Chapter 331

2009 -- S 0493

Enacted 11/13/09

 

A N A C T

RELATING TO WATERS AND NAVIGATION - REGULATION OF BOATS     

     

     Introduced By: Senator William A. Walaska

     Date Introduced: February 25, 2009

 

It is enacted by the General Assembly as follows:

 

     SECTION 1. Section 46-22-5 of the General Laws in Chapter 46-22 entitled "Regulation

of Boats" is hereby amended to read as follows:

 

     46-22-5. Classification and required equipment. -- (a) Motorboats subject to the

provisions of this chapter shall be divided into four (4) classes as follows:

      (1) Class A. Less than sixteen feet (16') in length.

      (2) Class 1. Sixteen feet (16') or over and less than twenty-six feet (26') in length.

      (3) Class 2. Twenty-six feet (26') or over and less than forty feet (40') in length.

      (4) Class 3. Forty feet (40') or over and not more than sixty-five feet (65') in length.

      (b) Every motorboat, in all weathers, from sunset to sunrise, shall carry and exhibit the

following lights when under way, and during that time no other lights which may be mistaken for

those prescribed shall be exhibited.

      (1) Every motorboat of Classes A and 1 shall carry the following lights:

      (i) A bright white light aft to show all around the horizon.

      (ii) A combined lantern in the fore part of the vessel and lower than the white light aft,

showing green to starboard and red to port, so fixed as to throw the light from right ahead to two

(2) points abaft the beam of their respective sides.

      (2) Every motorboat of Classes 2 and 3 shall carry the following lights:

      (i) A bright white light in the fore part of the vessel, as near the stem as practicable, so

constructed as to show an unbroken light over an arc of the horizon of twenty (20) points of the

compass, so fixed as to throw the light ten (10) points on each side of the vessel; namely, from

right ahead to two (2) points abaft the beam on either side.

      (ii) A bright white light aft to show all around the horizon and higher than the white light

forward.

      (iii) On the starboard side, a green light so constructed as to show an unbroken light over

an arc of the horizon of ten (10) points of the compass, so fixed as to throw the light from right

ahead to two (2) points abaft the beam on the starboard side. On the port side, a red light so

constructed as to show an unbroken light over an arc of the horizon of ten (10) points of the

compass, so fixed as to throw the light from right ahead to two (2) points abaft the beam on the

port side. The side lights shall be fitted with inboard screens of sufficient height so set as to

prevent these lights from being seen across the bow.

      (3) Motorboats of Classes A and 1, when propelled by sail alone, shall carry the

combined lantern, but not the white light aft, prescribed by this section. Motorboats of Classes 2

and 3, when so propelled, shall carry the colored side lights, suitably screened, but not the white

lights, prescribed by this section. Motorboats of all classes, when so propelled, shall carry, ready

at hand, a lantern or flashlight showing a white light which shall be exhibited in sufficient time to

avert collision.

      (4) Every white light prescribed by this section shall be of such character as to be visible

at a distance of at least two (2) miles. Every colored light prescribed by this section shall be of

such character as to be visible at a distance of at least one mile. The word "visible" in this

subsection, when applied to lights, shall mean visible on a dark night with clear atmosphere.

      (5) When propelled by sail and machinery, any motorboat shall carry the lights required

by this section for a motorboat propelled by machinery only.

      (c) Any vessel may carry and exhibit the lights required by the federal regulations for

preventing collisions at sea, 33 U.S.C. section 2000 et seq., in lieu of the lights required by

subsection (b).

      (d) Every motorboat of Class 1, 2, or 3 shall be provided with an efficient whistle or

other sound producing mechanical appliance.

      (e) Every motorboat of Class 2 or 3 shall be provided with an efficient bell.

      (f) (e) Every vessel shall carry at least one life preserver, or life belt, or ring buoy, or

other device of the sort prescribed by the regulations of the department of environmental

management, for each person on board, so placed as to be readily accessible; provided, that every

motorboat carrying passengers for hire shall carry, so placed as to be readily accessible, at least

one life preserver of the sort prescribed by the regulations of the department of environmental

management, for each person on board.

      (g) (f) Every motorboat shall be provided with such number, size, and type of fire

extinguishers, capable of promptly and effectually extinguishing burning gasoline, as may be

prescribed by the regulations of the department of environmental management, which fire

extinguishers shall be at all times kept in condition for immediate and effective use and shall be

so placed as to be readily accessible.

      (h) (g) The provisions of subsections (d), (e), and (g) (f) shall not apply to motorboats

while competing in any race conducted pursuant to section 46-22-13 or, if the boats be designed

and intended solely for racing, while engaged in such navigation as is incidental to the tuning up

of the boats and engines for the race.

      (i) (h) Every motorboat shall have the carburetor or carburetors of every engine therein

(except outboard motors) using gasoline as fuel, equipped with such efficient flame arrestor,

backfire trap, or other similar device as may be prescribed by the regulations of the department of

environmental management.

      (j) (i) Every motorboat and every vessel, except open boats, using as fuel any liquid of a

volatile nature, shall be provided with such means as may be prescribed by the regulations of the

department of environmental management, for properly and efficiently ventilating the bilges of

the engine and fuel tank compartments so as to remove any explosive or inflammable gases.

      (k) (j) The department of environmental management is hereby authorized to make rules

and regulations modifying the equipment requirements contained in this section to the extent

necessary to keep these requirements in conformity with the provisions of the federal Boat Safety

Act of 1971 as amended or the federal navigation laws or with the navigation rules promulgated

by the United States Coast Guard.

      (l) (k) The department of environmental management is hereby authorized to establish

and maintain, for the operation of vessels not more than sixty-five feet (65') in length on the

waters of this state, pilot rules in conformity with the pilot rules contained in the federal

navigation laws or the navigation rules promulgated by the United States Coast Guard.

      (m) (l) No person shall operate or give permission for the operation of a vessel, which is

not equipped as required by this section, or modification thereof.

 

     SECTION 2. This act shall take effect upon passage.

     

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LC01319

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