CHAPTER 60

FORMERLY

HOUSE SUBSTITUTE NO. 1

FOR

HOUSE BILL NO. 72

AN ACT TO AMEND TITLE 23 OF THE DELAWARE CODE RELATING TO NAVIGATION AND WATERS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two—thirds of all members elected to each House thereof concurring therein):

Section 1. Amend §2201, Chapter 22, Title 23 of the Delaware Code by redesignating subsections (a) through (e) thereof as subsections (b) through (f), respectively, and by adding a new subsection (a) to read as follows:

"(a) 'Department' means the Department of Natural Resources and Environmental Control."

Section 2. Amend §2202, Chapter 22, Title 23 of the Delaware Code by adding the notation "(a)" at the beginning of the existing text thereof and by adding a new subsection (b) to §2202 to read as follows:

"(a) A violation of subsection (a) of this section shall be an offense punishable by a fine of no more than $25 for each violation. The failure to provide a flotation device for more than one child in the same recreational boat at the same time, as required by this section, shall be treated as separate offenses."

Section 3. Amend §2203, Chapter 22, Title 23 of the Delaware Code by deleting §2203 in its entirety.

Section 4. Amend Chapter 22, Title 23 of the Delaware Code by adding thereto a new subchapter, designated as Subchapter III, which new subchapter shall read as follows:

"SUBCHAPTER III. BOATING SAFETY EDUCATION

§2221. Boating Safety Education

(a) From and after January 1, 1994, except as provided in §2222 of this subchapter, a person born on or after January 1, 1978 may not operate on the waters of this State a vessel required to be registered in this State or any other state, or documented by the United States Coast Guard, without first successfully completing a course of instruction prescribed by the Department and obtaining from the Department a Certificate of Boating Safety Education.

(b) Any Certificate of Boating Safety issued by any state, and approved by The National Association of State Boating Law Administrators, shall be deemed to be sufficient compliance with the requirements of this section.

(c) A person who is subject to the provisions of subsection (a) of this section shall:

(1) maintain in his or her possession, at all times while operating a vessel or recreational boat on the waters of this State, the Certificate of Boating Safety Education issued by the Department; and

(2) upon demand of any enforcement agent of the Division of Fish and Wildlife of the Department or any other law enforcement officer, show the Certificate of Boating Safety Education issued by the Department to such agent or officer.

§2222. Exemptions.

The following persons shall be exempted from the requirements of this section:

(1) any person who holds a valid Coast Guard captain's license; or

(2) any person who holds a valid Delaware River and Bay Pilot's License, or its equivalent from another jurisdiction.

§2223. Powers and duties of the Department.

(a) The Department shall coordinate and provide a statewide course of instruction in boating safety education for certification, and insure that courses are available at regular intervals within each county;

(b) Any course of instruction in boating safety education offered by the Department is not required to consist of more than six (6) classes, nor to exceed a cumulative total of twelve (12) hours.

(c) Tests may be administered verbally when appropriate.

(d) The Department shall replace, free or at cost, a lost or destroyed boating safety certification originally issued by the Department.

§2224. Certificate. validity.

Once issued, the Certification of Boating Safety Education shall be valid for the lifetime of the person to whom it was issued and may not be revoked by the Department or a Court of Law.

§2225. Penalties: Jurisdiction

Except as otherwise provided in this chapter, a violation of this subchapter shall be an offense punishable by a fine of not less than $25 nor more than $500, or up to 10 days in all for each such violation. Original jurisdiction for unclassified misdemeanors under this subchapter shall be in the Justice of the Peace Courts.


Approved June 30, 1993.