32-1139. Boating safety education, certificate of completion required for certain operators.

32-1139

Chapter 32.--WILDLIFE, PARKS AND RECREATION
Article 11.--BOATING AND WATER ACTIVITIES

      32-1139.   Boating safety education, certificate ofcompletion required for certain operators.(a) On and after January 1, 2001:

      (1)   No person born on or after January 1, 1989, shall operate on publicwaters of this state any motorboat or sailboat unless the person possesses acertificate of completion of an approved boater safety education course ofinstruction lawfully issued to such person as provided by this act.

      (2)   No owner or person in possession of any motorboat or sailboat shallpermit another person, who is subject to the requirements in subsection (a)(1),to operate suchmotorboat or sailboat unless such other person either: (A) Has been lawfullyissued acertificate of completion of an approved boater safety education course ofinstruction as provided by this act; or (B) is legally exempt from therequirements of subsection (a)(1).

      (3)   The requirement in subsection (a)(1), shall not apply to a person 21years of age or older.

      (b)   The requirement in subsection (a)(1) shall not apply to a personoperating a motorboat or sailboat accompanied by and under the direct andaudible supervision of a person over 17 years of age who either: (1) Possessesa certificate of completion of an approved boater safety education course, or(2) is legally exempt from the requirements of subsection (a)(1).

      (c)   No person who is charged with aviolation of subsection (a)(1) shall be convicted of the violation if suchperson produces in court or in the office of the arresting officer acertificate of completion of an approved boater safety education course ofinstruction lawfully issued to such person and valid at the time of suchperson's arrest.

      History:   L. 2000, ch. 70, § 2; July 1.