New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 17 - NAVIGATION AND BOATING › Part 4 - BOATING SAFETY EDUCATION › Section 18.17.4.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Approved course
				provider" means a division-approved person or organization that provides a
				NASBLA approved and state certified boating safety course and exam.
B. "Boater education card" means a
				division-issued document certifying that the person named on the document has
				established proof of competency and is authorized to operate a boat in New
				Mexico.
C. "Boating safety course"
				means a NASBLA approved division-certified course of instruction that concludes
				with an examination containing at least 50 questions including a minimum of 10
				specific questions about New Mexico boating laws.
D. "Certificate" means a boating education
				safety certificate issued by the United States power squadrons, United States
				coast guard auxiliary, the division or other approved course provider as
				evidence of successful completion of a boating safety course or correspondence
				internet course.
E. "Correspondence
				internet course" means a boating safety course and examination the division or
				approved course provider offers on the internet that allows individuals who are
				unable to participate in person in a boating safety course a means providing
				proof of competency. The exam shall be composed of at least 50 questions on
				boating plus a minimum of 10 specific questions that cover laws and other
				issues pertaining to boating in New Mexico. The exam shall be randomly selected
				from a database with a minimum of 150 questions; and questions shall address
				each of the key areas of general boat information, national and New Mexico
				specific boating laws, boat operation, preparation and trailering, legal
				requirements and boating emergencies.
F. "Department" means the energy, minerals
				and natural resources department.
G. "Division" means the energy, minerals and
				natural resources department, state parks division.
H. "Dockside safety checklist" means a
				division-provided document that consists of selected facts about New Mexico
				boating laws that a rental or livery agent that rents or leases motorboats for
				a period that does not exceed 30 days shall provide to each authorized
				motorboat operator of a leased or operated motorboat, which each authorized
				motorboat operator shall read and sign.
I. "Equivalency exam" means a
				division-created exam containing at least 50 questions on boating plus a
				minimum of 10 specific questions that cover laws and other issues pertaining to
				boating in New Mexico, which is intended to provide experienced boaters with an
				opportunity to meet the minimum boating education safety standard without
				taking boating safety course.
J.
				"Minimum standard of boating safety education competency" means a
				division-established proficiency standard, based on NASBLA standards, that
				determines whether an applicant for a boating education card has successfully
				completed a boating safety or correspondence internet course or an equivalency
				exam.
K. "Motorboat" means any
				vessel propelled by machinery, whether or not machinery is the principal source
				of propulsion, but does not include a vessel that has a valid marine document
				issued by the United States bureau of customs or any federal agency successor
				thereto; motorboat includes any vessel propelled or designed to be propelled by
				sail and that does not have a valid document issued by a federal agency, but
				does not include a sailboard or windsurf board.
L. "NASBLA" means the national association of
				state boating law administrators.
M. "Operate" or "Operating" means to navigate
				or otherwise control a motorboat's movement including control of the
				motorboat's propulsion system.
N.
				"Operator" means the person who navigates or is otherwise in control or in
				charge of the motorboat's movement, including control of the motorboat's
				propulsion system.
O. "Person"
				means an individual, partnership, firm, corporation, association, joint venture
				or other entity.
P. "Proof of
				competency" means evidence of having met the minimum standard for boating
				safety education competency as determined by the division.
Q. "Rental agent" means the owner, or an
				employee of or person authorized to act for the owner, of a business that rents
				or leases motorboats for a period not exceeding 30 days.
R. "Rental motorboat" means a motorboat owned
				by a person that rents or leases motorboats for a period not exceeding 30 days
				and for which there is a written and signed rental, charter or lease agreement
				for the motorboat.
S. "Replacement
				boater education card" means a boater education card the division provides to a
				person who the division has already issued a boater education card and who has
				applied for the replacement of a boater education card that has been lost,
				damaged, stolen or otherwise needs replacement.
T. "Vessel" means every description of
				watercraft, other than a seaplane, used or capable of being used as a means of
				transportation on the water.
U.
				"Waters of the state" means any waters within the state's
				jurisdiction.