An Act To Require Boating Safety Education
Maine Legislature, Session 123, LD 2067
Committee: Inland Fisheries and Wildlife
Sponsors: WATSON, BRYANT, SYKES, PERRY, DUCHESNE, FAIRCLOTH, JACKSON, PRATT, WHEELER, DAMON
Amends: 12 MRSA §13056, 12 MRSA §13074

Legislative Document 
No. 2067 
H.P. 1451 
House of Representatives, December 21,2007 
An Act To Require Boating Safety Education 
(EMERGENCY) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Received by the Clerk of the House on December 19,2007. Referred to the Committee on 
Inland Fisheries and Wildlife pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint 
Rule 401. 
Presented by Representative WATSON of Bath. 
'7Y/~ /J7. 71ld£~{ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representatives: BRYANT of Windham, SYKES of Harrison, Senator 
PERRY of Penobscot and Representatives: DUCHESNE of Hudson, FAIRCLOTH of Bangor, 
JACKSON of Allagash, PRATT of Eddington, WHEELER of Kittery, Senator: DAMON of 
Hancock. 
Printed on recycled paper 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, in order to provide a much needed safety program on boating safety 
education for all Maine boaters due to the increase in fatal accidents, this issue needs to 
be addressed as soon as possible for the public good; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
lOBe it enacted by the People of the State of Maine as follows: 
Sec. 1. 12 MRSA §13056, sub-§I-C is enacted to read: 
l-C. Operating with temporary boating safety certificate. The commissioner 
may issue a temporary boating safety certificate registration with the issuance of the 
identification number and validation stickers. 
Sec.2. 12 MRSA §13074 is enacted to read: 
§13074. Boating safety 
1. 
Requirements. Unless otherwise provided by personal watercraft safety 
requirements pursuant to section 13071-A, a person may not operate a noncommercial 
motorboat or personal watercraft on any waters of the State unless the person: 
A. Completes and passes a boating safety course approved by a national association 
of state boating law administrators or any other course with equivalent standards 
approved by the commissioner; 
B. Possesses a valid license to operate a vessel issued for maritime personnel by the 
United States Coast Guard pursuant to 46 Code of Federal Regulations, Part 10 
(2007) or a marine certificate issued by the Canadian government; 
C. Is operating a motorboat or personal watercraft under a supervised program or 
activity or is being trained by a person qualified under paragraph A or B; 
D. In the case of a motorboat, possesses a state-approved nonrenewable temporary 
boating safety certificate issued by the commissioner pursuant to section 13056, 
subsection 1-C to operate the motorboat that is valid for 90 days with the certificate 
of number for the motorboat if the motorboat is new or was sold with a transfer of 
ownership; 
E. Is operating a motorboat or personal watercraft while in possession of a rental or 
lease agreement from a motorboat rental or leasing business that lists the person as 
the authorized operator of that motorboat or personal watercraft for a period of not 
more than 60 days; 
Page I - 123LR2779(Ol)-1 
F. Demonstrates that the person is not a resident and meets any applicable boating 
safety requirements and provides proof of training from the state of residency or 
possesses a Canadian pleasure craft operator's card; or 
G. Has assumed operation of the motorboat or personal watercraft due to the illness 
or physical impairment of the initial operator and is returning the vessel to shore. 
2. Applicability. This section applies to operators of noncommercial motorboats and 
personal watercraft as set out in the schedule in this subsection. 
A. Beginning June 30, 2011, an operator 20 years of age or younger must meet the 
requirements of this section. 
B. Beginning June 30, 2012, an operator 30 years of age or younger must meet the 
requirements of this section except as provided in paragraph A. 
C. Beginning June 30, 2013, an operator 40 years of age or younger must meet the 
requirements of this section except as provided in paragraphs A and B. 
D. Beginning June 30, 2014, an operator 45 years of age or younger must meet the 
requirements of this section except as provided in paragraphs A to C. 
E. Beginning June 30, 20 I 5, an operator 50 years of age or younger must meet the 
requirements of this section except as provided in paragraphs A to D. 
F. Beginning June 30, 2016, all operators must meet the requirements of this section. 
3. Proof of compliance. A person who operates a motorboat or personal watercraft 
on any waters in the State must present evidence, at the request of any law enforcement 
I 
officer, that the person has complied with this section. A licensed Maine guide may 
request proof of compliance with this section from that guide'S clients or customers. 
4. Violation. A person who violates this section commits a Class E crime. 
Sec. 3. Program implementation. The Commissioner of Inland Fisheries and 
Wildlife and the Commissioner of Marine Resources shall jointly adopt by rule a boating 
safety education program for operators of all noncommercial motorboats and personal 
watercraft. In developing the rules, the commissioner shall consult and coordinate with 
the boating public, professional organizations for recreational boating safety and the 
boating business community. The rules may include, but are not limited to, provisions 
regarding: 
1. Compliance; 
2. Statewide availability of the approved courses, including through the Internet; 
3. The issuance of certificates to document successful course completion; 
4. Duplicate certificates and record keeping; 
5. Requirements for course providers and instructor certification; 
6. Equivalency examination criteria; and 
7. The establishment of fees for boating safety courses and certificates, not to exceed 
the cost of giving instruction for each person participating in and receiving the instruction 
and testing. 
The commissioner shall adopt procedures and create forms to meet the requirements 
for motorboat rental and leasing businesses and the issuance of temporary boating safety 
certificate pursuant to the Maine Revised Statutes, Title 12, section 13056, subsection 1-
C. 
Rules adopted pursuant to this section are routine technical rules as defined in the 
Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A. 
Emergency clause. 
In view of the emergency cited In the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill requires boating safety education for all motorboat users and personal 
watercraft users in the State. It requires full compliance for all users by 2016, but creates 
a phase-in for implementation by age group.