Public Act 90-0411 of the 90th General Assembly

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Public Act 90-0411

SB495 Enrolled                                 LRB9000543NTsb

    AN ACT to amend the Boat Registration and Safety  Act  by
changing Section 4-1.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section 5.  The  Boat  Registration  and  Safety  Act  is
amended by changing Section 4-1 as follows:

    (625 ILCS 45/4-1) (from Ch. 95 1/2, par. 314-1)
    Sec. 4-1.  Personal flotation devices.
    A.   No  person  may operate a watercraft unless at least
one U.S. Coast Guard approved PFD of the following  types  or
their  equivalent  is on board for each person:  Type I, Type
II or Type III.
    B.  No  person  may  operate  a  personal  watercraft  or
specialty  prop-craft  unless each person aboard is wearing a
Type I, Type II, Type III or  Type  V  PFD  approved  by  the
United States Coast Guard.
    C.  No person may operate a watercraft 16 feet or more in
length,  except a canoe or kayak, unless at least one Type IV
U.S. Coast Guard approved PFD or its equivalent is  on  board
in  addition  to  the  PFD's  required in paragraph A of this
Section.
    D.  A U.S. Coast Guard approved Type V personal flotation
device may be carried in lieu of the Type I, II,  III  or  IV
personal  flotation  device  required in this Section, if the
Type V personal flotation device is approved for the activity
in which it is being used.
    E.  When assisting a person on  waterskis,  aquaplane  or
similar  device,  there must be one U.S. Coast Guard approved
PFD on board the watercraft for each person being assisted or
towed or worn by the person being assisted or towed.
    F.  No person may operate a watercraft unless each device
required by this Section is:
         1.  Readily accessible;
         2.  In serviceable condition;
         3.  Of the appropriate size for the person for  whom
    it is intended; and
         4.  Legibly   marked   with  the  U.S.  Coast  Guard
    approval number.
    G.  Approved personal flotation devices  are  defined  as
follows:
         Type  I  -  A Type I personal flotation device is an
    approved device designed to turn an unconscious person in
    the water from a face downward position to a vertical  or
    slightly  backward  position  and  to  have  more than 20
    pounds of buoyancy.
         Type II - A Type II personal flotation device is  an
    approved device designed to turn an unconscious person in
    the  water from a face downward position to a vertical or
    slightly backward position and to have at  least  15  1/2
    pounds of buoyancy.
         Type  III  - A Type III personal flotation device is
    an approved device designed to keep a conscious person in
    a vertical or slightly backward position and to  have  at
    least 15 1/2 pounds of buoyancy.
         Type  IV - A Type IV personal flotation device is an
    approved device designed to be thrown to a person in  the
    water  and  not worn.  It is designed to have at least 16
    1/2 pounds of buoyancy.
         Type V - A Type V personal flotation  device  is  an
    approved device for restricted use and is acceptable only
    when used in the activity for which it is approved.
    H.  The  provisions  of  subsections  A through G of this
Section shall not apply to sailboats.
    I.  No person may operate a watercraft under 26  feet  in
length unless a Type I, Type II, Type III, or Type V personal
flotation  device is being properly worn by each person under
the age of 13 on board the watercraft at all times  in  which
the  watercraft  is underway; however, this requirement shall
not apply to persons  who  are  below  decks  or  in  totally
enclosed  cabin  spaces.  The provisions of this subsection I
shall not apply to a person operating a watercraft on private
property.
(Source: P.A. 87-391; 87-798; 87-895.)

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