An Act To Require a Boating Safety Course for New Boat Registrants
Maine Legislature, Session 125, LD 1375
Committee: Inland Fisheries and Wildlife
Sponsors: MacDONALD, TREAT
Amends: 12 MRSA §13056, 12 MRSA §13074

Legislative Document 
No. 1375 
H.P. 1014 
House of Representatives, March 31, 2011 
An Act To Require a Boating Safety Course for New Boat 
Registrants 
Reference to the Committee on Inland Fisheries and Wildlife suggested and ordered 
printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative MacDONALD of Boothbay. 
Cosponsored by Representative: TREAT of Hallowell. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  12 MRSA §13056, sub-§1-C is enacted to read: 
1-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.  Motorboat safety 
1.  Requirements.  Unless otherwise provided by personal watercraft safety 
requirements pursuant to section 13071-A, a person who cannot show proof of 
registration of a motorboat in the last 3 years from this State or a jurisdiction outside of 
the State 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 or a 
marine certificate issued by 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; 
D.  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 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; or 
F.  Has assumed operation of the motorboat due to the illness or physical impairment 
of the initial operator and is returning the vessel to shore. 
2.  Proof of compliance; rules.  A person who operates a noncommercial 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.  The 
department shall adopt rules to implement this subsection, including rules to determine 
what constitutes adequate proof.  Rules adopted pursuant to this subsection are routine 
technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
3.  Violation.  A person who violates this section commits a civil violation for which 
no more than $100 may be adjudged. 
Sec. 3.  Program implementation.  The Commissioner of Inland Fisheries and 
Wildlife and the Commissioner of Marine Resources jointly shall adopt by rule a boating 
safety education program for operators of noncommercial motorboats. In developing the 
rules, the commissioners 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 commissioners shall adopt procedures and create forms to meet the requirements 
for motorboat rental and leasing businesses and the issuance of temporary boating safety 
certificates 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 Title 5, 
chapter 375, subchapter 2-A. 
SUMMARY 
This bill requires boating safety education for noncommercial motorboat users who 
cannot show proof of a motorboat registration in the last 3 years, either from the State or 
a jurisdiction outside of the State.