S-1829

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

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

NEW SECTION. Sec. 1. A new section is added to chapter 88.12 RCW to read as follows:

(1) A person shall not operate a personal watercraft unless each person aboard the personal watercraft or being towed behind the personal watercraft is wearing a United States coast guard approved type I, II, III, or V personal flotation device. An inflatable personal flotation device does not satisfy the requirements of this section. 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 personal watercraft. It is unlawful for any person to remove 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 between sunset and 8:00 a.m.

(4) Beginning April 1, 2000:

(a) No person under the age of sixteen may operate a personal watercraft.

(b) Subject to the minimum age requirement contained in (a) of this subsection, no person born after January 1, 1984, may operate a personal watercraft powered by a motor of ten horsepower or greater unless such a person has successfully completed a boating education course approved by the commission. The commission shall approve boating education courses offered by the United States coast guard auxiliary and the United States power squadron. In lieu of completing a boating course, an individual may demonstrate, in a manner approved by the commission, sufficient knowledge of the information from the boating education course. The commission shall issue written confirmation of the successful demonstration of equivalent knowledge.

(c) If a nonresident of the state is operating a personal watercraft on the waters of the state, the person is subject to the requirements of this section. The person is in compliance with the requirements of this subsection if the person possesses written confirmation of successful completion of a safe boating course approved by the national association of state boating law administrators and issued by the person's home state, or any other state or country.

(d) Any operator of a personal watercraft required by this subsection to possess proof of completion of a boating course or equivalency demonstration must have the documentation in his or her possession at all times while operating a personal watercraft.

(e) A violation of this subsection is an infraction under chapter 7.84 RCW.

(5) A person shall not operate a personal watercraft in a negligent manner. Maneuvers that constitute negligent operation of a vessel include, but are not limited to:

(a) Weaving through congested vessel traffic;

(b) Jumping the wake of another vessel unreasonably close to another vessel or when visibility around the vessel is obstructed or restricted;

(c) Becoming airborne or completely leaving the water while crossing the wake of another vessel within one hundred feet of the vessel creating the wake;

(d) Operating at greater than a slow/no-wake speed within one hundred feet of the shoreline, a dock, pier, marked launch area, marked swim area, swim float, swimmers, surfers, persons engaged in angling, any manually powered vessel, or any anchored, moored, or drifting vessel;

(e) Operating contrary to navigation rules including following too closely to another vessel, including another personal watercraft. For the purposes of this subsection, "following too closely" means proceeding in the same direction and operating at a speed in excess of ten miles per hour within one hundred feet to the rear or fifty feet to the side of another vessel which is underway, unless the vessels are operating in a narrow channel, in which case personal watercraft may operate at the speed and flow of the other traffic in the channel;

(f) A violation of this subsection (5) is an infraction under chapter 7.84 RCW.

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

(a) While towing a person on water skis, a kneeboard, an inflatable craft or any other device unless the personal watercraft is rated by the manufacturer to carry at least three persons, and an operator and observer are aboard the personal watercraft;

(b) To chase or harass wildlife or waterfowl;

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

(7) Except for the minimum age requirement established in subsection (4) of this section, subsections (1) through (6) of this section do not apply to a performer engaged in a professional exhibition or a person participating in a regatta, race, marine parade, or exhibition authorized or otherwise permitted by the appropriate agency having jurisdiction and authority to authorize such events.

(8) A person shall not operate a personal watercraft in a reckless manner. For the purposes of this section, "reckless operation of a personal watercraft" means the willful and wanton performance of any of the actions described in subsection (5) of this section.

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

(10) A violation of subsection (2), (3), (6), (8), or (9) of this section is a misdemeanor under RCW 9.92.030. This subsection does not limit the application of any other section that makes the unauthorized use or operation of a personal watercraft a misdemeanor.

(11) The commission shall adopt rules implementing subsection (4) of this section. The commission shall establish a fee for a boating education course and for an equivalency demonstration not to exceed the commission's costs associated with the boating education course and equivalency demonstration. All such fees collected by the commission shall be deposited into the state parks renewal and stewardship account created under RCW 43.51.275, and appropriated only to the commission solely for use in the commission's boating safety program.

NEW SECTION. Sec. 2. RCW 88.12.145 (Operation of personal watercraft--Prohibited activities--Penalties) and 1993 c 244 s 17 are each repealed.