GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1993

H	2 

HOUSE BILL 485
Committee Substitute Favorable 4/27/93

Short Title:  Adopt Navigation Rules.	(Public)
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Sponsors:
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Referred to:  
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March 24, 1993

A BILL TO BE ENTITLED
AN ACT TO ADOPT THE INLAND NAVIGATION RULES AS THE LAW IN THIS STATE.
The General Assembly of North Carolina enacts:
Section 1.  Chapter 75A of the General Statutes is amended by adding a new section to read:
"§ 75A-6.1. Navigation rules.
(a)	Every vessel operated on the waters of this State that is required to obtain an identification number pursuant to this Chapter or pursuant to a federally approved numbering system of another state shall comply with the navigation rules, including requirements for navigational lights, sound-signalling devices, and other equipment, contained in the Inland Navigational Rules Act of 1980, Pub. L. 96-591. 94 Stat. 3415, 33 U.S.C. §§ 2001 through 2038 and 2071 through 2073, as amended, and rules adopted pursuant to the Inland Navigational Rules Act, 33 Code of Federal Regulations § 84.01 et seq. (1 July 1992 Edition).
(b)	The Wildlife Resources Commission is responsible for the enforcement of the rules specified in subsection (a) of this section.  The rules specified in subsection (a) of this section are also enforceable by all peace officers with general subject matter jurisdiction.
(c)	Violation of the navigation rules specified in subsection (a) of this section shall constitute a misdemeanor punishable by a fine not to exceed thirty-five dollars ($35.00)."
Sec. 2.  G.S. 75A-6 reads as rewritten:
"§ 75-6.  Classification; rules.
(a)	Motorboats subject to the provisions of this Chapter shall be divided into four classes as follows:
(1)	Class A. Less than 16 feet in length.
(2)	Class 1. Sixteen feet or over and less than 26 feet in length.
(3)	Class 2. Twenty-six feet or over and less than 40 feet in length.
(4)	Class 3. Forty feet or over.
								" 				(f)	Every motorboat 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 Wildlife Resources Commission 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 Commission for each person on board.
(g)	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 Wildlife Resources Commission, 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)	The provisions of subsection (g) of this section shall not apply to motorboats while competing in any race conducted pursuant to G.S. 75A-14 or, if such 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)	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 Wildlife Resources Commission.
(j)	Every such motorboat and every such 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 Wildlife Resources Commission properly and efficiently ventilating the bilges of the engine and fuel tank compartments so as to remove any explosive or inflammable gases.
	(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.
(m)	In the event that any of the regulations of subsections (a), (f), (g), (h), (i), (j), (k), and (l) of this section are in conflict with the equipment regulations of the Federal Boat Safety Act of 1971 and the federal regulations adopted pursuant thereto, the Wildlife Resources Commission is hereby granted the authority to adopt such regulations as are necessary to conform with the Federal Boat Safety Act of 1971 and the federal regulations adopted pursuant thereto.
(n)	All boats propelled by machinery of 10 hp or less, which are operated on the public waters of this State, 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 Wildlife Resources Commission for each person on board, and from one-half hour after sunset to one-half hour before sunrise shall carry a white light in the stern or shall have on board a hand flashlight in good working condition, which light shall be ready at hand and shall be temporarily displayed in sufficient time to prevent collision.
(o)	The Commission for Health Services shall adopt rules establishing standards for the approval of sewage treatment devices and holding tanks for marine toilets installed in boats operating on the inland fishing waters of the State as designated by the Wildlife Resources Commission and the inland lake waters of the State.  No vessel operating on the inland fishing waters of the State as designated by the Wildlife Resources Commission and the inland lake waters of this State that is equipped with a marine toilet shall be registered by the Wildlife Resources Commission unless such vessel is provided with a sewage treatment device or holding tank approved by the Commission for Health Services.  All vessels operating on the inland fishing waters of the State as designated by the Wildlife Resources Commission and the inland lake waters of the State that are equipped with a marine toilet shall be required to provide a sewage treatment device or holding tank approved by the Commission for Health Services.  The protectors of the Wildlife Resources Commission shall inspect vessels on the inland fishing waters of the State as designated by the Wildlife Resources Commission and the inland lake waters to determine if approved treatment devices or holding tanks are properly installed and if they are operating in a satisfactory manner.  A vessel registered, documented or otherwise licensed in another state and equipped with a marine toilet not prohibited in such state may be operated on the inland fishing waters of the State as designated by the Wildlife Resources Commission, without regard to the provisions of this subsection while making an interstate trip."
Sec. 3.  This act becomes effective 1 December 1993, and applies to offenses committed on or after that date.