Chapter 299 Oregon Laws 2005

AN ACT

SB 56

Relating to boating safety; creating new provisions; and amending ORS 830.990.

Be It Enacted by the People of the State of Oregon:

SECTION 1. Section 2 of this 2005 Act is added to and made a part of ORS 830.210 to 830.420.

SECTION 2. (1) A person may not operate a motorboat or have the motorboat engine idle while any person holds on to or occupies any portion of the motorboat that is located aft of the transom of the motorboat, including a step, ladder, platform or deck, in order to:

(a) Ride on that portion of the motorboat while the motorboat is under way at any speed; or

(b) Be pulled by the motorboat while holding on to any portion of the motorboat that is located aft of the transom, including a step, ladder, platform or deck.

(2) Notwithstanding subsection (1) of this section, a person may operate a motorboat or have the motorboat engine idle with a person holding on to or occupying for a brief period of time a step, ladder, platform or deck that is located aft of the transom if that person is:

(a) Assisting in the docking or departure of the motorboat;

(b) Exiting or entering the motorboat; or

(c) Engaging in law enforcement activities.

SECTION 3. ORS 830.990 is amended to read:

830.990. (1) A person who violates [one of the following statutes, or any rule adopted by the State Marine Board pursuant to those statutes, commits a Class D violation:] ORS 830.050, 830.088, 830.090, 830.092, 830.094, 830.230, 830.415, 830.710, 830.720, 830.770, 830.780, 830.810, 830.850 [and] or 830.855, or rules adopted to carry out the purposes of those statutes, commits a Class D violation.

(2) A person who violates [one of the following statutes, or any rule adopted by the State Marine Board pursuant to those statutes, commits a Class C violation:] ORS 830.220, 830.240, 830.245, 830.250, 830.375, 830.475 (4), 830.480, 830.785, 830.805 [and] or 830.825, or rules adopted to carry out the purposes of those statutes, commits a Class C violation.

(3) A person who violates [one of the following statutes, or any rule adopted by the State Marine Board pursuant to those statutes, commits a Class B violation:] ORS 830.110, 830.175, 830.180, 830.185, 830.195, 830.210, 830.215, 830.225, 830.235, 830.260, 830.300, 830.315 (2) and (3), 830.335, 830.340, 830.345, 830.350, 830.355, 830.360, 830.365, 830.370, 830.410, 830.420, 830.495, 830.775, 830.795 [and] or 830.830 or section 2 of this 2005 Act, or rules adopted to carry out the purposes of those statutes, commits a Class B violation.

(4) A person who violates [one of the following statutes commits a Class A violation:] ORS 830.305 [and] or 830.390, [and] or rules adopted [thereunder] to carry out the purposes of those statutes, commits a Class A violation.

(5) A person who violates [one of the following statutes commits a Class B misdemeanor:] ORS 830.383 [and] or 830.909 commits a Class B misdemeanor.

(6) A person who violates [one of the following statutes commits a Class A misdemeanor:] ORS 830.035 (2), 830.053, 830.315 (1), 830.325, 830.475 (1), 830.730 [and] or 830.955 (1) commits a Class A misdemeanor.

(7) A person who violates ORS 830.475 (2) commits a Class C felony.

Approved by the Governor June 28, 2005

Filed in the office of Secretary of State June 28, 2005

Effective date January 1, 2006

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