Maine 2023-2024 Regular Session

Maine House Bill LD1807 Latest Draft

Bill / Chaptered Version

                            Page 1 - 131LR2514(03)
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-THREE
_____
H.P. 1152 - L.D. 1807
An Act to Implement the Recommendations of the Department of Inland 
Fisheries and Wildlife's Report on Boater Safety Education 
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  12 MRSA §13001, sub-§6-B, as enacted by PL 2021, c. 656, §2, is amended 
to read:
6-B.  Boater safety and education course certificate. 
course certificate" means a certificate or other evidence of completion of a boater safety 
and education course or an equivalency exam specified or approved by the commissioner 
pursuant to section 13052, subsection 2.
Sec. 2.  12 MRSA §13001, sub-§24-A is enacted to read:
24-A.  Recreational boating. 
primarily for the operator's pleasure or leasing, renting or chartering a motorboat to another 
person for the other person's pleasure. "Recreational boating" does not include using a 
motorboat engaged in the carriage of passengers for hire.
Sec. 3.  12 MRSA §13052, sub-§2, as amended by PL 2021, c. 656, §3, is further 
amended to read:
2.  Promote safety; education courses. 
persons and property in connection with the use and operation of watercraft. The 
commissioner, in accordance with section 13051, shall implement the boater safety and 
education course or equivalency exam requirements of this chapter.
Sec. 4.  12 MRSA §13068-A, sub-§3-A, as enacted by PL 2021, c. 656, §4, is 
amended by amending the first blocked paragraph to read:
This subsection does not apply to the operation of personal watercraft or motorboats other 
than for recreational boating purposes.
Sec. 5.  12 MRSA §13068-A, sub-§17, ¶A, as enacted by PL 2021, c. 656, §5, is 
amended to read:
A.  Except as provided in paragraph C, beginning January 1, 2024, a person born on or 
after January 1, 1999 may not operate on inland waters of this State or territorial waters, 
APPROVED
JUNE 16, 2023
BY GOVERNOR
CHAPTER
206
PUBLIC LAW Page 2 - 131LR2514(03)
as defined in section 6001, subsection 48-B, a motorboat for recreational boating 
purposes propelled by machinery capable of producing more than 25 horsepower 
unless that person is 12 years of age or older and:
(1)  Has completed a boater safety and education course; and
(2)  Possesses and presents for inspection upon request to a law enforcement officer 
a boater safety and education course certificate.
Sec. 6.  12 MRSA §13068-A, sub-§17, ¶C, as enacted by PL 2021, c. 656, §5, is 
amended to read:
C.  A person is not required to meet the boater safety and education course requirement 
of this subsection if the person:
(1) Possesses a valid Maine guide license and has met the requirements for 
carrying passengers for hire under section 13063; or
(2) Possesses a valid maritime license of any type that the commissioner 
determines, pursuant to section 13052, subsection 2, meets the boater safety 
education purposes of this subsection. or expired United States merchant marine 
document issued by the United States Coast Guard for an operator of uninspected 
passenger vessel, or master or mate captain's license;
(3) Is test driving a motorboat that is registered in accordance with section 
13060-A and that is offered for sale by a dealer that has been issued a watercraft 
dealer's certificate of number and the person is under the direct supervision of a 
person 16 years of age or older who has completed a boater safety and education 
course;
(4)  Possesses a rental or lease agreement that lists the person as an authorized 
operator of the motorboat and the person has completed a temporary boater safety 
course provided by the rental agent who has been issued a certificate of number as 
described in section 13064. A renter or lessor meeting the requirements of this 
subparagraph may operate the rented or leased motorboat for up to 14 days from 
the date of course completion or for the duration of the rental agreement, whichever 
is earlier; or
(5)  Is not a citizen of the United States, arrived to the United States by sea and is 
temporarily operating on territorial waters as defined in section 6001, subsection 
48-B for 60 days or less.
Sec. 7.  12 MRSA §13071-A, sub-§6, as enacted by PL 2021, c. 656, §7, is amended 
to read:
6.  Operating personal watercraft while 16 years of age or older; boater safety and 
education course requirement. 
January 1, 1999 may not operate a personal watercraft on inland waters of the State or 
territorial waters, as defined in section 6001, subsection 48-B, unless that person is 16 years 
of age or older and has completed a boater safety and education course.
A.  The following penalties apply to violations of this subsection.
(1)  A person who violates this subsection commits a civil violation for which a 
fine of not less than $100 and not more than $500 may be adjudged. Page 3 - 131LR2514(03)
(2)  A person who violates this subsection after having been adjudicated as having 
committed 3 or more civil violations under this Part within the previous 5-year 
period commits a Class E crime.