Washington Administrative Code › Title 352 - Parks and Recreation Commission › Chapter 352-78 - Boating safety education program › Section 352-78-020 - What do the words and phrases in this chapter mean?

Current through Register Vol. 24-14, July 15, 2024
When used in this chapter, the following words and phrases
			shall have the meanings designated in this section unless a different meaning
			is expressly provided or unless the context clearly indicates otherwise.
(1) "Accredited boating safety course" means
		  a National Association of State Boating Law Administrators (NASBLA) and
		  commission-approved course of instruction that concludes with an examination
		  containing at least fifty questions plus a minimum of ten questions specific
		  about Washington boating laws.
(2)
		  "Accredited boating safety course provider" is a person or organization that
		  provides a NASBLA-approved boating safety course or equivalency exam and has
		  been accredited by the commission.
(3) "Aquatic invasive species" means a
		  nonnative species that threatens the diversity or abundance of native species
		  or the ecological stability of infested waters, or commercial, agricultural,
		  aquacultural, or recreational activities dependent on such waters.
(4) "Bill of sale" is a document showing date
		  of vessel purchase.
(5) "Boater" is
		  any person on a vessel on the waters of the state of Washington;
(6) "Boater education card" means a card
		  issued to a person who has successfully completed a boating safety education
		  test and has paid the registration fee for a serial number record to be
		  maintained in the commission's data base.
(7) "Boating educator" means a person
		  providing an accredited course.
(8)
		  "Certificate of accomplishment" means a form provided by the commission and
		  issued by a boating educator to a person who has successfully completed an
		  accredited boating safety course. An official card or certificate issued by the
		  United States Coast Guard Auxiliary or United States Power Squadrons to a
		  person for successful completion of their boating safety education course is
		  also recognized by the commission as a certificate of accomplishment.
(9) "Correspondence course and self-test"
		  means a boating safety course and examination approved by the commission that
		  allows individuals who are unable to participate in a boating safety class or
		  equivalency exam a means of providing proof of competency.
(10) "Commission" means the Washington state
		  parks and recreation commission.
(11) "Direct supervision" occurs when a
		  person possessing or exempt from having to possess a boater education card
		  maintains close visual and verbal contact with, provides adequate direction to,
		  and can immediately assume control of a motor vessel from an operator of a
		  motor vessel who is allowed to operate a motor vessel without a boater
		  education card.
(12) "Equivalency
		  exam" is an exam created by the commission containing at least fifty questions
		  plus a minimum of ten specific questions that cover laws and other issues
		  pertaining to boating in Washington. The equivalency exam is intended to
		  provide experienced boat operators with the opportunity to meet the minimum
		  standard of boating safety education without having to take a boating safety
		  course.
(13) "Motor vessel" means
		  all boats and vessels which are propelled by machinery.
(14) "Motor vessel safety operating and
		  equipment checklist" means a printed list of the safety requirements for the
		  operator of a vessel with a motor installed or attached to the vessel being
		  rented, chartered, or leased and meeting minimum requirements adopted by the
		  commission.
(15) "Minimum standard
		  of boating safety accomplishment" means a standard of proficiency established
		  by the commission based on the standards set by the NASBLA that determines
		  whether an applicant for a boater education card has met or exceeded the
		  requirements of a boating safety course, equivalency exam or correspondence
		  course and self-test.
(16) "NASBLA"
		  means National Association of State Boating Law Administrators.
(17) "Operator" means an individual who
		  steers, directs, or otherwise has physical control of a vessel that is underway
		  or exercises actual authority to control the person at the helm.
(18) "Owner" means a person who has a lawful
		  right to possession of a vessel by purchase, exchange, gift, lease,
		  inheritance, or legal action whether or not the vessel is subject to a security
		  interest.
(19) "Proctor" is a
		  member of the United States Coast Guard Auxiliary, United States Power
		  Squadrons, public official including county sheriff's deputy, city police
		  officer, and/or other individual authorized by the commission to provide an
		  accredited boating safety course or equivalency exam.
(20) "Proof of accomplishment" means evidence
		  of having met the minimum standard for boating safety education accomplishment
		  as determined by the commission.
(21) "Person" means any individual, sole
		  proprietorship, partnership, corporation, nonprofit corporation or
		  organization, limited liability company, firm, association, or other legal
		  entity located within or outside this state.
(22) "Rental agent" means any person who is
		  authorized to act for the owner or employer of a recreational motor vessel
		  rental or leasing agency.
(23)
		  "Rental motor vessel" means a motor vessel that is legally owned by a person
		  that is registered as a rental and leasing agency for recreational motor
		  vessels, and for which there is a written and signed rental, charter, or lease
		  agreement between the owner, or owner's agent, of the vessel and the operator
		  of the vessel.
(24) "Replacement
		  boater education card" means a boater education card provided to a person who
		  has already been issued a boater education card and has applied for a
		  replacement of the card that has been lost, damaged, stolen, or otherwise is in
		  need of replacement.
(25) "Vessel"
		  means every description of watercraft used or capable of being used as a means
		  of transportation on the water, other than a seaplane.
(26) "Vessel registration" means a document
		  issued by the department of licensing showing that all taxes and fees have been
		  paid and acts as a permit for the vessel to be used on the waters of the
		  state.
(27) "Waters of the state"
		  means any waters within the territorial limits of Washington state.
Statutory Authority:
			  RCW
			  79A.05.310, chapter 79A.60 RCW and 2005 c
			  392, §§ 1 through 5 codified in chapter 79A.60 RCW. 05-23-128, §
										352-78-020, filed 11/21/05,
			  effective 12/22/05.