§ 75A-16.2. (Effective May 1, 2010) Boating safety education required.
§ 75A‑16.2. (EffectiveMay 1, 2010) Boating safety education required.
(a) No person shalloperate a vessel with a motor of 10 horsepower or greater on the public watersof this State unless the operator has met the requirements for boating safetyeducation.
(b) A person shall beconsidered in compliance with the requirements of boating safety education ifthe person does one of the following:
(1) Completes and passesthe boating safety course instituted by the Wildlife Resources Commission underG.S. 75A‑16.1 or another boating safety course that is approved by theNational Association of State Boating Law Administrators (NASBLA) and acceptedby the Wildlife Resources Commission;
(2) Passes a proctoredequivalency examination that tests the knowledge of information included in thecurriculum of an approved course;
(3) Possesses a valid orexpired license to operate a vessel issued to maritime personnel by the UnitedStates Coast Guard;
(4) Possesses a State‑approvednonrenewable temporary operator's certificate to operate a vessel for 90 daysthat was issued with the certificate of number for the vessel, if the boat wasnew or was sold with a transfer of ownership;
(5) Possesses a rentalor lease agreement from a vessel rental or leasing business that lists theperson as the authorized operator of the vessel;
(6) Properly displaysCommission‑issued dealer registration numbers during the demonstration ofthe vessel;
(7) Operates the vesselunder onboard direct supervision of a person who is at least 18 years of ageand who meets the requirements of this section;
(8) Demonstrates that heor she is not a resident, is temporarily using the waters of this State for aperiod not to exceed 90 days, and meets any applicable boating safety educationrequirements of the state or nation of residency;
(9) Has assumedoperation of the vessel due to the illness or physical impairment of theinitial operator, and is returning the vessel to shore in order to provideassistance or care for the operator;
(10) Is registered as a commercialfisherman or a person who is under the onboard direct supervision of acommercial fisherman while operating the commercial fisherman's boat; or
(11) Provides proof thathe or she is at least 26 years of age.
Any person who operates avessel with a motor of 10 horsepower or greater on the waters of this Stateshall, upon the request of a law enforcement officer, present to the officer acertification card or proof that the person has complied with the provisions ofthis section.
(c) Any person whoviolates a provision of this section or a rule adopted pursuant to this sectionis guilty of an infraction, as provided in G.S. 14‑3.1. The court shallassess court costs for each violation but shall not assess a penalty. A personmay not be convicted of violating this section if, when tried for the offense,the person produces in court a certification card or proof that the person hascompleted and passed a boating safety course in compliance with subdivision(b)(1) of this section.
(d) No unit of local governmentshall enact any ordinance or rule relating to boating safety education, andthis law preempts all existing ordinances or rules.
(e) An operator of apersonal watercraft on the public waters of this State remains subject to anymore specific provision of law found in G.S. 75A‑13.3. (2009‑282, s. 1.)