Chapter 0245 - 451R - H Ver of SB1248

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  House Engrossed Senate Bill
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  State of Arizona
  Senate
  Forty-fifth Legislature
  First Regular Session
  2001
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        CHAPTER 245
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      SENATE BILL 1248
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AN ACT

AMENDING SECTIONS 5-341, 5-349 AND 5-391, ARIZONA REVISED STATUTES; RELATING TO BOATING AND WATER SPORTS.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 5-341, Arizona Revised Statutes, is amended to read:

5-341. Negligent operation of watercraft or water skis; restriction in operation of watercraft

A. No person shall operate a watercraft in a careless, reckless or negligent manner.

B. A person shall not operate a watercraft while allowing a person to ride on the gunwales, the transom or the decked over bow of a watercraft propelled by machinery operating in excess of wakeless speed except if:

1. That portion of the watercraft was designed and constructed for the purpose of carrying passengers at all speeds.

2. The watercraft is being maneuvered for anchoring, mooring or casting off moorings.

C. No watercraft shall be operated with a passenger or passengers on the bow in such a manner as to obstruct the view of the operator.

D. No person on water skis, a surfboard or a similar contrivance shall behave in a careless, reckless or negligent manner.

E. Except in case of emergency no person under the age of twelve years may operate a watercraft propelled by a motor of greater than eight horsepower unless the person's parent or legal guardian or at least one person who is eighteen years of age or older is present on the watercraft.

F. Except as provided in subsection E ~~of this section~~, it is unlawful for any person to allow another person under the age of twelve to operate a motor-powered watercraft.

G. A PERSON VIOLATING SUBSECTION A, B, C OR D IS GUILTY OF A CLASS 2 MISDEMEANOR.

Sec. 2. Section 5-349, Arizona Revised Statutes, is amended to read:

5-349. Watercraft casualties; violation; classification

A. The operator of a watercraft involved in a collision, accident or other casualty shall, to the extent he THE OPERATOR can do so without serious danger to ~~his~~ THE OPERATOR'S own watercraft or persons aboard, render all practical and necessary assistance to persons affected to save them from danger caused by the collision, accident or casualty.

B. The operator of a watercraft involved in a collision, accident or other casualty shall give ~~his~~ THE OPERATOR'S name, AND address and the identification of ~~his~~ THE OPERATOR'S watercraft to any person injured and to the owners of any property damaged.

C. Whenever death or injury results from any watercraft collision, accident or other casualty, a written report shall be submitted within forty-eight hours. For every other collision, accident or other casualty involving property damage EXCEEDING FIVE HUNDRED DOLLARS, ~~such~~ A report shall be submitted within five days after ~~such~~ THE incident by the operator or owner of the watercraft involved. ~~Such~~ Written reports shall be submitted directly to the department for use in statistical studies for casualty prevention. ~~Such~~ Reports shall not be used as evidence in any trial, civil or criminal, arising from any collision, accident or other casualty. Upon request, A ~~such~~ report shall be forwarded to the United States coast guard or other authorized federal agency to be used in statistical studies for casualty prevention.

D. To maintain uniformity, watercraft casualty reports shall be on a form approved by the commission.

E. Every peace officer who, in the regular course of duty, investigates any watercraft collision, accident or other casualty INVOLVING DEATH OR PERSONAL INJURY OR INVOLVING PROPERTY DAMAGE EXCEEDING FIVE HUNDRED DOLLARS shall prepare and transmit a report to the department pursuant to subsection B C of this section.

F. If the operator of a watercraft is involved in a collision or accident that results in death or serious physical injury, as defined in section 13-105, and the operator fails to stop or comply with the requirements of subsection A of this section, the operator is guilty of a class 5 felony. If the operator of a watercraft is involved in a collision or accident that results in injury other than death or serious physical injury and the operator fails to stop and comply with the requirements of subsection A of this section, the operator is guilty of a class 6 felony. If the operator of a watercraft is involved in a collision or accident that results only in damage to another watercraft that is operated or attended by another person, and the operator fails to stop and comply with the requirements of subsection B of this section, the operator is guilty of a class 3 misdemeanor.

Sec. 3. Section 5-391, Arizona Revised Statutes, is amended to read:

5-391. Enforcement; violation; classification

A. Any person who violates any provision of this chapter, except section 5-341, SUBSECTION A, B, C OR D, SECTION 5-349, SECTION 5-350, SUBSECTION C OR SECTIONS 5-393, 5-395 or ~~5-395.06~~ 5-396 and subsections C, F and G of this section or any rule issued thereunder, is guilty of a ~~class 3 misdemeanor~~ PETTY OFFENSE. ANY PERSON WHO VIOLATES SECTION 5-350, SUBSECTION C OR SUBSECTION C OF THIS SECTION IS GUILTY OF A CLASS 2 MISDEMEANOR.

B. All peace officers of the state, counties and cities shall enforce the provisions of this chapter and all laws and rules relating to the operation of watercraft.

C. In the enforcement of this chapter, the operator of the watercraft upon being hailed by any peace officer shall stop immediately and lay to, or maneuver in such a way as to permit the peace officer to come aboard or alongside. The operator may be ordered ashore to correct any unlawful condition, issued a written warning or written repair order, or issued a citation for any violation of this chapter.

D. In the enforcement of this chapter, the provisions of sections 13-2506 and 13-3903 shall apply.

E. Each failure to obey an order or to comply with a warning order issued under the provisions of subsection C of this section shall constitute a separate offense punishable as a separate violation of this chapter.

F. A person is guilty of a class 6 felony who knowingly removes, defaces, obliterates, changes, alters or causes to be removed, defaced, obliterated, changed or altered a factory, engine, serial, outdrive, lower unit, power trim or hull identification number or mark on a watercraft.

G. A person is guilty of a class 2 misdemeanor who:

1. Knowingly displays or has in his possession a fictitious, stolen, revoked or altered certificate of number, department issued number or annual decal.

2. Lends to or knowingly permits the use of his certificate of number, department issued number or annual decal on a watercraft for which those items have not been issued.

H. Upon receipt of notice of conviction of a person under subsection F or G of this section, the department may revoke the numbers and decals issued to the watercraft which was involved in the violation and any other watercraft owned by the person convicted.

APPROVED BY THE GOVERNOR APRIL 25, 2001.

FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 25, 2001.