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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
SENATE BILL 42 By: Gollihare
AS INTRODUCED
An Act relating to the Oklahoma Boating Safety
Regulation Act; amending 63 O.S. 2021, Section s 4201
and 4212, which relate to definitio ns and operation
of towing vessel; defining certain term; requiring
certain flag under certain circumstance; updating
statutory language; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2021, Section 4201, is
amended to read as follows:
Section 4201. In addition to the terms defined by the Oklahoma
Vessel and Motor Registration Act, for the purposes of the Oklahoma
Boating Safety Regulation Act:
1. “Buoy” means an anchored marker for marking a position on
the water, or a hazard, shoal or mooring, or any other prohibitive
activity area;
2. “Capacity plate” means a sign posted in view of the
operator’s station on a vessel which designates the maximum w eight
capacity and horsepower restrictions of a vessel for safe operation;
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3. “Diver’s flag” means a red flag not less than twenty (20)
inches by twenty-four (24) inches with a four -inch white stripe
running from one upper corner to a diagonal lower corne r, and such
flag is used to indicate a submerged diver;
4. “Emergency vessel” means any law enforcement vessel which is
legally authorized to operate in the emergency mode;
5. “Law enforcement vessel ” means any vessel legally authorized
to operate under the color of law;
6. “Lienholder” means a person holding a security interest in a
vessel, as shown on the vessel title;
7. “Manipulate” means to guide, steer or otherwise control;
8. “Marine sewage” means any substance, treated or untreated,
that contains any of the waste products of humans or animals or
foodstuffs;
9. “Marine toilet” means any latrine, head, lavatory or toilet
intended to receive marine sewage and which is located on or in any
vessel;
10. “Operator” means the person who operates, has actual
physical control, or has charge of the navigation or use of a
vessel;
11. “Parasail” means any device which, when airborne, is used
or capable of being used for lifting or suspending a person who is
being or will be towed by a vessel;
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12. “Passenger” means any person riding in or upon any vessel
or being towed for recreation on water skis, an inner tube,
kneeboard, parasail or any similar device;
13. “Personal flotation device ” means only a United States
Coast Guard approved flotation device;
14. “Personal watercraft” means a vessel which uses an inboard
motor powering a water jet pump as its primary source of motive
power and which is designed to be operated by a person sitting,
standing or kneeling on the vessel, rather than the conventional
manner of sitting or standing inside the vessel, or a vessel which
is similar in appearance and operation to a personal watercraft but
which is powered by an outboard or propeller driven motor, or a
vessel less than sixteen (16) feet in length which travels a cross
the water above or on a cushion of air provided by engines,
propellers or other means of propulsion;
15. “Sanctioned event” means any organized event on the waters
of this state, including but not limited to regattas, motorboat or
other boat races, marine parades, tournaments and exhibitions, which
is approved and permitted by an authorizing agency;
16. “Under way” means the movement of a vessel whether by
mechanical or nonmechanical means which is other than incidental to
the force of wind, waves o r current; and
17. “Wake” means the track of waves left by a vessel or other
object moving through the water, and such waves are greater than the
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natural waves in the immediate area of the vessel, or are cresting
and showing white water, or may cause inju ry or damage to any person
or property; and
18. “Wide-angle convex rearview mirror” means a mirror, no less
than four (4) inches in size from bottom to top and across from side
to side, mounted firmly to the vessel to give the operator a full
and complete view beyond the rear of the vessel at all times .
SECTION 2. AMENDATORY 63 O.S. 2021, Section 4212, is
amended to read as follows:
Section 4212. A. 1. No person shall operate or give
permission to operate a vessel on any waters of this state for
towing a person or persons using parasails or on water skis, a
surfboard, or similar device unless there is in such vessel:
a. a person who is at least eight (8) years old, and who,
in addition to the operator, is in a position to
observe the progress of the person or persons being
towed,
b. if the vessel is not a personal watercraft, an
efficient wide angle wide-angle convex rear view
rearview mirror installed on such vessel in such
manner as to permit the person operating said such
vessel to face the direction of travel and be in a
position to observe the progress of the person or
persons being towed, or
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c. if the vessel is a personal watercraft, two efficient
wide angle wide-angle convex rear view rearview
mirrors installed on such vess el in such manner as to
permit the person operating such watercraft to face
the direction of travel and be in a position to
observe the progress of the person or person persons
being towed.
2. Water skiing shall be allowed with any watercraft which is
designed to accommodate two or more persons.
B. No person shall operate or give permission to operate a
vessel on any waters of this state for towing a person or persons
using parasails or on water skis, a surfboard, a sailboard , or
similar device nor shall any person engage in parasailing, water
skiing, surfboarding, sailboarding , or similar activity at any time
between the hours from sunset to sunrise or at such time visibility
due to other existing conditions is obscured so as to endanger life
or property.
C. The provisions of subsections A and B of this section do not
apply to a performer engaged in a professional exhibition or a
person or persons engaged in an activity authorized under Section
4205 of this title.
D. No person shall operate or give permi ssion to operate or
manipulate any vessel, tow rope , or other device by which the
direction or location of parasails, water skis, a surfboard, or
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similar device may be affected or controlled in such a way as to
cause the parasails, water skis, surfboard, o r similar device, or
any person thereon to collide with or strike against any object or
person.
E. 1. No person shall operate or give permission to operate a
personal watercraft or similar device capable of being remote
controlled by the skier unless suc h device is factory equipped with
an engine kill switch capable of shutting o ff the engine in the
event the skier becomes detached from the personal watercraft
device. A person operating a personal watercraft equipped by the
manufacturer with a lanyard ty pe engine cutoff switch shall attach
such lanyard to his or her person, clothing, or personal flotation
device as appropriate for the specific vessel.
2. No person shall operate a personal watercraft at any time
between the hours from sunset to sunrise un less equipped with
prescribed lights.
F. 1. Whenever any person leaves the confines of any vessel,
other than a personal watercraft, and enters the waters in this
state between the hours from sunrise to sunset, the operator of the
vessel shall clearly di splay a red or orange flag on the vessel that
measures not less than twelve (12) inches by twelve (12) inches and
is visible for three hundred sixty degrees (360 °) around the
horizon. The flag shall not be displayed when the watercraft is
engaged in towing any person but shall be displayed when such person
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has ceased being towed a nd has reentered the water. The provisions
of this subsection shall not apply to a watercraft that is moored or
anchored.
2. No operator shall knowingly operate any vessel in ex cess of
a slow or no-wake speed within fifty (50) yards of a vessel
displaying a flag as required by this subsection.
SECTION 3. This act shall become effective November 1, 2025.
60-1-203 CN 12/18/2024 10:04:49 AM