2023 Illinois Compiled Statutes › Chapter 625 - VEHICLES › 625 ILCS 45/ - Boat Registration and Safety Act. › Article V - Operation Of Motorboats

(625 ILCS 45/Art. V heading)
ARTICLE V.  
		OPERATION OF MOTORBOATS
(625 ILCS 45/5-1) (from Ch. 95 1/2, par. 315-1)
Sec. 5-1. 
		Careless operation. 
		No person shall operate any watercraft in a careless or heedless manner
so as to endanger any person or property
or at a rate of speed greater than will permit him in the exercise of
reasonable care to bring the watercraft to a stop within
the assured clear distance ahead.
(Source: P.A. 85-149.)
(625 ILCS 45/5-2) (from Ch. 95 1/2, par. 315-2)
Sec. 5-2. Reckless operation.
(a) No person shall operate any watercraft,
specialty prop-craft, personal watercraft or manipulate any water skis,
aquaplane, or similar device in such a manner as to willfully or wantonly
endanger the life, limb or property of any person, to weave through
congested traffic, to jump the wake of another vessel unreasonably or
unnecessarily close to the other vessel or when visibility around the other
vessel is obstructed, to wait until the last possible moment to swerve to
avoid collision, or operate any watercraft so as to approach or pass
another watercraft in such a manner or at such a rate of speed as to create
a hazardous wake or wash.
(b) A person convicted of committing a violation of this Section shall be
guilty of aggravated reckless operation of a watercraft if the violation of
this Section resulted in great bodily harm or permanent disability or
disfigurement of another, when the violation was a proximate cause of the
injuries.
(Source: P.A. 93-782, eff. 1-1-05.)
(625 ILCS 45/5-3) (from Ch. 95 1/2, par. 315-3)
Sec. 5-3. Interference with navigation.
(a) No person shall operate any watercraft in a manner which unreasonably or
unnecessarily interferes with other watercraft or with the free and proper
navigation of the waterways of the State.
(b)     A vessel engaged in fishing shall not impede the passage of any other vessel navigating within a narrow channel or canal.
(c)     A vessel nearing a bend or an area of a narrow channel or canal where other vessels may be obscured by an intervening obstruction shall navigate with alertness and caution and shall sound the appropriate audible signal as required by the Inland Rules as written by the United States Coast Guard and this Act.
(d)   A vessel shall avoid anchoring in a narrow channel, under bridges, or in heavily traveled channels or canals, if unreasonable under the prevailing circumstances.
(Source: P.A. 102-595, eff. 6-1-22.)
(625 ILCS 45/5-4) (from Ch. 95 1/2, par. 315-4)
Sec. 5-4. Overloading.
A. No motorboat may be loaded with passengers or cargo beyond its safe
carrying capacity taking into consideration weather and other existing
operating conditions. Water skiers, tubers, parasailers, or other persons towed by the motorboat shall be considered part of the total number of passengers and cargo allowed by a watercraft's capacity plate for the purpose of determining a motorboat's carrying capacity.
B.  Capacity plates.
(1) Every vessel less than 26 feet in length,     designed to carry 2 or more persons and to be propelled by machinery as its principal source of power or designed to be propelled by oars shall, if manufactured or offered for sale in this State, have affixed permanently thereto by the manufacturer a capacity plate as required by this Section. As used in this Section, "manufacture" means to construct or assemble a vessel or alter a vessel in such manner as to change its weight capacity.
(2) A capacity plate shall bear the following     information permanently marked thereon in such manner as to be clearly visible and legible from the position designed or normally intended to be occupied by the operator of the vessel when under way:
a. For all vessels designed for or represented by         the manufacturer as being suitable for use with outboard motor:
1. The total weight of persons, motor, gear             and other articles placed aboard which the vessel is capable of carrying with safety under normal conditions.
2. The recommended number of persons             commensurate with the weight capacity of the vessel and the presumed weight in pounds of each such person. In no instance may such presumed weight per person be less than 150 pounds.
3. Clear notice that the information             appearing on the capacity plate is applicable under normal conditions and that the weight of the outboard motor and associated equipment is considered to be part of total weight capacity.
4. The maximum horsepower of the motor the             vessel is designed or intended to accommodate.
b. For all other vessels to which this Section         applies:
1. The total weight of persons, gear and             other articles placed aboard which the vessel is capable of carrying with safety under normal conditions.
2. The recommended number of persons             commensurate with the weight capacity of the vessel and the presumed weight in pounds of each such person. In no instance shall such presumed weight per person be less than 150 pounds.
3. Clear notice that the information             appearing on the capacity plate is applicable under normal conditions.
(3) The information relating to maximum capacity     required to appear on capacity plates by Subsection B (2) of this Section shall be determined in accordance with such methods and formulas as shall be prescribed by rule or regulation adopted by the Department. In prescribing such methods and formulas, the Department shall be guided by and give due regard to the necessity for uniformity in methods and formulas lawful for use in determining small vessel capacity in the several states and to any methods and formulas which may be recognized or recommended by the United States Coast Guard or any agency successor thereto.
(4) Any vessel to which this Section applies, not     having a capacity plate meeting the requirements of law affixed thereto by the manufacturer thereof, may have such affixed by any other person in accordance with such rules and regulations as the Department may prescribe and may thereafter be offered for sale in this State, but no action taken pursuant to this Section or in the manner described herein, shall relieve any manufacturer from liability for failure to comply with the requirements of this Section.
(5) The information appearing on a capacity plate     shall be deemed to warrant that the manufacturer, or the person affixing the capacity plate is permitted by Subsection B (4) of this Section, as the case may be, has correctly and faithfully employed a method and formula for the calculation of maximum weight capacity prescribed by the Department and that the information appearing on the capacity plate with respect to maximum weight capacity and recommended number of persons is the result of the application of such method and formula, and with respect to information concerning horsepower limitations, that such information is not a deliberate or negligent misrepresentation.
(6) If any vessel required by this Section to have a     capacity plate affixed thereto is of such design or construction as to make it impracticable or undesirable to affix such plate, the manufacturer, or other person having the responsibility for affixing the plate, may represent such impracticability or undesirability to the Department in writing. Upon determination by the Department that such representation has merit and that a proper and effective substitute for the capacity plate which will serve the same purpose is feasible, the Department may authorize such alternative compliance and such alternative compliance shall thereafter be deemed compliance with the capacity plate requirements of this Section.
(7) The Department may by rules or regulations exempt     from the requirements of this Section vessels which it finds to be of such unconventional design or construction that the information required on capacity plates would not assist in promoting safety or is not reasonably obtainable.
(8) The Department is authorized to issue and amend     rules and regulations to carry out the purposes of this Section.
Failure to affix a proper capacity plate shall constitute a separate
violation of this subsection B for each vessel with respect to which such
failure occurs.
(Source: P.A. 98-102, eff. 7-22-13.)
(625 ILCS 45/5-5) (from Ch. 95 1/2, par. 315-5)
Sec. 5-5. 
		Incapacity of operator. 
		The owner of any motorboat or any person having such in charge or in
control shall not authorize or knowingly permit the same to be operated by
any person who by reason of physical or mental disability is incapable of
operating such motorboat under the prevailing circumstances.
(Source: P.A. 82-783.)
(625 ILCS 45/5-6) (from Ch. 95 1/2, par. 315-6)
Sec. 5-6. 
		Overpowering. 
		No motorboat shall be equipped with any motor or other propulsion
machinery beyond its safe power capacity taking into consideration the type
and construction of such motorboat and other existing operating conditions.
(Source: P.A. 82-783.)
(625 ILCS 45/5-7) (from Ch. 95 1/2, par. 315-7)
Sec. 5-7. 
		Restricted areas. 
		No person shall operate a watercraft
within a water area that has been clearly marked by buoys or some other
distinguishing device as a bathing, fishing, swimming or otherwise
restricted area by the Department or a political subdivision of the State
or by an owner or lessee of property in accordance with his or her rights
to the use of the property, except in the manner prescribed by the buoys or
other distinguishing devices.  This Section shall not apply in the case of
an emergency, or to patrol or rescue craft.
No person shall operate a watercraft within 150 feet of a public
launching ramp owned, operated or maintained by the Department or a
political subdivision of the State at greater than a "No Wake" speed as
defined in Section 5-12 of this Act.  Posting of the areas
by the Department or a political subdivision of the State is not required.
The Department and other political subdivisions of the State may, within
their discretion and after issuing an administrative rule in accordance
with the Illinois Administrative Procedure Act, designate certain areas by
proper signs to be bathing, fishing, swimming or otherwise restricted
areas, or eliminate, alter or otherwise modify existing areas.  The Department
or a political subdivision of the State shall further have the authority in
order to fully carry out the provisions of this Act to place signs, beacons
and buoys in designated areas controlling the flow of traffic.
It shall be unlawful for any person to deface, move, obliterate, tear
down, or destroy, in whole or in part, or attempt to deface, move,
obliterate, tear down or destroy any buoys or signs posted pursuant to
the provisions of this Act, except as authorized by the Department.
(Source: P.A. 92-651, eff. 7-11-02.)
(625 ILCS 45/5-12) (from Ch. 95 1/2, par. 315-7.5)
Sec. 5-12. 
		
		A wake is defined as a movement of the water created by a
boat underway great enough to disturb a boat at rest, but under no
circumstances shall a boat underway exceed 5 miles per hour while in a
posted "No Wake" area.  "No Wake" areas shall be clearly posted with buoys
or appropriate signs except as provided in Section 5-7 of this Act.  All buoys
or signs posting "No Wake" areas shall meet the specifications as prescribed
by the United States Coast Guard or the Illinois Department of Natural
Resources.
(Source: P.A. 89-445, eff. 2-7-96.)
(625 ILCS 45/5-13) (from Ch. 95 1/2, par. 315-8)
Sec. 5-13. Traffic rules.
A. The area straight ahead of a vessel to the point that is 22.5 degrees beyond the middle of the vessel on the starboard side of the watercraft shall be designated the danger zone. An operator of a watercraft shall yield the right-of-way to any other watercraft occupying or entering into the danger zone that may result in collision.
A-5. Head-on situation.
(1)   If 2 power-driven vessels are meeting head-on     or nearly head-on courses so as to involve risk of collision, each shall alter course to starboard so that each shall pass on the port side of the other.
(2)   A vessel proceeding along the course of a     narrow channel or canal shall keep as near to the outer limit of the channel or canal that lies on the starboard side as is safe and practicable.
(3)   A power-driven vessel operating in narrow     channels and proceeding downstream shall have the right-of-way over a vessel proceeding upstream. The vessel proceeding upstream shall yield as necessary to permit safe passing.
B.  Crossing. As used in this Section, "crossing" means 2 or more watercraft traveling in directions that would have the path of travel of the watercraft intersect each other.
(1)   If 2 power-driven vessels are crossing so as to     involve the risk of collision, the vessel that has the other on the starboard side shall keep out of the way and shall avoid crossing ahead of the other vessel.
(2)   A power-driven vessel crossing a river shall     keep out of the way of a power-driven vessel ascending or descending the river.
(3)   A vessel may not cross a narrow channel or     canal if the crossing impedes the passage of a vessel that can only safely navigate within the channel or canal.
C.  Overtaking.
(1) A vessel overtaking any other shall give way to     the vessel being overtaken.
(2) If a vessel operator is in doubt as to whether he     or she is overtaking another vessel, the operator shall assume he or she is overtaking the other vessel and shall act accordingly.
(3) Any subsequent alteration of the bearing between     the 2 vessels shall not make the overtaking vessel a crossing vessel within the meaning of this Section or relieve the overtaking operator of the duty to keep clear of the overtaken vessel until finally past and clear.
(4) When overtaking in a narrow channel or canal, the     operator of a power-driven vessel intending to overtake another power-driven vessel shall proceed to pass safety only after indicating his or her intention by sounding the horn as follows:
(a) one short blast from the horn signifies a         request to pass on the overtaken vessel's starboard side;
(b) 2 short blasts from the horn signify a         request to pass on the overtaken vessel's port side.
(5) The operator of the power-driven vessel being     overtaken shall:
(a) acknowledge the request by sounding the same         signal; or
(b) sound 5 short blasts from the horn to         indicate danger or to warn the overtaking vessel not to pass.
No response from the overtaken vessel shall be     interpreted as an indication of danger and is the same as if 5 short blasts from the horn were sounded. In the absence of an audible signal or horn, a light signal device using the appropriate number of rapid bursts of light may be used.
D.  Sailing vessels.
(1) The operator of a power-driven vessel shall yield     the right-of-way to any nonpowered or sailing vessel unless the nonpowered vessel is overtaking the power-driven vessel or when a large craft is navigating in a confined channel, the large craft has the right-of-way over a boat propelled solely by oars or sails.
(2) If 2 sailing vessels are approaching one another,     so as to involve risk of collision, one of them shall keep out of the way of the other as follows:
(a)   If each has the wind on a different side,         the vessel that has the wind on the port side shall give way to the other vessel.
(b)   If both have the wind on the same side, the         vessel that is to windward shall give way to the vessel that is to leeward.
(c)   If a vessel with the wind on the port side         sees a vessel to windward and cannot determine with certainty whether the other vessel has the wind on the port or starboard side, the vessel shall give way to the other vessel. (Source: P.A. 102-595, eff. 6-1-22.)
(625 ILCS 45/5-14) (from Ch. 95 1/2, par. 315-9)
Sec. 5-14. Towing of persons.
A. No person may operate a motorboat that has in tow or is
otherwise
assisting a person on water skis, an aquaplane, or a similar
contrivance in or
upon any waterway, unless the motorboat has a capacity of at
least 3 persons and is occupied by at least 2
competent persons.
B. No person may operate a motorboat having in tow or otherwise be
assisting a person on water skis, aquaplane or similar contrivance from the
period of one-half hour after sunset to one-half hour before sunrise. This
paragraph B does not apply to motorboats used in duly authorized water ski
tournaments, competitions, exhibitions or trials therefor where adequate
lighting is provided.
C. All persons operating a motorboat having in tow or otherwise
assisting a person on water skis, aquaplane or similar contrivance, must be
careful and prudent in their operation and keep at a reasonable distance
from persons and property so as not to endanger the life or property of any
person.
D. No person may operate or manipulate any vessel, tow rope or other
device by which the direction or location of water skis, aquaplane, or
similar device may be affected or controlled in such a way as to cause the
water skis, aquaplane, or similar device, or any persons thereon to collide
with or strike against any person or object, except ski jumps, buoys and
like objects normally used in competitive or recreational skiing.
E. The operator of any watercraft that is towing a person or persons shall display on the watercraft a bright or brilliant orange flag measuring not less than 12 inches per side.  The flag shall be displayed at the highest point of the area surrounding the boat's helm as to be visible from all directions, continuously, while the person or persons being towed depart the boat in preparation for towing and until reentry into the boat when the activity has ceased.  Display of the flag for purposes other than the activity described in this Section is prohibited.
(Source: P.A. 98-697, eff. 1-1-15.)
(625 ILCS 45/5-15) (from Ch. 95 1/2, par. 315-10)
Sec. 5-15. 
		Regattas and races. 
		A. The Department may authorize the holding of regattas, motorboat or
other boat races on any waters of this State. It shall adopt and may, from
time to time, amend regulations concerning the safety of motorboats and
other vessels and persons thereon, either observers or participants.
Whenever a regatta, motorboat or other boat race is proposed to be held,
the person in charge thereof, shall, at least 30 days prior thereto, file
an application with the Department for permission to hold such regatta,
motorboat or other boat race. The application shall set forth the date,
time and location where it is proposed to hold such regatta, motorboat or
other boat race and it shall not be conducted without authorization of the
Department in writing.
B.  When a regatta, motorboat or other boat race authorized or proposed to
be authorized under subsection A of this Section is to be held on a body of
water owned and operated by a unit of local government, the unit of local
government may schedule those events, but only after adopting an ordinance
providing for such scheduling and filing it with the Department.
C. The provisions of this Section do not exempt any person from
compliance with applicable Federal law or regulation, but nothing contained
herein may be construed to require the securing of a State permit pursuant
to this Section if a permit therefor has been obtained from an authorized
agency of the United States.
(Source: P.A. 84-559.)
(625 ILCS 45/5-16)
Sec. 5-16. Operating a watercraft under the influence of alcohol,
other drug or drugs, intoxicating compound or compounds, or combination
thereof.
(A) 1. A person shall not operate or be in actual physical control of
any
watercraft within this State while:
(a) The alcohol concentration in such person's blood,      other bodily substance, or breath is a concentration at which driving a motor vehicle is prohibited under subdivision (1) of subsection (a) of Section 11-501 of the Illinois Vehicle Code;
(b) Under the influence of alcohol;
(c) Under the influence of any other drug or     combination of drugs to a degree which renders such person incapable of safely operating any watercraft;
(c-1) Under the influence of any intoxicating     compound or combination of intoxicating compounds to a degree that renders the person incapable of safely operating any watercraft;
(d) Under the combined influence of alcohol and any     other drug or drugs to a degree which renders such person incapable of safely operating a watercraft;
(d-3) The person who is not a CDL holder has a     tetrahydrocannabinol concentration in the person's whole blood  or other bodily substance at which driving a motor vehicle is prohibited under subdivision (7) of subsection (a) of Section 11-501 of the Illinois Vehicle Code;
(d-5) The person who is a CDL holder has any amount     of a drug, substance, or      compound in the person's breath, blood, other bodily substance, or urine resulting from the unlawful use or consumption of cannabis listed in the Cannabis Control Act; or
(e) There is any amount of a drug, substance, or     compound in the person's blood,  other bodily substance, or urine resulting from the unlawful use or consumption of  a controlled substance listed in the Illinois Controlled Substances Act, methamphetamine as listed in the Methamphetamine Control and Community Protection Act, or an intoxicating compound listed in the Use of Intoxicating Compounds Act.
2. The fact that any person charged with violating this Section is or
has been legally entitled to use alcohol, other drug or drugs, any
intoxicating compound or compounds, or any combination of
them, shall not constitute a defense against any charge of
violating this
Section.
3. Every person convicted of violating this Section shall be guilty of a
Class A misdemeanor, except as otherwise provided in this Section.
4. Every person convicted of violating this Section shall be guilty of a
Class 4 felony if:
(a) He or she has a previous conviction under this     Section;
(b) The offense results in personal injury where a     person other than the operator suffers great bodily harm or permanent disability or disfigurement, when the violation was a proximate cause of the injuries.  A person guilty of a Class 4 felony under this subparagraph (b), if sentenced to a term of imprisonment, shall be sentenced to a term of not less than one year nor more than 12 years; or
(c) The offense occurred during a period in which his     or her privileges to operate a watercraft are revoked or suspended, and the revocation or suspension was for a violation of this Section or was imposed under subsection (B).
5. Every person convicted of violating this Section shall be
guilty of a Class 2 felony if the offense results in the death of a
person.
A person guilty of a Class 2 felony under this paragraph 5, if sentenced to a
term of imprisonment, shall be sentenced to a term of not less than 3 years
and not more than 14 years.
5.1. A person convicted of violating this Section or a similar
provision
of a
local
ordinance who had a child under the age of 16 aboard the watercraft at the
time of offense is
subject to a mandatory minimum fine of $500 and to a mandatory minimum of  5
days of
community service in a program benefiting children.  The assignment under this
paragraph 5.1 is
not subject to suspension and the person is not eligible for probation in order
to reduce the
assignment.
5.2. A person found guilty of violating this Section, if his or her
operation
of a watercraft
while in violation of this Section proximately caused any incident resulting in
an appropriate
emergency response, is liable for the expense of an emergency response as
provided in subsection (m) of Section 11-501 of the Illinois Vehicle Code.
5.3. In addition to any other penalties and liabilities, a person who is
found
guilty of
violating this Section, including any person placed on court supervision,
shall be fined $100,
payable to the circuit clerk, who shall distribute the money to the law
enforcement agency that
made the arrest or as provided in subsection (c) of Section 10-5 of the Criminal and Traffic Assessment Act if the arresting agency is a State agency, unless more than one agency is responsible for the arrest, in which case the amount shall be remitted to each unit of government equally.  Any moneys received by a law enforcement agency under
this
paragraph 5.3 shall be used to purchase law enforcement equipment or to provide
law
enforcement training that will assist in the prevention of alcohol related
criminal violence
throughout the State.  Law enforcement equipment shall include, but is not
limited to, in-car
video cameras, radar and laser speed detection devices, and alcohol breath
testers.
6. (a) In addition to any criminal penalties imposed, the Department of
Natural Resources shall suspend the watercraft operation privileges of any
person
convicted or found guilty of a misdemeanor under this Section, a similar provision of a local ordinance, or Title 46 of the U.S. Code of Federal Regulations for a period
of one year, except that a first time offender is exempt from this mandatory
one year suspension.
As used in this subdivision (A)6(a), "first time offender" means any person who has not had a previous conviction or been assigned supervision for violating this Section, a similar provision of a local ordinance or, Title 46 of the U.S. Code of  Federal Regulations, or any person who has not had a suspension imposed under subdivision (B)3.1 of Section 5-16.
(b) In addition to any criminal penalties imposed, the Department of
Natural Resources shall suspend the watercraft operation privileges of any
person
convicted of a felony under this Section, a similar provision of a local ordinance, or Title 46 of the U.S. Code of Federal Regulations for a period of 3 years.
(B) 1. Any person who operates or is in actual physical control of any
watercraft upon the waters of this
State shall be deemed to have given consent to a chemical test or tests of
blood, breath,  other bodily substance, or urine for the purpose of determining the content of
alcohol, other
drug or drugs, intoxicating compound or compounds, or combination thereof
in the person's blood or other bodily substance if arrested for
any offense of subsection (A) above. The chemical test or tests shall be
administered at
the direction of the arresting officer.
The law enforcement agency employing the
officer shall designate which of the tests shall be administered.  Up to 2 additional tests of
urine or other bodily substance may be
administered even after a blood or breath test or both has been administered.
1.1. For the purposes of this Section, an Illinois Law Enforcement
officer of
this
State who is investigating the person for any offense defined in Section 5-16
may travel
into an adjoining state, where the person has been transported for medical care
to
complete an investigation, and may request that the person submit to the test
or
tests set
forth in this Section.  The requirements of this Section that the person be
arrested are
inapplicable, but the officer shall issue the person a uniform citation for an
offense as
defined in Section 5-16 or a similar provision of a local ordinance prior to
requesting that
the person submit to the test or tests.  The issuance of the uniform citation
shall not
constitute an arrest, but shall be for the purpose of notifying the person that
he or she is
subject to the provisions of this Section and of the officer's belief in the
existence of
probable cause to arrest.  Upon returning to this State, the officer shall file
the uniform
citation with the circuit clerk of the county where the offense was committed
and shall
seek the issuance of an arrest warrant or a summons for the person.
1.2. Notwithstanding any ability to refuse under this Act to submit to
these
tests
or any ability to revoke the implied consent to these tests, if a law
enforcement officer
has probable cause to believe that a watercraft operated by or under actual
physical
control of a person under the influence of alcohol, other drug or drugs,
intoxicating
compound or compounds, or any combination of them has caused the death of or
personal
injury to another, that person shall submit, upon the request of a law
enforcement officer,
to a chemical test or tests of his or her blood, breath, other bodily substance, or urine for the
purpose of
determining the alcohol content or the presence of any other drug, intoxicating
compound, or
combination
of them.  For the purposes of this Section, a personal injury includes severe
bleeding
wounds, distorted extremities, and injuries that require the injured party to
be carried
from the scene for immediate professional attention in either a doctor's office
or a
medical facility.
2. Any person who is dead, unconscious or who is otherwise in a condition
rendering such person incapable of refusal, shall be deemed not to have
withdrawn the consent provided above, and the test may be administered.
3. A person requested to submit to a chemical test as provided above
shall be
verbally advised by the law enforcement officer requesting the test that a
refusal to submit to the test will result in suspension of such person's
privilege to operate a watercraft for a minimum of 2 years. Following this
warning, if a person
under arrest refuses upon the request of a law enforcement officer to
submit to a test designated by the officer, no test
shall be given, but the law enforcement officer shall file with the clerk
of the circuit court for the county in which the arrest was made, and with
the Department of Natural Resources, a sworn
statement naming the person refusing to take and complete the chemical test
or tests
requested under the provisions of this Section.  Such sworn statement shall
identify the arrested person, such person's current residence address and
shall specify that a refusal by such person to take the chemical test or
tests was
made.  Such sworn statement shall include a statement that the arresting
officer had reasonable cause to believe the person was operating or was in
actual physical control of the
watercraft within this State while under the influence of alcohol, other
drug or drugs, intoxicating compound or compounds, or combination thereof
and that such
chemical test or tests were made as an
incident to and following the lawful arrest for an offense as defined in
this Section or a similar provision of a local ordinance, and that the
person after being arrested for an offense arising out of acts alleged to
have been committed while so operating a watercraft refused to submit to
and complete a chemical test or tests as requested by the law enforcement
officer.
3.1. The law enforcement officer submitting the sworn statement as
provided in
paragraph 3 of this subsection (B) shall serve immediate written notice upon
the
person refusing the chemical test or tests that the person's privilege to
operate a
watercraft within this State will be suspended for a period of 2 years unless,
within 28 days from the date of the notice, the person requests in writing a
hearing
on the suspension.
If the person desires a hearing, such person
shall file a complaint in the circuit court for and in the county in which
such person was arrested for such hearing. Such hearing shall proceed in
the court in the same manner as other civil proceedings, shall cover only
the issues of whether the person was placed under arrest for an offense as
defined in this Section or a similar provision of a local ordinance as
evidenced by the issuance of a uniform citation; whether the arresting
officer had reasonable grounds to believe that such person was operating a
watercraft while under the influence of alcohol, other drug or drugs,
intoxicating compound or compounds, or combination
thereof; and whether such person refused to submit and complete the
chemical test or
tests upon the request of the law enforcement officer. Whether the person
was informed that such person's privilege to operate a watercraft would be
suspended if such person refused to submit to the chemical test or tests
shall not be an
issue.
If the person fails to request in writing a hearing within 28 days from
the date of notice, or if a hearing is held and the court finds against the
person on the issues before the court, the
clerk shall immediately notify the Department of Natural Resources, and the Department shall suspend the watercraft operation
privileges of the person for at least 2 years.
3.2. If the person is a CDL holder and submits to a test that discloses an alcohol
concentration
of 0.08
or more, or any amount of a drug, substance or intoxicating compound in the
person's
breath, blood, other bodily substance, or urine resulting from the unlawful use of cannabis listed in
the Cannabis
Control Act, a controlled substance listed in the Illinois Controlled
Substances Act, methamphetamine as listed in the Methamphetamine Control and Community Protection Act, or an
intoxicating compound listed in the Use of Intoxicating Compounds Act, the law
enforcement officer shall immediately submit a sworn report to the circuit
clerk of venue
and the Department of Natural Resources, certifying that the test or tests were
requested
under paragraph 1 of this subsection (B) and the person submitted to testing
that
disclosed an alcohol concentration of 0.08 or more or any amount of a drug, substance or intoxicating compound in the
person's
breath, blood, other bodily substance, or urine resulting from the unlawful use of cannabis listed in the Cannabis Control Act, a controlled substance listed in the Illinois Controlled
Substances Act, methamphetamine as listed in the Methamphetamine Control and Community Protection Act, or an
intoxicating compound listed in the Use of Intoxicating Compounds Act. If the person is not a CDL holder and submits to a test that discloses an alcohol
concentration
of 0.08
or more, a tetrahydrocannabinol concentration in the person's whole blood  or other bodily substance as defined in paragraph 6 of subsection (a) of Section 11-501.2 of the Illinois Vehicle Code, or any amount of a drug, substance or intoxicating compound in the
person's
breath, blood, other bodily substance, or urine resulting from the unlawful use of a controlled substance listed in the Illinois Controlled
Substances Act, methamphetamine as listed in the Methamphetamine Control and Community Protection Act, or an
intoxicating compound listed in the Use of Intoxicating Compounds Act, the law
enforcement officer shall immediately submit a sworn report to the circuit
clerk of venue
and the Department of Natural Resources, certifying that the test or tests were
requested
under paragraph 1 of this subsection (B) and the person submitted to testing
that
disclosed an alcohol concentration of 0.08 or more, a tetrahydrocannabinol concentration in the person's whole blood  or other bodily substance as defined in paragraph 6 of subsection (a) of Section 11-501.2 of the Illinois Vehicle Code, or any amount of a drug, substance or intoxicating compound in the
person's
breath, blood, other bodily substance, or urine resulting from the unlawful use of a controlled substance listed in the Illinois Controlled
Substances Act, methamphetamine as listed in the Methamphetamine Control and Community Protection Act, or an
intoxicating compound listed in the Use of Intoxicating Compounds Act.
In cases involving a person who is a CDL holder where the blood alcohol concentration of 0.08 or greater or any
amount of
drug, substance or compound resulting from the unlawful use of cannabis, a
controlled
substance, methamphetamine, or an intoxicating compound is established by a subsequent analysis
of blood,  other bodily substance, or urine collected at the time of arrest, the arresting officer or arresting
agency shall
immediately submit a sworn report to the circuit clerk of venue and the
Department of
Natural Resources upon receipt of the test results. In cases involving a person who is not a CDL holder where the blood alcohol concentration of 0.08 or greater, a tetrahydrocannabinol concentration in the person's whole blood  or other bodily substance as defined in paragraph 6 of subsection (a) of Section 11-501.2 of the Illinois Vehicle Code, or any
amount of drug, substance, or compound resulting from the unlawful use of
 a controlled substance, methamphetamine, or an intoxicating compound is established by
a subsequent analysis of blood, other bodily substance,  or urine collected at the time of arrest, the
arresting officer or arresting agency shall immediately submit a sworn report
to the circuit clerk of venue and the Department of Natural Resources upon
receipt of the test results.
4. A person must submit to each chemical test offered by the law
enforcement
officer
in order to comply with the implied consent provisions of this Section.
5. The provisions of Section 11-501.2 of the Illinois Vehicle Code, as
amended, concerning the certification and use of chemical tests apply to the
use of such tests under this Section.
(C) Upon the trial of any civil or criminal action or proceeding arising out
of acts alleged to have been committed by any person while operating a
watercraft while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or combination
thereof, the concentration of alcohol, drug, or compound in the person's blood, other bodily substance, or breath at the time alleged as shown by analysis of a
person's blood, urine, breath, or other bodily substance shall give rise to the
presumptions specified in subdivisions 1, 2, and 3 of
subsection (b) and subsection (b-5) of Section 11-501.2 of the Illinois Vehicle Code. The foregoing
provisions of this subsection (C) shall not be
construed
as limiting the introduction of any other relevant evidence bearing upon the
question whether the person was under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or a combination thereof.
(D) If a person under arrest refuses to submit to a chemical test under
the provisions of this Section, evidence of refusal shall be admissible in
any civil or criminal action or proceeding arising out of acts alleged to
have been committed while the person under the influence of alcohol,
other drug or drugs, intoxicating compound or compounds, or combination
of them was operating a watercraft.
(E) The owner of any watercraft or any person given supervisory
authority over a watercraft, may not knowingly permit a watercraft to be
operated by any person under the influence of alcohol, other drug or drugs,
intoxicating compound or compounds, or
combination thereof.
(F) Whenever any person is convicted or found guilty of a violation of
this
Section, including any person placed on court supervision, the court shall
notify the Office of Law Enforcement of the
Department of Natural Resources, to provide the Department with the records
essential for the performance of the Department's duties to monitor and enforce
any order of suspension or revocation concerning the privilege to operate a
watercraft.
(G) No person who has been arrested and charged for violating paragraph 1 of
subsection (A) of this Section shall operate any watercraft within this State
for a period of 24 hours after such arrest.
(Source: P.A. 102-145, eff. 7-23-21.)
(625 ILCS 45/5-16a) (from Ch. 95 1/2, par. 315-11a)
Sec. 5-16a. Admissibility of chemical tests of blood,  other bodily substance, or urine conducted in the regular course of providing emergency medical
treatment.
(a) Notwithstanding any other provision of law, the written results of
blood,  other bodily substance, or urine alcohol and drug tests conducted upon persons receiving medical treatment in a
hospital emergency room are admissible in evidence as a business record
exception to the hearsay rule only in prosecutions for any violation of
Section 5-16 of this Act or a similar provision of a local
ordinance or in prosecutions for reckless homicide brought under the Criminal
Code of 1961 or the Criminal Code of 2012, when:
(1) the chemical tests performed upon an individual's     blood,  other bodily substance, or urine were ordered in the regular course of providing emergency treatment and not at the request of law enforcement authorities; and
(2) the chemical tests performed upon an individual's     blood,  other bodily substance, or urine were performed by the laboratory routinely used by the hospital.
Results of
chemical tests performed upon an individual's blood,  other bodily substance, or urine are admissible into
evidence regardless of the time that the records were prepared.
(b) The confidentiality provisions of law pertaining to medical records
and medical treatment shall not be applicable with regard to chemical
tests performed upon an individual's blood,  other bodily substance, or urine under the provisions of
this Section in prosecutions as
specified in subsection (a) of this Section.  No person shall be liable for
civil damages as a result of the evidentiary use of the results of chemical
testing of an individual's blood,  other bodily substance, or urine under this Section or as a result of that person's testimony made
available under this Section.
(Source: P.A. 99-697, eff. 7-29-16.)
(625 ILCS 45/5-16a.1)
Sec. 5-16a.1. Reporting of test results of blood,  other bodily substance, or urine conducted in the
regular course of
providing emergency medical treatment.
(a) Notwithstanding any other provision of law, the results of blood,  other bodily substance, or
urine
tests
performed for the purpose of determining the content of alcohol, other drug or
drugs, intoxicating compound or compounds, or any combination of them in an
individual's blood,  other bodily substance, or
urine, conducted upon persons receiving medical treatment in a hospital
emergency room for
injuries resulting from a boating accident, shall be disclosed to the
Department
of Natural
Resources or local law enforcement agencies of jurisdiction, upon request.  The
blood,  other bodily substance, or urine
tests are admissible in evidence as a business record exception to the hearsay
rule only in
prosecutions for violations of Section 5-16 of this Code or a similar provision
of a local
ordinance, or in prosecutions for reckless homicide brought under the Criminal
Code of 1961 or the Criminal Code of 2012.
(b) The confidentiality provisions of the law pertaining to medical records
and medical
treatment shall not be applicable with regard to tests performed upon an
individual's blood,  other bodily substance, or
urine under the provisions of subsection (a) of this Section.  No person is
liable for civil damages
or professional discipline as a result of disclosure or reporting of the tests
or the evidentiary use
of an individual's blood,  other bodily substance, or urine test results under this Section or
Section 5-16a, or as a
result of that person's testimony made available under this Section or Section
5-16a, except for
willful or wanton misconduct.
(Source: P.A. 99-697, eff. 7-29-16.)
(625 ILCS 45/5-16b) (from Ch. 95 1/2, par. 315-11b)
Sec. 5-16b. Preliminary breath screening test. If a law
enforcement officer has reasonable suspicion to believe
that a person is violating or
has violated Section 5-16 or a similar provision of a local
ordinance, the  officer, prior to an arrest, may request the
person to provide a
sample of his or her breath for a preliminary breath screening test using a
portable device approved by the Illinois State Police.  The results of
this preliminary breath screening test may be used by the law enforcement
officer for the purpose of assisting with the determination of whether to
require a chemical test as authorized under Section 5-16 and the
appropriate type of test to request.  Any chemical test authorized under
Section 5-16 may be requested by the officer regardless of the
result of the preliminary breath screening test if probable cause for an arrest
exists.  The result of a preliminary breath screening test may be used by the
defendant as evidence in any administrative or court proceeding
involving a violation of Section 5-16.
(Source: P.A. 102-538, eff. 8-20-21.)
(625 ILCS 45/5-16c)
Sec. 5-16c. Operator involvement in personal injury or fatal boating accident; chemical tests.
(a) Any person who operates or is in actual physical control of a motorboat within this State and who has been involved in a personal injury or fatal boating accident shall be deemed to have given consent to a breath test using a portable device as approved by the Illinois State Police or to a chemical test or tests of blood, breath, other bodily substance, or urine for the purpose of determining the content of alcohol, other drug or drugs, or intoxicating compound or compounds of the person's blood if arrested as evidenced by the issuance of a uniform citation for a violation of the Boat Registration and Safety Act or a similar provision of a local ordinance, with the exception of equipment violations contained in Article IV of this Act or similar provisions of local ordinances. The test or tests shall be administered at the direction of the arresting officer. The law enforcement agency employing the officer shall designate which of the aforesaid tests shall be administered. Up to 2 additional tests of urine or  other bodily substance may be administered even after a blood or breath test or both has been administered. Compliance with this Section does not relieve the person from the requirements of any other Section of this Act.
(b) Any person who is dead, unconscious, or who is otherwise in a
condition rendering that person incapable of refusal shall be deemed not to
have withdrawn the consent provided by subsection (a) of this Section.  In
addition, if an operator of a motorboat is receiving medical treatment as a
result of a boating accident, any physician licensed to practice
medicine, licensed physician assistant, licensed advanced practice registered nurse, registered nurse, or a phlebotomist acting under the direction of
a licensed physician shall withdraw blood for testing purposes to ascertain
the presence of alcohol, other drug or drugs, or intoxicating
compound or compounds, upon the specific request of a law
enforcement officer. However, this testing shall not be performed until, in
the opinion of the medical personnel on scene, the withdrawal can be made
without interfering with or endangering the well-being of the patient.
(c) A person who is a CDL holder requested to submit to a test under subsection (a) of this Section shall be
warned by the law enforcement officer requesting the test that a refusal to
submit to the test, or submission to the test resulting in an alcohol
concentration of 0.08 or more, or any amount of a drug, substance,
or intoxicating compound
resulting from the unlawful use or consumption of cannabis listed in the
Cannabis Control Act, a controlled substance listed in the Illinois
Controlled Substances Act, an intoxicating compound listed in the Use of
Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act as detected in the person's blood,  other bodily substance, or urine, may
result in the suspension of the person's privilege to operate a motor vehicle and may result in the disqualification of the person's privilege to operate a commercial motor vehicle, as provided in Section 6-514 of the Illinois Vehicle Code. A person who is not a CDL holder requested to submit to a test under subsection (a) of this Section shall be
warned by the law enforcement officer requesting the test that a refusal to
submit to the test, or submission to the test resulting in an alcohol
concentration of 0.08 or more, a tetrahydrocannabinol concentration in the person's whole blood  or other bodily substance as defined in paragraph 6 of subsection (a) of Section 11-501.2 of the Illinois Vehicle Code, or any amount of a drug, substance,
or intoxicating compound
resulting from the unlawful use or consumption of a controlled substance listed in the Illinois
Controlled Substances Act, an intoxicating compound listed in the Use of
Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act as detected in the person's blood, other bodily substance, or urine, may
result in the suspension of the person's privilege to operate a motor vehicle.
The length of the suspension shall be the same as outlined in Section
6-208.1 of the Illinois Vehicle Code regarding statutory summary suspensions.
(d) If the person is a CDL holder and refuses testing or submits to a test which discloses
an alcohol concentration of 0.08 or more, or any amount of a drug,
substance,
or intoxicating compound in the person's blood,  other bodily substance, or urine resulting from the
unlawful use or
consumption of cannabis listed in the Cannabis Control Act, a controlled
substance listed in the Illinois Controlled Substances Act, an
intoxicating
compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act, the law
enforcement officer shall immediately submit a sworn report to the Secretary of
State on a form prescribed by the Secretary of State, certifying that the test or tests
were requested under subsection (a) of this Section and the person refused to submit to a
test or tests or submitted to testing which disclosed an alcohol concentration
of 0.08 or more, or any amount of a drug, substance, or intoxicating
compound
in the
person's blood,  other bodily substance, or urine, resulting from the unlawful use or consumption of
cannabis listed in the Cannabis Control Act, a controlled substance
listed in
the Illinois Controlled Substances Act,
an intoxicating compound listed in
the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act. If the person is not a CDL holder and refuses testing or submits to a test which discloses
an alcohol concentration of 0.08 or more, a tetrahydrocannabinol concentration in the person's whole blood  or other bodily substance as defined in paragraph 6 of subsection (a) of Section 11-501.2 of the Illinois Vehicle Code, or any amount of a drug,
substance,
or intoxicating compound in the person's blood, other bodily substance, or urine resulting from the
unlawful use or
consumption of a controlled
substance listed in the Illinois Controlled Substances Act, an
intoxicating
compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act, the law
enforcement officer shall immediately submit a sworn report to the Secretary of
State on a form prescribed by the Secretary of State, certifying that the test or tests
were requested under subsection (a) of this Section and the person refused to submit to a
test or tests or submitted to testing which disclosed an alcohol concentration
of 0.08 or more, a tetrahydrocannabinol concentration in the person's whole blood  or other bodily substance as defined in paragraph 6 of subsection (a) of Section 11-501.2 of the Illinois Vehicle Code, or any amount of a drug, substance, or intoxicating
compound
in the
person's blood or urine, resulting from the unlawful use or consumption of
a controlled substance
listed in
the Illinois Controlled Substances Act,
an intoxicating compound listed in
the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act.
Upon receipt of the sworn report of a law enforcement officer, the
Secretary of State shall enter the suspension and disqualification to the person's driving record and the
suspension and disqualification shall be effective on the 46th day following the date notice of the
suspension was given to the person.
The law enforcement officer submitting the sworn report shall serve immediate
notice of this suspension on the person and this suspension and disqualification shall be effective
on the 46th day following the date notice was given.
In cases involving a person who is a CDL holder where the blood alcohol concentration of 0.08 or more,
 or any amount
of a drug, substance, or intoxicating compound resulting from the unlawful
use or
consumption of cannabis listed in the Cannabis Control Act, a
controlled
substance listed in the Illinois Controlled Substances Act,
an
intoxicating
compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act, is established by a
subsequent analysis of blood,  other bodily substance, or urine collected at the time of arrest, the
arresting officer shall give notice as provided in this Section or by deposit
in the United States mail of this notice in an envelope with postage prepaid
and addressed to the person at his or her address as shown on the uniform citation and the suspension and disqualification shall be effective on the 46th day following the date
notice was given. In cases involving a person who is not a CDL holder where the blood alcohol concentration of 0.08 or more, a tetrahydrocannabinol concentration in the person's whole blood  or other bodily substance as defined in paragraph 6 of subsection (a) of Section 11-501.2 of the Illinois Vehicle Code,
or any amount
of a drug, substance, or intoxicating compound resulting from the unlawful
use or
consumption of a
controlled
substance listed in the Illinois Controlled Substances Act,
an
intoxicating
compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act, is established by a
subsequent analysis of blood, other bodily substance, or urine collected at the time of arrest, the
arresting officer shall give notice as provided in this Section or by deposit
in the United States mail of this notice in an envelope with postage prepaid
and addressed to the person at his or her address as shown on the uniform citation and the suspension shall be effective on the 46th day following the date
notice was given.
Upon receipt of the sworn report of a law enforcement officer, the Secretary of State
shall also give notice of the suspension and disqualification to the person by mailing a notice of
the effective date of the suspension and disqualification to the person.  However, should the
sworn report be defective by not containing sufficient information or be
completed in error, the notice of the suspension and disqualification shall not be mailed to the
person or entered to the driving record, but rather the sworn report shall be
returned to the issuing law enforcement agency.
(e) A person may contest this suspension of his or her
driving privileges and disqualification of his or her  CDL privileges by
requesting an administrative hearing with the Secretary of State in accordance with
Section 2-118 of the Illinois Vehicle Code.  At the conclusion of a hearing held under
Section 2-118 of the Illinois Vehicle Code, the Secretary of State may rescind, continue, or modify the
orders

of suspension and disqualification.  If the Secretary of State does not rescind the orders of suspension and disqualification, a restricted
driving permit may be granted by the Secretary of State upon application being made and
good cause shown.  A restricted driving permit may be granted to relieve undue
hardship to allow driving for employment, educational, and medical purposes as
outlined in Section 6-206 of the Illinois Vehicle Code.  The provisions of Section 6-206 of
the Illinois Vehicle Code shall apply. In accordance with 49 C.F.R. 384, the Secretary of State may not issue a restricted driving permit for the operation of a commercial motor vehicle to a person holding a CDL whose driving privileges have been suspended, revoked, cancelled, or disqualified.
(f) For the purposes of this Section, a personal injury shall include
any type A injury as indicated on the accident report completed
by a law enforcement officer that requires immediate professional attention
in a doctor's office or a medical facility.  A type A injury shall
include severely bleeding wounds, distorted extremities, and injuries that
require the injured party to be carried from the scene.
(Source: P.A. 102-538, eff. 8-20-21.)
(625 ILCS 45/5-17) (from Ch. 95 1/2, par. 315-12)
Sec. 5-17. 
		
		The Department is authorized and empowered to
establish a system
of regulatory aids on the waters of the State in accordance with United
States Coast Guard specifications and as recommended by the Coast Guard as
a uniform waterway marking system.
(Source: P.A. 82-783.)
(625 ILCS 45/5-18) (from Ch. 95 1/2, par. 315-13)
Sec. 5-18. 
(a) Beginning on January 1, 2016, no person born on or after January 1, 1998, unless exempted by subsection (i), shall operate a motorboat with over 10 horse power unless that person has a valid Boating Safety Certificate issued by the Department of Natural Resources or an entity or organization recognized and approved by the Department.
(b) No person under 10 years of age may operate a
 motorboat.
(c) Prior to January 1, 2016, persons at least 10 years of age and less than 12 years of age
may operate a motorboat with over 10 horse power only if they are accompanied on the motorboat and
under the direct control of a parent or guardian or a person at least 18
years of age designated by a parent or guardian.  Beginning on January 1, 2016, persons at least 10 years of age and less than 12 years of age may operate a motorboat  with over 10 horse power only if the person is under the direct on-board supervision of a parent or guardian who meets the requirements of subsection (a) or a person at least 18 years of age who meets the requirements of subsection (a) and is designated by a parent or guardian.
(d) Prior to January 1, 2016, persons at least 12 years
of age and less than 18 years of age may operate a motorboat with over 10 horse power only if they
are accompanied on the motorboat and under the direct control of a parent
or guardian or a person at least 18 years of age designated by a parent or
guardian, or the motorboat operator is in possession of a Boating Safety
Certificate issued by the Department of Natural Resources,
Division of Law Enforcement, authorizing the holder to operate motorboats. Beginning on January 1, 2016, persons at least 12 years and less than 18 years of age may operate a motorboat with over 10 horse power  only if the person meets the requirements of subsection (a) or is under the direct on-board supervision of a parent or guardian who meets the requirements of subsection (a) or a person at least 18 years of age who meets the requirements of subsection (a) and is designated by a parent or guardian.
(e) Beginning January 1, 2016, the owner of a motorboat or a person given supervisory authority over a motorboat shall not permit a motorboat with over 10 horse power to be operated by a person who does not meet the  Boating Safety Certificate requirements of  this Section.
(f) Licensed boat liveries shall offer abbreviated operating and  safety instruction  covering core boat safety rules to all renters, unless the renter can demonstrate compliance with the Illinois Boating Safety Certificate requirements of this Section, or is exempt under subsection (i) of this Section. A person who completes abbreviated operating and  safety instruction  may operate a motorboat rented from the livery providing the abbreviated operating and  safety instruction  without having a Boating Safety Certificate for up to one year from the date of instruction. The Department shall adopt rules to implement this subsection.
(g) Violations.
(1) A person who is operating a motorboat with over     10 horse power and is required to have a valid Boating Safety Certificate under the provisions of this Section shall present the certificate to a law enforcement officer upon request. Failure of the person to present the certificate upon request is a petty offense.
(2) A person who provides false or fictitious     information in an application for a Boating Safety Certificate; or who alters, forges, counterfeits, or falsifies a Boating Safety Certificate; or who possesses a Boating Safety Certificate that has been altered, forged, counterfeited, or falsified is guilty of a Class A misdemeanor.
(3) A person who loans or permits his or her Boating     Safety Certificate to be used by another person or who operates a motorboat with over 10 horse power  using a Boating Safety Certificate that has not been issued to that person is guilty of a Class A misdemeanor.
(4) A violation of this Section done with the     knowledge of a parent or guardian shall be deemed a violation by the parent or guardian and punishable under Section 11A-1.
(h) The Department of Natural Resources shall
establish a program of instruction on boating safety, laws, regulations and
administrative laws, and any other subject matter which might be related to
the subject of general boat safety.  The program shall be conducted by
instructors certified by the Department of Natural Resources.  The course of instruction for persons certified to teach
boating safety shall be not less than 8 hours in length, and the Department
shall have the authority to revoke the certification of any instructor who
has demonstrated his inability to conduct courses on the subject matter.
The Department of Natural Resources shall develop and provide a method for students to complete the program online. Students satisfactorily completing a program of not less than 8 hours in
length shall receive a certificate of safety from the Department of
Natural Resources.  The
Department may cooperate
with schools, online vendors, private clubs and other organizations in offering boating
safety courses throughout the State of Illinois.
The Department shall issue certificates of boating safety to persons 10
years of age or older successfully completing the prescribed course
of instruction and passing such tests as may be prescribed by the Department.
The Department may charge each person who enrolls in a course of instruction
a fee not to exceed $5.  If a fee is authorized by the Department, the
Department shall authorize instructors conducting such courses meeting
standards established by it to charge for the rental of facilities or for
the cost of materials utilized in the course.  Fees retained by the
Department shall be utilized to defray a part of its expenses to operate
the safety and accident reporting programs of the Department.
(i) A Boating Safety Certificate is not required by:
(1) a person who possesses a valid United States     Coast Guard commercial vessel operator's license or a marine certificate issued by the Canadian government;
(2) a person employed by the United States, this     State, another state, or a subdivision thereof while in performance of his or her official duties;
(3) a person who is not a resident, is temporarily     using the waters of this State for a period not to exceed 90 days, and meets any applicable boating safety education requirements of his or her state of residency or possesses a Canadian Pleasure Craft Operator's Card;
(4) a person who is a resident of this State who has     met the applicable boating safety education requirements of another state or possesses a Canadian Pleasure Craft Operator's Card;
(5) a person who has assumed operation of the     motorboat due to the illness or physical impairment of the operator, and is returning the motorboat or personal watercraft to shore in order to provide assistance or care for that operator;
(6) a person who is registered as a commercial     fisherman or a person who is under the onboard direct supervision of the commercial fisherman while operating the commercial fisherman's vessel;
(7) a person who is serving or has qualified as a     surface warfare officer or enlisted surface warfare specialist in the United States Navy;
(8) a person who has assumed operation of the     motorboat for the purpose of completing a watercraft safety course approved by the Department, the U.S. Coast Guard, or the National Association of State Boating Law Administrators;
(9)  a person using only  an electric motor to propel     the motorboat;
(10) a person operating a motorboat on private     property;
(11) a person over the age of 12 years who holds a     valid certificate issued by another state, a province of the Dominion of Canada, the United States Coast Guard Auxiliary or the United States Power Squadron need not obtain a certificate from the Department if the course content of the program in such other state, province or organization substantially meets that established by the Department under this Section. A certificate issued by the Department or by another state, province of the Dominion of Canada or approved organization shall not constitute an operator's license, but shall certify only that the student has successfully passed a course in boating safety instruction; or
(12)   a person who is temporarily using the waters     of this State for the purpose of participating in a boat racing event sanctioned by the Department of Natural Resources or authorized federal agency. The organizer or holder of the sanctioned event shall possess liability insurance for property damage and bodily injury or death with a minimum benefit of $1,000,000 that shall remain in effect through the entirety of the event.
(j) The Department of Natural Resources shall adopt rules necessary to implement this Section. The Department of Natural Resources shall consult and coordinate with the boating public, professional organizations for recreational boating safety, and the boating retail, leasing, and dealer business community in the adoption of these rules.
(Source: P.A. 98-698, eff. 1-1-15; 99-78, eff. 7-20-15; 99-526, eff. 7-8-16.)
(625 ILCS 45/5-19) (from Ch. 95 1/2, par. 315-14)
Sec. 5-19. 
		Skin diving.
(A) 1. No person may engage in underwater diving or swimming with the use
of swimming fins or skin diving in waters other than marked swimming areas
or within 150 feet of shoreline.
2.  No person may engage in underwater diving or swimming with the use of
self-contained underwater breathing apparatus in waters other than marked
swimming areas, unless the location of such diving or swimming is
distinctly marked by a diver's flag, not less than 12 inches high and 15
inches long, displaying one diagonal white stripe 3 inches wide on a red
background, and of a height above the water so as to be clearly
apparent at
a distance of 100 yards under normal conditions, and so designed and
displayed as to be visible from any point on the horizon.
3.  Except in case of emergency, anyone engaging in such diving or
swimming shall not rise to the surface outside of a radius of 50 feet
from such flag.
4. No person engaged in such diving or swimming shall interfere with the
operation of anyone fishing, nor engage in such diving or swimming in
established traffic lanes; nor shall any person acting alone, or with
another, intentionally or unintentionally block or obstruct any boat in any
manner from proceeding to its destination where a reasonable alternative is
unavailable.  A reasonable alternative route is available when the
otherwise unobstructed boat can proceed to its destination without reducing
its lawful speed, by passing to the right or to the left of a marked diving
operation.
(B) An alternate flag recognized and approved by the United States Coast
Guard may be substituted for the flag required in subsection (A)2 of this
Section.
(C) No watercraft shall be operated within 150 feet of a diving flag
except for watercraft directly associated with that diving activity.
(Source: P.A. 90-655, eff. 7-30-98.)
(625 ILCS 45/5-20)
Sec. 5-20. 
		Unlawful operation at night. 
		Beginning July 1,
1994, no person shall operate a personal watercraft or a specialty prop craft
between the hours of sunset and sunrise.
(Source: P.A. 88-524; 88-670, eff. 12-2-94.)
(625 ILCS 45/5-21)
Sec. 5-21. 
		Passenger location. 
		No person operating a motorboat shall
allow a person in the motorboat to ride or sit on the gunwales, tops of seat
backs, or on the decking over the bow or stern of the motorboat while the
motorboat is underway, unless the person is inboard of guards or rails provided
on the motorboat to prevent passengers from being lost overboard.
Nothing in this Section shall be construed to prohibit entry upon the decking
over the bow or stern of the motorboat for the purpose of anchoring, mooring,
or casting off or some other necessary purpose nor to prohibit customary
practices
while lawfully engaged in commercial fishing under the provisions of the Fish
and Aquatic Life Code or hunting and trapping under the provisions of the
Wildlife Code.
The provisions of this Section shall not apply to the driver of the boat,
a person while fishing or to a person on private property.
(Source: P.A. 90-412, eff. 1-1-98.)
(625 ILCS 45/5-22)
Sec. 5-22. Operation of watercraft upon the approach of an authorized emergency watercraft.
(a) As used in this Section, "authorized emergency watercraft" includes any watercraft operated by the Illinois Department of Natural Resources Police, the Illinois State Police, a county sheriff, a local law enforcement agency, a fire department, a provider of emergency medical services, or the United States Coast Guard, equipped with alternately flashing red, blue, red and white, red and blue, or red in combination with white or blue lights, while engaged in official duties. Any authorized emergency watercraft must be clearly emblazoned with markings identifying it as a watercraft operated by the qualifying agency.
(b) Upon the immediate approach of an authorized emergency watercraft making use of rotating or flashing  visual signals and lawfully making use of a visual signal, the operator of every other watercraft
shall yield the right-of-way and shall immediately reduce the speed of the watercraft, so as not to create a wake, and shall yield way to the emergency watercraft, moving to the right to permit the safe passage of the emergency watercraft, and shall stop and remain in that position until the authorized emergency watercraft has passed, unless otherwise directed by a police officer.
(c) Upon approaching a stationary authorized emergency watercraft, when the
authorized emergency watercraft is giving a signal by displaying rotating or alternately
flashing
red, blue, red and white, red and blue, or red in combination with white or blue  lights, a
person operating an approaching watercraft shall proceed with due caution at no-wake speed and yield the right-of-way by moving safely away from that authorized emergency watercraft, proceeding with due caution at a no-wake speed with due regard to safety and water conditions, maintaining no-wake speed until sufficiently away from the emergency watercraft so as not to create a wake that would otherwise rock or otherwise disturb the authorized emergency watercraft.
(d) This Section shall not operate to relieve the operator of an
authorized emergency watercraft from the duty to operate that watercraft with due regard for the
safety of all persons using the waterway.
(e) A person who violates this Section commits a business
offense punishable by a fine of not less than $100 or more than $10,000.  It is a factor in
aggravation if the person committed the offense while in violation of Section
5-16 of this Act.
(f) If a violation of this Section results in damage to
the
property of another person, in addition to any other penalty imposed,
the person's watercraft operating privileges shall be suspended for a fixed
period of not less than 90 days and not more than one year.
(g) If a violation of this Section results in injury to
another
person, in addition to any other penalty imposed,
the person's watercraft operating privileges shall be suspended for a fixed period of not
less
than 180
days and not more than 2 years.
(h) If a violation of subsection (c) of this Section results in great bodily harm or permanent disability or disfigurement to, or the death of,
another person, in addition to any other penalty imposed,
the person's watercraft operating privileges shall be suspended for 2 years.
(i) The Department of Natural Resources shall, upon receiving a record of a judgment
entered against a person under this Section:
(1) suspend the person's watercraft operating     privileges for the mandatory period; or
(2) extend the period of an existing suspension by     the appropriate mandatory period.
(Source: P.A. 102-538, eff. 8-20-21.)
(625 ILCS 45/5-23)
Sec. 5-23. Transportation of aquatic plants and animals; placement of objects in navigable waters.
(a) No person may place or operate a vehicle, seaplane, watercraft, or other object of any kind in waters of this State if it has any aquatic plants or aquatic animals attached to the exterior of the vehicle, seaplane, watercraft, or other object. This Section does not require a person to remove aquatic plants or aquatic animals from a vehicle, seaplane, watercraft, or other object during the period of time when the vehicle, seaplane, watercraft, or other object is being operated in the same navigable body of water in which the aquatic plants or aquatic animals became attached.
(b) No person may take off with a seaplane, or transport or operate a vehicle, watercraft, or other object of any kind on a highway with aquatic plants or aquatic animals attached to the exterior of the seaplane, vehicle, watercraft, or other object.
(c) A law enforcement officer who has reason to believe that a person is in violation of this Section may order the person to:
(i) remove aquatic plants or aquatic animals from a     vehicle, seaplane, watercraft, or other object of any kind before placing it in a navigable water;
(ii) remove aquatic plants or aquatic animals from a     seaplane before taking off with the seaplane;
(iii) remove from, or not place in, a navigable     water, a vehicle, seaplane, watercraft, or other object of any kind; or
(iv) not take off with a seaplane, or transport or     operate a vehicle, watercraft, or other object of any kind on a highway.
(d)
No person may refuse to obey the order of a law enforcement officer acting under subsection (c) of this Section.
(e) This Section does not prohibit a person from:
(i) transporting or operating a vehicle, seaplane,     watercraft, or other object of any kind with duckweed that is incidentally attached to the exterior of the vehicle, seaplane, watercraft, or other object; or
(ii) transporting or operating commercial aquatic     plant harvesting equipment that has aquatic plants or animals attached to the exterior of the equipment, if the equipment is owned or operated by a local governmental unit, is being transported or operated for the purpose of cleaning the equipment to remove aquatic plants or animals, and is being transported to or operated at a suitable location away from any body of water.
(f) The Department shall prepare a notice that contains a summary of the provisions under this Section and shall make copies of the notice available to persons required to post the notice under subsection (g) of this Section.
(g) Each owner of a public boat access site shall post and maintain the notice described in subsection (f) of this Section. For purposes of this Section, a "public boat access site" means a site that provides access to a navigable water for boats and that is open to the general public for free or for a charge or that is open only to certain groups of persons for a charge.
(Source: P.A. 97-850, eff. 1-1-13.)