Z-1263.1          _______________________________________________

                                 SENATE BILL 6248

                  _______________________________________________

State of Washington              52nd Legislature             1992 Regular Session

By Senator Owen

Read first time 01/22/92.  Referred to Committee on Environment & Natural Resources.

Prohibiting the operation of vessels loaded beyond their safe carrying capacity ratings.

     AN ACT Relating to boating safety; amending RCW 88.02.010; adding a new section to chapter 88.02 RCW; and prescribing penalties.

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

     Sec. 1.  RCW 88.02.010 and 1983 c 7 s 14 are each amended to read as follows:

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

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

     (2) "Owner" means a person who has a lawful right to possession of a vessel by purchase, exchange, gift, lease, inheritance, or legal action whether or not the vessel is subject to a security interest.

     (3) "Dealer" means a person, partnership, association, or corporation engaged in the business of selling vessels at wholesale or retail in this state.

     (4) "Department" means the department of licensing.

(5) "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.

NEW SECTION. Sec. 2.  A new section is added to chapter 88.02 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, taking into consideration weather and other normal operating conditions.  Where the capacity information of a vessel is specified by the manufacturer, these specifications shall be considered the maximum persons, weight, or horsepower for purposes of this section.

     (2) In the absence of the United States coast guard carrying capacity label or the carrying capacity information from the manufacturer, the capacity of the watercraft shall be determined by a method adopted in rule by the state parks and recreation commission.

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