BP BHEAD INT H

AN ACT Relating to personal watercraft safety; amending RCW 88.12.145; adding a new section to chapter 88.12 RCW; creating a new section; and prescribing penalties.

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

Sec. 1. RCW 88.12.145 and 1993 c 244 s 17 are each amended to read as follows:

(1) A person shall not operate a personal watercraft unless each person aboard the personal watercraft is wearing a United States coast guard-approved type I, II, III, or V personal flotation device ((~~approved by the commission~~)). Except as provided for in RCW 88.12.015, a violation of this subsection is a civil infraction punishable under RCW 7.84.100.

(2) A person operating a personal watercraft equipped by the manufacturer with a lanyard‑type engine cutoff switch shall attach the lanyard to his or her person, clothing, or personal flotation device as appropriate for the specific vessel. It is unlawful for any person to remove, alter, or disable a cutoff switch or spring-loaded throttle mechanism that was installed by the manufacturer.

(3) A person shall not operate a personal watercraft ((~~during darkness~~)) between sunset and 8:00 a.m.

(4) A person under the age of fourteen shall not operate a personal watercraft on the waters of this state.

(5) A person shall not operate a personal watercraft in a reckless manner((, including recklessly weaving through congested vessel traffic, recklessly jumping the wake of another vessel unreasonably or unnecessarily close to the vessel or when visibility around the vessel is obstructed, or recklessly swerving at the last possible moment to avoid collision)) endangering the life or property of another person. Prima facie evidence of reckless operation exists if the person commits two or more of the following acts simultaneously:

(a) Operates the personal watercraft within a zone of proximity to another watercraft closer than sixty feet unless both watercraft are leaving a flat wake;

(b) Operates the personal watercraft within the vicinity of a motorboat in a manner that obstructs the visibility of either operator;

(c) Heads into the wake of a motor boat that is within a zone of proximity closer than sixty feet and causes one-half or more of the length of the personal watercraft to leave the water;

(d) Within a zone of proximity to another watercraft closer than sixty feet, maneuvers quickly, turns sharply, or swerves, unless the maneuver is necessary to avoid a collision.

(6) A person shall not lease, hire, or rent a personal watercraft to a person under the age of sixteen.

(7) A person shall not operate a personal watercraft:

(a) Within one hundred feet of a shoreline, dock, swimmer, or swimming diving raft or a moored, anchored, or nonmotorized watercraft at greater than slow-no wake speed;

(b) While towing a person on water skis, a kneeboard, an inflatable craft, or any other device unless an operator and an observer are on board;

(d) Through emergent or floating vegetation at other than a slow-no wake speed;

(e) On waters of the state of less than seventy-five acres;

(f) In any other manner that is not reasonable and prudent.

(8) After January 1, 1997, a person age fourteen or over and under age eighteen shall not operate a personal watercraft without a certificate establishing that he or she has successfully completed a personal watercraft safety program approved by the commission pursuant to section 2 of this act.

(9) Subsections (1) through ((~~(6)~~)) (8) of this section shall not apply to a performer engaged in a professional exhibition or a person participating in a regatta, race, marine parade, tournament, or exhibition authorized or otherwise permitted by the appropriate agency having jurisdiction and authority to authorize such events.

((~~(8)~~)) (10) Violations of subsections (2) through ((~~(6)~~)) (8) of this section constitute a misdemeanor under RCW 9.92.030.

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

The commission shall undertake to approve one or more personal watercraft safety education programs prior to January 1, 1997. An approved personal watercraft safety program must provide education and testing to ensure that an applicant has detailed knowledge of RCW 88.12.145 including penalties for violating personal watercraft restrictions. Upon successful completion of an approved program, an applicant who is age fourteen or over and under age eighteen shall receive a certificate authorizing the person to operate a personal watercraft as provided in RCW 88.12.145(8).

NEW SECTION. Sec. 3. The state parks and recreation commission shall evaluate the program or programs' impact on the safe and responsible use of personal watercraft on our state's waterways. The commission shall present such an evaluation to the proper legislative committees on or before January 1, 1998.