hydroplanes) propelled by machinery applying force against the
air rather than the water as a means of propulsion.
    "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.
    "Lifeboat" means a small boat kept on board a larger boat
for use in emergency.
    "Owner" means a person, other than lien holder, having
title to a motorboat. The term 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, but the term excludes
a lessee under a lease not intended as security.
    "Waters of this State" means any water within the
jurisdiction of this State.
    "Person" means an individual, partnership, firm,
corporation, association, or other entity.
    "Operate" means to navigate or otherwise use a motorboat
or vessel.
    "Department" means the Department of Natural Resources.
    "Competent" means capable of assisting a skier in case of
injury or accident.
    "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.
    "Recreational boat" means any vessel manufactured or used
primarily for noncommercial use; or leased, rented or
chartered to another for noncommercial use.
    "Personal watercraft" means a vessel that uses an inboard
motor powering a water jet pump as its primary source of motor
power and that is designed to be operated by a person sitting,
standing, or kneeling on the vessel, rather than the
conventional manner of sitting or standing inside the vessel,
and includes vessels that are similar in appearance and
operation but are powered by an outboard or propeller drive
motor.
    "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.
    "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.
(Source: P.A. 97-1136, eff. 1-1-13.)
 
    (625 ILCS 45/3-7)  (from Ch. 95 1/2, par. 313-7)
    Sec. 3-7. Loss of certificate; certificate correction.
Should a certificate of number or registration expiration
decal become lost, destroyed, or mutilated beyond legibility,
or if information required by the Department to be included on
the certificate has changed, the owner of the watercraft shall
make application to the Department for the replacement of the
certificate or decal or for a corrected certificate or decal,
giving his name, address, and the number of his boat and shall
at the same time of application pay to the Department a fee of
$5.
(Source: P.A. 93-32, eff. 7-1-03.)
 
    (625 ILCS 45/3C-4)  (from Ch. 95 1/2, par. 313C-4)
    Sec. 3C-4. Police tows; reports; release of watercraft;
payment Reports on towed watercraft.
    (a) When a watercraft is authorized to be towed away as
provided in Section 3C-2 or 3C-3, the authorization, any hold
order, and any release shall be in writing, or confirmed in
writing, with a copy given to the towing service.
    (b) When a watercraft is authorized to be towed away as
provided in Section 3C-2, the police headquarters or office of
the law enforcement officer authorizing the towing shall keep
and maintain a record of the watercraft towed, listing the
color, manufacturer's trade name, manufacturer's series name,
hull type, hull material, hull identification number, and
registration number displayed on the watercraft. The record
shall also include the date and hour of tow, location towed
from, location towed to, and reason for towing and the name of
the officer authorizing the tow.
    (c) The owner, operator, or other legally entitled person
shall be responsible to the towing service for the payment of
applicable removal, towing, storage, and processing charges
and collection costs associated with a watercraft towed or
held under order or authorization of a law enforcement agency.
If a watercraft towed or held under order or authorization of a
law enforcement agency is seized by the ordering or
authorizing agency or any other law enforcement or
governmental agency and sold, any unpaid removal, towing,
storage, and processing charges and collection costs shall be
paid to the towing service from the proceeds of the sale. If
the applicable law provides that the proceeds are to be paid
into the treasury of the appropriate civil jurisdiction, then
any unpaid removal, towing, storage, and processing charges
and collection costs shall be paid to the towing service from
the treasury of the civil jurisdiction. Such payment shall not
exceed the amount of proceeds from the sale, with the balance
to be paid by the owner, operator, or other legally entitled
person.
    (d) Upon the delivery of a written release order to the
towing service, a watercraft subject to a hold order shall be
released to the owner, operator, or other legally entitled
person upon proof of ownership or other entitlement and upon
payment of applicable removal, towing, storage, and processing
charges and collection costs.
(Source: P.A. 84-646.)
 
    (625 ILCS 45/4-1)  (from Ch. 95 1/2, par. 314-1)
    Sec. 4-1. Personal flotation devices.
    A. No person may operate a watercraft unless at least one
wearable U.S. Coast Guard approved personal flotation device
for each person PFD is on board, so placed as to be readily
available for each person.
    B. No person may operate a personal watercraft or
specialty prop-craft unless each person aboard is wearing a
wearable U.S. Coast Guard approved personal flotation device
PFD approved by the United States Coast Guard. No person on
board a personal watercraft shall use an inflatable PFD in
order to meet the PFD requirements of subsection A of this
Section.
    C. No person may operate a watercraft 16 feet or more in
length, except a canoe or kayak, unless at least one readily
accessible United States Coast Guard approved throwable PFD is
on board.
    D. (Blank).
    E. When assisting a person on water skis, aquaplane or
similar device, there must be one wearable U.S. United States
Coast Guard approved PFD on board the watercraft for each
person being assisted or towed or worn by the person being
assisted or towed.
    F. No person may operate a watercraft unless each device
required by this Section is:
        1. in serviceable condition;
        2. identified by a label bearing a description and
    approval number demonstrating that the device has been
    approved by the United States Coast Guard;
        3. of the appropriate size for the person for whom it
    is intended;
        4. in the case of a wearable PFD, readily accessible
    aboard the watercraft;
        5. in the case of a throwable PFD, immediately
    available for use;
        6. out of its original packaging; and
        7. not stowed under lock and key.
    G. Approved personal flotation devices are defined as a
device that is approved by the United States Coast Guard under
Title 46 CFR Part 160.
    H. (Blank).
    H-5. An approved and appropriately sized wearable U.S.
Coast Guard approved personal flotation device shall be worn
by each person under the age of 13 while in tow.
    I. No person may operate any a watercraft under 26 feet in
length unless an approved and appropriately appropriate sized
wearable U.S. United States Coast Guard approved personal
flotation device is being properly worn by each person under
the age of 13 on the deck of a watercraft or in an open
watercraft board the watercraft at all times in which the
watercraft is underway; however, this requirement shall not
apply to persons who are enclosed in a cabin or below the top
deck on a watercraft, on an anchored watercraft that is a
platform for swimming or diving, or aboard a charter
"passenger for hire" watercraft with a licensed captain. below
decks or in totally enclosed cabin spaces. The provisions of
this subsection I shall not apply to a person operating a
watercraft on an individual's private property.
    J. Racing shells, rowing sculls, racing canoes, and racing
kayaks are exempt from the PFD, of any type, carriage
requirements under this Section provided that the racing
shell, racing scull, racing canoe, or racing kayak is
participating in an event sanctioned by the Department as a
PFD optional event. The Department may adopt rules to
implement this subsection.
(Source: P.A. 100-469, eff. 6-1-18; 100-863, eff. 8-14-18.)
 
    (625 ILCS 45/4-2)  (from Ch. 95 1/2, par. 314-2)
    Sec. 4-2. Navigation lights Lights.
    A. Watercraft subject to this Section shall be divided
into classes as follows: It is unlawful to operate any vessel
less than 39 feet in length unless the following lights are
carried and displayed when underway from sunset to sunrise:
        1. Class 1: Less than 16 feet in length. A bright,
    white light after to show all around the horizon, visible
    for a distance of 2 miles. The word "visible" as used
    herein means visible on a dark night with clear
    atmosphere.
        2. Class 2: 16 feet or over and less than 26 feet in
    length. A combination light in the forepart of the boat
    lower than the white light after, showing green to
    starboard and red to port, so fixed as to throw a light
    from dead ahead to 2 points abaft the beam on their
    respective sides and visible for a distance of not less
    than 1 mile.
        3. Class 3: 26 feet or over and less than 40 feet in
    length. Lights under International Rules may be shown as
    an alternative to the above requirements.
        4. Class 4: 40 feet or over and less than 65 feet in
    length.
    B. Every motorboat, underway from sunset to sunrise or
underway in weather causing reduced visibility, shall carry
and exhibit the following United States Coast Guard approved
lights when underway and, during such time, shall not use any
other lights that may be mistaken for or interfere with those
prescribed as follows:
        1. A Class 1 or Class 2 motorboat shall carry the
    following lights:
            (a) A bright white light aft to show all around the
        horizon; and
            (b) A combined light in the fore part of the
        watercraft and lower than the white light aft, showing
        green to starboard and red to port, so fixed as to
        throw the light from right ahead to 2 points (22.5
        degrees) abaft the beam on their respective sides.
        2. A Class 3 or Class 4 motorboat shall carry the
    following lights:
            (a) A bright white light in the fore part of the
        watercraft as near the stern as practicable, so
        constructed as to show the unbroken light over an arc
        of the horizon of 20 points (225 degrees) of the
        compass, so fixed as to throw the light 10 points
        (112.5 degrees) on each side of the watercraft,
        namely, from right ahead to 2 points (22.5 degrees)
        abaft the beam on either side;
            (b) A bright white light aft, mounted higher than
        the white light forward, to show all around the
        horizon; and
            (c) On the starboard side, a green light so
        constructed as to show an unbroken light over an arc of
        the horizon of 10 points (112.5 degrees) of the
        compass, so fixed as to throw the light from right
        ahead to 2 points (22.5 degrees) abaft the beam on the
        starboard side. On the port side, a red light so
        constructed as to show an unbroken light over an arc of
        the horizon of 10 points (112.5 degrees) of the
        compass, so fixed as to throw the light from right
        ahead to 2 points (22.5 degrees) abaft the beam on the
        port side. The side lights shall be fitted with
        inboard screens so set as to prevent these lights from
        being seen across the bow.
        3. A Class 1 or Class 2 motorboat propelled by sail
    alone shall exhibit the combined light prescribed by
    paragraph (1) and a 12-point (135 degrees) white light
    aft. A Class 3 or Class 4 motorboat, when so propelled,
    shall exhibit the colored side lights, suitably screened
    as prescribed by paragraph (2) and a 12-point (135
    degrees) white light aft.
        4. Every white light prescribed by this Section shall
    be of such character as to be visible at a distance of at
    least 2 miles. Every colored light prescribed by this
    Section shall be of such character as to be visible at a
    distance of at least one mile. As used in this subsection
    "visible", when applied to lights, means visible on a dark
    night with clear atmosphere.
        5. If propelled by sail and machinery, a motorboat
    shall carry the lights required by this Section for a
    motorboat propelled by machinery only.
        6. All other watercraft over 65 feet in length and
    those propelled solely by wind effect on the sail shall
    display lights prescribed by federal regulations.
Watercraft propelled by muscular power when underway shall
carry on board from sunset to sunrise, but not fixed to any
part of the boat, a lantern or flashlight capable of showing a
white light visible all around the horizon at a distance of 2
miles or more, and shall display such lantern in sufficient
time to avoid collision with another watercraft.
    C. Nonpowered watercraft shall carry, ready at hand, a
lantern or flashlight showing a white light that shall be
exhibited in sufficient time to avert collision. Manually
propelled watercraft used on the waters of this State where
power-driven vessels are prohibited are exempt from the
provisions of this Section. Every vessel 39 feet or more in
length shall carry and display when underway such additional
or alternate lights as shall be required by the U. S. Coast
Guard for watercraft of equivalent length and type.
    D. Any watercraft may carry and exhibit the lights
required by the international regulations in lieu of the
lights required by subsection B of this Section. Sailboats
equipped with motors and being propelled partly or solely by
such motors shall carry and display the same lights required
for motorboats of the same class. Sailboats being propelled
entirely by sail between sunset and sunrise shall have lighted
the combination running light, and a white light visible aft
only. Sailboats 26 feet or more in length, equipped with
motors but being propelled entirely by sail between sunset and
sunrise, shall have lighted the colored side lights suitably
screened, but not the white lights prescribed for motorboats.
    E. All watercraft, when anchored, other than in a special
anchorage area as defined in 33 CFR 109.10, shall, from sunset
to sunrise, carry and display a steady white light visible all
around the horizon for a distance of no less than 2 miles.
Dinghies, tenders and other watercraft, whose principal
function is as an auxiliary to other larger watercraft, when
so operating need carry only a flashlight visible to other
craft in the area, anything in this section to the contrary
notwithstanding.
    F. (Blank). Vessels at anchor between the hours of sunset
and sunrise, except those in a "Special Anchorage Area", shall
display such anchor lights as shall be required by the U. S.
Coast Guard for watercraft of equivalent length and type.
    G. (Blank). Watercraft operated manually or by motor which
are located on bodies of water where motors of over 7 1/2
horsepower are prohibited must be equipped during the hours
between sunset and sunrise with a lantern or flashlight which
is capable of showing a beam for 2 miles, anything in this
Section to the contrary notwithstanding.
(Source: P.A. 88-524.)
 
    (625 ILCS 45/5-3)  (from Ch. 95 1/2, par. 315-3)
    Sec. 5-3. Interference with navigation.
    (a) No person shall operate any watercraft in a manner
which unreasonably or unnecessarily interferes with other
watercraft or with the free and proper navigation of the
waterways of the State. Anchoring under bridges or in heavily
traveled channels constitutes such interference if
unreasonable under the prevailing circumstances.
    (b) A vessel engaged in fishing shall not impede the
passage of any other vessel navigating within a narrow channel
or canal.
    (c) A vessel nearing a bend or an area of a narrow channel
or canal where other vessels may be obscured by an intervening
obstruction shall navigate with alertness and caution and
shall sound the appropriate audible signal as required by the
Inland Rules as written by the United States Coast Guard and
this Act.
    (d) A vessel shall avoid anchoring in a narrow channel,
under bridges, or in heavily traveled channels or canals, if
unreasonable under the prevailing circumstances.
(Source: P.A. 82-783.)
 
    (625 ILCS 45/5-13)  (from Ch. 95 1/2, par. 315-8)
    Sec. 5-13. Traffic rules.
    A. The area straight ahead of a vessel to the point that is
22.5 degrees beyond the middle of the vessel on the starboard
side of the watercraft shall be designated the danger zone. An
operator of a watercraft shall yield the right-of-way to any
other watercraft occupying or entering into the danger zone
that may result in collision. Passing. When 2 boats are
approaching each other "head on" or nearly so (so as to involve
risk of collision), each boat must bear to the right and pass
the other boat on its left side.
    A-5. Head-on situation.
        (1) If 2 power-driven vessels are meeting head-on or
    nearly head-on courses so as to involve risk of collision,
    each shall alter course to starboard so that each shall
    pass on the port side of the other.
        (2) A vessel proceeding along the course of a narrow
    channel or canal shall keep as near to the outer limit of
    the channel or canal that lies on the starboard side as is
    safe and practicable.
        (3) A power-driven vessel operating in narrow channels
    and proceeding downstream shall have the right-of-way over
    a vessel proceeding upstream. The vessel proceeding
    upstream shall yield as necessary to permit safe passing.
    B. Crossing. As used in this Section, "crossing" means 2
or more watercraft traveling in directions that would have the
path of travel of the watercraft intersect each other. When
boats approach each other obliquely or at right angles, the
boat approaching on the right side has the right of way.
        (1) If 2 power-driven vessels are crossing so as to
    involve the risk of collision, the vessel that has the
    other on the starboard side shall keep out of the way and
    shall avoid crossing ahead of the other vessel.
        (2) A power-driven vessel crossing a river shall keep
    out of the way of a power-driven vessel ascending or
    descending the river.
        (3) A vessel may not cross a narrow channel or canal if
    the crossing impedes the passage of a vessel that can only
    safely navigate within the channel or canal.
    C. Overtaking. One boat may overtake another on either
side but must grant right of way to the overtaken boat.
        (1) A vessel overtaking any other shall give way to
    the vessel being overtaken.
        (2) If a vessel operator is in doubt as to whether he
    or she is overtaking another vessel, the operator shall
    assume he or she is overtaking the other vessel and shall
    act accordingly.
        (3) Any subsequent alteration of the bearing between
    the 2 vessels shall not make the overtaking vessel a
    crossing vessel within the meaning of this Section or
    relieve the overtaking operator of the duty to keep clear
    of the overtaken vessel until finally past and clear.
        (4) When overtaking in a narrow channel or canal, the
    operator of a power-driven vessel intending to overtake
    another power-driven vessel shall proceed to pass safety
    only after indicating his or her intention by sounding the
    horn as follows:
            (a) one short blast from the horn signifies a
        request to pass on the overtaken vessel's starboard
        side;
            (b) 2 short blasts from the horn signify a request
        to pass on the overtaken vessel's port side.
        (5) The operator of the power-driven vessel being
    overtaken shall:
            (a) acknowledge the request by sounding the same
        signal; or
            (b) sound 5 short blasts from the horn to indicate
        danger or to warn the overtaking vessel not to pass.
        No response from the overtaken vessel shall be
    interpreted as an indication of danger and is the same as
    if 5 short blasts from the horn were sounded. In the
    absence of an audible signal or horn, a light signal
    device using the appropriate number of rapid bursts of
    light may be used.
    D. Sailing vessels.
        (1) The operator of a power-driven vessel shall yield
    the right-of-way to any nonpowered or sailing vessel
    unless the nonpowered vessel is overtaking the
    power-driven vessel or Sailboats and Rowboats. When a
    motorboat is approaching a boat propelled solely by sails
    or oars, the motorboat must yield the right of way to the
    sailboat or rowboat except, when a large craft is
    navigating in a confined channel, the large craft has the
    right-of-way right of way over a boat propelled solely by
    oars or sails.
        (2) If 2 sailing vessels are approaching one another,
    so as to involve risk of collision, one of them shall keep
    out of the way of the other as follows:
            (a) If each has the wind on a different side, the
        vessel that has the wind on the port side shall give
        way to the other vessel.
            (b) If both have the wind on the same side, the
        vessel that is to windward shall give way to the vessel
        that is to leeward.
            (c) If a vessel with the wind on the port side sees
        a vessel to windward and cannot determine with
        certainty whether the other vessel has the wind on the
        port or starboard side, the vessel shall give way to
        the other vessel.
(Source: P.A. 82-783.)

Effective Date: 6/1/2022