new boating regs NC
So is everyone required or are folks 26years and older grandfathered in?? Anyone know...Mark
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2009
SESSION LAW 2009-282
SENATE BILL 43
*S43-v-4*
AN ACT TO IMPROVE BOATING SAFETY BY REQUIRING BOATING SAFETY
EDUCATION PRIOR TO OPERATING A VESSEL WITH A MOTOR OF TEN
HORSEPOWER OR GREATER, AS RECOMMENDED BY THE JOINT SELECT
COMMITTEE ON MANDATORY BOATING SAFETY EDUCATION.
The General Assembly of North Carolina enacts:
SECTION 1. Article 1 of Chapter 75A of the General Statutes is amended by
adding a new section to read:
"§ 75A-16.2. Boating safety education required.
(a) No person shall operate a vessel with a motor of 10 horsepower or greater on the
public waters of this State unless the operator has met the requirements for boating safety
education.
(b) A person shall be considered in compliance with the requirements of boating safety
education if the person does one of the following:
(1) Completes and passes the boating safety course instituted by the Wildlife
Resources Commission under G.S. 75A-16.1 or another boating safety
course that is approved by the National Association of State Boating Law
Administrators (NASBLA) and accepted by the Wildlife Resources
Commission;
(2) Passes a proctored equivalency examination that tests the knowledge of
information included in the curriculum of an approved course;
(3) Possesses a valid or expired license to operate a vessel issued to maritime
personnel by the United States Coast Guard;
(4) Possesses a State-approved nonrenewable temporary operator's certificate to
operate a vessel for 90 days that was issued with the certificate of number
for the vessel, if the boat was new or was sold with a transfer of ownership;
(5) Possesses a rental or lease agreement from a vessel rental or leasing business
that lists the person as the authorized operator of the vessel;
(6) Properly displays Commission-issued dealer registration numbers during the
demonstration of the vessel;
(7) Operates the vessel under onboard direct supervision of a person who is at
least 18 years of age and who meets the requirements of this section;
(8) Demonstrates that he or she is not a resident, is temporarily using the waters
of this State for a period not to exceed 90 days, and meets any applicable
boating safety education requirements of the state or nation of residency;
(9) Has assumed operation of the vessel due to the illness or physical
impairment of the initial operator, and is returning the vessel to shore in
order to provide assistance or care for the operator;
(10) Is registered as a commercial fisherman or a person who is under the
onboard direct supervision of a commercial fisherman while operating the
commercial fisherman's boat; or
(11) Provides proof that he or she is at least 26 years of age.
Any person who operates a vessel with a motor of 10 horsepower or greater on the waters
of this State shall, upon the request of a law enforcement officer, present to the officer a
certification card or proof that the person has complied with the provisions of this section.
(c) Any person who violates a provision of this section or a rule adopted pursuant to
this section is guilty of an infraction, as provided in G.S. 14-3.1. The court shall assess court
costs for each violation but shall not assess a penalty. A person may not be convicted of
Page 2 Session Law 2009-282 SL2009-0282
violating this section if, when tried for the offense, the person produces in court a certification
card or proof that the person has completed and passed a boating safety course in compliance
with subdivision (b)(1) of this section.
(d) No unit of local government shall enact any ordinance or rule relating to boating
safety education, and this law preempts all existing ordinances or rules.
(e) An operator of a personal watercraft on the public waters of this State remains
subject to any more specific provision of law found in G.S. 75A-13.3."
SECTION 2. G.S. 75A-13.3 reads as rewritten:
"§ 75A-13.3. Personal watercraft.
…
(b) Except as otherwise provided in this subsection, no person under 16 years of age
shall operate a personal watercraft on the waters of this State, and it is unlawful for the owner
of a personal watercraft or a person who has temporary or permanent responsibility for a person
under the age of 16 to knowingly allow that person to operate a personal watercraft. A person
of at least 14 years of age but under 16 years of age may operate a personal watercraft on the
waters of this State if:
(1) The person is accompanied by a person of at least 18 years of age who
physically occupies the watercraft; watercraft and who is in compliance with
G.S. 75A-16.2; or
(2) The person (i) possesses on his or her person while operating the watercraft,
identification showing proof of age and a boating safety certification card
issued by the Commission or Commission, proof of other satisfactory
completion of a boating safety education course approved by the National
Association of State Boating Law Administrators (NASBLA); (NASBLA),
or proof of other boating safety education in compliance with
G.S. 75A-16.2; and (ii) produces that identification and certification card
proof upon the request of an officer of the Commission or local law
enforcement agency.
…
(c3) A vessel livery shall provide the operator of a leased personal watercraft with basic
safety instruction prior to allowing the operation of the leased personal watercraft. "Basic safety
instruction" shall include direction on how to safely operate the personal watercraft and a
review of the safety provisions of this section. A vessel livery that fails to provide basic safety
instruction is guilty of a Class 3 misdemeanor.
…."
SECTION 3. This act becomes effective May 1, 2010.
In the General Assembly read three times and ratified this the 30th day of June,
2009.
s/ Walter H. Dalton
President of the Senate
s/ Joe Hackney
Speaker of the House of Representatives
s/ Beverly E. Perdue
Governor
Approved 11:17 a.m. this 10th day of July, 2009
__________________
Somewhere off the coast of Carolina!!
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