AB514,87,63
30.62
(2) (d)
Maximum noise level for manufacture. No person may
4manufacture
and or offer for sale any motorboat for use on the waters of this state
5if the motorboat cannot be operated
in such a manner so as to comply with the noise
6level requirements under in compliance with par. (b).
AB514, s. 282
7Section
282. 30.62 (2) (d) 2. of the statutes is renumbered 30.62 (2) (dm) and
8amended to read:
AB514,87,129
30.62
(2) (dm)
Testing procedures. The department may promulgate rules
10establishing testing procedures to determine noise levels for the enforcement of this
11section.
The department may revise these rules as necessary to adjust to advances
12in technology.
AB514, s. 283
13Section
283. 30.62 (2) (d) 3. of the statutes is repealed.
AB514, s. 284
14Section
284. 30.62 (2) (f) of the statutes is repealed.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
15Section
285. 30.62 (2) (g) 1. to 3. of the statutes are amended to read:
AB514,87,1916
30.62
(2) (g) 1. A motorboat while competing in a
water exhibition or race
17conducted under a permit from a
town, village or city
local governmental unit that
18enacts an ordinance under s. 30.77 or from an authorized agency of the federal
19government.
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.
AB514,88,41
2. A motorboat designed and intended solely for racing, while the
boat 2motorboat is operated incidentally to the testing or tuning up of the motorboat and
3engine for the
water exhibition or race in an area designated by and operated under
4a permit specified under subd. 1.
AB514,88,75
3. A motorboat on an official trial for a speed record if conducted under a permit
6from a
town, village or city local governmental unit that enacts an ordinance under
7s. 30.77.
AB514, s. 286
8Section
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
9Section
287. 30.62 (2m) and (3) (a) of the statutes are amended to read:
AB514,88,1410
30.62
(2m) Overpowering. No person may sell, equip
, or operate, and no owner
11of a
boat motorboat may allow a person to operate, a
boat motorboat with any
motor
12or other propulsion machinery beyond its safe power capacity, taking into
13consideration the type and construction of
such watercraft and other existing
14operating 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
15(3) (a) Every boat, except a sailboard and except as provided in
par. pars. (b)
16and (c), shall carry at least one personal flotation device prescribed by
federal
1regulations 33 CFR part 175 for each person on board or being attended by the boat,
2so placed as to be readily accessible and available to the persons.
AB514, s. 288
3Section
288. 30.62 (3) (c) of the statutes is created to read:
AB514,89,64
30.62
(3) (c) 1. In this paragraph, "racing vessel" means a manually propelled
5racing shell, rowing scull, racing canoe, or racing kayak of the type that is recognized
6by a national or international racing association for use in competitive racing.
AB514,89,107
2. Paragraph (a) does not apply to a racing vessel if all of the vessel's occupants,
8other than a coxswain, row, scull, or paddle the vessel and if the vessel is not designed
9to carry and does not carry any equipment other than equipment used solely for
10competitive racing.
Note: This provision duplicates the exemptions in current federal rules, 33 CFR
s. 175.17.
AB514, s. 289
11Section
289. 30.62 (4) (a) of the statutes is amended to read:
AB514,89,1812
30.62
(4) (a) Every motorboat
, except outboards of open construction, shall be
13provided with
such number, size and type of fire extinguishers,
capable of promptly
14and effectively extinguishing burning gasoline, as prescribed by rules of the
15department.
Such The fire extinguishers shall be
at all times kept in condition for
16immediate and effective use and shall be
so placed as to be readily accessible.
"Open
17construction" means construction which will not permit the entrapment of explosive
18or flammable gases or vapors.
AB514, s. 290
19Section
290. 30.62 (4) (b) of the statutes is renumbered 30.62 (4) (b) (intro.)
20and amended to read:
AB514,89,2121
30.62
(4) (b) (intro.) This subsection does not apply to
a any of the following:
AB514,90,2
221. A motorboat while competing in a race conducted pursuant to a permit from
23a
town, village or city local governmental unit that enacts an ordinance under s.
130.77 or from an authorized agency of the
U.S. federal government
, nor does it apply
2to a .
AB514,90,5
32. A boat designed and intended solely for racing, while the boat is operated
4incidentally to the tuning up of the boat and engine for the race at the race location
5on the day of the race.
AB514, s. 291
6Section
291. 30.62 (4) (b) 3. of the statutes is created to read:
AB514,90,97
30.62
(4) (b) 3. A motorboat that is equipped with an outboard motor and that
8is constructed in a manner that does not permit explosive or flammable gases or
9vapors to become entrapped in the motorboat.
AB514, s. 292
10Section
292. 30.62 (5) of the statutes is amended to read:
AB514,90,1511
30.62
(5) Backfire flame arresters. Every
boat motorboat equipped with an
12inboard motor using gasoline as a fuel shall have the carburetors of
every each 13inboard gasoline motor fitted with an
efficient effective device for arresting backfire
14flames. The device shall
meet the specifications prescribed by comply with federal
15regulations.
AB514, s. 293
16Section
293. 30.62 (6) of the statutes is renumbered 30.62 (6) (a) and amended
17to read:
AB514,90,2118
30.62
(6) (a)
Every boat, except open boats, Except as provided in par. (b), every
19motorboat using
as fuel any liquid of a volatile
nature, liquid fuel shall be provided
20with an
efficient natural or mechanical effective ventilation system
which that is
21capable of removing
resulting inflammable flammable or explosive gases.
AB514, s. 294
22Section
294. 30.62 (6) (b) of the statutes is created to read:
AB514,90,2523
30.62
(6) (b) Paragraph (a) does not apply to a motorboat that is constructed
24in a manner that does not permit explosive or flammable gases or vapors to become
25entrapped in the motorboat.
AB514, s. 295
1Section
295. 30.62 (8) of the statutes is amended to read:
AB514,91,72
30.62
(8) Battery cover
. Every motorboat If a boat is equipped with
storage
3batteries a battery as part of the boat's electrical system, the battery shall be
4provided with suitable supports and secured against shifting with the motion of the
5boat.
Such storage batteries Both battery terminals shall be
equipped with a
6nonconductive shielding means covered to prevent accidental shorting of battery
7terminals.
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
8Section
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
9Section
297. 30.625 (1) (intro.) and (2) of the statutes are amended to read:
AB514,91,1110
30.625
(1) (intro.) No person who
is engaged in the rental or leasing of rents
11or leases personal watercraft to the public may do any of the following:
AB514,91,13
12(2) The department
may shall promulgate rules to establish minimum
13standards 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
14Section
298. 30.63 of the statutes is renumbered 30.62 (10) and amended to
15read:
AB514,92,4
130.62
(10) Sale and use of certain outboard motors restricted. (a)
Sale. No
2person may sell any new outboard motor for use
in
on the waters of this state unless
3such the motor is equipped with a crankcase effectively sealed to prevent the
4drainage of raw fuel into the waters in which the motor is operated.
AB514,92,85
(b)
Use. Beginning
on January 1, 1990, no person may operate an outboard
6motor
in on the waters of this state unless
such the motor is equipped with a
7crankcase effectively sealed to prevent the drainage of raw fuel into the waters in
8which
such the motor is operated.
AB514, s. 299
9Section
299. 30.635 of the statutes is renumbered 30.66 (4) and amended to
10read:
AB514,92,1711
30.66
(4) Motorboat prohibition Slow-no-wake; lakes 50 acres or less.
On 12No person may operate a motorboat in excess of slow-no-wake speed on lakes
of 50
13acres or less having public access,
motorboats may not be operated in excess of
14slow-no-wake speed, except when
such the lakes serve as thoroughfares between 2
15or more navigable lakes. The department by rule may modify or waive the
16requirements of this
section as to particular subsection for individual lakes, if it finds
17that public safety is not impaired by
such the modification or waiver.
AB514, s. 300
18Section
300. 30.64 of the statutes is renumbered 30.68 (14), and 30.68 (14) (a)
19and (b), as renumbered, are amended to read:
AB514,93,220
30.68
(14) (a) The operator of a
duly authorized patrol boat, when responding
21to an emergency call or when in pursuit of an actual or suspected violator of the law,
22need not comply with
state law or local this subchapter or ordinances
fixing
23maximum speed limits under s. 30.77 when a siren
is being sounded or emergency
24light is activated and if due regard is given to the safety of other persons in the
25vicinity. If
a an emergency light is used
in conjunction with a siren, it shall be
the
1oscillating or flashing type and be fitted with a blue lens
of a type and design specified
2under 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.
AB514,93,63
(b) Upon the approach of a
duly authorized patrol boat giving an audio or visual
4signal
, the operator of a boat shall reduce the boat speed to
that speed necessary to
5maintain steerage control slow-no-wake and yield the right-of-way to the patrol
6boat until it has passed.
AB514, s. 301
7Section
301. 30.65 (1) (intro.), (b) and (f) and (2) of the statutes are amended
8to read:
AB514,93,139
30.65
(1) Meeting; overtaking; right-of-way. (intro.) Every person operating
10a boat shall comply with the following traffic rules, except when deviation
therefrom 11from these rules is necessary to comply with federal
pilot inland navigational rules
,
12under 33 USC 2001 to 2073 and 33 CFR parts 84 to 90, while operating on the
13navigable waters of the United States:
AB514,93,1714
(b) When 2 motorboats are approaching each other obliquely or at right angles,
15the boat
which that has the other on
her the right shall yield the right-of-way to the
16other. "Right" means from dead ahead, clockwise to 2 points abaft the starboard
17beam.
AB514,93,1918
(f) A boat granted the right-of-way by this section shall maintain
her course
19and speed, unless to do so would probably result in a collision.
AB514,94,2
20(2) Additional traffic rules. The department may promulgate
such 21additional traffic rules
as it deems necessary in the interest of public safety. Such
1rules shall that conform as nearly as possible to the federal
pilot inland navigational 2rules
under 33 USC 2001 to 2073 and the regulations under 33 CFR parts 84 to 90.
AB514, s. 302
3Section
302. 30.66 (1), (2) (title) and (3) of the statutes are amended to read:
AB514,94,94
30.66
(1) Speed to be reasonable and prudent. No person
shall may operate
5a motorboat at a speed greater than is reasonable and prudent under the conditions
6and having regard for the actual and potential hazards then existing. The speed of
7a motorboat shall be
so controlled
as to avoid colliding with any
boat, object
lawfully
8in or on the water or with any, or person
, boat or other conveyance in or on the water
9in 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
10(2) (title)
Fixed Posted limits.
AB514,94,13
11(3) Prohibited operation
Slow-no-wake. (a)
Except under s. 30.69 (3), no No 12person may operate a motorboat within 100 feet of any dock, raft, pier
, or buoyed
13restricted 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.
AB514,95,214
(b) No person may operate a personal watercraft at a speed in excess of
15slow-no-wake within 100 feet of any other boat or within 200 feet of the shoreline
1of any lake.
This paragraph does not apply if s. 30.69 (3) (a), (c) or (d) applies to the
2operation 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
3Section
303. 30.66 (3) (c) of the statutes is created to read:
AB514,95,74
30.66
(3) (c) This subsection does not apply to pickup or drop areas that are
5marked with regulatory markers and that are open to operators of personal
6watercraft and to persons and motorboats engaged in water skiing or a similar
7activity.
Note: See the comment to s. 30.66 (3) (b), above.
AB514, s. 304
8Section
304. 30.67 (1) of the statutes is renumbered 30.67 (1m) and amended
9to read:
AB514,95,1710
30.67
(1m) Duty to render aid. Insofar as If the operator of a boat can do so
11without serious danger to the operator's boat or to persons on board, the operator of
12a boat involved in a boating accident shall stop the operator's boat and render
to other
13persons affected thereby such to any person affected by the accident any assistance
14as that may be
practicable and necessary to save them from or feasible to save the
15person or to minimize any danger caused by the accident. The operator shall give
16the operator's name and address and identification of the operator's boat to any
17person 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
1Section
305. 30.67 (2) of the statutes is amended to read:
AB514,96,92
30.67
(2) Duty to report. (a) If a boating accident results in death or injury
3to any person, the disappearance of any person from a boat under circumstances
4indicating death or injury, or property damage, every operator of a boat involved in
5an accident shall, without delay and by the quickest means available, give notice of
6the accident to a
conservation warden or local law enforcement officer and shall file
7a written report with the department on the form prescribed by it.
The department
8shall promulgate rules necessary to keep accident reporting requirements in
9conformity with rules adopted by the U.S. coast guard.
AB514,96,1210
(b) If the operator of a boat is physically incapable of making the report required
11by this subsection and there was another occupant in the boat at the time of the
12accident 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
13Section
306. 30.67 (3) (intro.) of the statutes is renumbered 30.67 (1g) (intro.),
14and 30.67 (1g) (title), as renumbered, is amended to read:
AB514,96,1515
30.67
(1g) (title)
Terms defined Definitions.
AB514, s. 307
16Section
307. 30.67 (3) (a) and (b) of the statutes are renumbered 30.67 (1g) (a)
17and (b).
AB514, s. 308
18Section
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
1Section
309. 30.67 (4), (5) and (6) (b) of the statutes are amended to read:
AB514,97,82
30.67
(4) Reports confidential. No report required by this section to be filed
3with the department
shall may be used as evidence in any trial, civil or criminal,
4arising out of an accident, except that the department shall furnish upon demand of
5any person who has or claims to have made
such a report, or upon demand of any
6court, a certificate showing that a specified accident report has or has not been made
7to the department solely to prove a compliance or a failure to comply with the
8requirement that
such a report be made.
AB514,97,14
9(5) Transmittal of information to federal and state authorities. If any
10request for information available on the basis of reports filed pursuant to this section
11is
duly made by an authorized official or agency of the
U.S. federal government or
12of the state
which that registered the boat involved or the state where the accident
13occurred, the department shall compile and furnish
such the information in
14accordance with
such the request.
AB514,98,10
15(6) (b) In cases of death involving a boat in which the person died within 6 hours
16of the time of the accident, a blood specimen of at least 10 cc. shall be withdrawn from
17the body of the decedent within 12 hours after his or her death, by the coroner or
18medical examiner
, or by a physician so designated by the coroner or medical
19examiner or by a qualified person at the direction of the physician. All morticians
20shall obtain a release from the coroner or medical examiner prior to proceeding with
21embalming any body
coming under the scope that is subject to the requirements of
22this section. The blood so drawn shall be forwarded to a laboratory approved by the
23state health officer for analysis of the
alcoholic
alcohol content of the blood specimen.
1The
laboratory shall notify the coroner or medical examiner causing the blood to be
2withdrawn
shall be notified of the results of each analysis made and
the coroner or
3medical examiner shall forward the results of each analysis to the state health
4officer. The state health officer shall keep a record of all examinations to be used for
5statistical purposes only. The cumulative results of the examinations, without
6identifying the individuals involved, shall be disseminated and made public by the
7state health officer. The department shall reimburse coroners and medical
8examiners for the costs incurred in submitting reports and taking blood specimens
9and laboratories for the costs incurred in analyzing blood specimens under this
10section.
AB514, s. 310
11Section
310. 30.675 (intro.) and (1) of the statutes are renumbered 30.675 (1g)
12and (1r) and amended to read:
AB514,98,1613
30.675
(1g) The display on a boat or by a person of
an orange flag approximately
1418 by 30 inches in size a visual distress signal of a type approved by the U.S. coast
15guard under 33 CFR 175.101 to 175.140 shall indicate that such boat or person is in
16need of help.