Chapter 716 Oregon Laws 1999

Session Law

AN ACT

HB 2977

Relating to boating; creating new provisions; and amending ORS 153.440 and 830.990.

Whereas the Legislative Assembly finds that the growth in recreational boating and increased speed and congestion on Oregon's waterways make necessary development and implementation of a mandatory boater education program to prevent boating accidents and reduce use conflicts; now, therefore,

Be It Enacted by the People of the State of Oregon:

SECTION 1. Sections 2 to 11 of this 1999 Act are added to and made a part of ORS chapter 830.

SECTION 2. The State Marine Board shall establish and implement a program to provide mandatory boater safety education.

SECTION 3. In establishing the mandatory boater safety education program pursuant to section 2 of this 1999 Act, the State Marine Board shall:

(1) Set a minimum standard of boating safety education competency. The standard shall be consistent with the applicable standard established by the National Association of State Boating Law Administrators. The board may update the minimum standard of competency as necessary.

(2) Create a boating safety course of instruction and examination designed to educate and test for the minimum standard of safety established pursuant to subsection (1) of this section.

(3) Create an equivalency exam that may substitute for taking the boating safety course.

(4) Incorporate volunteer boating safety education programs to the maximum extent possible.

(5) Allow use of commercially provided education courses, provided they meet the standards adopted by the board.

(6) Accept proof of prior completion of any approved course as meeting the requirement for an education course.

(7) Establish a fee for the certificate that may not exceed $10.

(8) Establish a temporary education certificate that is valid for 60 days and issued in conjunction with a temporary certificate of number for newly acquired boats.

(9) Promote the fact that insurance discounts of 10 percent to 15 percent are widely available for taking a boating course that meets the minimum standards established pursuant to subsection (1) of this section.

SECTION 4. A person may obtain a boating safety education certificate if the person:

(1) Is at least 12 years of age;

(2) Passes the boating safety course and examination, or the equivalency exam, as described in section 3 of this 1999 Act, or submits proof to the satisfaction of the State Marine Board that the person has taken a course that is substantively equivalent to the course described in section 3 of this 1999 Act; and

(3) Pays the fee required by the board.

SECTION 5. A person 12 to 15 years of age with a boating safety certificate may operate a motorboat with an engine of 10 horsepower or less. In addition, a person 12 to 15 years of age with a boating safety certificate may operate a motorboat with an engine greater than 10 horsepower if accompanied by and under the direct supervision of a parent, guardian or responsible person 16 years of age or older who possesses a boating safety certificate.

SECTION 6. A person may operate a motorboat with an engine greater than 10 horsepower if the person:

(1)(a) Is at least 16 years of age; and

(b) Obtains a boating safety certificate pursuant to section 4 of this 1999 Act; or

(2) Is accompanied by and under the direct supervision of a person 16 years of age or older who has obtained a boating safety certificate pursuant to section 4 of this 1999 Act.

SECTION 7. A boating safety education certificate is not required if a person:

(1) Is at least 16 years of age and rents a motorboat with an engine greater than 10 horsepower and completes a required dockside safety checklist before operating the boat;

(2) Possesses a current commercial fishing license as required by ORS 508.235;

(3) Possesses a valid United States Coast Guard commercial motorboat operator's license;

(4) Is not a resident of this state and does not operate a boat with an engine greater than 10 horsepower in Oregon waters for more than 60 consecutive days;

(5) Is not a resident of this state, holds a current out-of-state boating safety education certificate and has the out-of-state certificate in the person's possession;

(6) Holds a temporary certificate as described under section 3 of this 1999 Act; or

(7) Is not yet required to have a certificate under the phase-in program developed by the State Marine Board pursuant to section 9 of this 1999 Act.

SECTION 8. A person shall carry a boating safety education certificate on the boat while operating a motorboat, as required, and shall present the certificate to a peace officer upon request by the peace officer.

SECTION 9. The State Marine Board shall phase in the mandatory boating education program within 10 years from the effective date of this 1999 Act. In developing a phase-in program, the board shall consider factors that include but are not limited to operator age, types of high-risk boats and the geographic availability and frequency of volunteer courses. The board shall phase in the program with the youngest operators and those of highest risk at the beginning of the phase-in.

SECTION 10. The State Marine Board shall submit a progress report on the boating education program to the Seventy-first Legislative Assembly.

SECTION 11. The State Marine Board shall first adopt rules to implement the mandatory boating safety education program pursuant to section 2 of this 1999 Act before December 31, 2000.

SECTION 12. ORS 153.440 is amended to read:

153.440. (1) Except as otherwise provided in the statute defining the offense, the penalty for committing a boating infraction shall be a fine only.

(2) Boating infractions are classified for the purpose of sentence into the following categories:

(a) Class A boating infractions; [and]

(b) Class B boating infractions; and

(c) Class C boating infractions.

(3) A sentence to pay a fine for a boating infraction shall be a sentence to pay an amount not exceeding:

(a) $1,395 for a Class A boating infraction.

(b) $350 for a Class B boating infraction.

(c) $75 for a Class C boating infraction.

SECTION 12a. If Senate Bill 20 becomes law, section 12 of this 1999 Act (amending ORS 153.440) is repealed.

SECTION 13. ORS 830.990 is amended to read:

830.990. (1) A person who violates one of the following provisions of this chapter commits a Class C boating infraction: sections 5, 6, 7 and 8 of this 1999 Act.

[(1)] (2) A person who violates one of the following provisions of this chapter commits a Class B boating infraction: ORS 830.050, 830.110, 830.175, 830.180, 830.185, 830.195, 830.210, 830.215, 830.220, 830.225, 830.230, 830.235, 830.240, 830.245, 830.250, 830.260, 830.300, 830.315 (2) and (3), 830.335, 830.340, 830.345, 830.350, 830.355, 830.360, 830.365, 830.370, 830.375, 830.410, 830.415, 830.420, 830.475 (4), 830.480, 830.495, 830.710, 830.720, 830.770, 830.775, 830.780, 830.785, 830.795, 830.805, 830.810, 830.825, 830.830, 830.850, 830.855 and 830.905.

[(2)] (3) A person who violates one of the following provisions of this chapter commits a Class A infraction: ORS 830.305 and 830.390 and rules adopted thereunder.

[(3)] (4) A person who violates the following provision of this chapter commits a Class B misdemeanor: ORS 830.383.

[(4)] (5) A person who violates one of the following provisions of this chapter commits a Class A misdemeanor: ORS 830.035 (2), 830.315 (1), 830.325, 830.475 (1), 830.730 and 830.955 (1).

[(5)] (6) A person who violates ORS 830.475 (2) commits a Class C felony.

SECTION 13a. If Senate Bill 20 becomes law, section 13 of this 1999 Act (amending ORS 830.990) is repealed and ORS 830.990, as amended by section 95, chapter 1051, Oregon Laws 1999 (Enrolled Senate Bill 20), is amended to read:

830.990. (1) A person who violates one of the following provisions of this chapter commits a Class D violation: sections 5, 6, 7 and 8 of this 1999 Act.

[(1)] (2) A person who violates one of the following provisions of this chapter, or any rule adopted by the State Marine Board pursuant to those provisions, commits a Class B violation: ORS 830.050, 830.110, 830.175, 830.180, 830.185, 830.195, 830.210, 830.215, 830.220, 830.225, 830.230, 830.235, 830.240, 830.245, 830.250, 830.260, 830.300, 830.315 (2) and (3), 830.335, 830.340, 830.345, 830.350, 830.355, 830.360, 830.365, 830.370, 830.375, 830.410, 830.415, 830.420, 830.475 (4), 830.480, 830.495, 830.710, 830.720, 830.770, 830.775, 830.780, 830.785, 830.795, 830.805, 830.810, 830.825, 830.830, 830.850, 830.855 and 830.905.

[(2)] (3) A person who violates one of the following provisions of this chapter commits a Class A violation: ORS 830.305 and 830.390 and rules adopted thereunder.

[(3)] (4) A person who violates the following provision of this chapter commits a Class B misdemeanor: ORS 830.383.

[(4)] (5) A person who violates one of the following provisions of this chapter commits a Class A misdemeanor: ORS 830.035 (2), 830.315 (1), 830.325, 830.475 (1), 830.730 and 830.955 (1).

[(5)] (6) A person who violates ORS 830.475 (2) commits a Class C felony.

SECTION 14. In any proceeding for a violation of section 5, 6, 7 or 8 of this 1999 Act, the court shall conditionally suspend all or part of the fine to be imposed on the defendant if the defendant appears personally and agrees to complete, at the defendant's own expense, a safe boating education course approved by the State Marine Board under section 3 of this 1999 Act within the time limits imposed by the court.

Approved by the Governor July 14, 1999

Filed in the office of Secretary of State July 15, 1999

Effective date October 23, 1999

__________