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HAR13-244-15.5 Education Amendments

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This petition is for the opposition to the DAR new proposed law HAR13-244-15.5 Education Amendments. The new law will make it illegal to operate any motorized boat including jet skis, inflatables or even motorized kayaks. The law is posted below. Please sign this petition if you are against Hawaii taxing the people of Hawai'i more than they already do. 1. Chapter 13-244, Hawaii Administrative Rules, is amended by adding a new section 13-244-15.5 to read as follows: “§13-244-15.5 Operation of power driven vessels. (a) Any person operating a power driven vessel on the waters of the state shall be required to possess a certificate of completion from a National Association of State Boating Law Administrators (NASBLA) approved course on the safe use and operation of a power driven vessel that contains a component on Hawaii waters approved by the department. Exempt from this requirement are persons who: (1) Possess a valid license to operate a vessel issued for maritime personnel by the United States Coast Guard pursuant to 46 CFR Part 10, or (2) Operate a thrill craft in a commercial thrill craft zone as authorized by the State. (b) A person under fifteen (15) years of age shall not operate a power driven vessel on the waters of this state unless accompanied on-board and directly supervised by a person fifteen (15) years of age or older who holds the required certificate of completion. (c) A person or the person’s responsible managing employee or agent engaged in the business of renting or leasing power driven vessels shall not rent or lease a power driven vessel to any person for operation on the waters of the State unless the person: (1) Meets all the requirements of this rule; and (2) Is identified on the rental or lease agreement for a power driven vessel by name and age. A person or the person’s agent or employee renting or leasing power driven vessels who fails to request and inspect certificates or evidence of exemption is in violation of this rule. (d) A person who is operating a power driven vessel on any waters of the State and who is stopped 3 by a law enforcement officer shall present to the officer, upon request, a certificate of completion required by this rule or acceptable evidence of exemption from the required certificate. Failure to present a certificate of completion or acceptable evidence of exemption shall constitute a violation of this rule, unless the person presents the required certificate or evidence of exemption to a court of law and satisfies the court that this person held a proper certificate or was exempt at the time the person was asked to produce the certificate. (e) A person who alters, forges, counterfeits or falsifies a certificate or other document used as evidence, or who possesses a certificate or other document that has been altered, forged, counterfeited or falsified, or who loans or permits that person’s certificate or other document to be used by another person, shall be in violation of this rule. (f) The department shall maintain a list of NASBLA approved courses that provide a department approved component on Hawaii waters, which shall include but not be limited to: (1) Local ocean safety principles and practices; and (2) Any rules or laws pertaining to protected species and power driven vessel operation in the State. (g) This rule shall be enforced beginning on the second anniversary date of the rule’s effective date. (h) Pursuant to section 200-25, Hawaii Revised Statutes, any person violating this rule shall be fined not less than $50 and not more than $1000 or sentenced to a term of imprisonment of not more than thirty days, or both, for each violation; provided that in addition to, or as a condition to the suspension of, the fines and penalties, the court may deprive the offender of the privilege of operating any vessel in the waters of the State for a period of not more than thirty days.” [Eff ] (Auth: HRS §§200-2, 200-3, 200-4, 200-21, 200-22, 200-24, 200-25) (Imp: HRS §§200-2, 200-3, 200-4, 200-21, 200-22, 200-24, 200-25) 4 New material, except source notes is underscored. This amendment to Title 13, Subtitle 11 Ocean Recreation and Coastal Areas, Chapter 13-244, Hawaii Administrative Rules, shall take effect ten days after filing with the Office of the Lieutenant Governor.

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