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.
AB500, s. 271
16Section
271. 30.62 (9) of the statutes is repealed.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.
AB500, s. 272
17Section
272. 30.625 (1) (intro.) and (2) of the statutes are amended to read:
AB500,73,1918
30.625
(1) (intro.) No person who
is engaged in the rental or leasing of rents
19or leases personal watercraft to the public may do any of the following:
AB500,74,2
1(2) The department
may shall promulgate rules to establish minimum
2standards 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.
AB500, s. 273
3Section
273. 30.63 of the statutes is renumbered 30.62 (10) and amended to
4read:
AB500,74,85
30.62
(10) Sale and use of certain outboard motors restricted. (a)
Sale. No
6person may sell any new outboard motor for use
in
on the waters of this state unless
7such the motor is equipped with a crankcase effectively sealed to prevent the
8drainage of raw fuel into the waters in which the motor is operated.
AB500,74,129
(b)
Use. Beginning January 1, 1990, no No person may operate an outboard
10motor
in on the waters of this state unless
such the motor is equipped with a
11crankcase effectively sealed to prevent the drainage of raw fuel into the waters in
12which
such the motor is operated.
AB500, s. 274
13Section
274. 30.635 of the statutes is renumbered 30.66 (4) and amended to
14read:
AB500,74,2115
30.66
(4) Motorboat prohibition Slow-no-wake; lakes 50 acres or less.
On 16No person may operate a motorboat in excess of slow-no-wake speed on lakes
of 50
17acres or less having public access,
motorboats may not be operated in excess of
18slow-no-wake speed, except when
such the lakes serve as thoroughfares between 2
19or more navigable lakes. The department by rule may modify or waive the
20requirements of this
section as to particular subsection for individual lakes, if it finds
21that public safety is not impaired by
such the modification or waiver.
AB500, s. 275
1Section
275. 30.64 of the statutes is renumbered 30.68 (14), and 30.68 (14) (a)
2and (b), as renumbered, are amended to read:
AB500,75,103
30.68
(14) (a) The operator of a
duly authorized patrol boat, when responding
4to an emergency call or when in pursuit of an actual or suspected violator of the law,
5need not comply with
state law or local this subchapter or ordinances
fixing
6maximum speed limits under s. 30.77 when a siren
is being sounded or emergency
7light is activated and if due regard is given to the safety of other persons in the
8vicinity. If
a an emergency light is used
in conjunction with a siren, it shall be
the
9oscillating or flashing type and be fitted with a blue lens of a type and design specified
10under 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.
AB500,75,1411
(b) Upon the approach of a
duly authorized patrol boat giving an audio or visual
12signal
, the operator of a boat shall reduce the boat speed to
that speed necessary to
13maintain steerage control slow-no-wake and yield the right-of-way to the patrol
14boat until it has passed.
AB500, s. 276
15Section
276. 30.65 (1) (intro.), (b) and (f) and (2) of the statutes are amended
16to read:
AB500,75,2117
30.65
(1) Meeting; overtaking; right-of-way. (intro.) Every person operating
18a boat shall comply with the following traffic rules, except when deviation
therefrom 19from these rules is necessary to comply with federal
pilot inland navigational rules
,
20under 33 USC 2001 to 2073 and 33 CFR parts 84 to 90, while operating on the
21navigable waters of the United States:
AB500,76,4
1(b) When 2 motorboats are approaching each other obliquely or at right angles,
2the boat
which that has the other on
her the right shall yield the right-of-way to the
3other. "Right" means from dead ahead, clockwise to 2 points abaft the starboard
4beam.
AB500,76,65
(f) A boat granted the right-of-way by this section shall maintain
her course
6and speed, unless to do so would probably result in a collision.
AB500,76,10
7(2) Additional traffic rules. The department may promulgate
such 8additional traffic rules
as it deems necessary in the interest of public safety. Such
9rules shall that conform as nearly as possible to the federal
pilot inland navigational 10rules
under 33 USC 2001 to 2073 and the regulations under 33 CFR parts 84 to 90.
AB500, s. 277
11Section
277. 30.66 (1), (2) (title) and (3) of the statutes are amended to read:
AB500,76,1712
30.66
(1) Speed to be reasonable and prudent. No person
shall may operate
13a motorboat at a speed greater than is reasonable and prudent under the conditions
14and having regard for the actual and potential hazards then existing. The speed of
15a motorboat shall be
so controlled
as to avoid colliding with any
boat, object
lawfully
16in or on the water or with any, or person
, boat or other conveyance in or on the water
17in 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.
AB500,76,18
18(2) (title)
Fixed Posted limits.
AB500,77,3
1(3) Prohibited operation Slow-no-wake. (a)
Except under s. 30.69 (3), no No 2person may operate a motorboat within 100 feet of any dock, raft, pier
, or buoyed
3restricted 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.
AB500,77,74
(b) No person may operate a personal watercraft at a speed in excess of
5slow-no-wake within 100 feet of any other boat or within 200 feet of the shoreline
6of any lake.
This paragraph does not apply if s. 30.69 (3) (a), (c) or (d) applies to the
7operation 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.
AB500, s. 278
8Section
278. 30.66 (3) (c) of the statutes is created to read:
AB500,77,129
30.66
(3) (c) This subsection does not apply to pickup or drop areas that are
10marked with regulatory markers and that are open to operators of personal
11watercraft and to persons and motorboats engaged in water skiing or a similar
12activity.
Note: See the comment to s. 30.66 (3) (b), above.
AB500, s. 279
1Section
279. 30.67 (1) of the statutes is renumbered 30.67 (1m) and amended
2to read:
AB500,78,103
30.67
(1m) Duty to render aid. Insofar as If the operator of a boat can do so
4without serious danger to the operator's boat or to persons on board, the operator of
5a boat involved in a boating accident shall stop the operator's boat and render
to other
6persons affected thereby such to any person affected by the accident any assistance
7as that may be
practicable and necessary to save them from or feasible to save the
8person or to minimize any danger caused by the accident. The operator shall give
9the operator's name and address and identification of the operator's boat to any
10person 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.
AB500, s. 280
11Section
280. 30.67 (1g) (title) of the statutes is created to read:
AB500,78,1212
30.67
(1g) (title)
Definitions.
AB500, s. 281
13Section
281. 30.67 (2) of the statutes is amended to read:
AB500,79,214
30.67
(2) Duty to report. (a) If a boating accident results in death or injury
15to any person, the disappearance of any person from a boat under circumstances
16indicating death or injury, or property damage, every operator of a boat involved in
17an accident shall, without delay and by the quickest means available, give notice of
18the accident to a
conservation warden or local law enforcement officer and shall file
19a written report with the department on the form prescribed by it.
The department
1shall promulgate rules necessary to keep accident reporting requirements in
2conformity with rules adopted by the U.S. coast guard.
AB500,79,53
(b) If the operator of a boat is physically incapable of making the report required
4by this subsection and there was another occupant in the boat at the time of the
5accident 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).
AB500, s. 282
6Section
282. 30.67 (3) (title) of the statutes is repealed.
AB500, s. 283
7Section
283. 30.67 (3) (a) and (b) of the statutes are renumbered 30.67 (1g) (a)
8and (b).
AB500, s. 284
9Section
284. 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.
AB500, s. 285
10Section
285. 30.67 (4), (5) and (6) (b) of the statutes are amended to read:
AB500,79,1711
30.67
(4) Reports confidential. No report required by this section to be filed
12with the department
shall may be used as evidence in any trial, civil or criminal,
13arising out of an accident, except that the department shall furnish upon demand of
14any person who has or claims to have made
such a report, or upon demand of any
15court, a certificate showing that a specified accident report has or has not been made
16to the department solely to prove a compliance or a failure to comply with the
17requirement that
such a report be made.
AB500,80,2
18(5) Transmittal of information to federal and state authorities. If any
19request for information available on the basis of reports filed pursuant to this section
20is
duly made by an authorized official or agency of the
U.S. federal government or
21of the state
which that registered the boat involved or the state where the accident
1occurred, the department shall compile and furnish
such the information in
2accordance with
such the request.
AB500,80,21
3(6) (b) In cases of death involving a boat in which the person died within 6 hours
4of the time of the accident, a blood specimen of at least 10 cc. shall be withdrawn from
5the body of the decedent within 12 hours after his or her death, by the coroner or
6medical examiner
, or by a physician so designated by the coroner or medical
7examiner or by a qualified person at the direction of the physician. All morticians
8shall obtain a release from the coroner or medical examiner prior to proceeding with
9embalming any body
coming under the scope that is subject to the requirements of
10this section. The blood so drawn shall be forwarded to a laboratory approved by the
11state health officer for analysis of the
alcoholic
alcohol content of the blood specimen.
12The
laboratory shall notify the coroner or medical examiner causing the blood to be
13withdrawn
shall be notified of the results of each analysis made and
the coroner or
14medical examiner shall forward the results of each analysis to the state health
15officer. The state health officer shall keep a record of all examinations to be used for
16statistical purposes only. The cumulative results of the examinations, without
17identifying the individuals involved, shall be disseminated and made public by the
18state health officer. The department shall reimburse coroners and medical
19examiners for the costs incurred in submitting reports and taking blood specimens
20and laboratories for the costs incurred in analyzing blood specimens under this
21section.
AB500, s. 286
22Section
286. 30.675 (intro.) and (1) of the statutes are renumbered 30.675 (1g)
23and (1r) and amended to read:
AB500,81,224
30.675
(1g) The display on a boat or by a person of
an orange flag approximately
2518 by 30 inches in size a visual distress signal of a type approved by the U.S. coast
1guard under 33 CFR 175.101 to 175.140 shall indicate that such boat or person is in
2need of help.
AB500,81,6
3(1r) Insofar as If it is possible without serious danger to the operator's boat or
4persons on board, the operator of a boat observing a distress signal shall render to
5the boat or person displaying the signal such assistance as
may be practicable and
6necessary is feasible to save the boat or person or to minimize any danger to them.
AB500, s. 287
7Section
287. 30.675 (2) of the statutes is amended to read:
AB500,81,108
30.675
(2) No person
shall may display a
flag like that distress signal described
9in under sub.
(1)
(1g) unless such person is in need of assistance to prevent bodily
10injury or destruction of property.
AB500, s. 288
11Section
288. 30.68 (title) and (2) of the statutes are amended to read:
AB500,81,12
1230.68 (title)
Prohibited
Boat operation.
AB500,81,17
13(2) Negligent operation. No person may operate or use any boat
, or
14manipulate any water skis, aquaplane engage in water skiing or
a similar
device
15upon activity on the waters of this state in a careless, negligent
, or reckless manner
16so as to endanger
that person's life, property or person or the life
, or property
or of
17any person
of another.
Note: "Manipulate" is replaced by "engage in" with no intention of making any
change. "Water skiing or a similar activity" is defined in s. 30.50 by this bill. The last
phrase of this provision is simplified to refer to "the life or property of any person". The
reference to the "life" of a person refers to risks of both injury and death. The reference
to "any person" simplifies the language while continuing to refer to the person operating
or using a boat, water skis, or other device, any person on board the boat, as well as any
other person.
AB500, s. 289
18Section
289. 30.68 (3) (a) of the statutes is renumbered 30.68 (3) and amended
19to read:
AB500,82,220
30.68
(3) Operation by incapacitated person or minor. No person in charge or
21control of a boat
shall may authorize or knowingly permit the boat to be operated by
1any person who by reason of physical or mental
disability incapacity is incapable of
2operating
such the boat under the prevailing circumstances.
Note: This subsection is split into 2 subsections (see sub. (3m), below). Subsection
(3) applies only to persons lacking the capability of operating a boat. This provision
currently refers to physical or mental disability, but the title uses the word
"incapacitated". The title suggests that this provision is meant to be broader than a
narrow concept of physical or mental disability. This bill substitutes "incapacity" for
"disability". Incapacity is broader than "physical or mental disability", as it could include
any condition that has a bearing on the ability to operate a boat, such as physical strength
or fatigue. The last phrase, "under the prevailing circumstances", makes it clear that the
capacity to operate a boat under some conditions (e.g., in a sheltered bay) may not indicate
a capacity to operate the boat under other conditions (e.g., on a wind-swept lake).
AB500, s. 290
3Section
290. 30.68 (3) (b) to (d) of the statutes are renumbered 30.68 (3m) (a)
4to (c), and 30.68 (3m) (a) and (c), as renumbered, are amended to read:
AB500,82,125
30.68
(3m) (a) No person under the age of 10 years may operate a motorboat.
6Persons at least 10 and less than 12 years of age may operate a motorboat only if they
7are either accompanied in the boat by a parent or guardian or a person at least 18
8years of age designated by a parent or guardian. Persons at least 12 and less than
916 years of age may operate a
motor of any horsepower
motorboat, but only if they
10are either accompanied by a parent or guardian or a person at least 18 years of age
11designated by a parent or guardian, or in possession of a certificate issued under s.
1230.74 (1). This paragraph does not apply to personal watercraft.
Note: The reference to a motor of any horsepower is deleted because none of the
other provisions related to age of a motorboat operator related to horse power.
AB500,82,1513
(c) A violation of par.
(a) or (b)
or (c) done with the knowledge of a parent or
14guardian
shall may also be deemed a violation by the parent or guardian
, and
15punishable under s. 30.80.
Note: "Shall" is replaced by "may" to provide discretion in citing a parent or
guardian under the particular circumstances. "Also" is added so that the violation of
requirements related to operation, leasing, or rental of a motorboat or personal
watercraft by a minor applies both to the minor and to the parent or guardian who knew
of the violation. The current statute could be interpreted to mean that only the parent
or guardian who knew of the violation is deemed to be in violation of the statute. The
reference to the punishment under s. 30.80 is eliminated as unnecessary.
AB500, s. 291
1Section
291. 30.68 (3m) (title) of the statutes is created to read:
AB500,83,22
30.68
(3m) (title)
Operation of motorboats by minors.
AB500, s. 292
3Section
292. 30.68 (4) (a) of the statutes is renumbered 30.68 (4) and amended
4to read:
AB500,83,75
30.68
(4) Creating hazardous wake or wash. No person
shall may operate a
6motorboat
so as to approach or pass near another boat in
such a manner
as to create 7that creates a hazardous wake or wash.
Note: The phrase regarding approaching or passing another boat is eliminated to
make this provision broader. There does not appear to be a reason to limit it to these
conditions of boat operation. Eliminating this phrase applies this regulation to all
methods of motorboat operation, including operation in a circular course.
AB500, s. 293
8Section
293. 30.68 (4) (b) of the statutes is repealed.
Note: Current s. 30.68 (4) (b) creates a standard of strict liability for damage
caused by the wake or wash from a motorboat. A defense is provided if the negligence of
the other person was the primary cause of the damage. This statute relates to private
remedies and not to DNR enforcement. The special committee determined that such
damage should be subject to a standard of ordinary negligence, and thus recommends
repeal of this provision.
AB500, s. 294
9Section
294. 30.68 (4m) (title) and (5) of the statutes are amended to read:
AB500,83,1010
30.68
(4m) (title)
Facing
Personal watercraft; facing backwards.
AB500,83,14
11(5) Operating in circular circuitous course. No person may operate a
12motorboat repeatedly in a circuitous course around any other boat, or around any
13person who is swimming, if
such the circuitous course is within 200 feet of
such the 14boat or swimmer
; nor shall any.
AB500,83,18
15(5g) Operation near skin diver or swimmer. No person may operate a boat
or
16water skier operate or approach and no person may engage in water skiing or a
17similar activity closer than 100 feet to any skin diver's flag or any swimmer unless
18the one of the following applies:
AB500,83,19
19(a) The person is operating a boat
that is part of
the a skin diving operation
or.
AB500,84,2
1(b) The person is operating a boat that is accompanying
the a swimmer
, or
2unless physical conditions make compliance impossible.
AB500, s. 295
3Section
295. 30.68 (5g) (c) of the statutes is created to read:
AB500,84,64
30.68
(5g) (c) There is insufficient room for the person to operate the boat 100
5or more feet from the skin diver's flag or the swimmer and the boat is not being
6operated in excess of slow-no-wake speed.
Note: The current statute prohibits operation of a boat or use of water skis or
similar devices within 100 feet of a skin diver's flag or a swimmer. An exception is
provided for boats that are part of a skin diving operation or that are accompanying a
swimmer. A further exception applies if "physical conditions" make compliance
impossible. Presumably, this latter exception applies to narrow areas on a body of water
(e.g., channels or rivers) or when swimming or skin diving occurs near a boat landing.
The language of the current statute is clarified to better describe the latter exception with
a reference to the available room to navigate. Further, in the latter exception, a
requirement to operate at slow-no-wake speed is imposed for boats operating within 100
feet of a skin diver's flag or a swimmer pursuant to this exception. It should be noted that
s. 30.70 prohibits diving in established traffic lanes.
AB500, s. 296
7Section
296. 30.68 (5m) of the statutes is renumbered 30.66 (5) and amended
8to read:
AB500,84,119
30.66
(5) Towing Slow-no-wake; towing by a personal watercraft. A person
10may use a personal watercraft to tow a stranded or disabled boat if
, during towing
, 11the speed of the personal watercraft does not exceed slow-no-wake.
AB500, s. 297
12Section
297. 30.68 (6) of the statutes is amended to read:
AB500,85,213
30.68
(6) Riding on decks and gunwales. No person operating a motorboat may
14ride or sit, or may allow any other person in the motorboat to ride or sit, on the
15gunwales,
on tops of seat backs or sides
, or on the decking over the bow of the boat
16in an unsafe manner while under way, unless
such
the person is inboard of guards
17or railings provided on the boat to prevent persons from being lost overboard.
18Nothing in this
section subsection shall be construed to prohibit entry upon the
1decking over the bow of the boat for the purpose of anchoring, mooring
, or casting off
2or other necessary purpose.
AB500, s. 298
3Section
298. 30.68 (7) (title) of the statutes is amended to read: