Report Title:

Boating Safety Educational Requirement

 

Description:

Provides for mandatory boating safety instruction as a prerequisite for vessel registration.

 

HOUSE OF REPRESENTATIVES

H.B. NO.

112

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to boating safety.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 200, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part . Boating safety education

§200-A Certificate of boating safety education. (a) Except as provided in section 200-B, no person may operate on the waters of the State a vessel required to be registered in this State pursuant to section 200-31, without first successfully completing a course of instruction prescribed by the department and obtaining from the department a certificate of boating safety education.

(b) Any certificate of boating safety issued by any state, and approved by the National Association of State Boating Law Administrators, shall be deemed to be sufficient for compliance with the requirements of this section.

(c) A person who is subject to subsection (a) shall:

(1) Maintain in the person's possession, at all times while operating a vessel on the waters of the State, the certificate of boating safety education issued by the department; and

(2) Upon demand of a conservation and resources enforcement officer or any law enforcement officer, show the certificate of boating safety education issued by the department to that officer.

(d) It shall be a defense to any charge under subsection (c) if the person so charged produces in court a certificate of boating safety education issued to that person and valid at the time of arrest.

§200-B Exemptions. The following persons shall be exempt from the requirements of this part:

(1) Any person who holds a valid United States Coast Guard captain's license; or

(2) Any person who holds a valid pilot's license issued pursuant to chapter 462A, or its equivalent from another jurisdiction.

§200-C Powers and duties of the department. (a) The department shall coordinate and provide a statewide course of instruction in boating safety education for certification, and ensure that courses are available at regular intervals within each county.

(b) Any course of instruction in boating safety education offered by the department is not required to consist of more than six classes, nor to exceed a cumulative total of twelve hours.

(c) Tests may be administered verbally when appropriate.

(d) The department shall replace, free or at cost, a lost or destroyed boating safety education certificate originally issued by the department.

§200-D Validity of certificate. Once issued, the certificate of boating safety education shall be valid for the lifetime of the person to whom it was issued and may not be revoked by the department or a court of law.

§200-E Rules. The department shall adopt rules pursuant to chapter 91 as may be necessary to implement this part.

§200-F Penalties. (a) Whoever violates section 200-A(a) shall for the first offense be fined not less than $50 nor more than $200. For each subsequent offense, the person shall be fined not less than $100 nor more than $500 or imprisoned for a term not to exceed six months, or both.

(b) Whoever violates section 200-A(c) shall for the first offense be fined not less than $25 nor more than $100. For each subsequent offense, the person shall be fined not less than $50 nor more than $200, or imprisoned not less than ten nor more than thirty days, or both."

SECTION 2. In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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