Existing law defines the term “motorboat” to mean any vessel propelled by machinery. (NRS 488.035) Existing law: (1) requires, with certain exceptions, a motorboat to be numbered and titled; (2) establishes requirements for obtaining such a number or a certificate of ownership, transferring of the title of or any interest in a motorboat and perfecting security interest in a motorboat; and (3) establishes certain other requirements governing the equipment and operation of a motorboat. (NRS 488.065-488.1827, 488.187, 488.193, 488.195, 488.580, 488.585) Sections 8-10, 16-19, 22, 23, 37, 38 and 48 of this bill replace the term “motorboat” with the term “power-driven vessel.” Sections 8 and 22 also standardize terminology used to refer to sailing vessels and human-powered vessels. Section 8 specifically includes a mechanically propelled personal hydrofoil, a motorized surfboard and a vessel equipped with both a sail and a motor within the definition of “power-driven vessel,” thereby clarifying that such vessels are subject to requirements governing power-driven vessels. However, section 23 exempts a mechanically propelled personal hydrofoil or a motorized surfboard from the requirement that a power-driven vessel must be equipped with certain fire extinguishers. Section 8 also: (1) includes a governmental entity within the definition of “person,” thereby requiring a governmental entity to comply with certain provisions governing watercraft that currently apply to persons; and (2) defines certain other terms relating to watercraft. Sections 25 and 26 of this bill remove duplicative terminology. Sections 9, 11-16 and 20 of this bill require a sailing vessel to be numbered under similar conditions as currently apply to the numbering of power-driven vessels. Section 8 includes within the definition of the term “owner” a person, other than secured party, who has a property right with regard to a human-powered vessel. Section 8 thus makes such a person responsible for the vessel for purposes including abandonment, operation and, in combination with sections 9, 11-16 and 20, numbering. (NRS 488.291, 488.293, 488.600) Section 21 of this bill expands the class categories prescribed by existing law for power-driven vessels to apply to all vessels. Existing law: (1) prohibits a person, other than a peace officer engaged in law enforcement activities, from displaying a flashing blue light or a flashing red light on a vessel operating on the waters of this State; and (2) requires a peace officer to seize, or cause to be seized, such a light installed or operated on such a vessel. (NRS 488.187) Section 22 removes that requirement and instead authorizes a peace officer to seize, or cause to be seized, such a light. Section 22 also authorizes a peace officer engaged in public safety activities that do not also constitute law enforcement activities to display a flashing blue light. Existing federal law requires each vessel to be equipped with a certain number of life jackets and ring life buoys. (46 C.F.R. §§ 180.70, 180.71) Sections 23, 36 and 37 of this bill revise terminology used in existing law to conform more closely to terminology used in those federal regulations. Existing law authorizes a game warden, sheriff or other peace officer to remove a vessel from a public waterway under certain conditions. (NRS 488.293) Section 24 of this bill additionally authorizes the game warden, sheriff or other peace officer to order the removal of such a vessel, thereby clarifying that such a peace officer is not required to personally remove the vessel. Section 24 also authorizes such a peace officer to remove or order the removal of a vessel that has been left unattended and adrift, moored, docked, beached, run aground, trailered or made fast to land in such a position as to interfere with navigation, in such a condition as to create a hazard or in a location owned or administered by a public entity. Existing law prohibits a person from operating or being in actual physical control of a vessel under power or sail while the person meets certain criteria for being under the influence of alcohol or a prohibited substance. (NRS 488.410, 488.420) Existing law also provides that a person is guilty of homicide by vessel if the person: (1) meets certain criteria for being under the influence of alcohol or a prohibited substance; (2) operates or is in actual physical control of a vessel under power or sail; (3) proximately causes the death of another person; and (4) has previously been convicted of at least three offenses relating to the operation of a vessel under power or sail while under the influence of alcohol or a prohibited substance. (NRS 488.425) For the purposes of these crimes, sections 27-29 of this bill prohibit a person from operating or being in actual physical control of a power-driven vessel or sailing vessel under way when the person is under the influence of alcohol or a prohibited substance, regardless of the manner in which the vessel is actually propelled. Sections 1-4, 30-35 and 40-47 of this bill make conforming changes to provisions that refer to those offenses. Existing federal law requires a person operating certain recreational vessels to use an engine cut-off switch, which stops the engine of the vessel if activated, under certain circumstances. (46 U.S.C. § 4312) Existing law prohibits a person who owns or controls a power-driven vessel that is equipped with an engine cut-off switch from operating or authorizing another person to operate the power-driven vessel above certain speeds if: (1) the engine cut-off switch is missing, disconnected or not operating properly; or (2) the engine-cut off switch link is not attached to his or her body, clothing or personal flotation device. (NRS 488.585) Section 38: (1) requires a person who operates a recreational power-driven vessel covered by federal law to use the engine-cut off switch link when the vessel is on plane or above displacement speed; and (2) prohibits the operation of such a vessel that is equipped with an engine cut-off switch unless the engine cut-off switch link is attached to the body, clothing or properly worn personal flotation device of the operator. Existing law provides that any violation of a provision of state law governing the use of a watercraft is a misdemeanor unless otherwise stated. (NRS 488.950) Section 39 of this bill revises this penalty to instead provide that, except where otherwise stated, a person commits a misdemeanor if the person: (1) performs an act or attempts to perform an act prohibited by state law relating to the use of a watercraft; (2) willfully fails to perform an act required by state law relating to the use of a watercraft; or (3) violates an order issued or regulation adopted by the Board of Wildlife Commissioners pursuant to state law relating to the use of a watercraft. If a person violates any provision of state law governing the use of a watercraft, existing law authorizes a court to prohibit the person from operating a power-driven vessel on the interstate waters of this State until the person successfully completes a course in safe boating. Section 39 also expands the authority of a court by authorizing the court to prohibit a person who commits such a violation from operating any vessel on the interstate waters of this State until the person completes such a course.

Statutes affected:
As Introduced: 484A.774, 484A.780, 484A.798, 484C.360, 488.035, 488.065, 488.075, 488.085, 488.105, 488.125, 488.145, 488.165, 488.175, 488.1793, 488.1795, 488.1813, 488.1827, 488.185, 488.187, 488.193, 488.291, 488.305, 488.400, 488.410, 488.420, 488.425, 488.450, 488.460, 488.480, 488.490, 488.500, 488.520, 488.575, 488.580, 488.585, 488.950, 50.325, 62E.620, 178.484, 458.260, 458.270, 501.356, 678C.300, 678D.300
Reprint 1: 484A.774, 484A.780, 484A.798, 484C.360, 488.035, 488.065, 488.075, 488.085, 488.105, 488.125, 488.145, 488.165, 488.175, 488.1793, 488.1795, 488.1813, 488.1827, 488.185, 488.187, 488.193, 488.291, 488.305, 488.400, 488.410, 488.420, 488.425, 488.450, 488.460, 488.480, 488.490, 488.500, 488.520, 488.575, 488.580, 488.585, 488.950, 50.325, 62E.620, 178.484, 458.260, 458.270, 678C.300, 678D.300
As Enrolled: 484A.774, 484A.780, 484A.798, 484C.360, 488.035, 488.065, 488.075, 488.085, 488.105, 488.125, 488.145, 488.165, 488.175, 488.1793, 488.1795, 488.1813, 488.1827, 488.185, 488.187, 488.193, 488.291, 488.305, 488.400, 488.410, 488.420, 488.425, 488.450, 488.460, 488.480, 488.490, 488.500, 488.520, 488.575, 488.580, 488.585, 488.950, 50.325, 62E.620, 178.484, 458.260, 458.270, 678C.300, 678D.300