An Act To Require Boating Safety Education
Maine Legislature, Session 124, LD 0289
Committee: Inland Fisheries and Wildlife
Sponsors: WATSON, PERRY, DUCHESNE, EBERLE, PERCY, WEBSTER, WHEELER, WRIGHT
Amends: 12 MRSA §13056

FIRST P~GULAR SESSION-2009 
Legislative Document 
No. 289 
H.P.229 
House of Representatives, Febmary 2,2009 
An Act To Require Boating Safety Education 
Reference to the Committee on Inland Fisheries and Wildlife suggested and ordered 
printed. 
Presented by Representative WATSON of Bath. 
Cosponsored by Senator PERRY of Penobscot and 
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1n.17lac~M4{ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: DUCHESNE of Hudson, EBERLE of South POliland, PERCY of Phippsburg, 
WEBSTER of Freeport, WHEELER of Kittery, WRIGHT of Berwick. 
Printed on recyd~d pupel 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 12 MRSA §13056, sub-§l-C is enacted to read: 
I-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 MRS A §13074 is enacted to read: 
§13074. Boating safety 
1. 
Definition; noncommercial motorboat. 
For purposes of this section, 
"noncommercial motorboat" means a motorboat registered in the State or a federally 
documented motorboat operating within state waters when the operator is not engaged in 
a commercial activity licensed by a municipality or State Government or the Federal 
Government. 
2. Requirements. A person may not operate a noncommercial motorboat 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 issuedby the Canadian government; 
C. 
Is operating a motorboat under a supervised program or activity or is being 
trained by a person qualified under paragraph A or B or, if under 16 years of age, is 
under the direct supervision of a parent or guardian while operating a motorboat with 
less that 10 horsepower; 
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 l-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 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 for a period of not more than 60 days; 
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 due to the illness or physical impairment 
of the initial operator and is returning the vessel to shore. 
Page I - 124LR0269(OI)-1 
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3. Applicability. This section applies to operators of noncommercial motorboats as 
set out in the schedule in this subsection. 
A. Beginning June 30, 2012, an operator 20 years of age or younger must meet the 
requirements of this section. 
B. Beginning June 30, 2013, 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, 2014, 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, 2015, 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, 2016, 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 30,2017, all operators must meet the requirements of this section. 
4. Proof of compliance. A person who operates a motorboat on any waters in the 
State must present evidence, at the request of any law enforcement 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. 
5. Violation. The following penalties apply to violations of this section. 
A. A person who violates this section commits a civil violation for which a fine of 
not less than $100 or more than $500 may be adjudged. 
B. A person who violates this section after having been adjudicated as violating this 
section 3 or more times within the previous 5-year period commits a Class E crime. 
Sec. 3. Program implementation. The Commissioner of Inland Fisheries and 
Wildlife and the Commissioner of Marine Resources shall jointly implement using 
existing departmental personnel and resources a recreational boating safety education 
program, referred to in this section as "the program." 
1. The role of the commissioners in implementing the program is limited to: 
A. 
Maintaining current levels of recreational boating safety education by the 
commissioners; 
B. 
Identifying recreational boating safety education programs approved by the 
National Association of State Boating Law Administrators or a successor 
organization and certified for use in the State, including but not limited to programs 
provided by the United States Coast Guard Auxiliary and the United States Power 
Squadron or a successor organization; 
C. 
Issuing temporary boating safety certificates to purchasers of new and used 
motorboats at the time of issuance of identification numbers and validation stickers 
pursuant to the Maine Revised Statutes, Title 12, section 13056. The commissioners 
shall adopt procedures and create any necessary forms to meet the requirements for 
motorboat rental and leasing businesses and the issuance of temporary boating safety 
certificates pursuant to Title 12, section 13056, subsection 1-C ; 
D. Issuing certificates to noncommercial motorboat operators for compliance with 
the program when those operators have successfully taken equivalency examinations 
for boating safety education in lieu of taking a boating safety course; and 
E. Jointly developing rules for program implementation and maintenance. 
2. In developing the rules pursuant to subsection 1, the commissioners shall consult 
and coordinate with the boating public and professional organizations for recreational 
boating safety and the boating business community. Rules may address, but are not 
limited to addressing: 
A. Compliance and enforcement procedures; 
B. Making courses available statewide, including through the Internet; 
C. 
The acceptance of certificates, issued by recreational boating safety courses 
approved by the National Association of State Boating Law Administrators or a 
successor organization and certified for use in the State, to document successful 
course completion; 
D. The issuance of duplicate certificates and record keeping by approved providers 
of boating safety education; 
E. Requirements for course providers and instructor certification; 
F. Equivalency examination criteria; 
G. The establishment of standardized fees for proctored examinations; and 
H. The establishment of fees for issuance of temporary certificates and certificates 
for successful completion of equivalency examinations, not to exceed the cost of 
issuing certificates and offering equivalency examinations. 
Rules adopted pursuant to tllls section are routine teclmical rules as defined in the 
Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A. 
Sec. 4. Effective date. TIlls Act takes effect July 1, 2011. 
SUMMARY 
This bill requires boating safety education for all motorboat users in the State. It 
requires full compliance for all users by 2017, but creates a phase-in for implementation 
by age group. 
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