H-4741.1          _______________________________________________

                            SUBSTITUTE HOUSE BILL 2544

                  _______________________________________________

State of Washington              52nd Legislature             1992 Regular Session

By House Committee on Natural Resources & Parks (originally sponsored by Representatives Belcher and Beck)

Read first time 02/07/92.  Prohibiting the operation of vessels loaded beyond their safe carrying capacity ratings.

     AN ACT Relating to boating safety; amending RCW 88.12.010 and 88.12.060; adding a new section to chapter 88.12 RCW; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

     Sec. 1.  RCW 88.12.010 and 1933 c 72 s 1 are each amended to read as follows:

(1) "Darkness" is herein defined to be that period between one-half hour after sunset and one-half hour before sunrise.

(2) "Waters", as used herein, are defined as any lake, pond or other body of water.

(3) "Motor driven boats and vessels" are defined herein as all boats and vessels which are self propelled.

(4) "Capacity label" means the label required by the United States coast guard to be installed by the manufacturer that lists the maximum number of persons, maximum weight, and maximum horsepower as appropriate for that vessel.

(5) "Vessel" means every watercraft used or capable of being used as a means of transportation on the water, other than a seaplane.

NEW SECTION. Sec. 2.  A new section is added to chapter 88.12 RCW to read as follows:

     (1) A person shall not operate, or permit to be operated, a vessel that is loaded or powered beyond its maximum person, weight, or horsepower capacity as stated on the required United States coast guard capacity label.

     (2) In the absence of the United States coast guard carrying capacity label, the capacity of the vessel shall be determined by a method adopted in rule by the state parks and recreation commission.  A person shall not operate, or permit to be operated, a vessel that is loaded or powered beyond the capacity determined by the method adopted in rule by the state parks and recreation commission.

     (3) A violation of this section is a class 2 civil infraction.

     Sec. 3.  RCW 88.12.060 and 1933 c 72 s 6 are each amended to read as follows:

     Any violation of the provisions of this chapter shall be a misdemeanor, except as provided in section 2(3) of this act.