AB514: Bill Text

AB514,86,23 30.62 (2) (c) 2. No person engaged in the business of selling motorboats at retail within this state may sell a motorboat for use on the waters of this state in the ordinary course of that person's business if the motorboat cannot be operated in compliance with par. (b).

Note: Current s. 30.62 (2) (d) prohibits the manufacture and sale of a motorboat for use in this state if it does not comply with maximum noise levels. That statute does not prohibit offering for sale a motorboat that does not meet maximum noise level standards if the boat is not manufactured in this state. This new provision prohibits the retail sale of a motorboat for use on the waters of this state if the motorboat does not meet noise level requirements.

AB514, s. 281 Section 281. 30.62 (2) (d) 1. of the statutes is renumbered 30.62 (2) (d) and amended to read:

AB514,87,6 30.62 (2) (d) Maximum noise level for manufacture. No person may manufacture and or offer for sale any motorboat for use on the waters of this state if the motorboat cannot be operated in such a manner so as to comply with the noise level requirements under in compliance with par. (b).

AB514, s. 282 Section 282. 30.62 (2) (d) 2. of the statutes is renumbered 30.62 (2) (dm) and amended to read:

AB514,87,12 30.62 (2) (dm) Testing procedures. The department may promulgate rules establishing testing procedures to determine noise levels for the enforcement of this section. The department may revise these rules as necessary to adjust to advances in technology.

AB514, s. 283 Section 283. 30.62 (2) (d) 3. of the statutes is repealed.

AB514, s. 284 Section 284. 30.62 (2) (f) of the statutes is repealed.

Note: This provision requires local ordinances to be identical to this statute. This requirement is imposed by s. 30.77 and is unnecessary here.

AB514, s. 285 Section 285. 30.62 (2) (g) 1. to 3. of the statutes are amended to read:

AB514,87,19 30.62 (2) (g) 1. A motorboat while competing in a water exhibition or race conducted under a permit from a town, village or city local governmental unit that enacts an ordinance under s. 30.77 or from an authorized agency of the federal government.

Note: This provision is expanded by use of "local governmental unit" to include counties, town sanitary districts, and lake districts. The reference to a local governmental unit "that enacts an ordinance under s. 30.77" is meant to require that the local governmental unit have some degree of commitment to local regulation of boating. However, this provision does not require the local governmental unit to enact an ordinance related to motor boat racing or speed records. The local governmental unit may simply issue the permit. "Water exhibition" is added to make this provision consistent with s. 30.742 and rules promulgated by the DNR under s. NR 5.19, Wis. Adm. Code.

AB514,88,4 2. A motorboat designed and intended solely for racing, while the boat motorboat is operated incidentally to the testing or tuning up of the motorboat and engine for the water exhibition or race in an area designated by and operated under a permit specified under subd. 1.

AB514,88,7 3. A motorboat on an official trial for a speed record if conducted under a permit from a town, village or city local governmental unit that enacts an ordinance under s. 30.77.

AB514, s. 286 Section 286. 30.62 (2) (i) of the statutes is repealed.

Note: The repealed provision exempts governmental agents from the noise limits when on official duties. This provision is repealed and replaced by a general statute applicable to all statutes and local regulations related to police, rescue, fire fighting, and other similar official boat users. See s. 30.64 (1).

AB514, s. 287 Section 287. 30.62 (2m) and (3) (a) of the statutes are amended to read:

AB514,88,14 30.62 (2m) Overpowering. No person may sell, equip, or operate, and no owner of a boat motorboat may allow a person to operate, a boat motorboat with any motor or other propulsion machinery beyond its safe power capacity, taking into consideration the type and construction of such watercraft and other existing operating conditions the motorboat.

Note: The definition of "motorboat" in s. 30.50 (6) is "any boat equipped with propulsion machinery, whether or not the machinery is the principle source of propulsion". This provision refers to a boat with a motor or propulsion machinery, which is by definition a motorboat. This provision is redrafted accordingly. The reference to "other existing operating conditions" is deleted on the grounds that safe power capacity is determined by the size and design of the motorboat and not by operating conditions.

AB514,89,2 (3) (a) Every boat, except a sailboard and except as provided in par. pars. (b) and (c), shall carry at least one personal flotation device prescribed by federal regulations 33 CFR part 175 for each person on board or being attended by the boat, so placed as to be readily accessible and available to the persons.

AB514, s. 288 Section 288. 30.62 (3) (c) of the statutes is created to read:

AB514,89,6 30.62 (3) (c) 1. In this paragraph, "racing vessel" means a manually propelled racing shell, rowing scull, racing canoe, or racing kayak of the type that is recognized by a national or international racing association for use in competitive racing.

AB514,89,10 2. Paragraph (a) does not apply to a racing vessel if all of the vessel's occupants, other than a coxswain, row, scull, or paddle the vessel and if the vessel is not designed to carry and does not carry any equipment other than equipment used solely for competitive racing.

Note: This provision duplicates the exemptions in current federal rules, 33 CFR s. 175.17.

AB514, s. 289 Section 289. 30.62 (4) (a) of the statutes is amended to read:

AB514,89,18 30.62 (4) (a) Every motorboat, except outboards of open construction, shall be provided with such number, size and type of fire extinguishers, capable of promptly and effectively extinguishing burning gasoline, as prescribed by rules of the department. Such The fire extinguishers shall be at all times kept in condition for immediate and effective use and shall be so placed as to be readily accessible. "Open construction" means construction which will not permit the entrapment of explosive or flammable gases or vapors.

AB514, s. 290 Section 290. 30.62 (4) (b) of the statutes is renumbered 30.62 (4) (b) (intro.) and amended to read:

AB514,89,21 30.62 (4) (b) (intro.) This subsection does not apply to a any of the following:

AB514,90,2 1. A motorboat while competing in a race conducted pursuant to a permit from a town, village or city local governmental unit that enacts an ordinance under s. 30.77 or from an authorized agency of the U.S. federal government, nor does it apply to a .

AB514,90,5 2. A boat designed and intended solely for racing, while the boat is operated incidentally to the tuning up of the boat and engine for the race at the race location on the day of the race.

AB514, s. 291 Section 291. 30.62 (4) (b) 3. of the statutes is created to read:

AB514,90,9 30.62 (4) (b) 3. A motorboat that is equipped with an outboard motor and that is constructed in a manner that does not permit explosive or flammable gases or vapors to become entrapped in the motorboat.

AB514, s. 292 Section 292. 30.62 (5) of the statutes is amended to read:

AB514,90,15 30.62 (5) Backfire flame arresters. Every boat motorboat equipped with an inboard motor using gasoline as a fuel shall have the carburetors of every each inboard gasoline motor fitted with an efficient effective device for arresting backfire flames. The device shall meet the specifications prescribed by comply with federal regulations.

AB514, s. 293 Section 293. 30.62 (6) of the statutes is renumbered 30.62 (6) (a) and amended to read:

AB514,90,21 30.62 (6) (a) Every boat, except open boats, Except as provided in par. (b), every motorboat using as fuel any liquid of a volatile nature, liquid fuel shall be provided with an efficient natural or mechanical effective ventilation system which that is capable of removing resulting inflammable flammable or explosive gases.

AB514, s. 294 Section 294. 30.62 (6) (b) of the statutes is created to read:

AB514,90,25 30.62 (6) (b) Paragraph (a) does not apply to a motorboat that is constructed in a manner that does not permit explosive or flammable gases or vapors to become entrapped in the motorboat.

AB514, s. 295 Section 295. 30.62 (8) of the statutes is amended to read:

AB514,91,7 30.62 (8) Battery cover . Every motorboat If a boat is equipped with storage batteries a battery as part of the boat's electrical system, the battery shall be provided with suitable supports and secured against shifting with the motion of the boat. Such storage batteries Both battery terminals shall be equipped with a nonconductive shielding means covered to prevent accidental shorting of battery terminals.

Note: Several changes are proposed for the provision on batteries. The current statute applies only to motorboats. If a nonmotorized boat uses a battery to power an electrical system, there does not appear to be a reason why the nonmotorized boat should not require securing and covering the battery. The current reference to "storage batteries" is replaced by a reference to a battery that is part of the boat's electrical system. This will exclude from this requirement any other equipment such as depth finders, navigation lights or global positioning system units that are typically operated by dry cell batteries or by small, separate 12 volt lead-acid batteries.

AB514, s. 296 Section 296. 30.62 (9) of the statutes is repealed.

Note: The current statute requires DNR to promulgate rules to conform state requirement regulations with federal law. This provision is replaced by a general directive in new s. 30.5005 for the DNR to propose statutory amendments, registration, operation and equipment standards in conformity with federal regulations.

AB514, s. 297 Section 297. 30.625 (1) (intro.) and (2) of the statutes are amended to read:

AB514,91,11 30.625 (1) (intro.) No person who is engaged in the rental or leasing of rents or leases personal watercraft to the public may do any of the following:

AB514,91,13 (2) The department may shall promulgate rules to establish minimum standards for the instruction given under sub. (1) (a).

Note: Section 30.5005 (1) (b), as created by this bill, states the general authority of DNR to promulgate rules under this subchapter. However, rather than repealing s. 30.625 (2), it is changed to a mandatory provision. This makes this provision consistent with what appears to be the legislative intent of this provision--that the DNR is required to supplement the statute with rules regarding standards for instruction on personal watercraft operation.

AB514, s. 298 Section 298. 30.63 of the statutes is renumbered 30.62 (10) and amended to read:

AB514,92,4 30.62 (10) Sale and use of certain outboard motors restricted. (a) Sale. No person may sell any new outboard motor for use in on the waters of this state unless such the motor is equipped with a crankcase effectively sealed to prevent the drainage of raw fuel into the waters in which the motor is operated.

AB514,92,8 (b) Use. Beginning on January 1, 1990, no person may operate an outboard motor in on the waters of this state unless such the motor is equipped with a crankcase effectively sealed to prevent the drainage of raw fuel into the waters in which such the motor is operated.

AB514, s. 299 Section 299. 30.635 of the statutes is renumbered 30.66 (4) and amended to read:

AB514,92,17 30.66 (4) Motorboat prohibition Slow-no-wake; lakes 50 acres or less. On No person may operate a motorboat in excess of slow-no-wake speed on lakes of 50 acres or less having public access, motorboats may not be operated in excess of slow-no-wake speed, except when such the lakes serve as thoroughfares between 2 or more navigable lakes. The department by rule may modify or waive the requirements of this section as to particular subsection for individual lakes, if it finds that public safety is not impaired by such the modification or waiver.

AB514, s. 300 Section 300. 30.64 of the statutes is renumbered 30.68 (14), and 30.68 (14) (a) and (b), as renumbered, are amended to read:

AB514,93,2 30.68 (14) (a) The operator of a duly authorized patrol boat, when responding to an emergency call or when in pursuit of an actual or suspected violator of the law, need not comply with state law or local this subchapter or ordinances fixing maximum speed limits under s. 30.77 when a siren is being sounded or emergency light is activated and if due regard is given to the safety of other persons in the vicinity. If a an emergency light is used in conjunction with a siren, it shall be the oscillating or flashing type and be fitted with a blue lens of a type and design specified under 33 CFR 88.11 or 88.12.

Note: Patrol boats are subject to exceptions from various boat operation statutes in ss. 30.62 (2) (i), 30.68 (7) and 30.73 (2) (a). These individual exceptions are deleted in lieu of the general exemption from all boating operation statutes and local regulations for a "patrol boat", as defined in new s. 30.50 (9b).

A blue light is required for law enforcement patrol boats. Red and yellow lights are required for fire and emergency patrol boats.

AB514,93,6 (b) Upon the approach of a duly authorized patrol boat giving an audio or visual signal, the operator of a boat shall reduce the boat speed to that speed necessary to maintain steerage control slow-no-wake and yield the right-of-way to the patrol boat until it has passed.

AB514, s. 301 Section 301. 30.65 (1) (intro.), (b) and (f) and (2) of the statutes are amended to read:

AB514,93,13 30.65 (1) Meeting; overtaking; right-of-way. (intro.) Every person operating a boat shall comply with the following traffic rules, except when deviation therefrom from these rules is necessary to comply with federal pilot inland navigational rules, under 33 USC 2001 to 2073 and 33 CFR parts 84 to 90, while operating on the navigable waters of the United States:

AB514,93,17 (b) When 2 motorboats are approaching each other obliquely or at right angles, the boat which that has the other on her the right shall yield the right-of-way to the other. "Right" means from dead ahead, clockwise to 2 points abaft the starboard beam.

AB514,93,19 (f) A boat granted the right-of-way by this section shall maintain her course and speed, unless to do so would probably result in a collision.

AB514,94,2 (2) Additional traffic rules. The department may promulgate such additional traffic rules as it deems necessary in the interest of public safety. Such rules shall that conform as nearly as possible to the federal pilot inland navigational rules under 33 USC 2001 to 2073 and the regulations under 33 CFR parts 84 to 90.

AB514, s. 302 Section 302. 30.66 (1), (2) (title) and (3) of the statutes are amended to read:

AB514,94,9 30.66 (1) Speed to be reasonable and prudent. No person shall may operate a motorboat at a speed greater than is reasonable and prudent under the conditions and having regard for the actual and potential hazards then existing. The speed of a motorboat shall be so controlled as to avoid colliding with any boat, object lawfully in or on the water or with any, or person, boat or other conveyance in or on the water in compliance with legal requirements and exercising due care.

Note: The 2nd sentence of this subsection requires the speed of a motorboat to be controlled to avoid collision with objects "lawfully in or on the water" or with persons or boats that are "in compliance with legal requirements and exercising due care". This suggests that the speed of a motorboat does not need to be controlled to avoid collision with any object, boat or person that does not meet these requirements. The amendment to this subsection requires motorboat speed to be controlled so as to avoid collision with any boat, object or person in or on the water, whether or not that boat, object or person is lawfully in or on the water or in compliance with legal requirements or exercising due care. This change establishes a principle of "defensive driving" for motorboat operation. A motorboat operator is required to control motorboat speed so as to avoid collision, no matter how any other boat is operated, any object is placed in the water, or any person uses the water.

AB514,94,10 (2) (title) Fixed Posted limits.

AB514,94,13 (3) Prohibited operation Slow-no-wake. (a) Except under s. 30.69 (3), no No person may operate a motorboat within 100 feet of any dock, raft, pier, or buoyed restricted area on any lake at a speed in excess of slow-no-wake speed.

Note: The cross-reference to s. 30.69 (3) relates to restrictions on operation of a motorboat in connection with water skiing. The cross-referenced provision establishes various restrictions on the distance that must be maintained between a motorboat or personal watercraft towing a skier and various other objects. The restrictions in s. 30.69 (3) (a) to (c) do not overlap or contradict the restrictions above in s. 30.66 (3) (a). Therefore, the phrase "Except under s. 30.69 (3)", is deleted. The exception in current s. 30.69 (3) (d) remains relevant, and is duplicated below in new s. 30.66 (3) (c). See the description in the following comment.

AB514,95,2 (b) No person may operate a personal watercraft at a speed in excess of slow-no-wake within 100 feet of any other boat or within 200 feet of the shoreline of any lake. This paragraph does not apply if s. 30.69 (3) (a), (c) or (d) applies to the operation of the personal watercraft.

Note: The restriction on the operation of a personal watercraft within 200 feet of the shoreline of a lake was added by 1997 Wisconsin Act 198. The placement of that language in the first sentence of s. 30.66 (3) (b) creates a problem in connection with the sentence that follows. Most of the restrictions in s. 30.69 (3) (a), (c) and (d) apply to operation of a motorboat that is towing a water skier, and the distances that must be maintained between the motorboat and other objects. The problem is that, for example, if a personal watercraft operator is towing a skier, the restriction on operation within 200 feet of the shoreline of the lake does not apply. This does not appear to be the intent of the legislature. The only portion of s. 30.69 (3) (a), (c) and (d) that applies to operation of a personal watercraft that is towing a skier in relation to the shoreline is s. 30.69 (3) (d), which applies to pickup and drop areas that are marked with regulatory markers and that are open to operators of personal watercraft and to motorboats engaged in water skiing. To resolve this problem, the bill deletes the cross-reference in par. (b) and recreates the substance of the exception for pickup and drop areas in s. 30.66 (3) (c), below.

AB514, s. 303 Section 303. 30.66 (3) (c) of the statutes is created to read:

AB514,95,7 30.66 (3) (c) This subsection does not apply to pickup or drop areas that are marked with regulatory markers and that are open to operators of personal watercraft and to persons and motorboats engaged in water skiing or a similar activity.

Note: See the comment to s. 30.66 (3) (b), above.

AB514, s. 304 Section 304. 30.67 (1) of the statutes is renumbered 30.67 (1m) and amended to read:

AB514,95,17 30.67 (1m) Duty to render aid. Insofar as If the operator of a boat can do so without serious danger to the operator's boat or to persons on board, the operator of a boat involved in a boating accident shall stop the operator's boat and render to other persons affected thereby such to any person affected by the accident any assistance as that may be practicable and necessary to save them from or feasible to save the person or to minimize any danger caused by the accident. The operator shall give the operator's name and address and identification of the operator's boat to any person injured and to the owner of any property damaged in the accident.

Note: "Other persons" is replaced by "any person" to clearly provide that the duty to render aid applies to any person affected by the accident. The current statute commences with the provision that the operator must be able to render aid without danger to the operator's boat or to persons on board. It is possible to read the current statute that "other persons" does not apply to the operator or to persons on board the operator's boat.

"Practicable" is replaced by "feasible", to use a more understandable word and with no intention of making a change to this requirement. In effect, this is a standard of reasonableness for the effort that must be undertaken to render aid at the scene of an accident. "Necessary" is deleted as superfluous.

AB514, s. 305 Section 305. 30.67 (2) of the statutes is amended to read:

AB514,96,9 30.67 (2) Duty to report. (a) If a boating accident results in death or injury to any person, the disappearance of any person from a boat under circumstances indicating death or injury, or property damage, every operator of a boat involved in an accident shall, without delay and by the quickest means available, give notice of the accident to a conservation warden or local law enforcement officer and shall file a written report with the department on the form prescribed by it. The department shall promulgate rules necessary to keep accident reporting requirements in conformity with rules adopted by the U.S. coast guard.

AB514,96,12 (b) If the operator of a boat is physically incapable of making the report required by this subsection and there was another occupant in the boat at the time of the accident capable of making the report, the other occupant shall make such the report.

Note: The rationale for the repeal of the last sentence of this provision is the same as that stated in the note describing the repeal of s. 30.501 (8).

AB514, s. 306 Section 306. 30.67 (3) (intro.) of the statutes is renumbered 30.67 (1g) (intro.), and 30.67 (1g) (title), as renumbered, is amended to read:

AB514,96,15 30.67 (1g) (title) Terms defined Definitions.

AB514, s. 307 Section 307. 30.67 (3) (a) and (b) of the statutes are renumbered 30.67 (1g) (a) and (b).

AB514, s. 308 Section 308. 30.67 (3) (c) of the statutes is repealed.

Note: The definition of "total property damage" is eliminated because it is not used in s. 30.67, stats. This term was originally used in connection with a property damage threshold of $100 for reporting under current s. 30.67 (2), but that threshold is no longer part of the current statute.

AB514, s. 309 Section 309. 30.67 (4), (5) and (6) (b) of the statutes are amended to read:

AB514,97,8 30.67 (4) Reports confidential. No report required by this section to be filed with the department shall may be used as evidence in any trial, civil or criminal, arising out of an accident, except that the department shall furnish upon demand of any person who has or claims to have made such a report, or upon demand of any court, a certificate showing that a specified accident report has or has not been made to the department solely to prove a compliance or a failure to comply with the requirement that such a report be made.

AB514,97,14 (5) Transmittal of information to federal and state authorities. If any request for information available on the basis of reports filed pursuant to this section is duly made by an authorized official or agency of the U.S. federal government or of the state which that registered the boat involved or the state where the accident occurred, the department shall compile and furnish such the information in accordance with such the request.