§ 46-22-9.8 - Certificate of boating safety education.
SECTION 46-22-9.8
§ 46-22-9.8 Certificate of boating safetyeducation. – (a) No person born on or after January 1, 1986 shall operate a vessel that isfitted with propulsion machinery of more than ten (10) horsepower on the watersof this state unless the person shall have successfully completed a boatingsafety education program as approved by the director of the department ofenvironmental management.
(b) The content of acceptable boating safety educationprograms shall meet the minimum standards and guidelines and be approved by theNational Association of State Boating Law Administrators (NASBLA). Acceptableprograms shall include those NASBLA approved courses offered by the state, theUnited States Coast Guard Auxiliary, the United States Power Squadrons or anyother course approved by the director.
(c) Instructors shall meet the minimum requirements asestablished by NASBLA and shall be certified by the state.
(d) Upon completion of a boating safety course, a writtentest shall be administered under the direct supervision of a certifiedinstructor. The test shall include at least twenty-five (25) questions, scoredon a one hundred percent (100%) scale, and have a passing grade of seventypercent (70%) or better. Test results shall be maintained by the department ofenvironmental management, division of enforcement.
(e) The department shall issue a durable certificate ofcompletion that meets the NASBLA guidelines. The certificate of completionshall be presented upon request of any authorized law enforcement officer toshow proof of compliance.
(f) A challenge exam, meeting the standards of subsection (d)proctored and administered by a certified instructor, shall be made availableto those individuals that wish to review the requirements of this section. Theexam may be administered to a candidate two (2) times. Failure of theexamination on the second attempt will require the candidate to retake and/orcomplete the same and/or a different boating safety education program asprovided for in this section.
(g) Any person having in his or her possession a certificateof completion of any boating safety course approved by NASBLA shall beconsidered to be in compliance with this chapter and can request that acertificate be issued by the department.
(2) The following persons shall be exempt from theeducational provisions of this chapter provided that they can provide proof ofexemption:
(i) A person who operates a vessel under training, directlysupervised by a person on board the vessel who is eighteen (18) years of age orolder and meets the requirements of subsection (a);
(ii) A person who holds a valid commercial vessel operator'slicense issued by the United States Cost Guard, a state, or a province;
(iii) Non-residents temporarily using the waters of thisstate who meet the requirements of their state of legal residence.
(3) New residents of this state will be given sixty (60) daysto meet the requirements of this chapter.
(4) Boat liveries that rent out boats or vessels fitted withpropulsion machinery greater than ten (10) horse power shall require allrenters who do not comply with this section to watch a short instructionalvideo approved by the director on boating safety for the type of craft rented,and pass a written examination.
(h) Any person operating a personal watercraft as defined in§ 46-22-2(6) on the waters of this state shall have successfully completeda boating safety education program as approved by the director of thedepartment of environmental management.
(i) Any person who violates any provision of this sectionshall be sanctioned as follows:
(1) For a first offense completion of an approved boatingsafety course;
(2) For a second offense a fine not to exceed one hundreddollars ($100).