Full Text of HB2499 102nd General Assembly
HB2499sam001 102ND GENERAL ASSEMBLY | Sen. Ram Villivalam Filed: 5/14/2021
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| 1 | | AMENDMENT TO HOUSE BILL 2499
| 2 | | AMENDMENT NO. ______. Amend House Bill 2499 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Boat Registration and Safety Act is | 5 | | amended by changing Sections 1-2, 3-7, 3C-4, 4-1, 4-2, 5-3, | 6 | | and 5-13 as follows:
| 7 | | (625 ILCS 45/1-2) (from Ch. 95 1/2, par. 311-2)
| 8 | | Sec. 1-2. Definitions. As used in this Act, unless the | 9 | | context clearly
requires a different meaning:
| 10 | | "Airboat" means a vessel that is typically flat-bottomed | 11 | | and propelled by an aircraft-type propeller powered by an | 12 | | engine. | 13 | | "Competent" means capable of assisting a water skier in | 14 | | case of injury or accident. | 15 | | "Dealer" means any person who engages in the business of | 16 | | manufacturing, selling, or dealing in, on consignment or |
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| 1 | | otherwise, any number of new watercraft or 5 or more used | 2 | | watercraft of any make during the year, including any | 3 | | off-highway vehicle dealer or snowmobile dealer or a person | 4 | | licensed as a new or used vehicle dealer who also sells or | 5 | | deals in, on consignment or otherwise, any number of | 6 | | watercraft as defined in this Act. | 7 | | "Department" means the Department of Natural Resources. | 8 | | "Inland Rules" means the Inland Navigation Rules Act of | 9 | | 1980. | 10 | | "International regulations" means the International | 11 | | Regulations for Preventing Collisions at Sea, 1972, including | 12 | | annexes currently in force for the United States. | 13 | | "Leeward side" means the side of a vessel's sail that is | 14 | | facing away or sheltered from the wind. | 15 | | "Lifeboat" means a small boat kept on board a larger boat | 16 | | for use in an emergency. | 17 | | "Motorboat" or "power-driven vessel" means any vessel | 18 | | propelled by machinery. | 19 | | "Nonpowered watercraft" or "human-powered watercraft" | 20 | | means any canoe, kayak, kiteboard, paddleboard, ribbed | 21 | | inflatable, or any other watercraft propelled by oars, | 22 | | paddles, or poles but not powered by sail, canvas, human body | 23 | | part, or machinery of any sort. | 24 | | "Operate" means to use, navigate, employ, or otherwise be | 25 | | in actual physical control of a motorboat or vessel. | 26 | | "Operator" means a person who operates or is in actual |
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| 1 | | physical control of a watercraft. | 2 | | "Owner" means a person, other than a secured party, having | 3 | | property rights or title to a watercraft. "Owner" includes a | 4 | | person entitled to the use or possession of a motorboat | 5 | | subject to an interest in another person, reserved or created | 6 | | by agreement and securing payment of performance of an | 7 | | obligation. "Owner" does not include a lessee under a lease | 8 | | not intended as security. | 9 | | "Person" means any individual, firm, corporation, | 10 | | partnership, or association, and any agent, assignee, trustee, | 11 | | executor, receiver, or representative thereof. | 12 | | "Personal flotation device" or "PFD" means a device that | 13 | | is approved by the Commandant, U.S. Coast Guard, under Part | 14 | | 160 of Title 46 of the Code of Federal Regulations. | 15 | | "Personal watercraft" means a vessel propelled by a water | 16 | | jet pump or other machinery as its primary source of motive | 17 | | power and designed to be operated by a person sitting, | 18 | | standing, or kneeling on the vessel, rather than within the | 19 | | confines of a hull. | 20 | | "Principally operated" means the vessel is or will be | 21 | | primarily operated within the jurisdiction of the State during | 22 | | a calendar year. | 23 | | "Recreational boat" means any vessel manufactured or used | 24 | | primarily for noncommercial use, or leased, rented, or | 25 | | chartered to another for noncommercial use. | 26 | | "Sailboat" or "sailing vessel" means any vessel under sail |
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| 1 | | so long as the propelling machinery, if fitted, is not being | 2 | | used. | 3 | | "Seaplane" means any aircraft designed to maneuver on the | 4 | | water. | 5 | | "Specialty prop-craft" means a vessel that is similar in | 6 | | appearance and operation to a personal watercraft but that is | 7 | | powered by an outboard or propeller driven motor. | 8 | | "Throwable PFD" has the meaning provided in 33 CFR 175.13. | 9 | | "Underway" applies to a vessel or watercraft at all times | 10 | | except when it is moored at a dock or anchorage area. | 11 | | "Use" applies to all vessels on the waters of this State, | 12 | | whether moored or underway. | 13 | | "Vessel" or "watercraft" means every watercraft used or | 14 | | capable of being used as a means of transportation on water, | 15 | | except a seaplane on the water, air mattress or similar | 16 | | device, and boats used for concession rides in artificial | 17 | | bodies of water designed and used exclusively for such | 18 | | concessions. | 19 | | "Waters of this State" means any water within the | 20 | | jurisdiction of this State. | 21 | | "Wearable U.S. Coast Guard approved personal flotation | 22 | | device", "wearable U.S. Coast Guard approved PFD", and | 23 | | "wearable PFD" have the meaning provided for "wearable PFD" in | 24 | | 33 CFR 175.13. | 25 | | "Windward side" means the side of a vessel's sail that has | 26 | | the wind blowing into the sail. |
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| 1 | | "Wing in Ground" (WIG) vessel means a multimodal vessel | 2 | | which, in its main operational mode, flies in close proximity | 3 | | to the surface utilizing surface-effect action. | 4 | | "Vessel" or "Watercraft" means every description of | 5 | | watercraft used or
capable of being used as a means of | 6 | | transportation on water, except a
seaplane on the water, air | 7 | | mattress or similar device, and boats
used for concession | 8 | | rides in artificial bodies of water designed and used
| 9 | | exclusively for such concessions.
| 10 | | "Motorboat" means any vessel propelled by machinery, | 11 | | whether or not such
machinery is the principal source of | 12 | | propulsion, but does not include a
vessel which has a valid | 13 | | marine document issued by the Bureau of Customs of
the United | 14 | | States Government or any Federal agency successor thereto.
| 15 | | "Non-powered watercraft" means any canoe, kayak, | 16 | | kiteboard, paddleboard, float tube, or watercraft not | 17 | | propelled by sail, canvas, or machinery of any sort. | 18 | | "Sailboat" means any watercraft propelled by sail or | 19 | | canvas, including
sailboards. For the purposes of this Act, | 20 | | any watercraft propelled by both
sail or canvas and machinery | 21 | | of any sort shall be deemed a motorboat when
being so | 22 | | propelled.
| 23 | | "Airboat" means any boat (but not including airplanes or | 24 | | hydroplanes)
propelled by machinery applying force against the | 25 | | air rather than the water
as a means of propulsion.
| 26 | | "Dealer" means any person who engages in the business of |
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| 1 | | manufacturing, selling, or dealing in, on consignment or | 2 | | otherwise, any number of new watercraft, or 5 or more used | 3 | | watercraft of any make during the year, including any | 4 | | off-highway vehicle dealer or snowmobile dealer or a person | 5 | | licensed as a new or used vehicle dealer who also sells or | 6 | | deals in, on consignment or otherwise, any number of | 7 | | watercraft as defined in this Act. | 8 | | "Lifeboat" means a small boat kept on board a larger boat | 9 | | for use in
emergency.
| 10 | | "Owner" means a person, other than lien holder, having | 11 | | title to a
motorboat. The term includes a person entitled to | 12 | | the use or possession of
a motorboat subject to an interest in | 13 | | another person, reserved or created
by agreement and securing | 14 | | payment of performance of an obligation, but the
term excludes | 15 | | a lessee under a lease not intended as security.
| 16 | | "Waters of this State" means any water within the | 17 | | jurisdiction of this
State.
| 18 | | "Person" means an individual, partnership, firm, | 19 | | corporation,
association, or other entity.
| 20 | | "Operate" means to navigate or otherwise use a motorboat | 21 | | or vessel.
| 22 | | "Department" means the Department of Natural Resources.
| 23 | | "Competent" means capable of assisting a skier in case of | 24 | | injury or
accident.
| 25 | | "Personal flotation device" or "PFD" means a device that | 26 | | is approved by
the Commandant, U.S. Coast Guard, under Part |
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| 1 | | 160 of Title 46 of the Code
of Federal Regulations.
| 2 | | "Recreational boat" means any vessel manufactured or used | 3 | | primarily for
noncommercial use; or leased, rented or | 4 | | chartered to another for
noncommercial use.
| 5 | | "Personal watercraft" means a vessel that uses an inboard | 6 | | motor powering
a water jet pump as its primary source of motor | 7 | | power and that is designed
to be operated by a person sitting, | 8 | | standing, or kneeling on the vessel,
rather than the | 9 | | conventional manner of sitting or standing inside the
vessel, | 10 | | and includes vessels that are similar in appearance and | 11 | | operation
but are powered by an outboard or propeller drive | 12 | | motor.
| 13 | | "Specialty prop-craft" means a vessel that is similar in | 14 | | appearance and
operation to a personal watercraft but that is | 15 | | powered by an outboard or
propeller driven motor.
| 16 | | "Underway" applies to a vessel or watercraft at all times | 17 | | except when it
is moored at a dock or anchorage area.
| 18 | | "Use" applies to all vessels on the waters of this State, | 19 | | whether moored
or underway.
| 20 | | (Source: P.A. 97-1136, eff. 1-1-13.)
| 21 | | (625 ILCS 45/3-7) (from Ch. 95 1/2, par. 313-7)
| 22 | | Sec. 3-7. Loss of certificate ; certificate correction . | 23 | | Should a certificate of number or registration expiration | 24 | | decal become
lost, destroyed, or mutilated beyond legibility, | 25 | | or if information required by the Department to be included on |
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| 1 | | the certificate has changed, the owner of the
watercraft shall | 2 | | make application to the Department for the replacement of
the | 3 | | certificate or decal or for a corrected certificate or decal , | 4 | | giving his name, address, and the number of his
boat and shall | 5 | | at the same time of application pay to the Department a fee of | 6 | | $5.
| 7 | | (Source: P.A. 93-32, eff. 7-1-03.)
| 8 | | (625 ILCS 45/3C-4) (from Ch. 95 1/2, par. 313C-4)
| 9 | | Sec. 3C-4. Police tows; reports; release of watercraft; | 10 | | payment Reports on towed watercraft . | 11 | | (a) When a watercraft is authorized to be towed away as | 12 | | provided in Section 3C-2 or 3C-3, the authorization, any hold | 13 | | order, and any release shall be in writing, or confirmed in | 14 | | writing, with a copy given to the towing service. | 15 | | (b) When a watercraft is
authorized to be towed away as | 16 | | provided in Section 3C-2, the police
headquarters or office of | 17 | | the law enforcement officer authorizing the towing shall keep
| 18 | | and maintain a record of the watercraft towed, listing the | 19 | | color,
manufacturer's trade name, manufacturer's series name, | 20 | | hull type, hull
material, hull identification number, and | 21 | | registration number displayed on
the watercraft. The record | 22 | | shall also include the date and hour of tow,
location towed | 23 | | from, location towed to, and reason for towing and the name
of | 24 | | the officer authorizing the tow.
| 25 | | (c) The owner, operator, or other legally entitled person |
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| 1 | | shall be responsible to the towing service for the payment of | 2 | | applicable removal, towing, storage, and processing charges | 3 | | and collection costs associated with a watercraft towed or | 4 | | held under order or authorization of a law enforcement agency. | 5 | | If a watercraft towed or held under order or authorization of a | 6 | | law enforcement agency is seized by the ordering or | 7 | | authorizing agency or any other law enforcement or | 8 | | governmental agency and sold, any unpaid removal, towing, | 9 | | storage, and processing charges and collection costs shall be | 10 | | paid to the towing service from the proceeds of the sale. If | 11 | | the applicable law provides that the proceeds are to be paid | 12 | | into the treasury of the appropriate civil jurisdiction, then | 13 | | any unpaid removal, towing, storage, and processing charges | 14 | | and collection costs shall be paid to the towing service from | 15 | | the treasury of the civil jurisdiction. Such payment shall not | 16 | | exceed the amount of proceeds from the sale, with the balance | 17 | | to be paid by the owner, operator, or other legally entitled | 18 | | person. | 19 | | (d) Upon the delivery of a written release order to the | 20 | | towing service, a watercraft subject to a hold order shall be | 21 | | released to the owner, operator, or other legally entitled | 22 | | person upon proof of ownership or other entitlement and upon | 23 | | payment of applicable removal, towing, storage, and processing | 24 | | charges and collection costs. | 25 | | (Source: P.A. 84-646.)
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| 1 | | (625 ILCS 45/4-1) (from Ch. 95 1/2, par. 314-1)
| 2 | | Sec. 4-1. Personal flotation devices.
| 3 | | A. No person may operate a watercraft
unless at least one | 4 | | wearable U.S. Coast Guard approved personal flotation device | 5 | | for each person PFD is on board, so placed as to be readily | 6 | | available for each person.
| 7 | | B. No person may operate a personal watercraft or | 8 | | specialty prop-craft
unless each person aboard is wearing a | 9 | | wearable U.S. Coast Guard approved personal flotation device
| 10 | | PFD approved by the United States Coast Guard . No person on | 11 | | board a personal watercraft shall use an inflatable PFD in | 12 | | order to meet the PFD requirements of subsection A of this | 13 | | Section.
| 14 | | C. No person may operate a watercraft 16 feet or more in | 15 | | length,
except a canoe or kayak, unless at least one readily | 16 | | accessible United States Coast Guard
approved throwable PFD is | 17 | | on board.
| 18 | | D. (Blank).
| 19 | | E. When assisting a person on water skis, aquaplane or | 20 | | similar
device, there must be one wearable U.S. United States | 21 | | Coast Guard approved PFD on
board the watercraft for each | 22 | | person being assisted or towed or worn
by the person being | 23 | | assisted or towed.
| 24 | | F. No person may operate a watercraft unless each device | 25 | | required by
this Section is:
| 26 | | 1. in serviceable condition;
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| 1 | | 2. identified by a label bearing a description and | 2 | | approval number demonstrating that the device has been | 3 | | approved by the United States Coast Guard;
| 4 | | 3. of the appropriate size for the person for whom it | 5 | | is intended;
| 6 | | 4. in the case of a wearable PFD, readily accessible | 7 | | aboard the watercraft;
| 8 | | 5. in the case of a throwable PFD, immediately | 9 | | available for use; | 10 | | 6. out of its original packaging; and | 11 | | 7. not stowed under lock and key. | 12 | | G. Approved personal flotation devices are defined as a | 13 | | device that is approved by the United States Coast Guard under | 14 | | Title 46 CFR Part 160.
| 15 | | H. (Blank).
| 16 | | H-5. An approved and appropriately sized wearable U.S. | 17 | | Coast Guard approved personal flotation device shall be worn | 18 | | by each person under the age of 13 while in tow. | 19 | | I. No person may operate any a watercraft under 26 feet in | 20 | | length unless an approved and appropriately appropriate sized | 21 | | wearable U.S. United States Coast Guard approved personal | 22 | | flotation device is being properly worn by each person
under
| 23 | | the age of 13 on the deck of a watercraft or in an open | 24 | | watercraft board the watercraft at all times in which the | 25 | | watercraft is
underway; however, this requirement shall not | 26 | | apply to persons who are enclosed in a cabin or below the top |
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| 1 | | deck on a watercraft, on an anchored watercraft that is a | 2 | | platform for swimming or diving, or aboard a charter | 3 | | "passenger for hire" watercraft with a licensed captain. below
| 4 | | decks or in totally enclosed cabin spaces.
The provisions of | 5 | | this subsection I shall not apply to a person operating a
| 6 | | watercraft on an individual's private property.
| 7 | | J. Racing shells, rowing sculls, racing canoes, and racing | 8 | | kayaks are exempt from the PFD, of any type, carriage | 9 | | requirements under this Section provided that the racing | 10 | | shell, racing scull, racing canoe, or racing kayak is | 11 | | participating in an event sanctioned by the Department as a | 12 | | PFD optional event. The Department may adopt rules to | 13 | | implement this subsection. | 14 | | (Source: P.A. 100-469, eff. 6-1-18; 100-863, eff. 8-14-18.)
| 15 | | (625 ILCS 45/4-2) (from Ch. 95 1/2, par. 314-2)
| 16 | | Sec. 4-2. Navigation lights Lights .
| 17 | | A. Watercraft subject to this Section shall be divided | 18 | | into classes as follows: It is unlawful to operate any vessel | 19 | | less than 39 feet in length unless
the following lights are | 20 | | carried and displayed when underway from sunset to
sunrise:
| 21 | | 1. Class 1: Less than 16 feet in length. A bright, | 22 | | white light after to show all around the horizon, visible | 23 | | for
a distance of 2 miles. The word "visible" as used | 24 | | herein means visible on a
dark night with clear | 25 | | atmosphere.
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| 1 | | 2. Class 2: 16 feet or over and less than 26 feet in | 2 | | length. A combination light in the forepart of the boat | 3 | | lower than the white
light after, showing green to | 4 | | starboard and red to port, so fixed as to throw
a light | 5 | | from dead ahead to 2 points abaft the beam on their | 6 | | respective
sides and visible for a distance of not less | 7 | | than 1 mile.
| 8 | | 3. Class 3: 26 feet or over and less than 40 feet in | 9 | | length. Lights under International Rules may be shown as | 10 | | an alternative to
the above requirements.
| 11 | | 4. Class 4: 40 feet or over and less than 65 feet in | 12 | | length. | 13 | | B. Every motorboat, underway from sunset to sunrise or | 14 | | underway in weather causing reduced visibility, shall carry | 15 | | and exhibit the following United States Coast Guard approved | 16 | | lights when underway and, during such time, shall not use any | 17 | | other lights that may be mistaken for or interfere with those | 18 | | prescribed as follows: | 19 | | 1. A Class 1 or Class 2 motorboat shall carry the | 20 | | following lights: | 21 | | (a) A bright white light aft to show all around the | 22 | | horizon; and | 23 | | (b) A combined light in the fore part of the | 24 | | watercraft and lower than the white light aft, showing | 25 | | green to starboard and red to port, so fixed as to | 26 | | throw the light from right ahead to 2 points (22.5 |
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| 1 | | degrees) abaft the beam on their respective sides. | 2 | | 2. A Class 3 or Class 4 motorboat shall carry the | 3 | | following lights: | 4 | | (a) A bright white light in the fore part of the | 5 | | watercraft as near the stern as practicable, so | 6 | | constructed as to show the unbroken light over an arc | 7 | | of the horizon of 20 points (225 degrees) of the | 8 | | compass, so fixed as to throw the light 10 points | 9 | | (112.5 degrees) on each side of the watercraft, | 10 | | namely, from right ahead to 2 points (22.5 degrees) | 11 | | abaft the beam on either side; | 12 | | (b) A bright white light aft, mounted higher than | 13 | | the white light forward, to show all around the | 14 | | horizon; and | 15 | | (c) On the starboard side, a green light so | 16 | | constructed as to show an unbroken light over an arc of | 17 | | the horizon of 10 points (112.5 degrees) of the | 18 | | compass, so fixed as to throw the light from right | 19 | | ahead to 2 points (22.5 degrees) abaft the beam on the | 20 | | starboard side. On the port side, a red light so | 21 | | constructed as to show an unbroken light over an arc of | 22 | | the horizon of 10 points (112.5 degrees) of the | 23 | | compass, so fixed as to throw the light from right | 24 | | ahead to 2 points (22.5 degrees) abaft the beam on the | 25 | | port side. The side lights shall be fitted with | 26 | | inboard screens so set as to prevent these lights from |
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| 1 | | being seen across the bow. | 2 | | 3. A Class 1 or Class 2 motorboat propelled by sail | 3 | | alone shall exhibit the combined light prescribed by | 4 | | paragraph (1) and a 12-point (135 degrees) white light | 5 | | aft. A Class 3 or Class 4 motorboat, when so propelled, | 6 | | shall exhibit the colored side lights, suitably screened | 7 | | as prescribed by paragraph (2) and a 12-point (135 | 8 | | degrees) white light aft. | 9 | | 4. Every white light prescribed by this Section shall | 10 | | be of such character as to be visible at a distance of at | 11 | | least 2 miles. Every colored light prescribed by this | 12 | | Section shall be of such character as to be visible at a | 13 | | distance of at least one mile. As used in this subsection | 14 | | "visible", when applied to lights, means visible on a dark | 15 | | night with clear atmosphere. | 16 | | 5. If propelled by sail and machinery, a motorboat | 17 | | shall carry the lights required by this Section for a | 18 | | motorboat propelled by machinery only. | 19 | | 6. All other watercraft over 65 feet in length and | 20 | | those propelled solely by wind effect on the sail shall | 21 | | display lights prescribed by federal regulations. | 22 | | Watercraft propelled by muscular power when underway shall | 23 | | carry on
board from sunset to sunrise, but not fixed to any | 24 | | part of the boat, a
lantern or flashlight capable of showing a | 25 | | white light visible all around
the horizon at a distance of 2 | 26 | | miles or more, and shall display such
lantern in sufficient |
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| 1 | | time to avoid collision with another watercraft.
| 2 | | C. Nonpowered watercraft shall carry, ready at hand, a | 3 | | lantern or flashlight showing a white light that shall be | 4 | | exhibited in sufficient time to avert collision. Manually | 5 | | propelled watercraft used on the waters of this State where | 6 | | power-driven vessels are prohibited are exempt from the | 7 | | provisions of this Section. Every vessel 39 feet or more in | 8 | | length shall carry and display when
underway such additional | 9 | | or alternate lights as shall be required by the U.
S. Coast | 10 | | Guard for watercraft of equivalent length and type.
| 11 | | D. Any watercraft may carry and exhibit the lights | 12 | | required by the international regulations in lieu of the | 13 | | lights required by subsection B of this Section. Sailboats | 14 | | equipped with motors and being propelled partly or solely
by | 15 | | such motors shall carry and display the same lights required | 16 | | for
motorboats of the same class. Sailboats being propelled | 17 | | entirely by sail
between sunset and sunrise shall have lighted | 18 | | the combination running light,
and a white light visible aft | 19 | | only. Sailboats 26 feet or more in length,
equipped with | 20 | | motors but being propelled entirely by sail between sunset and
| 21 | | sunrise, shall have lighted the colored side lights suitably | 22 | | screened, but not
the white lights prescribed for motorboats.
| 23 | | E. All watercraft, when anchored, other than in a special | 24 | | anchorage area as defined in 33 CFR 109.10, shall, from sunset | 25 | | to sunrise, carry and display a steady white light visible all | 26 | | around the horizon for a distance of no less than 2 miles. |
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| 1 | | Dinghies, tenders and other watercraft, whose principal | 2 | | function is
as an auxiliary to other larger watercraft, when | 3 | | so operating need carry
only a flashlight visible to other | 4 | | craft in the area, anything in this
section to the contrary | 5 | | notwithstanding.
| 6 | | F. (Blank). Vessels at anchor between the hours of sunset | 7 | | and sunrise, except
those in a "Special Anchorage Area", shall | 8 | | display such anchor lights as
shall be required by the U. S. | 9 | | Coast Guard for watercraft of equivalent
length and type.
| 10 | | G. (Blank). Watercraft operated manually or by motor which | 11 | | are located on bodies
of water where motors of over 7 1/2 | 12 | | horsepower are prohibited must be
equipped during the hours | 13 | | between sunset and sunrise with a lantern or
flashlight which | 14 | | is capable of showing a beam for 2 miles, anything in this
| 15 | | Section to the contrary notwithstanding.
| 16 | | (Source: P.A. 88-524.)
| 17 | | (625 ILCS 45/5-3) (from Ch. 95 1/2, par. 315-3)
| 18 | | Sec. 5-3. Interference with navigation. | 19 | | (a) No person shall operate any watercraft in a manner | 20 | | which unreasonably or
unnecessarily interferes with other | 21 | | watercraft or with the free and proper
navigation of the | 22 | | waterways of the State. Anchoring under bridges or in
heavily | 23 | | traveled channels constitutes such interference if | 24 | | unreasonable
under the prevailing circumstances.
| 25 | | (b) A vessel engaged in fishing shall not impede the |
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| 1 | | passage of any other vessel navigating within a narrow channel | 2 | | or canal. | 3 | | (c) A vessel nearing a bend or an area of a narrow channel | 4 | | or canal where other vessels may be obscured by an intervening | 5 | | obstruction shall navigate with alertness and caution and | 6 | | shall sound the appropriate audible signal as required by the | 7 | | Inland Rules as written by the United States Coast Guard and | 8 | | this Act. | 9 | | (d) A vessel shall avoid anchoring in a narrow channel, | 10 | | under bridges, or in heavily traveled channels or canals, if | 11 | | unreasonable under the prevailing circumstances. | 12 | | (Source: P.A. 82-783.)
| 13 | | (625 ILCS 45/5-13) (from Ch. 95 1/2, par. 315-8)
| 14 | | Sec. 5-13. Traffic rules. | 15 | | A. The area straight ahead of a vessel to the point that is | 16 | | 22.5 degrees beyond the middle of the vessel on the starboard | 17 | | side of the watercraft shall be designated the danger zone. An | 18 | | operator of a watercraft shall yield the right-of-way to any | 19 | | other watercraft occupying or entering into the danger zone | 20 | | that may result in collision. Passing. When 2 boats are | 21 | | approaching each other "head on" or
nearly so (so as to involve | 22 | | risk of collision), each boat must bear to the
right and pass | 23 | | the other boat on its left side.
| 24 | | A-5. Head-on situation. | 25 | | (1) If 2 power-driven vessels are meeting head-on or |
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| 1 | | nearly head-on courses so as to involve risk of collision, | 2 | | each shall alter course to starboard so that each shall | 3 | | pass on the port side of the other. | 4 | | (2) A vessel proceeding along the course of a narrow | 5 | | channel or canal shall keep as near to the outer limit of | 6 | | the channel or canal that lies on the starboard side as is | 7 | | safe and practicable. | 8 | | (3) A power-driven vessel operating in narrow channels | 9 | | and proceeding downstream shall have the right-of-way over | 10 | | a vessel proceeding upstream. The vessel proceeding | 11 | | upstream shall yield as necessary to permit safe passing. | 12 | | B. Crossing. As used in this Section, "crossing" means 2 | 13 | | or more watercraft traveling in directions that would have the | 14 | | path of travel of the watercraft intersect each other. When | 15 | | boats approach each other obliquely or at right
angles, the | 16 | | boat approaching on the right side has the right of way.
| 17 | | (1) If 2 power-driven vessels are crossing so as to | 18 | | involve the risk of collision, the vessel that has the | 19 | | other on the starboard side shall keep out of the way and | 20 | | shall avoid crossing ahead of the other vessel. | 21 | | (2) A power-driven vessel crossing a river shall keep | 22 | | out of the way of a power-driven vessel ascending or | 23 | | descending the river. | 24 | | (3) A vessel may not cross a narrow channel or canal if | 25 | | the crossing impedes the passage of a vessel that can only | 26 | | safely navigate within the channel or canal. |
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| 1 | | C. Overtaking. One boat may overtake another on either | 2 | | side but must
grant right of way to the overtaken boat.
| 3 | | (1) A vessel overtaking any other shall give way to | 4 | | the vessel being overtaken. | 5 | | (2) If a vessel operator is in doubt as to whether he | 6 | | or she is overtaking another vessel, the operator shall | 7 | | assume he or she is overtaking the other vessel and shall | 8 | | act accordingly. | 9 | | (3) Any subsequent alteration of the bearing between | 10 | | the 2 vessels shall not make the overtaking vessel a | 11 | | crossing vessel within the meaning of this Section or | 12 | | relieve the overtaking operator of the duty to keep clear | 13 | | of the overtaken vessel until finally past and clear. | 14 | | (4) When overtaking in a narrow channel or canal, the | 15 | | operator of a power-driven vessel intending to overtake | 16 | | another power-driven vessel shall proceed to pass safety | 17 | | only after indicating his or her intention by sounding the | 18 | | horn as follows: | 19 | | (a) one short blast from the horn signifies a | 20 | | request to pass on the overtaken vessel's starboard | 21 | | side; | 22 | | (b) 2 short blasts from the horn signify a request | 23 | | to pass on the overtaken vessel's port side. | 24 | | (5) The operator of the power-driven vessel being | 25 | | overtaken shall: | 26 | | (a) acknowledge the request by sounding the same |
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| 1 | | signal; or | 2 | | (b) sound 5 short blasts from the horn to indicate | 3 | | danger or to warn the overtaking vessel not to pass. | 4 | | No response from the overtaken vessel shall be | 5 | | interpreted as an indication of danger and is the same as | 6 | | if 5 short blasts from the horn were sounded. In the | 7 | | absence of an audible signal or horn, a light signal | 8 | | device using the appropriate number of rapid bursts of | 9 | | light may be used. | 10 | | D. Sailing vessels. | 11 | | (1) The operator of a power-driven vessel shall yield | 12 | | the right-of-way to any nonpowered or sailing vessel | 13 | | unless the nonpowered vessel is overtaking the | 14 | | power-driven vessel or Sailboats and Rowboats. When a | 15 | | motorboat is approaching a boat
propelled solely by sails | 16 | | or oars, the motorboat must yield the right of
way to the | 17 | | sailboat or rowboat except, when a large craft is | 18 | | navigating in
a confined channel, the large craft has the | 19 | | right-of-way right of way over a boat
propelled solely by | 20 | | oars or sails.
| 21 | | (2) If 2 sailing vessels are approaching one another, | 22 | | so as to involve risk of collision, one of them shall keep | 23 | | out of the way of the other as follows: | 24 | | (a) If each has the wind on a different side, the | 25 | | vessel that has the wind on the port side shall give | 26 | | way to the other vessel. |
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| 1 | | (b) If both have the wind on the same side, the | 2 | | vessel that is to windward shall give way to the vessel | 3 | | that is to leeward. | 4 | | (c) If a vessel with the wind on the port side sees | 5 | | a vessel to windward and cannot determine with | 6 | | certainty whether the other vessel has the wind on the | 7 | | port or starboard side, the vessel shall give way to | 8 | | the other vessel. | 9 | | (Source: P.A. 82-783.)".
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