The following information is a compilation of information to help explain Oregon's new Mandatory Boater Education bill, HB 2977, passed by the Oregon Legislature in June. It is important to note that while the bill becomes law in October, NO CERTIFICATES WILL BE REQUIRED UNTIL AFTER 2001. Read further for details. E-mail the Marine Board at marine.board@state.or.us if you have questions.

• Governor To Sign Boater Education Bill
• Governor Signs Mandatory Boater Education Bill
• Q&A - Mandatory Education for Oregon Boaters
• Want to learn about safe boating?
• Oregon and U.S. Statistics - Registered Boats / Boating Fatalities
• HB 2977 - Mandatory Boater Education - The actual bill

Governor To Sign Boater Education Bill

Overview of HB 2977

Important: This law gives the Marine Board until January 2001 to develop the program, then allows a generous phase in period focusing first on high-risk boating groups. The first user groups will likely be required to have certification beginning in January 2003, with remaining users phased in by the end of the decade. NO CERTIFICATES WILL BE REQUIRED UNTIL AFTER 2001.
 

Enclosed in this package is HB 2977, a Question and Answer sheet and additional information to help you understand this bill. If you have any questions, please contact Marty Law (503) 373-1405 x241, or Randy Henry x247 at any time. While generally supported by the boating public, some people are confused about phase-in of the requirements, and some believe they will need their certificate this fall when the law goes into effect. Please help correct this perception. Our goal at the Marine Board is to offer adequate time and generous opportunity to obtain the needed certificate.

Governor Signs Mandatory Boater Education Bill

The Oregon State Marine Board, charged with implementing the law, will assemble a working group this fall to develop the program's details. The law gives the Marine Board until January 2001 to develop the program, then allows a generous phase in period focusing first on high-risk boating groups. The first user groups will likely be required to have certification beginning in January 2003, with remaining users phased in by the end of the decade. No certificates will be required until after 2001.

"Our priority is safety," said Marine Board Director Paul Donheffner. "As Oregon's waterways become increasingly crowded, it is more important that boaters have a good understanding of boating laws, rules of the road and boating courtesy. This new law is an educational tool that will help keep boating safe in Oregon."

The number of registered boats in Oregon has increased 60 percent since 1978 to nearly 200,000. In addition, boats have become larger, faster and more powerful. Oregon is not the first state to respond to this growth by instituting mandatory education - 20 other states and Canada have enacted some type of boater education program in recent years.

"Our goal is to make certification as easy and convenient as possible," said Donheffner, "while effectively teaching boaters to be safe, courteous and responsible. We expect up to 250,000 people to go through this program in the next decade. We will work closely with our existing partners, such as the U.S. Coast Guard Auxiliary and the U.S. Power Squadrons, to conveniently deliver this program to people throughout Oregon."

Q&A - Mandatory Education for Oregon Boaters

Q. What is "mandatory education" for boaters?

It requires boaters to take a course on basic boating skills and pass a test to demonstrate basic boating knowledge. Upon passing a test, the boater would receive a certificate and would be required to carry proof of certification when operating a craft with more than 10 horsepower.

Q. Why is this legislation necessary?

Safety is the primary concern, to reduce accidents, injuries, deaths, and property damage and to reduce conflict on the state's waterways as well. There are more variables on the water than on highways; for example, weather, waves, tides or currents. And unlike highways, the waterways have no traffic lanes. The number of registered Oregon boats has grown by 60 percent since 1978. There are greater varieties of craft, faster and more powerful, and many are operated by inexperienced boaters. More than 90 percent of all motorized accidents are in boats with more than 10 horsepower.

Q. Who will be affected?

People age 12 and up when operating craft with greater than 10 horsepower.

• A person age 12-15 who possesses a boating safety certificate may operate a boat of 10 hp or less alone.
• A person age 12-15 who possesses a boating safety certificate may operate a boat of more than 10 hp if accompanied by an adult 18 or older who possesses a boating safety certificate.
• A person age 16 and up who possesses a boating safety certificate may operate a power boat of any size alone.

The Marine Board must now establish a working group to develop the rules to implement HB 2977. The first rules will be implemented in January of 2001. The education requirements will then be phased in by the end of the decade, focusing on the high-risk groups first.

Q. Who will teach all these people?

The State Marine Board will administer the program but will rely heavily on volunteer instructors from organizations such as U.S. Coast Guard Auxiliary and U.S. Power Squadrons, which already teach boating classes. Private classes will also be allowed, provided they meet minimum national standards.

Q. What will it cost the boater?

The bill calls for a one-time fee of not more than $10 for the certificate. Funds will go into boater education, creating a database and producing certificates.

Boaters might also need to pay for a class; costs are usually minimal when taking a volunteer-sponsored class. The private sector may also fill the need for classes.

Q. Who will be exempt?

• Out-of-state and foreign visitors bringing a boat to Oregon for a period up to 60 days.
• Visitors who have completed a mandatory education program in another state.
• Residents who can show proof they have previously completed a course approved by National Association of State Boating Law Administrators (NASBLA).
• Boaters holding a Coast Guard boat operator license.

They may take an equivalency exam and, if they pass, will receive certification without going through a course.

Q. How about new boat buyers and renters?

Buyers will get a temporary exemption, valid for up to 60 days. Renters will be exempted but must complete a dockside safety check.

Q. What will the course be?

Any boating safety course that is NASBLA-approved would probably be accepted.

Q. What's the difference between mandatory education and boater licensing?

Unlike a license, an education can't be revoked or suspended. A license is more of an enforcement tool; this focuses on education and boating skills.

Q. Has this been tried anywhere else?

More than 20 states now have some form of mandatory boater education, including Connecticut, Florida, Maryland, Ohio and Texas. On a national level, Canada has a mandatory education program administered by the Canadian Coast Guard.

There is support for mandatory education from NASBLA, the U.S. Coast Guard Auxiliary, National Transportation Safety Board, the Personal Watercraft Industry Association and almost every national boating organization.

Q. What if I have more questions?

Many details still have to be worked out. The Marine Board will develop a detailed program, with rules adopted no later than Dec. 31, 2000.

Meanwhile, you can mail comments to the Marine Board at P.O. Box 14145, Salem, OR 97309-5065. For Internet access, check the agency web page www.osmb.state.or.us; e-mail comments to marine.board@state.or.us.

Want to learn about safe boating?

Two main organizations provide boating training in Oregon - the U.S. Coast Auxiliary and the U.S. Power Squadrons. Their volunteers teach boating classes in various locations across Oregon. Classes are usually free but there is a charge of $20-$25 for materials. Most classes are held in the fall or winter, but a few are held each spring and summer.

To find out more about classes, call:

• a national toll-free number 1-800-336-BOAT
• the Oregon State Marine Board at (503) 378-8587
• or check the Marine Board web page at www.osmb.state.or.us

Some park districts, clubs and college outdoor programs also offer instruction on sailing, canoeing and rafting.

###

HB 2977 - Mandatory Boater Education

NOTE: Matter within { + braces and plus signs + } in an

amended section is new. Matter within { - braces and minus

signs - } is existing law to be omitted. New sections are within

{ + braces and plus signs + } .



LC 2361

(To Resolve Conflicts)

C-Engrossed



House Bill 2977

Ordered by the Senate June 4

Including House Amendments dated March 25 and April 28 and Senate

Amendments dated June 4 to resolve conflicts



Sponsored by Representative MANNIX, Senator COURTNEY (at the

request of Oregon Marine Board)



SUMMARY

The following summary is not prepared by the sponsors of the

measure and is not a part of the body thereof subject to

consideration by the Legislative Assembly. It is an editor's

brief statement of the essential features of the measure.



Creates boating operator's permit program. Requires boating

operator's permit to operate motorboats with engine greater than

10 horsepower. Punishes violation by maximum of $75 fine.



Requires court to suspend fine if defendant appears and agrees to

complete safe boating education course.



A BILL FOR AN ACT

Relating to boating; creating new provisions; and amending ORS

153.440 and 830.990.

Whereas the Legislative Assembly finds that the growth in

recreational boating and increased speed and congestion on

Oregon's waterways make necessary development and implementation

of a mandatory boater education program to prevent boating

accidents and reduce use conflicts; now, therefore,

Be It Enacted by the People of the State of Oregon:

SECTION 1. { + Sections 2 to 11 of this 1999 Act are added to

and made a part of ORS chapter 830. + }

SECTION 2. { + The State Marine Board shall establish and

implement a program to provide mandatory boater safety

education. + }

SECTION 3. { + In establishing the mandatory boater safety

education program pursuant to section 2 of this 1999 Act, the

State Marine Board shall:

(1) Set a minimum standard of boating safety education

competency. The standard shall be consistent with the applicable

standard established by the National Association of State Boating

Law Administrators. The board may update the minimum standard of

competency as necessary.

(2) Create a boating safety course of instruction and

examination designed to educate and test for the minimum standard

of safety established pursuant to subsection (1) of this section.

(3) Create an equivalency exam that may substitute for taking

the boating safety course.

(4) Incorporate volunteer boating safety education programs to

the maximum extent possible.

(5) Allow use of commercially provided education courses,

provided they meet the standards adopted by the board.

(6) Accept proof of prior completion of any approved course as

meeting the requirement for an education course.

(7) Establish a fee for the certificate that may not exceed

$10.

(8) Establish a temporary education certificate that is valid

for 60 days and issued in conjunction with a temporary

certificate of number for newly acquired boats.

(9) Promote the fact that insurance discounts of 10 percent to

15 percent are widely available for taking a boating course that

meets the minimum standards established pursuant to subsection

(1) of this section. + }

SECTION 4. { + A person may obtain a boating safety education

certificate if the person:

(1) Is at least 12 years of age;

(2) Passes the boating safety course and examination, or the

equivalency exam, as described in section 3 of this 1999 Act, or

submits proof to the satisfaction of the State Marine Board that

the person has taken a course that is substantively equivalent to

the course described in section 3 of this 1999 Act; and

(3) Pays the fee required by the board. + }

SECTION 5. { + A person 12 to 15 years of age with a boating

safety certificate may operate a motorboat with an engine of 10

horsepower or less. In addition, a person 12 to 15 years of age

with a boating safety certificate may operate a motorboat with an

engine greater than 10 horsepower if accompanied by and under the

direct supervision of a parent, guardian or responsible person 16

years of age or older who possesses a boating safety

certificate. + }

SECTION 6. { + A person may operate a motorboat with an engine

greater than 10 horsepower if the person:

(1)(a) Is at least 16 years of age; and

(b) Obtains a boating safety certificate pursuant to section 4

of this 1999 Act; or

(2) Is accompanied by and under the direct supervision of a

person 16 years of age or older who has obtained a boating safety

certificate pursuant to section 4 of this 1999 Act. + }

SECTION 7. { + A boating safety education certificate is not

required if a person:

(1) Is at least 16 years of age and rents a motorboat with an

engine greater than 10 horsepower and completes a required

dockside safety checklist before operating the boat;

(2) Possesses a current commercial fishing license as required

by ORS 508.235;

(3) Possesses a valid United States Coast Guard commercial

motorboat operator's license;

(4) Is not a resident of this state and does not operate a boat

with an engine greater than 10 horsepower in Oregon waters for

more than 60 consecutive days;

(5) Is not a resident of this state, holds a current

out-of-state boating safety education certificate and has the

out-of-state certificate in the person's possession;

(6) Holds a temporary certificate as described under section 3

of this 1999 Act; or

(7) Is not yet required to have a certificate under the

phase-in program developed by the State Marine Board pursuant to

section 9 of this 1999 Act. + }

SECTION 8. { + A person shall carry a boating safety education

certificate on the boat while operating a motorboat, as required,

and shall present the certificate to a peace officer upon request

by the peace officer. + }

SECTION 9. { + The State Marine Board shall phase in the

mandatory boating education program within 10 years from the

effective date of this 1999 Act. In developing a phase-in

program, the board shall consider factors that include but are

not limited to operator age, types of high-risk boats and the

geographic availability and frequency of volunteer courses. The

board shall phase in the program with the youngest operators and

those of highest risk at the beginning of the phase-in. + }

SECTION 10. { + The State Marine Board shall submit a progress

report on the boating education program to the Seventy-first

Legislative Assembly. + }

SECTION 11. { + The State Marine Board shall first adopt rules

to implement the mandatory boating safety education program

pursuant to section 2 of this 1999 Act before December 31,

2000. + }

SECTION 12. ORS 153.440 is amended to read:

153.440. (1) Except as otherwise provided in the statute

defining the offense, the penalty for committing a boating

infraction shall be a fine only.

(2) Boating infractions are classified for the purpose of

sentence into the following categories:

(a) Class A boating infractions; { - and - }

(b) Class B boating infractions { + ; and

(c) Class C boating infractions + }.

(3) A sentence to pay a fine for a boating infraction shall be

a sentence to pay an amount not exceeding:

(a) $1,395 for a Class A boating infraction.

(b) $350 for a Class B boating infraction. { +

(c) $75 for a Class C boating infraction. + }

SECTION 12a. { + If Senate Bill 20 becomes law, section 12 of

this 1999 Act (amending ORS 153.440) is repealed. + }

SECTION 13. ORS 830.990 is amended to read:

830.990. { + (1) A person who violates one of the following

provisions of this chapter commits a Class C boating infraction:

sections 5, 6, 7 and 8 of this 1999 Act. + }

{ - (1) - } { + (2) + } A person who violates one of the

following provisions of this chapter commits a Class B boating

infraction: ORS 830.050, 830.110, 830.175, 830.180, 830.185,

830.195, 830.210, 830.215, 830.220, 830.225, 830.230, 830.235,

830.240, 830.245, 830.250, 830.260, 830.300, 830.315 (2) and (3),

830.335, 830.340, 830.345, 830.350, 830.355, 830.360, 830.365,

830.370, 830.375, 830.410, 830.415, 830.420, 830.475 (4),

830.480, 830.495, 830.710, 830.720, 830.770, 830.775, 830.780,

830.785, 830.795, 830.805, 830.810, 830.825, 830.830, 830.850,

830.855 and 830.905.

{ - (2) - } { + (3) + } A person who violates one of the

following provisions of this chapter commits a Class A

infraction: ORS 830.305 and 830.390 and rules adopted thereunder.

{ - (3) - } { + (4) + } A person who violates the following

provision of this chapter commits a Class B misdemeanor: ORS

830.383.

{ - (4) - } { + (5) + } A person who violates one of the

following provisions of this chapter commits a Class A

misdemeanor: ORS 830.035 (2), 830.315 (1), 830.325, 830.475 (1),

830.730 and 830.955 (1).

{ - (5) - } { + (6) + } A person who violates ORS 830.475

(2) commits a Class C felony.

SECTION 13a. { + If Senate Bill 20 becomes law, section 13 of

this 1999 Act (amending ORS 830.990) is repealed and ORS 830.990,



as amended by section 95, chapter ___, Oregon Laws 1999 (Enrolled

Senate Bill 20), is amended to read: + }

830.990. { + (1) A person who violates one of the following

provisions of this chapter commits a Class D violation: sections

5, 6, 7 and 8 of this 1999 Act. + }

{ - (1) - } { + (2) + } A person who violates one of the

following provisions of this chapter, or any rule adopted by the

State Marine Board pursuant to those provisions, commits a Class

B violation: ORS 830.050, 830.110, 830.175, 830.180, 830.185,

830.195, 830.210, 830.215, 830.220, 830.225, 830.230, 830.235,

830.240, 830.245, 830.250, 830.260, 830.300, 830.315 (2) and (3),

830.335, 830.340, 830.345, 830.350, 830.355, 830.360, 830.365,

830.370, 830.375, 830.410, 830.415, 830.420, 830.475 (4),

830.480, 830.495, 830.710, 830.720, 830.770, 830.775, 830.780,

830.785, 830.795, 830.805, 830.810, 830.825, 830.830, 830.850,

830.855 and 830.905.

{ - (2) - } { + (3) + } A person who violates one of the

following provisions of this chapter commits a Class A violation:

ORS 830.305 and 830.390 and rules adopted thereunder.

{ - (3) - } { + (4) + } A person who violates the following

provision of this chapter commits a Class B misdemeanor: ORS

830.383.

{ - (4) - } { + (5) + } A person who violates one of the

following provisions of this chapter commits a Class A

misdemeanor: ORS 830.035 (2), 830.315 (1), 830.325, 830.475 (1),

830.730 and 830.955 (1).

{ - (5) - } { + (6) + } A person who violates ORS 830.475

(2) commits a Class C felony.

SECTION 14. { + In any proceeding for a violation of section

5, 6, 7 or 8 of this 1999 Act, the court shall conditionally

suspend all or part of the fine to be imposed on the defendant if

the defendant appears personally and agrees to complete, at the

defendant's own expense, a safe boating education course approved

by the State Marine Board under section 3 of this 1999 Act within

the time limits imposed by the court. + }