68th OREGON LEGISLATIVE ASSEMBLY--1995 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 2659

                         House Bill 2722

Sponsored by Representative REPINE (at the request of Dr. Mark
  Deatherage, MD)


                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Deletes requirement that person other than boat operator be in
boat while water skier being towed.

                        A BILL FOR AN ACT
Relating to water skiing; amending ORS 830.365.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 830.365 is amended to read:
  830.365. (1) No person shall ride or manipulate any water skis,
surfboard or similar device in a reckless or negligent manner so
as to endanger any person or property.
  (2) No person shall operate a boat for the purpose of towing a
person on water skis, surfboard or similar device, and no person
shall engage in water skiing, surfboarding or similar activity at
any time after sunset and before sunrise. This subsection does
not apply to a person while engaged in a professional exhibition
or to a person engaged in an activity authorized under ORS
830.375.
  (3) No person shall operate or manipulate any boat, tow rope or
other device by which the direction or location of a person on
water skis, surfboard or similar device may be affected or
controlled in a reckless or negligent manner so as to cause the
person on water skis, surfboard or similar device to collide with
or strike against any person or object.
  (4) No person shall ride or manipulate any water skis,
surfboard or similar device while under the influence of an
intoxicating liquor or a controlled substance.
  (5) No person shall operate a boat on any waters of this state,
towing a person on water skis, aqua-plane, surfboard, saucer, or
similar device, unless   { - there is in the boat another person,
in addition to the operator, who is in a position to continuously
observe the person being towed - }  { +  another person in the
boat is continuously observing the person being towed or unless
the boat is equipped with a curved, rearview mirror placed so
that the operator may continuously observe the person being
towed + }.
    { - (6) Notwithstanding subsection (5) of this section,
persons operating a boat to tow a water skier in an authorized
competitive marine event, or engaged in practicing for a
competitive water ski event on a water ski course authorized by
the State Marine Board, may use either a curved, rearview mirror
or another person, in addition to the operator, to continuously
observe the person being towed. - }
    { - (7) - }  { +  (6) + } No person shall operate any boat
used for towing water skis, surfboards or similar devices on the
waters of this state unless the boat is equipped with and
displays a warning flag as follows:
  (a) The warning flag, also known as the 'skier down' flag,
shall be international orange or red in color and shall be at
least 12 inches in height and 12 inches in width.
  (b) When any person being towed by the boat becomes disengaged
from the towline and is down in the water, a person in the boat
shall immediately display the warning flag aloft, visible from
all sides, as an indicator to other boats in the area that a
person is down in the water. As long as the downed person is in
the water, the flag shall remain displayed to prevent danger to
that person and hazards to passing boats.
  (c) The warning flag described in this section shall be
displayed only under the conditions set forth in paragraph (b) of
this subsection or when other imminent danger exists.
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