§ 15-140j — Certificate of personal watercraft operation. Operation of personal watercraft with passengers. Operation of jetted articulated vessels. Regulations.

Connecticut § 15-140j

• Jurisdiction: Connecticut
• Title 15: Navigation and Aeronautics
• Ch. 268: Boating

Text

(a) As used in this section, “personal watercraft” is any inboard powered vessel less than sixteen feet in length that has an internal combustion engine powering a water-jet pump as its primary source of motor propulsion and that is designed to be operated by a person sitting, standing or kneeling on the vessel, rather than the conventional manner of sitting or standing inside the vessel, “jetted articulated vessel” or “JAV” has the same meaning as provided in section 15-127 and “operator of a JAV” means any person who, in whole or in part, from such person's position on the JAV can: (1) Energize or de-energize the JAV, or (2) control or partially control the thrust, speed or direction of the JAV. (b) No person shall operate a personal watercraft or a JAV unless such person has been issued a certificate of personal watercraft operation by the Commissioner of Energy and Environmental Protection. No person less than sixteen years of age shall operate a JAV. No owner of a personal watercraft or a JAV shall knowingly authorize or permit a person who is less than sixteen years of age who does not have a certificate of personal watercraft operation issued by the commissioner to operate such personal watercraft or JAV on the waters of the state. Notwithstanding the provisions of this section, the commissioner may modify or suspend, by written permission, any age or certification requirement set forth in this section for the purpose of a marine event held pursuant to section 15-140b . In those waters where the United States Coast Guard has jurisdiction over marine events, such permit shall not be valid unless and until the commissioner receives a copy of the United States Coast Guard authorization for a marine event. (c) A certificate of personal watercraft operation shall be issued under subsection (b) of this section to any applicant who provides proof that such applicant has: (1) Successfully completed a combined course in safe boating operation and safe personal watercraft handling approved by the commissioner, which courses include, but are not limited to, courses offered by the United States Power Squadrons, Coast Guard Auxiliary or other similar organization, (2) been issued or has satisfied the requirements for issuance of a safe boating certificate and successfully completed a course in safe personal watercraft handling approved by the commissioner, which include, but are not limited to, courses offered by the United States Power Squadrons, Coast Guard Auxiliary or other similar organization, or (3) successfully passed an equivalency examination testing knowledge of safe boating operation and safe personal watercraft handling administered by the commissioner. (d) The commissioner may adopt regulations, in accordance with the provisions of chapter 54, establishing the content of courses in safe personal watercraft handling. Such regulations may include provisions for examinations, issuance of certificates of personal watercraft operation and establishment of a reasonable fee for such course and examination and for the issuance of a certificate and duplicate certificate. (e) Notwithstanding subsection (b) of this section, any person who purchases a new or used personal watercraft may, upon vessel registration, apply to the Commissioner of Energy and Environmental Protection for a temporary certificate of personal watercraft operation that shall be valid for three months from the date of registration, provided the applicant has successfully completed a course in safe personal watercraft handling prior to application for the temporary certificate. No person shall be issued more than one temporary certificate of personal watercraft operation. (f) The commissioner may enter into a reciprocal agreement with any other state that has a similar safe personal watercraft handling certificate program that the commissioner deems acceptable for purposes of this subsection. Any person who successfully completes a course in safe personal watercraft handling and holds a certificate or license from another state that has such a reciprocal agreement with the commissioner may operate a personal watercraft on the waters of this state. (g) Any person required to obtain a certificate of personal watercraft operation pursuant to this section shall have such certificate on board at all times while operating a personal watercraft. On demand of an officer authorized to enforce the provisions of this chapter, such person shall exhibit the certificate to the officer. (h) No passenger shall be permitted to ride in front of the operator on a personal watercraft. No passenger shall be permitted to ride upon a personal watercraft unless the passenger is able to securely hold onto the person in front of them or to the handholds on the personal watercraft, and is able to keep both feet on the deck of the personal watercraft so as to maintain balance while the personal watercraft is in operation. (i) Unless otherwise authorized by the commissioner pursuant to section 15-140b , no person shall operate a JAV in any slow-no-wake area except to transit such slow-no-wake area. No person shall operate a JAV within two hundred feet of any dock, shore, pier or fixed structure or within one hundred feet of any vessel except to directly transit the area of such dock, shore, pier, fixed structure or vessel. (j) No person shall teach a course in safe personal watercraft handling that satisfies the requirements for issuance of a certificate of personal watercraft operation unless the commissioner has approved such course. (k) No Department of Energy and Environmental Protection agent or employee shall use department safe personal watercraft handling course materials for personal financial gain. (l) Any person who violates any provision of this section shall be fined not less than sixty dollars or more than two hundred fifty dollars for each such violation. (m) A certificate of personal watercraft operation may be suspended or revoked in accordance with the provisions of section 15-132a , 15-133 , 15-140 l or 15-140n .

Legislative History

(P.A. 89-388, S. 6; P.A. 90-274, S. 10, 14; P.A. 91-408, S. 15, 18; P.A. 93-238, S. 3, 6; P.A. 94-110, S. 4, 5; P.A. 95-145, S. 1, 3; P.A. 97-72, S. 1, 4; P.A. 03-244, S. 12; P.A. 06-76, S. 1; 06-196, S. 228; P.A. 08-26, S. 6; P.A. 09-140, S. 7; June Sp. Sess. P.A. 09-3, S. 477; P.A. 11-80, S. 1; P.A. 16-187, S. 2.) History: P.A. 90-274 in Subsec. (b) changed effective date from January 1, 1991, to January 1, 1992; P.A. 91-408 amended Subsec. (b) to change effective date from January 1, 1992, to October 1, 1992, and provide that the certificate is issued by the department of motor vehicles, amended Subsec. (c) to authorize the regulations to include provisions for examinations, the issuance of certificates of personal watercraft operation and the establishment of a fee for such examination, and amended Subsec. (d) to delete the requirement that the violation be done “wilfully”, decrease the minimum fine from $100 to $60 and increase the maximum fine from $200 to $250; P.A. 93-238 transferred authority to issue certificates under this section from the commissioner of motor vehicles to the commissioner of environmental protection, effective June 23, 1993; P.A. 94-110 amended Subsec. (a) to specify that personal watercraft are powered vessels less than 16 feet long and to distinguish their operation from the conventional manner of vessel operation, amended Subsec. (b) to provide for modification or suspension of certification requirements in certain circumstances, added a new Subsec. (d) re temporary certificates and relettered the former Subsec. (d) accordingly, effective May 20, 1994; P.A. 95-145 inserted new Subsec. (e) re the carrying of the certificate on board the craft and relettered former Subsec. (e) as (f), effective June 28, 1995 (Revisor's note: A reference in Subsec. (c) to “Boating Fund” was replaced editorially by the Revisors with “boating account” to conform section with Sec. 15-155); P.A. 97-72 inserted new Subsec. (e) re reciprocal agreements with other states for certification of personal watercraft operators and relettered existing Subsecs. (e) and (f) as (f) and (g), respectively, effective May 27, 1997; P.A. 03-244 added Subsec. (h) re suspension or revocation of certificate; P.A. 06-76 added new Subsec. (g) re operation of personal watercraft with passenger, redesignating existing Subsecs. (g) and (h) as Subsecs. (h) and (i), respectively; P.A. 06-196 made a technical change in Subsec. (h), effective June 7, 2006; P.A. 08-26 amended Subsec. (b) to add prohibition re authorizing or permitting person less than 16 years of age who does not have certificate of personal watercraft operation to operate personal watercraft, added new Subsec. (c) re conditions for issuance of such certificate, Subsec. (i) requiring commissioner's course approval and Subsec. (j) prohibiting use of department course materials for personal financial gain, redesignated existing Subsecs. (c) to (g), (h) and (i) as new Subsecs. (d) to (h), (k) and (l), respectively, changed temporary certificate validity period from 6 to 3 months in redesignated Subsec. (e), and made technical changes; P.A. 09-140 amended Subsec. (1) by adding reference to Sec. 15-132a, effective July 1, 2009; June Sp. Sess. P.A. 09-3 amended Subsec. (d) to delete provision re fees collected pursuant to regulations shall be deposited in boating account established pursuant to Sec. 15-155; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” and “Department of Environmental Protection” were changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection” and “Department of Energy and Environmental Protection”, respectively, in Subsecs. (b), (e) and (j), effective July 1, 2011; P.A. 16-187 amended Subsec. (a) to add provisions defining “jetted articulated vessel” and “operator of a JAV”, amended Subsec. (b) to add references to JAV, add provision prohibiting person less than age 16 from operating JAV, replace provision authorizing commissioner to modify or suspend requirements for certificate of personal watercraft operation with respect to any marine event with provision authorizing commissioner to modify or suspend, by written permission, any age or certification requirement for purpose of marine event, and add provision re waters where United States Coast Guard has jurisdiction over marine events, added new Subsec. (i) re operation of JAV in slow-no-wake area or within 200 feet of any dock, shore, pier or fixed structure or within 100 feet of any vessel, redesignated existing Subsecs. (i) to (l) as Subsecs. (j) to (m), and made technical changes, effective June 9, 2016.