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<section article="gnr" article_name="Natural Resources" number="8-712.2" title_number="8" title_name="Waters" subtitle_number="7" subtitle_name="State Boat Act">
  <level label="a">
    <level label="1">
      <text>Except as otherwise provided in paragraphs (3), (4), and (5) of this subsection, a person born on or after July 1, 1972, may not operate on the waters of the State a vessel for pleasure that is required to be numbered in accordance with this subtitle or a vessel for pleasure that is required to be numbered in accordance with the Federal Boat Safety Act of 1971 without first obtaining a certificate of boating safety education.</text>
    </level>
    <level label="2">
      <text>A person who is subject to the provisions of paragraph (1) of this subsection shall:</text>
      <level label="i">
        <text>Possess the certificate of boating safety education when operating a vessel on waters of the State; and</text>
      </level>
      <level label="ii">
        <text>Show the certificate on the demand of a Natural Resources police officer or other law enforcement officer.</text>
      </level>
    </level>
    <level label="3">
      <text>The following persons are exempt from the requirements of this section:</text>
      <level label="i">
        <text>A person who is operating a vessel in connection with commercial purposes;</text>
      </level>
      <level label="ii">
        <text>A person who is a resident of another state and who is visiting the State for 60 days or less in a vessel that is numbered in another state if:</text>
        <level label="1">
          <text>The person is 16 years old or older; or</text>
        </level>
        <level label="2">
          <text>The person has been issued a boating safety certificate in accordance with the provisions of subsection (c)(6) of this section;</text>
        </level>
      </level>
      <level label="iii">
        <text>A person who is visiting the State for 90 days or less in a vessel from a country other than the United States;</text>
      </level>
      <level label="iv">
        <text>A person operating a vessel on a body of water located on private property; and</text>
      </level>
      <level label="v">
        <text>Any other person exempted by regulation of the Department.</text>
      </level>
    </level>
    <level label="4">
      <text>When a vessel numbered in accordance with this subtitle or in accordance with the Federal Boat Safety Act of 1971 is operated for pleasure on waters of the State, at least 1 person on the vessel must:</text>
      <level label="i">
        <text>Possess the certificate of boating safety education; or</text>
      </level>
      <level label="ii">
        <text>Be exempt from the certification requirements of paragraph (1) of this subsection.</text>
      </level>
    </level>
    <level label="5">
      <text>A person who is under the age of 16 and who operates a vessel numbered in accordance with this subtitle or in accordance with the Federal Boat Safety Act of 1971 must:</text>
      <level label="i">
        <text>Possess a certificate of boating safety education;</text>
      </level>
      <level label="ii">
        <level label="1">
          <text>If operating a vessel under 11 feet in length, be under the supervision of a person who has obtained a certificate of boating safety education and is aboard the vessel; or</text>
        </level>
        <level label="2">
          <text>If operating a vessel 11 feet in length or greater, be under the supervision of a person who is 18 years or older and has obtained a certificate of boating safety education and is aboard the vessel; or</text>
        </level>
      </level>
      <level label="iii">
        <text>Be under the supervision of a person who was born before July 1, 1972, and is aboard the vessel.</text>
      </level>
    </level>
  </level>
  <level label="b">
    <level label="1">
      <text>The Department shall:</text>
      <level label="i">
        <text>Adopt regulations that establish criteria for a course of instruction in boating safety education;</text>
      </level>
      <level label="ii">
        <text>Administer a verbal test when appropriate;</text>
      </level>
      <level label="iii">
        <text>Coordinate a statewide program of boating safety instruction and certification and ensure that a course of boating safety education is available within each county; and</text>
      </level>
      <level label="iv">
        <text>Ensure that a course of boating safety education is available at the earliest practicable age for children in boating communities.</text>
      </level>
    </level>
    <level label="2">
      <text>Any course of boating safety education that is offered through a public school is not required to be more than 6 classes, or exceed a total of 8 hours.</text>
    </level>
    <level label="3">
      <text>The following persons may offer the course of instruction in boating safety education if approved by the Department:</text>
      <level label="i">
        <text>The Department;</text>
      </level>
      <level label="ii">
        <text>The U.S. Coast Guard Auxiliary;</text>
      </level>
      <level label="iii">
        <text>The U.S. Power Squadron;</text>
      </level>
      <level label="iv">
        <text>A political subdivision;</text>
      </level>
      <level label="v">
        <text>A municipal corporation;</text>
      </level>
      <level label="vi">
        <text>An agency;</text>
      </level>
      <level label="vii">
        <text>A public or nonpublic school;</text>
      </level>
      <level label="viii">
        <text>A group;</text>
      </level>
      <level label="ix">
        <text>A firm;</text>
      </level>
      <level label="x">
        <text>An association; or</text>
      </level>
      <level label="xi">
        <text>Any other person.</text>
      </level>
    </level>
  </level>
  <level label="c">
    <level label="1">
      <text>The Department or the Department’s designee shall issue a certificate of boating safety education to a person who:</text>
      <level label="i">
        <text>Passes the course prescribed by the Department in boating safety education; or</text>
      </level>
      <level label="ii">
        <text>Passes a boating safety equivalency examination administered by persons authorized to offer the course on boating safety education.</text>
      </level>
    </level>
    <level label="2">
      <text>Upon request, the Department shall provide, without charge, boating safety education materials to persons who plan to take the boating safety equivalency examination.</text>
    </level>
    <level label="3">
      <level label="i">
        <text>Once issued, the certificate of boating safety education:</text>
        <level label="1">
          <text>Is valid for the lifetime of the person to whom the certificate was issued; and</text>
        </level>
        <level label="2">
          <text>May not be revoked by the Department or a court of law.</text>
        </level>
      </level>
      <level label="ii">
        <text>The Department shall replace, without charge, a lost or destroyed certificate if the Department issued the certificate or has a record that the certificate was issued by the U.S. Coast Guard or the U.S. Power Squadron.</text>
      </level>
    </level>
    <level label="4">
      <level label="i">
        <text>The Department or the Department’s designee may issue a 30–day temporary certificate of boating safety education to a person who signs an affidavit stating that the person has read and understood the boating safety education materials provided by the Department.</text>
      </level>
      <level label="ii">
        <text>The 30–day temporary certificate of boating safety education issued in accordance with subparagraph (i) of this paragraph may be renewed for 1 additional 30–day period.</text>
      </level>
    </level>
    <level label="5">
      <text>In lieu of a certificate of boating safety education issued by the Department, a license issued by the U.S. Coast Guard, or a boating safety certificate issued by a unit of the U.S. Coast Guard Auxiliary, the U.S. Power Squadron, or a local board of education, is sufficient to comply with the requirements of this section.</text>
    </level>
    <level label="6">
      <text>In lieu of a certificate of boating safety education issued by the Department, a boating safety certificate issued in another state in accordance with criteria of the National Association of State Boating Law Administrators is sufficient to comply with the requirements of this section.</text>
    </level>
  </level>
  <level label="d">
    <text>On or after July 1, 1988, a person who is subject to the provisions of subsection (a)(1) of this section and who operates on waters of the State a vessel for pleasure that is required to be numbered in accordance with this subtitle or a vessel for pleasure that is required to be numbered in accordance with the Federal Boat Safety Act of 1971, in violation of any requirement of this section, is guilty of a misdemeanor and on conviction is subject to:</text>
    <level label="1">
      <text>For a first offense, a fine not exceeding $25; and</text>
    </level>
    <level label="2">
      <text>For any subsequent offense that occurs within 2 years of a prior conviction under this section, a fine not exceeding $500.</text>
    </level>
  </level>
  <level label="e">
    <text>A juvenile charged with any violation under this section shall be charged as provided in Title 3, Subtitle 8A of the Courts Article.</text>
  </level>
  <level label="f">
    <level label="1">
      <text>A Natural Resources police officer or other law enforcement officer may enforce the provisions of this section only as a secondary action when the officer detains an operator of a vessel for a suspected violation of another provision of the Code or regulations adopted in accordance with another provision of the Code.</text>
    </level>
    <level label="2">
      <text>A person may be cited but not apprehended solely for a violation of this section.</text>
    </level>
  </level>
</section>
