**NASBLA MODEL ACT FOR**

**CHARTER BOAT SAFETY**

*This model act originally was approved by the membership of the
National Association of State Boating Law Administrators in September
1992. Applicable to vessels carrying passengers for hire, this act is
intended to provide for the regulation, inspection, and licensing of
charter boats; protect the safety and welfare of persons using them;
authorize the administering department to prescribe standards and
promulgate rules; provide for the seizure and condemnation of certain
vessels; and impose duties on certain insurance carriers.*

*See also, **Model Administrative Rules \-- Charter Boats**, developed
to accompany this model act.*

Section 1. \[*Short Title*.\] This act may be cited as the Charter Boat
Safety Act.

Section 2. \[*Definitions*.\] As used in this act:

\(1\) \"Bare boat charter\" or "Livery boat" means the unconditional
lease or rental of a vessel by the vessel owner or the owner's agent to
a person who, by written agreement or contract, assumes all
responsibility and liability for operating and provisioning of the
vessel during the term of agreement or contract.

\(2\) \"Carrying passengers for hire\" or \"carry passengers for hire\"
means the transporting of any person on a vessel for consideration
regardless of whether the consideration is directly or indirectly paid
to the vessel owner, the owner\'s agent, the vessel operator, or any
other person who holds any interest in the vessel.

\(3\) \"Charter boat\" means a vessel which is rented or leased or
offered for rent or lease to carry passengers for hire if the vessel
owner or the owner\'s agent retains possession, command, and control of
the vessel.

\(4\) \"Class A vessel\" means a vessel, except a sailboat, that carries
for hire on navigable waters not more than six (6) passengers.

\(5\) \"Class B vessel\" means a vessel, except a sailboat, that carries
for hire on inland waters not more than six (6) passengers.

\(6\) \"Class C vessel\" means a vessel, except a sailboat, that carries
for hire on inland waters more than six (6) passengers.

\(7\) \"Class D vessel\" means a vessel which is propelled primarily by
a sail or sails and which carries for hire on navigable waters not more
than six (6) passengers or carries passengers for hire on inland waters.

\(8\) \"Class E vessel\" means a bare boat charter of any type vessel
twenty (20) feet in length or more or designed for overnight
accommodations on any waters of this state carrying any number of
passengers.

\(9\) \"Department\" means the [\[]{.underline}insert name of agency
authorized by the legislative body to administer this
act[\]]{.underline}.

\(10\) \"Equipment\" means a system, part, or component of a vessel as
originally manufactured, or a system, part, or component manufactured or
sold for replacement, repair, or improvement of a system, part, or
component of a vessel; an accessory or equipment for, or appurtenance
to, a vessel; or a marine safety article, accessory, or equipment
intended for use by a person on board a vessel. The term does not
include radio equipment.

\(11\) \"Inland waters\" means all waters of this state, except
navigable waters.

\(12\) \"Law enforcement officer\" means \[insert categories of local or
state level law enforcement officers, as applicable\].

\(13\) "Navigable waters\" means those waters of the state over which
the state and the United States Coast Guard exercise concurrent
jurisdiction.

\(14\) "Operate\" means to navigate or otherwise control the movement of
a vessel, including control of the vessel's propulsion system.

\(15\) "Operator" means the person who navigates or is otherwise in
control or in charge of the movement of the vessel, including control of
the vessel's propulsion system.

\(16\) \"Owner\" means a person, other than a lienholder, having the
property in or title to a vessel.

\(17\) \"Passenger\" means a person carried on board a charter boat
except either of the following:

\(i\) The vessel owner or the owner\'s agent.

\(ii\) The pilot and members of the crew of the vessel who have not
contributed consideration for their transportation either before,
during, or after the voyage.

\(18\) \"Person\" means any natural person or individual.

\(19\) \"Personal watercraft\" means a vessel, less than 16 feet,
propelled by a water-jet pump or other machinery as its primary source
of motor propulsion, which is designed to be operated by a person
sitting, standing or kneeling on, rather than being operated by a person
sitting or standing inside the vessel.

\(20\) \"Pilot\'s license\" means a vessel operator\'s license issued by
the United States Coast Guard or other federal agency, or a license
issued by the department to an operator of a charter boat that is
operated on inland waters.

\(21\) \"Rule\" means a rule promulgated pursuant to the administrative
procedures act.

\(22\) \"Vessel\" means every description of watercraft, other than a
seaplane on water, used or capable of being used as a means of
transportation on the water.

\(23\) \"Waters of the state\" means any waters within the jurisdiction
of this state.

Section 3. \[*Exemptions*.\]

\(a\) This act does not apply to a vessel which is required to be
inspected by federal law or regulations for the purposes of carrying
passengers for hire and which carries a valid and current certificate of
inspection issued pursuant to federal law.

\(b\) This act shall not be construed to require the securing of a state
pilot\'s license if a valid and current federal pilot\'s license has
been obtained from the United States Coast Guard or other federal
agency.

\(c\) This act shall not apply to a vessel twenty (20) feet or less in
length which is used primarily for training or instructional purposes
and not used at any time as a charter boat or a livery boat.

Section 4. \[*Inspection; License Requirements for Rental or Lease of
Charter Boat.*\]

\(a\) A person shall not offer to rent or lease nor shall rent or lease
a charter boat, and a person shall not carry passengers for hire on a
vessel on the waters of this state unless both of the following
conditions are satisfied:

\(1\) The department has inspected the vessel, if required by this act,
and has issued a certificate of inspection that is valid and current for
the vessel.

\(2\) The operator of the vessel is a licensed pilot or is under the
direct supervision of a licensed pilot who is on board the vessel.

\(b\) The licensed pilot of a charter boat shall possess a valid and
current pilot\'s license issued in the pilot's name and shall
immediately display that license upon demand of any law enforcement
officer.

\(c\) A person shall not operate a charter boat that carries seven (7)
or more passengers on navigable waters without first obtaining a current
vessel inspection certificate and a pilot\'s license from the United
States Coast Guard or other federal agency.

Section 5. \[*Certificate of Inspection or Reciprocity Requirement*.\] A
person shall not advertise or arrange for the carrying of any passenger
on a charter boat unless the charter boat has been issued a valid and
current certificate of inspection pursuant to Section 4 of this act or
operates under a reciprocal agreement pursuant to Section 14 of this
act.

Section 6. \[*Minimum Safety Standards*.\] The department shall
promulgate rules to establish minimum safety standards for charter
boats. The safety standards shall be designed to insure the safety and
well-being of persons utilizing a charter boat and shall include all of
the following:

\(1\) Methods for determining that a charter boat is of a structure
suitable for carrying passengers and crew, and is in a condition to
enable it to be navigated safely.

\(2\) Necessary equipment and operating requirements.

\(3\) Minimum public liability insurance requirements.

\(4\) Methods for determination of maximum passenger capacity.

\(5\) Table tests to determine the sufficiency of the charter boat\'s
structure, equipment, and stability.

Section 7. \[*Notification of Insurance Cancellation, Expiration*.\] Any
insurance carrier who issues public liability insurance required by this
act or a rule promulgated pursuant to this act shall notify the
department immediately, in writing, whenever the insurance is canceled
or expires and is not renewed.

Section 8. \[*Rules for Pilot Licensing*.\] The department, pursuant to
this act, shall promulgate rules for the licensing of pilots of charter
boats on inland waters. Rules promulgated pursuant to this section shall
be designed to insure that pilots of charter boats have the training and
skills necessary to insure the safety and well-being of charter boat
passengers, crew members, and members of the general public.

Section 9. \[*Inspection*.\]

\(a\) Except for an inspection under Section 12(b) of this act, the
department shall inspect or arrange for the inspection of every charter
boat and its equipment once every \[twelve (12) months\] while the
charter boat is at dockside and at least once every \[sixty (60)
months\] while the charter boat is in dry dock to determine if the
charter boat and its equipment complies with the rules promulgated
pursuant to Section 6 of this act.

\(b\) The department may at any time inspect or provide for the
inspection of any charter boat if the department has reasonable cause
either to believe that a provision of this act has been violated or that
an inspection is necessary to insure the safety of life and property.

\(c\) If, after the inspection provided for in Section 4 of this act and
payment of the fees prescribed in Section 12 of this act, the department
finds that the charter boat and its equipment comply with this act and
the rules promulgated under this act, the department shall issue to the
owner of the charter boat a certificate of inspection to be furnished by
the department. The certificate of inspection shall:

\(1\) Contain the maximum passenger, crew, and total person capacity of
the charter boat.

\(2\) Be prominently displayed on the charter boat while the charter
boat is operated upon waters of the state.

\(3\) Expire on \[May 31 of the second year following the year\] in
which the charter boat was dockside inspected, except that the
department may extend the expiration date if conditions exist which
would prevent the launching or the inspection of the charter boat before
the expiration of the certificate of inspection.

\(d\) The department may determine the number of crew necessary for the
safe operation of a charter boat.

\(e\) If the department determines that a charter boat or its equipment
does not comply with this act or the rules promulgated pursuant to this
act or applicable federal law or regulations, the department shall not
issue a certificate of inspection and may revoke any current certificate
of inspection pursuant to proper administrative procedures.

Section 10. \[*Operation in Violation of Certificate of Inspection*.\]

\(a\) A person shall not operate a charter boat in violation of the
terms of a certificate of inspection.

\(b\) This section shall not apply when the charter boat is being
utilized by the owner of the charter boat exclusively for noncommercial
purposes.

Section 11. \[*Examination for Pilot's License*.\]

\(a\) The department shall examine, or provide for the examination of,
all applicants for a state pilot\'s license or renewal of an existing
state pilot\'s license pursuant to the rules promulgated pursuant to
Section 8 of this act to insure that an applicant has the skill,
knowledge, and experience necessary to pilot a charter boat. If the
department has reasonable cause to believe it necessary, the department
may reexamine the holder of a state pilot\'s license at any time to
determine continued compliance with the rules. If the department
determines that the holder of the state pilot\'s license no longer
complies with the rules, the department may revoke the license pursuant
to proper administrative procedures.

\(b\) If, after the applicant has successfully completed the examination
and paid the fees prescribed in Section 12 of this act, the department
determines that the applicant is qualified pursuant to the rules
promulgated under Section 8 of this act, the department shall issue a
state pilot's license to the applicant..

\(c\) A state pilot\'s license shall be issued for a \[three (3) year\]
period.

Section 12. \[*Application for Inspection, Pilot's Examination; Fees*.\]

\(a\) The owner of a charter boat required to be inspected under this
act or a person required to be licensed as a state pilot under this act
shall apply for the charter boat inspection or the state pilot\'s
examination on a form prescribed and furnished by the department and
shall pay the required fee. An applicant shall furnish information
required by the department, and shall not file an application that
contains false information. An applicant shall certify by the person\'s
signature that the information furnished on the application is true and
correct.

\(b\) The owner of a charter boat that has not been dry dock or dockside
inspected during the \[twelve (12) month\] period prior to the effective
date of this act, or has never been inspected, shall pay to the
department an inspection fee for dry dock and dockside inspection
according to the following schedule:

\(1\) Class A & D vessels \[insert dollar amount\]

\(2\) Class B vessels \[insert dollar amount\]

\(3\) Class C vessels \[insert dollar amount\]

\(c\) After the effective date of this act, for each required dry dock
or dockside inspection of a charter boat, the owner shall pay the
department a fee according to the following schedule:

\(1\) Class A and D vessels:

\(i\) Dockside inspection \[insert dollar amount\]

\(ii\) Dry dock inspection \[insert dollar amount\]

\(2\) Class B vessels:

\(i\) Dockside inspection \[insert dollar amount\]

\(ii\) Dry dock inspection \[insert dollar amount\]

\(3\) Class C vessels:

\(i\) Dockside inspection \[insert dollar amount\]

\(ii\) Dry dock inspection \[insert dollar amount\]

\(d\) When the department inspects any charter boat at an interval other
than as required by this act, the inspection shall be conducted without
an inspection fee for a dockside inspection and for a reduced fee to be
determined by the department for a dry dock inspection. When a \[twelve
(12) month\] dockside inspection and a \[sixty (60) month\] dry dock
inspection are required in the same year, the owner shall only pay the
fee for the dry dock inspection, as provided in subsection (c) of this
Section.

\(e\) For each examination of a person for a state pilot\'s license, the
applicant shall pay a fee of \[insert dollar amount\] to the department.

\(f\) An applicant for a charter boat inspection or state pilot's
license examination who cannot keep an appointment mutually agreed upon
by the applicant and the department and who fails to notify the
inspecting officer or the department's \[insert appropriate division\]
at least \[twenty-four (24) hours\] prior to the scheduled appointment,
shall forfeit the inspection or examination fee to the department. The
fee shall be credited to the \[insert fund\]. Upon forfeiture of the
fee, the applicant must submit a new application and fee before the
department shall conduct any inspection or examination.

\(g\) The revenue received for inspection fees under this section shall
be deposited in the state treasury to the credit of the \[insert fund\]
and shall only be used to pay for inspections required by this act and
to maintain the education and enforcement program provided for in
Section 14(b) of this act. The \[revenue division of the department of
treasury\] shall annually provide to the department an accurate total of
revenue collected and shall annually credit that amount to the \[insert
fund\].

Section 13. \[*Petition for Hearing; Appeal*.\]

\(a\) A person denied a state pilot\'s license or the owner of a charter
boat who has been denied a certificate of inspection for a vessel may
petition the department for an evidentiary hearing pursuant to the
administrative procedures.

\(b\) A person who is aggrieved by the decision of the department under
subsection (a) may appeal the action of the department in the manner
provided in administrative procedures.

Section 14. \[*Authority to Enter Agreements; Develop Enforcement
Program*.\]

\(a\) The department may enter into reciprocal agreements with other
jurisdictions concerning the operation and inspection of charter boats
from those jurisdictions that operate on the waters of this state.
Reciprocity shall be granted only if a jurisdiction can establish to the
satisfaction of the department that its laws and standards concerning
charter boats meet or exceed the laws and rules of this state.

\(b\) The department shall develop an enforcement program designed to
eliminate the operation of charter boats that have not been inspected as
required by this act.

Section 15. \[*Bare Boat Charter Inspection Fees*.\] Any bare boat
charter that is used or to be used without the owner either being on
board or operating the vessel shall pay the inspection fees established
pursuant to Section 12(c) for each livery boat to be inspected. Fees
collected pursuant to this section shall be forwarded to the department.
The department shall utilize the fees to develop and maintain the
enforcement program provided for in Section 14(b) of this act.

Section 16. \[*Penalty for Violation*.\]

\(a\) A person who violates this act or a rule promulgated pursuant to
this act is guilty of a \[insert offense\], punishable by imprisonment
for not more than \[insert sentence\], or by a fine of not more than
\[insert dollar amount\], or both.

\(b\) When a vessel is operated in violation of Section 4 or 10 of this
act, the vessel may be seized as evidence and upon conviction of the
owner, the vessel may be condemned and confiscated in the manner as
provided for under \[insert relevant state code\].

\(c\) A law enforcement officer may issue an appearance ticket to any
person violating any of the provisions of this act or a rule promulgated
pursuant to this act.

Section 17. \[*Effective Date*.\] \[Insert effective date.\]