AN
ACT Relating to charter boat safety; and amending RCW 88.04.005, 88.04.015,
88.04.025, 88.04.035, 88.04.045, 88.04.065, 88.04.310, and 88.04.330.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
88.04.005 and 1989 c 295 s 1 are each amended to read as follows:
The
purposes of this chapter are as follows:
(1)
Regulate charter boats for the carrying of more than six passengers, which are
operated on ((inland navigable)) state waters ((of the state))
and which are not regulated by the United States coast guard;
(2)
Protect the safety and health of employees, passengers, and persons utilizing
charter boats;
(3)
Authorize the department of labor and industries to adopt rules regulating the
use of charter boats operating on ((inland navigable)) state
waters ((of the state)) and to issue licenses; and
(4)
Provide penalties for violations of this chapter.
Sec.
2. RCW
88.04.015 and 1991 c 45 s 1 are each amended to read as follows:
Unless
the context clearly requires otherwise, the definitions in this section apply
throughout this chapter.
(1)
"Department" means the department of labor and industries.
(2)
"Carrying passengers or cargo" means the transporting of any person
or persons or cargo on a vessel for a fee or other consideration.
(3)
"Charter boat" means a vessel or barge operating on ((inland
navigable)) state waters ((of the state of Washington which))
that is not inspected or licensed by the United States coast guard and
over which the United States coast guard does not exercise jurisdiction and
which is rented, leased, or chartered to carry more than six persons or cargo.
(4)
"Equipment" means a system, part, or component of a vessel as
originally manufactured, or a system, part, or component manufactured or sold
for replacement, repair, or improvement of a system, part, or component of a
vessel; an accessory or equipment for, or appurtenance to a vessel; or a marine
safety article, accessory, or equipment, including radio equipment, intended
for use by a person on board a vessel.
(5)
"((Inland navigable)) State waters" means all waters
within the territorial limits of the state of Washington, ((shoreward of the
navigational demarcation lines dividing the high seas from harbors, rivers,
lakes, and other inland waters of the state)) and not subject to the
jurisdiction of the United States coast guard.
(6)
"Operate" means to start or operate any engine which propels a
vessel, or to physically control the motion, direction, or speed of a vessel.
(7)
"Owner" means a person who claims lawful possession of a vessel by
virtue of legal title or an equitable interest in a vessel which entitles that
person to possession of the vessel; but does not include charterers and
lessees.
(8)
"Passenger" means a person carried on board a charter boat except:
(a)
The owner of the vessel or the owner's agent; or
(b)
The captain and members of the vessel's crew.
(9)
"Operator's license" means a vessel operator's license issued by the
United States coast guard or department for the specified tonnage and ((route))
operational waters of the vessel.
(10)
"Vessel" means every description of motorized watercraft, other than
a bare-boat charter boat, seaplane, or sailboat, used or capable of being used
to transport more than six passengers or cargo on water for rent, lease, or
hire.
(11)
"Bare-boat charter" means the unconditional lease, rental, or charter
of a boat by the owner, or his or her agent, to a person who by written agreement,
or contract, assumes all responsibility and liability for the operation,
navigation, and provisioning of the boat during the term of the agreement or
contract, except when a captain or crew is required or provided by the owner or
owner's agents to be hired by the charterer to operate the vessel.
Sec.
3. RCW
88.04.025 and 1989 c 295 s 3 are each amended to read as follows:
A
person shall not rent, lease, or hire out a charter boat, nor carry, advertise
for the carrying of, nor arrange for the carrying of, more than six passengers
on a vessel for a fee or other consideration on ((the inland navigable))
state waters ((of the state)) unless each of the following
conditions is satisfied:
(1)(a)
The department has inspected the vessel within the previous twelve months and
has issued for the vessel a certificate of inspection that is still valid and
current and which allows the carrying of more than six passengers; or
(b)
The United States coast guard has inspected the vessel and has issued a
certificate of inspection that is still valid and current and which allows the
carrying of more than six passengers.
(2)
The operator of the vessel is licensed as an operator by either the United
States coast guard or the department. The operator must carry such license at
all times while operating the vessel and must display such license upon demand
by the department.
(3)
The vessel has a valid and current registration certificate which is available for
inspection by the department.
(4)
The vessel is covered by current and valid liability insurance. Proof of such
coverage must be provided to the department upon demand.
Sec.
4. RCW
88.04.035 and 1989 c 295 s 4 are each amended to read as follows:
The
department shall inspect or provide for the inspection of every charter boat
once every twelve months with the vessel in the water((, and once every
twenty-four months with the vessel in drydock,)) to determine if the vessel
and its equipment comply with the rules promulgated by the department and with
the applicable state and federal laws and regulations. Beginning no later
than January 1, 2002, the department shall also inspect or provide for the
inspection of every charter boat that carries more than six passengers once
every sixty months with the vessel in drydock. In addition, the department
may at any time inspect or provide for the inspection of any charter boat if
the department has reasonable cause to believe either that a provision of this
chapter has been violated or that an inspection is necessary to ensure the
safety of persons or property on the vessel.
(1)
Ninety days before any certificate of inspection expires, the department shall
mail written notification to the owner of the vessel that a twelve-month or ((twenty-four-month))
sixty-month inspection must be completed before the expiration date.
The department shall include with the notification an application for
inspection, which must be completed and returned by the owner no later than
sixty days before the expiration date of the current certificate of
inspection. The owner shall include the registration fee with the completed
application form. A person filing an application shall certify by the person's
signature that the information furnished on the application is true and
correct.
(2)
If, after the inspection, the department determines that the charter boat and
its equipment comply with the rules promulgated by the department and with the
applicable state and federal laws and regulations, the department shall issue
to the owner of the charter boat a certificate of inspection. Such certificate
shall specify the maximum passenger, crew, and total person capacity of the
charter boat. The certificate shall be valid for one year from the date of
issuance. The certificate shall be prominently displayed on the charter boat
while the charter boat is operating upon ((the inland navigable)) state
waters ((of the state)).
(3)
The department shall determine the minimum number of crew necessary for the
safe operation of the charter boat.
(4)
If the department determines that the charter boat or its equipment does not
comply with the rules promulgated by the department and with the applicable
state and federal laws and regulations, the department shall not issue a
certificate of inspection and any current certificate of inspection shall be
revoked by the department.
Sec.
5. RCW
88.04.045 and 1989 c 295 s 5 are each amended to read as follows:
(1)
The owner of a vessel which does not have a current certificate of inspection
or which has not previously been inspected by the department and which must be
inspected by the department shall file an application for inspection,
accompanied by the required fee, no later than sixty days before the scheduled
or requested inspection date. A person filing an application shall certify by
the person's signature that the information furnished on the application is
true and correct.
(2)
((If a charter boat has not been inspected during the twenty-four-month
period prior to July 23, 1989, the owner shall pay to the department the
inspection fee for inspection in the water and the inspection fee for
inspection in drydock.
(3))) When
the department inspects or provides for the inspection of any charter boat
because the department has reasonable cause to believe either that a provision
of this chapter has been violated or that an inspection is necessary to ensure
the safety of persons or property, the owner shall not be required to pay an
inspection fee for that inspection.
(((4)))
(3) When a twelve-month in-water inspection and a ((twenty‑four‑month))
sixty-month drydock inspection are required in the same year, the owner
shall only be required to pay the fee for the drydock inspection.
(((5)))
(4) All sums received from licenses, inspection fees, or other sources
described in this chapter shall be deposited in the industrial insurance trust
funds and shall be used for administrative, education, and enforcement costs
associated with this chapter.
Sec.
6. RCW 88.04.065
and 1989 c 295 s 10 are each amended to read as follows:
(1)
The department may enter into reciprocal agreements with other states
concerning the operation and inspection of charter boats from those states that
operate on the ((inland navigable)) waters of the state of Washington.
Reciprocity shall be granted only if a state can establish to the satisfaction
of the department that their laws and standards concerning charter boats meet
or exceed the laws and rules of the state of Washington. A charter boat that
operates on ((the inland navigable)) state waters ((of this
state)) under a reciprocal agreement pursuant to this section shall obtain
an annual operating permit from the department for a fee for each year the
charter boat does business on the waters of the state of Washington. The
department shall deposit the fees from annual operating permits issued pursuant
to this section in the industrial insurance trust funds.
(2)
The department shall develop an education and enforcement program designed to
eliminate the operation of charter boats that have not been inspected and
certified as required by this chapter, and shall ((prepare printed materials
to)) provide the public with information regarding the safety features and
requirements necessary for the lawful operation of charter boats.
Sec.
7. RCW
88.04.310 and 1989 c 295 s 6 are each amended to read as follows:
The
owner or operator of every vessel inspected by the department shall pay the
department a fee for each inspection. The fee shall be established by rule and
shall cover the full cost of the inspection program including travel, per diem,
and administrative and legal support costs for the program((, and
repayment to the state general fund by June 30, 1991, of the amount
appropriated in section 15 of this act for the program)).
Sec.
8. RCW
88.04.330 and 1989 c 295 s 8 are each amended to read as follows:
(((1)))
The department shall adopt by rule, under chapter 34.05 RCW:
(((a)))
(1) Procedures, standards, and fees for the licensing of operators of
any vessel used as a charter boat, as defined under RCW 88.04.015, operating on
((inland navigable)) state waters for rent, lease, or hire;
(((b)))
(2) Standards and fees for the inspection of vessels;
(((c)))
(3) Minimum safety and health standards for passengers and crew on board
charter boats((. These rules shall approximate, where appropriate,)) consistent
with the rules adopted by the United States coast guard in 46 C.F.R.,
subchapter T, small passenger vessels under one hundred gross tons; and
(((d)))
(4) Any other rules needed for the efficient administration of the
purposes of this chapter.
(((2)
Rules adopted by the department shall use United States coast guard standards
and precedents and be consistent with United States coast guard practices
whenever possible.))
