ENROLLED
Page 1 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
ACT No. 264
Regular Session, 2011
HOUSE BILL NO. 291
BY REPRESENTATIVE LAMBERT AND SENATOR AMEDEE
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
AN ACT1
To amend and reenact R.S. 14:93.10(2)(introductory paragraph) and 108.1(D)(4) and R.S.2
34:851.4 and to repeal R.S. 34:851.5, relative to boating safety; to provide for the3
possession of alcoholic beverages on waterways; to provide for definitions; to define4
and provide penalties for the careless operation of a watercraft; to provide for5
aggravated flight from an officer; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 14:93.10(2)(introductory paragraph) and 108.1(D)(4) are hereby8
amended and reenacted to read as follows: 9
§93.10. Definitions10
For purposes of R.S. 14:93.10 through 93.14, the following definitions shall11
apply:12
* * *13
(2) "Public possession" means the possession of any alcoholic beverage for14
any reason, including consumption, on any street or, highway, or waterway or in any15
public place or any place open to the public, including a club which is de facto open16
to the public. "Public possession" does not include the following:17
* * *18
§108.1. Flight from an officer; aggravated flight from an officer19
* * *20 ENROLLEDHB NO. 291
Page 2 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
D. Circumstances wherein human life is endangered shall be any situation1
where the operator of the fleeing vehicle or watercraft commits at least two of the2
following acts:3
* * *4
(4) Travels against the flow of traffic or in the case of watercraft, operates5
the watercraft in a careless manner in violation of R.S. 34:851.4 or in a reckless6
manner in violation of R.S. 34:851.5 14:99.7
* * *8
Section 2. R.S. 34:851.4 is hereby amended and reenacted to read as follows: 9
§851.4. Careless operation of a watercraft10
Any person who shall operate any watercraft in a careless or heedless manner11
so as to be grossly indifferent to the person or property of other persons or at a rate12
of speed greater than will permit him in the exercise of reasonable care to bring the13
watercraft to a stop within the assured clear distance ahead shall be guilty of the14
crime of careless operation, punishable by a fine of not more than three hundred15
dollars, or by imprisonment of not more than thirty days, or by both. 16
A. Careless operation of a watercraft is the operation of a watercraft in a17
careless manner so as to endanger the life, limb, or property of any person, when18
such operation constitutes a violation of any of the following requirements:19
(1) Vessels passing head-on shall each keep to their respective right.20
(2) A vessel overtaking another vessel may do so on either side, but must21
grant the right-of-way to the vessel being overtaken.22
(3) When vessels are on paths that cross, the vessel on the left will yield23
right-of-way to vessel on the right.24
(4) Motorboats shall yield right-of-way to non-motor powered boats, except25
when being overtaken by non-powered vessels, for deep draft vessels that have to26
remain in narrow channels, or when vessel is towing another vessel.27
(5) Motorboats must maintain a direct course when passing sailboats.28
(6) A vessel approaching a landing dock or pier shall yield the right-of-way29
to any departing vessel.30 ENROLLEDHB NO. 291
Page 3 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(7) A vessel departing shoreline or tributary shall yield right-of-way to1
through traffic and vessels approaching shoreline or tributary.2
(8) Vessels will not abruptly change course without first determining that it3
can be safely done without risk of collision with another vessel.4
(9) If an operator fails to fully comprehend the course of an approaching5
vessel he must slow down immediately to a speed barely sufficient for steerageway6
until the other vessel has passed.7
(10) Vessels yielding right-of-way shall reduce speed, stop, reverse, or alter8
course to avoid collision. Vessel with right-of-way shall hold course and speed. If9
there is danger of collision, all vessels will slow down, stop, or reverse until danger10
is averted.11
(11) Vessels will issue warning signals in fog or weather conditions that12
restrict visibility.13
(12) No mechanically propelled vessel shall be operated so as to traverse a14
course around any other vessel underway or any person swimming.15
(13) In a narrow channel, vessels will keep to the right of mid-channel.16
(14) Vessels approaching or passing another vessel shall be operated in such17
manner and at such a rate of speed as will not create a hazardous wash or wake.18
(15) A seaplane on the water shall in general keep clear of all vessels and19
avoid impeding the navigation of all vessels.20
(16) All vessels shall be operated at reasonable speeds for given conditions21
and situations and must be under the complete control of the operator at all times.22
(17) No person shall, under any circumstances, operate a vessel in excess of23
an established speed or wake zone.24
(18) No vessel or person shall obstruct or block a navigation channel,25
entrance to channel, mooring slip, landing dock, launching ramp, pier, or tributary.26
(19) Vessels shall keep at least 100 feet clearance of displayed diver's flag.27
(20) Operator shall maintain a proper lookout.28 ENROLLEDHB NO. 291
Page 4 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
B. Whoever commits the crime of careless operation of a watercraft shall be1
fined not more than three hundred dollars or imprisoned for not more than thirty2
days, or both.3
C. The provisions of this Section shall not apply to vessels engaged in4
commercial activity.5
Section 3. R.S. 34:851.5 is hereby repealed in its entirety.6
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: