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
(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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