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REFERENCE TITLE: watercraft; boating; regulations |
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State of Arizona House of Representatives Fifty-sixth Legislature First Regular Session 2023
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HB 2619 |
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Introduced by Representative Griffin
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An Act
amending title 5, chapter 3, article 4, Arizona Revised Statutes, by adding sections 5-337 and 5-338; amending sections 5-350 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. Title 5, chapter 3, article 4, Arizona Revised Statutes, is amended by adding sections 5-337 and 5-338, to read:
5-337. Audible signal devices
Every motorized watercraft shall be equipped with a functioning sound-producing device capable of producing a sound audible for one-half nautical mile. The human voice alone is not acceptable for the purposes of this section.
5-338. Engine cutoff switch; applicability; definition
A. A person operating a power-driven watercraft shall use an engine cutoff switch link while operating the power-driven watercraft at or above displacement speed.
b. The requirements of this section do not apply to the following:
1. A power-driven watercraft in which the main helm is installed within an enclosed cabin.
2. A power-driven watercraft that does not have an engine cutoff switch and is not required to have one.
3. A Power-driven watercraft that is being operated off of Federal Navigable waterways.
4. A COMMERCIAL motorized watercraft.
c. for the purposes of this section, "power-driven watercraft" means a watercraft that is less than twenty-six feet in length with an engine capable of producing three horsepower or more.
Sec. 2. Section 5-350, Arizona Revised Statutes, is amended to read:
5-350. Personal watercraft; requirements for operation; applicability; definition
A. A person shall not operate a personal watercraft unless each person aboard is wearing a wearable personal flotation device that is approved by the United States coast guard.
B. A person who operates a personal watercraft that is equipped by the manufacturer with a lanyard type engine cutoff switch shall attach the lanyard to his body, clothing or personal flotation device as appropriate for the specific watercraft.
C. B. A person shall not operate or knowingly allow another person to operate a personal watercraft under his the person's ownership or control in a reckless or negligent manner endangering the life or property of another person. Prima facie evidence of reckless operation exists if the person commits two or more of the following acts simultaneously:
1. Operates the personal watercraft within a zone of proximity to another watercraft closer than sixty feet unless both are leaving a flat wake or are traveling at a speed of five nautical miles per hour or less.
2. Operates the personal watercraft within the vicinity of a motorboat in a manner that obstructs the visibility of either operator.
3. Heads into the wake of a motorboat that is within a zone of proximity closer than sixty feet and causes one-half or more of the length of the personal watercraft to leave the water.
4. Within a zone of proximity to another watercraft closer than sixty feet, maneuvers quickly, turns sharply or swerves, unless the maneuver is necessary to avoid a collision.
D. C. If equipped by the manufacturer, a person shall not operate a personal watercraft without a functioning spring-loaded throttle mechanism that immediately returns the engine to an idle speed on release of the operator's hand from the control or without any other engine cutoff feature that is installed by the manufacturer.
E. D. A personal watercraft shall not be loaded and operated with passengers or cargo beyond its safe carrying capacity or the manufacturer's recommended limits.
F. E. A person who owns, leases or hires a personal watercraft or who has charge or control over a personal watercraft shall not authorize or knowingly permit allow the personal watercraft to be operated in violation of this section.
G. F. This section does not apply to a performer who engages in a professional exhibition or to a person who participates in an officially sanctioned regatta, race, marine parade, tournament or exhibition.
H. G. For the purposes of this section, "personal watercraft" means a watercraft that is less than sixteen feet long, propelled by machinery powering a water jet pump and designed to be operated by a person who sits, stands or kneels on rather than sitting or standing inside the watercraft.
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 b, section 5-393, 5-395, 5-396 or 5-397 and subsection C, D, G or H of this section or any rule issued thereunder, is guilty of a petty offense. Any person who violates section 5-350, subsection C b is guilty of a class 2 misdemeanor.
B. All peace officers of the this state, and counties, and cities and towns 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, on being hailed by any peace officer, shall stop immediately and lay to, or maneuver in such a way as to permit allow 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. An operator of a watercraft who wilfully flees or attempts to elude a pursuing law enforcement officer issuing an order pursuant to subsection C of this section is guilty of a class 5 felony. The law enforcement watercraft shall be appropriately marked to show that it is an official law enforcement watercraft.
E. In the enforcement of this chapter, sections 13-2506 and 13-3903 apply.
F. Each failure to obey an order or to comply with a warning order issued under subsection C of this section shall constitute a separate offense punishable as a separate violation of this chapter.
G. 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.
H. A person is guilty of a class 2 misdemeanor who:
1. Knowingly displays or has in the person's possession a fictitious, stolen, revoked or altered certificate of number, department issued department-issued number or annual decal.
2. Lends to or knowingly permits allows the use of the person's certificate of number, department issued department-issued number or annual decal on a watercraft for which those items have not been issued.
I. On receipt of a notice of conviction of a person under subsection G or H of this section, the department may revoke the numbers and decals issued to the watercraft that was involved in the violation and any other watercraft owned by the person convicted.