625 ILCS 45/1-2 — Illinois Code / Chapter 625 / Act 45 / Section 1-2
Section 1-2
Status: in_force

(625 ILCS 45/1-2) (from Ch. 95 1/2, par. 311-2) (Text of Section before amendment by P.A. 104-137) Sec. 1-2. Definitions. As used in this Act, unless the context clearly requires a different meaning: "Airboat" means a vessel that is typically flat-bottomed and propelled by an aircraft-type propeller powered by an engine. "Competent" means capable of assisting a water skier in case of injury or accident. "Dealer" means any person who engages in the business of manufacturing, selling, or dealing in, on consignment or otherwise, any number of new watercraft or 5 or more used watercraft of any make during the year, including any off-highway vehicle dealer or snowmobile dealer or a person licensed as a new or used vehicle dealer who also sells or deals in, on consignment or otherwise, any number of watercraft as defined in this Act. "Department" means the Department of Natural Resources. "Inland Rules" means the Inland Navigation Rules Act of 1980. "International regulations" means the International Regulations for Preventing Collisions at Sea, 1972, including annexes currently in force for the United States. "Leeward side" means the side of a vessel's sail that is facing away or sheltered from the wind. "Lifeboat" means a small boat kept on board a larger boat for use in an emergency. "Motorboat" or "power-driven vessel" means any vessel propelled by machinery. "Nonpowered watercraft" or "human-powered watercraft" means any canoe, kayak, kiteboard, paddleboard, ribbed inflatable, or any other watercraft propelled by oars, paddles, or poles but not powered by sail, canvas, human body part, or machinery of any sort. "Operate" means to use, navigate, employ, or otherwise be in actual physical control of a motorboat or vessel. "Operator" means a person who operates or is in actual physical control of a watercraft. "Owner" means a person, other than a secured party, having property rights or title to a watercraft. "Owner" includes a person entitled to the use or possession of a motorboat subject to an interest in another person, reserved or created by agreement and securing payment of performance of an obligation. "Owner" does not include a lessee under a lease not intended as security. "Person" means any individual, firm, corporation, partnership, or association, and any agent, assignee, trustee, executor, receiver, or representative thereof. "Personal flotation device" or "PFD" means a device that is approved by the Commandant, U.S. Coast Guard, under Part 160 of Title 46 of the Code of Federal Regulations. "Personal watercraft" means a vessel propelled by a water jet pump or other machinery as its primary source of motive power and designed to be operated by a person sitting, standing, or kneeling on the vessel, rather than within the confines of a hull. "Principally operated" means the vessel is or will be primarily operated within the jurisdiction of the State during a calendar year. "Recreational boat" means any vessel manufactured or used primarily for noncommercial use, or leased, rented, or chartered to another for noncommercial use. "Sailboat" or "sailing vessel" means any vessel under sail so long as the propelling machinery, if fitted, is not being used. "Seaplane" means any aircraft designed to maneuver on the water. "Specialty prop-craft" means a vessel that is similar in appearance and operation to a personal watercraft but that is powered by an outboard or propeller driven motor. "Throwable PFD" has the meaning provided in 33 CFR 175.13. "Underway" applies to a vessel or watercraft at all times except when it is moored at a dock or anchorage area. "Use" applies to all vessels on the waters of this State, whether moored or underway. "Vessel" or "watercraft" means every watercraft used or capable of being used as a means of transportation on water, except a seaplane on the water, air mattress or similar device, and boats used for concession rides in artificial bodies of water designed and used exclusively for such concessions. "Waters of this State" means any water within the jurisdiction of this State. "Wearable U.S. Coast Guard approved personal flotation device", "wearable U.S. Coast Guard approved PFD", and "wearable PFD" have the meaning provided for "wearable PFD" in 33 CFR 175.13. "Windward side" means the side of a vessel's sail that has the wind blowing into the sail. "Wing in Ground" (WIG) vessel means a multimodal vessel which, in its main operational mode, flies in close proximity to the surface utilizing surface-effect action. (Source: P.A. 102-595, eff. 6-1-22.) (Text of Section after amendment by P.A. 104-137) Sec. 1-2. Definitions. As used in this Act, unless the context clearly requires a different meaning: "Airboat" means a vessel that is typically flat-bottomed and propelled by an aircraft-type propeller powered by an engine. "Boating accident" means a collision, accident, or casualty involving a vessel in or upon, or entering into or exiting from, the water, including capsizing, collision with another vessel or object, sinking, personal injury, death, disappearance of a person from on board under circumstances that indicate the possibility of death or injury, or property damage to any vessel or dock. "Competent" means capable of assisting a water skier in case of injury or accident. "Consideration" means an economic benefit, inducement, right, or profit, including pecuniary payment accruing to an individual, person, or entity, but not including a voluntary sharing of the actual expense of the voyage, by monetary contribution or donation of fuel, food, beverage, or other supplies. "Dealer" means any person who engages in the business of manufacturing, selling, or dealing in, on consignment or otherwise, any number of new watercraft or 5 or more used watercraft of any make during the year, including any off-highway vehicle dealer or snowmobile dealer or a person licensed as a new or used vehicle dealer who also sells or deals in, on consignment or otherwise, any number of watercraft as defined in this Act. "Department" means the Department of Natural Resources. "Inland Rules" means the Inland Navigation Rules Act of 1980. "International regulations" means the International Regulations for Preventing Collisions at Sea, 1972, including annexes currently in force for the United States. "Leeward side" means the side of a vessel's sail that is facing away or sheltered from the wind. "Lifeboat" means a small boat kept on board a larger boat for use in an emergency. "Livery" means a person, corporation, company, business, or entity that advertises a livery watercraft for use by another, in exchange for any type of consideration and does not provide the renter or lessee with a captain, crew, or any staff or personnel to operate, oversee, maintain, or manage the watercraft. "Motorboat" or "power-driven vessel" means any vessel propelled by machinery whether such machinery is a principle source of propulsion. "Nonpowered watercraft" or "human-powered watercraft" means any canoe, kayak, kiteboard, paddleboard, ribbed inflatable, or any other watercraft propelled by oars, paddles, or poles but not powered by sail, canvas, human body part, or machinery of any sort. "Operate" means to use, navigate, employ, or otherwise be in actual physical control of a motorboat or vessel. "Operator" means a person who operates or is in actual physical control of a watercraft. "Owner" means a person, other than a secured party, having property rights or title to a watercraft. "Owner" includes a person entitled to the use or possession of a motorboat subject to an interest in another person, reserved or created by agreement and securing payment of performance of an obligation. "Owner" does not include a lessee under a lease not intended as security. "Passenger" means an individual carried on the vessel. "Passenger" does not mean: (1) the owner or individual representative of the owner, or in the case of a chartered