S-0801.1/91       _______________________________________________


                                 SENATE BILL 5311



State of Washington              52nd Legislature             1991 Regular Session


By Senators McMullen, Nelson, Moore and Vognild.


Read first time January 28, 1991.  Referred to Committee on Transportation.Exempting bare-boat charter boats from the provisions of the charter boat safety act.

     AN ACT Relating to bare-boat charter boats; and amending RCW 88.04.015 and 88.04.075.




     Sec. 1.  RCW 88.04.015 and 1989 c 295 s 2 are each amended to read as follows:

     Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

     (1) "Department" means the department of labor and industries.

     (2) "Carrying passengers or cargo" means the transporting of any person or persons or cargo on a vessel for a fee or other consideration.

     (3) "Charter boat" means a vessel or barge operating on inland navigable waters of the state of Washington which is not inspected or licensed by the United States coast guard and over which the United States coast guard does not exercise jurisdiction and which is rented, leased, or chartered to carry more than six persons or cargo.

     (4) "Equipment" means a system, part, or component of a vessel as originally manufactured, or a system, part, or component manufactured or sold for replacement, repair, or improvement of a system, part, or component of a vessel; an accessory or equipment for, or appurtenance to a vessel; or a marine safety article, accessory, or equipment, including radio equipment, intended for use by a person on board a vessel.

     (5) "Inland navigable waters" means all waters within the territorial limits of the state of Washington, shoreward of the navigational demarcation lines dividing the high seas from harbors, rivers, lakes, and other inland waters of the state.

     (6) "Operate" means to start or operate any engine which propels a vessel, or to physically control the motion, direction, or speed of a vessel.

     (7) "Owner" means a person who claims lawful possession of a vessel by virtue of legal title or an equitable interest in a vessel which entitles that person to possession of the vessel; but does not include charterers and lessees.

     (8) "Passenger" means a person carried on board a charter boat except:

     (a) The owner of the vessel or the owner's agent; or

     (b) The captain and members of the vessel's crew.

     (9) "Operator's license" means a vessel operator's license issued by the United States coast guard or department for the specified tonnage and route of the vessel.

     (10) "Vessel" means every description of motorized watercraft, other than a bare-boat charter boat, seaplane, or sailboat, used or capable of being used to transport more than six passengers or cargo on water for rent, lease, or hire.

     (11) "Bare-boat charter" means the unconditional lease, rental, or charter of a boat by the owner, or his or her agent, to a person who by written agreement, or contract, assumes all responsibility and liability for the operation, navigation, and provisioning of the boat during the term of the agreement or contract.


     Sec. 2.  RCW 88.04.075 and 1989 c 295 s 11 are each amended to read as follows:

     The provisions of this chapter shall not apply to:

     (1) A vessel that is a charter boat but is being used by the documented or registered owner of the charter boat exclusively for the owner's own noncommercial or personal pleasure purposes;

     (2) A vessel owned by a person or corporate entity which is donated and used by a person or nonprofit organization to transport passengers for charitable or noncommercial purposes, regardless of whether consideration is directly or indirectly paid to the owner;

     (3) A vessel that is rented, leased, or hired by an operator to transport passengers for noncommercial or personal pleasure purposes; ((or))

     (4) A vessel used exclusively for, or incidental to, an educational purpose; or

     (5) A bare-boat charter boat.