§ 3305b - Boating safety education; rules - Vermont Statutes

§ 3305b. Boating safety education; rules

(a) When required. A person born after January 1, 1974 shall not operate a motorboat on the public waters of this state without first obtaining a certificate of boating education.

(b) Possession of certificate. A person who is required to have a certificate of boating education shall:

(1) possess the certificate when operating a motorboat on the public waters of the state; and

(2) show the certificate on the demand of an enforcement officer wearing insignia identifying him or her as such or operating a law enforcement motorboat or vessel. However, no person charged with violating this subsection shall be convicted if the person produces in court, to the officer, or to a state's attorney a certificate which was valid at the time the violation occurred.

(c) Exemptions. The following persons are exempt from the requirements of this section:

(1) a person who is licensed by the United States Coast Guard to operate a vessel for commercial purposes;

(2) a person operating a vessel on a body of water located on private property; and

(3) any other person exempted by rules of the department of public safety.

Subsection (d) effective until July 1, 2010; see also subsection (d) set out below.

(d) Rules. The department of public safety shall:

(1) adopt rules that establish criteria for a course of instruction in boating safety education;

(2) adopt rules relating to transient boaters and persons who hire chartered vessels;

(3) administer a verbal test when appropriate;

(4) coordinate a statewide program of boating safety instruction and certification and ensure that a course of boating safety education is available within each county; and

(5) ensure that a course of boating safety education is available at the earliest practicable age for children.

Subsection (d) effective July 1, 2010; see also subsection (d) set out above.

(d) Rules. The department of public safety shall:

(1) adopt rules that establish criteria for a course of instruction in boating safety education;

(2) adopt rules relating to transient boaters and persons who hire chartered vessels;

(3) administer a verbal test when appropriate;

(4) coordinate a statewide program of boating safety instruction and certification and ensure that a course of boating safety education is available within each county;

(5) ensure that a course of boating safety education is available at the earliest practicable age for children; and

(6) ensure that the course includes an educational component regarding the environmental harm caused by aquatic nuisance species and how the spread of such species may be controlled when boaters follow specific steps to clean boats and trailers after use in state waters.

(e) Hours of instruction. Any course of boating safety education that is offered shall provide a minimum of eight hours of instruction.

(f) Persons offering courses. The following persons may offer the course of instruction in boating safety education if approved by the department of public safety:

(1) the department of public safety;

(2) the United States Coast Guard Auxiliary;

(3) the United States Power Squadron;

(4) a political subdivision;

(5) a municipal corporation;

(6) a state agency;

(7) a public or nonpublic school;

(8) any group, firm, association, or person.

(g) Issuance of certificate. The department of public safety or its designee, shall issue a certificate of boating safety education to a person who:

(1) passes the departmentally prescribed course in boating safety education; or

(2) passes a boating safety equivalency examination administered by persons authorized to offer the course on boating safety education.

(h) Education materials. Upon request, the department of public safety shall provide, without charge, boating safety education materials to persons who plan to take the boating safety equivalency examination.

(i) Lifetime issuance. Once issued, the certificate of boating safety education is valid for the lifetime of the person to whom it was issued and may not be revoked by the department of public safety or a court of law.

(j) Certificate replacement. The department of public safety shall replace, without charge, a lost or destroyed certificate if the department issued the certificate or has a record that the certificate was issued.

(k) Out-of-state certificate. A boating safety certificate issued in another state or country in accordance with or substantially equivalent to criteria of the National Association of State Boating Law Administrators is sufficient to comply with the requirements of this section. (Added 1989, No. 65, § 4; amended 2009, No. 46, § 6, eff. July 1, 2010.)