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AN ACT relating to boating safety. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 235.285 is amended to read as follows: 3
(1) A personal watercraft may be used to tow individuals engaged in waterskiing or 4
similar activities if it has adequate seating capacity and an observer on board to 5
monitor the progress of the person being towed, or if it is equipped with a rearview 6
mirror with a minimum field of vision of one hundred sixty (160) degrees mounted 7
so that the operator can observe the activities of the person being towed. 8
(2) A person shall not operate a personal watercraft on public waters unless every 9
individual operating or riding on the personal watercraft is wearing a personal 10
flotation device that is approved by the United States Coast Guard under 46 C.F.R. 11
sec. 160, as it may be amended or renumbered. 12
(3) A personal watercraft that does not have self-circling capability shall not be 13
operated on public waters unless: 14
(a) The personal watercraft is equipped with a lanyard-type engine cutoff switch; 15
and 16
(b) The lanyard is attached to the person, clothing, or personal flotation device of 17
the operator. 18
(4) A vessel operated on public waters shall be operated at all times according to the 19
provisions of this chapter and the administrative regulations promulgated hereunder. 20
A vessel shall be operated at all times in a reasonable and prudent manner so as not 21
to endanger human life, human physical safety, or property. A person shall not do 22
any of the following while operating a vessel on public waters: 23
(a) Weave through congested watercraft traffic in a way that endangers human 24
life, human physical safety, or property; 25
(b) Follow a watercraft that is towing an individual on water skis, a surfboard, or 26
a water sport device in a way that endangers human life, human physical 27 UNOFFICIAL COPY 22 RS BR 135
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safety, or property; 1
(c) Jump the wake of another watercraft in a way that endangers human life, 2
human physical safety, or property; 3
(d) Cut between a boat and the individual or individuals being towed by the boat; 4
(e) Cross paths with another watercraft when visibility around the other 5
watercraft is so obstructed as to endanger human life, human physical safety, 6
or property; or 7
(f) Steer a personal watercraft or motorboat toward an object or individual in the 8
water and turn sharply at close range in a way that endangers human life, 9
human physical safety, or property. 10
(5) A person shall not operate a personal watercraft on public waters at any time 11
between sunset and the following sunrise. 12
(6) A person shall not operate a vessel within fifty (50) feet of a commercial motor 13
vessel and its tow which is in operation on a waterway, except if the operator of the 14
commercial motor vessel has given his or her consent. 15
(7) (a) A person under twelve (12) years of age shall not operate a personal watercraft 16
or motorboat over ten (10) horsepower on the public waters of the 17
Commonwealth. 18
(b) [Effective January 1, 1999, ]A person born on or after January 1, 19
1975,[twelve (12) years of age through seventeen (17) years of age] shall not 20
operate a personal watercraft or motorboat over ten (10) horsepower on the 21
public waters of the Commonwealth unless the person is in possession of a: 22
1. [safe boating certificate or is accompanied, on board, by a person 23
eighteen (18) years of age or older or in possession of a safe boating 24
certificate. 25
(c) While operating a motorboat or a personal watercraft over ten (10) 26
horsepower on the public waters of the Commonwealth, nonresidents twelve 27 UNOFFICIAL COPY 22 RS BR 135
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(12) years of age through seventeen (17) years of age shall have in their 1
possession a ]Kentucky safe boating certification card;[certificate or a ] 2
2. Recognized and equivalent boat operator licensing or safe boating 3
certificate from another state or country, a United States government 4
agency, or other entity approved by the National Association of State 5
Boating Law Administrators; or 6
3. Safe boating certification temporary exemption from the department. 7
(c) A person operating a personal watercraft or motorboat with a safe boating 8
certification temporary exemption shall present to a law enforcement officer 9
upon request his or her exemption number or a printed copy of the 10
exemption issued by the department. 11
(d) Between the effective date of this Act and July 1, 2023, all law enforcement 12
agencies in this state shall be required to issue a courtesy warning rather 13
than a citation to persons who violate paragraph (b) or (c) of this 14
subsection. The courtesy warning shall not include a fine or any other 15
penalty, but shall inform the violator of the amount of the fine that would 16
have been assessed for a violation of paragraph (b) or (c) of this subsection 17
and the date the courtesy warnings will end. The courtesy warning shall 18
also include educational materials on the benefits of complying with 19
paragraphs (b) and (c) of this subsection. 20
(8) Subsections (1) to (6) of this section shall not apply to: 21
(a) A performer engaged in a professional exhibition; or 22
(b) A person participating in a regatta, a race, a marine parade, a tournament, or 23
an exhibit that is held in compliance with administrative regulations adopted 24
by the department. 25
(9) The parent, legal guardian, or other adult who has direct supervision over a minor 26
under the age of eighteen (18) shall not knowingly authorize or permit the minor to 27 UNOFFICIAL COPY 22 RS BR 135
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operate a motorboat or personal watercraft in violation of this section. 1
Section 2. KRS 235.990 is amended to read as follows: 2
(1) Except as provided in subsection (7)(d) of Section 1 of this Act, any person who 3
violates any of the provisions of this chapter or administrative regulations adopted 4
under this chapter shall be fined not less than fifty dollars ($50) nor more than two 5
hundred dollars ($200). After July 15, 2000, any person who violates KRS 235.230 6
shall be fined not less than fifteen dollars ($15) nor more than one hundred dollars 7
($100) and each day the violation continues may constitute a separate offense. 8
(2) Any person who violates KRS 235.240 shall not be subject to the penalties of KRS 9
Chapter 189A but shall be guilty of a separate offense and subject to a fine of two 10
hundred dollars ($200) to two hundred fifty dollars ($250) or imprisonment for 11
twenty-four (24) hours for the first offense, a fine of three hundred fifty dollars 12
($350) to five hundred dollars ($500) or imprisonment for forty-eight (48) hours for 13
the second offense, and a fine of six hundred dollars ($600) to one thousand dollars 14
($1,000) or imprisonment in the county jail for not less than thirty (30) days, or 15
both, for the third or subsequent offense. Refusal to submit to a breath alcohol 16
analysis or similar test in violation of KRS 235.240(3) shall be deemed an offense. 17
(3) (a) A person may, in addition or in lieu of the penalties specified in subsection (1) 18
or (5) of this section, be required to take a safe-boating course approved by the 19
department or offered by the United States Coast Guard, Coast Guard 20
Auxiliary, or U.S. Power Squadron and to present the court a certificate 21
documenting successful completion of the course. 22
(b) A person shall, in addition to the penalties of subsection (2) of this section, be 23
required to take a safe-boating course offered by the department and to present 24
the court a certificate documenting successful completion of the course. The 25
person attending a class under this paragraph shall pay the department a fee of 26
one hundred dollars ($100) for the costs of materials and instruction before 27 UNOFFICIAL COPY 22 RS BR 135
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receiving a certificate of completion. 1
(4) After July 15, 2000, any person who violates KRS 235.420 or 235.430 shall be 2
fined not less than fifteen dollars ($15) nor more than one hundred dollars ($100). A 3
person who violates KRS 235.420 or 235.430 shall be fined not less than one 4
hundred dollars ($100) nor more than three hundred dollars ($300) for the second 5
offense, and not less than three hundred dollars ($300) nor more than five hundred 6
dollars ($500) for the third or any subsequent offense. 7
(5) Any person failing to obey a citation issued in accordance with KRS 235.315 shall 8
be guilty of a separate offense and shall be fined not less than fifty dollars ($50) nor 9
more than two hundred dollars ($200). 10
(6) Any person who makes a false statement regarding a marine boat toilet on the 11
application for registration or renewal registration for a motorboat shall be fined one 12
hundred dollars ($100). This penalty shall be separate from any other penalty that 13
may be applicable for violation of this chapter. 14
(7) Any person who resists, obstructs, interferes with, threatens, attempts to intimidate, 15
or in any other manner interferes with any officer in the discharge of his duties, 16
other than a criminal homicide or an assault against an officer enforcing the 17
provisions of this chapter, KRS Chapter 150, or the administrative regulations 18
issued under either of these chapters, shall be guilty of a Class A misdemeanor. 19
(8) Any person who commits a criminal homicide or an assault against an officer 20
enforcing the provisions of this chapter, KRS Chapter 150, or the administrative 21
regulations issued under either of these chapters shall be subject to the penalties 22
specified for the offense under KRS Chapter 507 or 508, as appropriate. 23
(9) Any person who violates KRS 235.203 shall be fined fifty dollars ($50). 24