SENATE BILL REPORT

ESSB 6488

BYSenate Committee on Law & Justice (originally sponsored by Senators Rinehart, Nelson, Talmadge, Murray, Moore, Niemi and Warnke)

Regulating personal watercraft.

Senate Committee on Law & Justice

Senate Hearing Date(s):January 22, 1990; January 26, 1990

Majority Report:  That Substitute Senate Bill No. 6488 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Nelson, Chairman; McCaslin, Vice Chairman; Hayner, Madsen, Newhouse, Niemi, Patrick, Rasmussen, Rinehart, Talmadge, Thorsness.

Senate Staff:Richard Rodger (786-7461)

                  February 8, 1990

AS PASSED SENATE, FEBRUARY 7, 1990

BACKGROUND:

Currently, there no laws specifically regulating the use of personal watercraft in Washington waters.  Personal watercraft include Jet Skis, Wet Bikes, Wetjets, Waverunners, and other highly maneuverable, small vessels on which the operator stands, sits, kneels, or is towed behind.  As these vessels are small and hardly visible, it is necessary that they remain a safe distance away from boats and operated only in daylight hours.

Manufacturers have equipped certain types of personal watercraft with a safety disconnect tether switch, which stops the vessel when the operator falls off.  It has been reported that operators have not been utilizing such devices.  In addition, it is important that life jackets be worn at all times as operators easily fall off and are vulnerable to exhaustion.

It is unlawful to operate a vessel in a negligent manner; however, the present law excludes commercial vessels.  Operating a vessel in a negligent manner includes the operation while under the influence of intoxicating liquors or drugs.  There is a belief that the exclusion of commercial vessels from this statute is not in the interest of public safety.

At the present time there are no age limitations for the operation of a vessel or personal watercraft.  Vessels which are towing water skiers must have an observer who is at least 10 years old.

SUMMARY:

If a vessel is powered by a motor of ten horsepower or over, the operator age is 12.  The operator of a personal watercraft shall be at least age 14.  The age limitation for water ski observers is eliminated.

Persons operating a personal watercraft are required to wear a Coast Guard approved personal flotation device.  If the craft is equipped with a lanyard type engine cutoff switch, the lanyard must be attached to the operator.

Personal watercraft shall not be operated in a manner which unreasonably or unnecessarily endangers life, limb, or property.  The craft may not be rented to persons under the age of 16.  No person may water ski or operate a personal watercraft during the period from sunset until sunrise.

Remote-operated personal watercraft must have a flag attached which is visible from every direction.  Personal watercraft shall not operate within 50 yards from the shore, within 50 yards of a designated swimming area, nor exceed 7 knots on bodies of water with a width of less than 200 yards.  The craft shall not be operated within 100 yards from the shoreline.

It is unlawful to remove, disable, bypass, or use a cutout device on any muffler or muffling device.  It is unlawful to operate a commercial vessel in a negligent manner.

Appropriation:    none

Revenue:    none

Fiscal Note:      requested

Senate Committee - Testified: Steve Gallemore, King County Police (pro); Don Schmitz, King County Police (pro); Nina Carter, Washington State Parks (pro); Pat Lemagie, Washington Boating Safety Officers Association (pro)