Sec. 15-156. Penalties. Operation of vessel while safe boating certificate or certificate of personal watercraft operation refused, suspended or revoked. Jurisdiction. Return of certificate to commiss
Sec. 15-156. Penalties. Operation of vessel while safe boating certificate or certificate of personal watercraft operation refused, suspended or revoked. Jurisdiction. Return of certificate to commissioner. (a) Any person who violates any provision
of this part for which a penalty is not provided shall have committed an infraction.
(b) No person to whom a safe boating certificate or certificate of personal watercraft
operation has been refused, or whose certificate or right to operate a vessel in this state
has been suspended or revoked, shall operate any vessel during the period of such refusal,
suspension or revocation. No person shall operate or cause to be operated any vessel,
the registration of which has been suspended or revoked.
(c) Except as provided in subsection (d) of this section, any person who violates
any provision of subsection (b) of this section shall be fined not less than one hundred
fifty dollars or more than two hundred dollars or imprisoned not more than ninety days,
or be both fined and imprisoned for the first offense, and for any subsequent offense
shall be fined not less than two hundred dollars or more than six hundred dollars or
imprisoned not more than one year, or be both fined and imprisoned.
(d) (1) Any person who operates any vessel during the period such person's certificate or right to operate a vessel in this state is under suspension or revocation on account
of a violation of subsection (d) of section 15-133 or subsection (c) of section 15-154
shall be fined not less than five hundred dollars or more than one thousand dollars and
imprisoned not more than one year. In the absence of any mitigating circumstances, as
determined by the court, thirty consecutive days of the sentence imposed may not be
suspended or reduced in any manner. The court shall specifically state, in writing, for
the record the mitigating circumstances, or the absence thereof.
(2) Any person convicted of reckless operation of a vessel in the first or second
degree while under the influence of intoxicating liquor or any drug, or both, in violation
of section 15-140l or 15-140n, who operates a vessel during the period such person's
certificate or right to operate a vessel in this state is under suspension or revocation, in
addition to any penalties imposed in accordance with said sections or section 15-140o,
shall be fined not less than five hundred dollars or more than one thousand dollars and
imprisoned not more than one year. In the absence of any mitigating circumstances as
determined by the court, thirty consecutive days of the sentence imposed may not be
suspended or reduced in any manner. The court shall specifically state, in writing, for
the record any mitigating circumstances, or the absence thereof.
(3) A court having jurisdiction of a violation of subdivision (1) or (2) of this subsection may prohibit such person from operating any vessel on any waters of this state for
a period of not more than two years. Notice of such suspension shall be transmitted
forthwith by the court to the Commissioner of Environmental Protection and the Commissioner of Motor Vehicles.
(e) Any person who has had a safe boating certificate or certificate of personal
watercraft operation suspended or revoked under subsection (d) of section 15-133 or
section 15-140l, 15-140n or 15-154 shall, not later than two business days after the
suspension or revocation takes effect, return the certificate to the commissioner. If such
person fails to return the certificate to the commissioner, the commissioner shall direct
a conservation law enforcement officer to secure possession thereof and to return the
certificate to the office of the commissioner. Failure of such person to return the certificate shall be an infraction.
(1961, P.A. 506, S. 23; P.A. 73-257, S. 21, 27; P.A. 81-423, S. 16, 25; P.A. 82-223, S. 27; 82-348, S. 3, 6; P.A. 89-388, S. 16, 27; P.A. 05-133, S. 1.)
History: P.A. 73-257 added Subsec. (e) re suspension of privilege to operate boat when conviction made for reckless or
negligent operation while under the influence of intoxicating liquor or drugs; P.A. 81-423 inserted references to registration
consistent with other sections of the act; P.A. 82-348, in conjunction with P.A. 82-223, deleted references to specific
penalties in former Subsecs. (a) to (e) and provided that any violation of a provision in part III of chapter 268 for which a
penalty is not provided shall be an infraction and increased fine for any person operating a vessel in violation of a court
prohibition from $100 to $200; P.A. 89-388 amended Subsec. (b) to add provisions re violations in the first or second
degree for consistency with legislative enactment of such violations in 1989; P.A. 05-133 prohibited operation of vessel
by person who has had safe boating certificate or certificate of personal watercraft operation refused, suspended or revoked
in new Subsec. (b), provided penalty for violation of Subsec. (b) in new Subsec. (c), provided penalties for operation of
vessel when certificate under suspension or revocation for violation of Sec. 15-133(d) or Sec. 15-154(c) in new Subsec.
(d)(1), redesignated existing Subsec. (b) as Subsec. (d)(2) and (3) and expanded penalty provisions to include person
convicted of reckless operation of vessel during period certificate or right to operate is under suspension or revocation,
increase fines and impose possibility of imprisonment, and required return of certificate to commissioner or commissioner
to direct conservation law enforcement officer to secure possession of certificate in new Subsec. (e).