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Article I - Definitions - Application - Jurisdiction

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(625 ILCS 45/Art. I heading) ARTICLE I.DEFINITIONS ‑ APPLICATION ‑ JURISDICTION(625 ILCS 45/1‑1) (from Ch. 95 1/2, par. 311‑1) Sec. 1‑1. Title and declaration of intent. This Act shall be known and may be cited as the "Boat Registration and Safety Act." It is the policy of this State to promote safety for persons and property in and connected with the use, operation and equipment of vessels and to promote uniformity of laws relating thereto. (Source: P.A. 82‑783.)(625 ILCS 45/1‑2) (from Ch. 95 1/2, par. 311‑2) Sec. 1‑2.Definitions.As used in this Act, unless the context clearly requires a different meaning: "Vessel" or "Watercraft" means every description of watercraft used or capable of being used as a means of transportation on water, except a seaplane on the water, innertube, air mattress or similar device, and boats used for concession rides in artificial bodies of water designed and used exclusively for such concessions. "Motorboat" means any vessel propelled by machinery, whether or not such machinery is the principal source of propulsion, but does not include a vessel which has a valid marine document issued by the Bureau of Customs of the United States Government or any Federal agency successor thereto. "Sailboat" means any watercraft propelled by sail or canvas, including sailboards. For the purposes of this Act, any watercraft propelled by both sail or canvas and machinery of any sort shall be deemed a motorboat when being so propelled. "Airboat" means any boat (but not including airplanes or hydroplanes) propelled by machinery applying force against the air rather than the water as a means of propulsion. "Lifeboat" means a small boat kept on board a larger boat for use in emergency. "Owner" means a person, other than lien holder, having title to a motorboat. The term includes a person entitled to the use or possession of a motorboat subject to an interest in another person, reserved or created by agreement and securing payment of performance of an obligation, but the term excludes a lessee under a lease not intended as security. "Waters of this State" means any water within the jurisdiction of this State. "Person" means an individual, partnership, firm, corporation, association, or other entity. "Operate" means to navigate or otherwise use a motorboat or vessel. "Department" means the Department of Natural Resources. "Competent" means capable of assisting a skier in case of injury or accident."Personal flotation device" or "PFD" means a device that is approved by the Commandant, U.S. Coast Guard, under Part 160 of Title 46 of the Code of Federal Regulations. "Recreational boat" means any vessel manufactured or used primarily for noncommercial use; or leased, rented or chartered to another for noncommercial use. "Personal watercraft" means a vessel that uses an inboard motor powering a water jet pump as its primary source of motor power and that is designed to be operated by a person sitting, standing, or kneeling on the vessel, rather than the conventional manner of sitting or standing inside the vessel, and includes vessels that are similar in appearance and operation but are powered by an outboard or propeller drive motor. "Specialty prop‑craft" means a vessel that is similar in appearance and operation to a personal watercraft but that is powered by an outboard or propeller driven motor. "Underway" applies to a vessel or watercraft at all times except when it is moored at a dock or anchorage area. "Use" applies to all vessels on the waters of this State, whether moored or underway. (Source: P.A. 89‑445, eff. 2‑7‑96.)(625 ILCS 45/1‑3) (from Ch. 95 1/2, par. 311‑3) Sec. 1‑3.Application and jurisdiction.The Department shall, for the purposes of this Act, have full and complete jurisdiction of all waters within the boundaries of the State of Illinois, subject only to the paramount authority of the Federal Government with reference to the navigation of such stream or streams and further subject to such powers as may be granted to political subdivisions of the State. Wherever the provisions of this Act conflict with the laws and regulations of the Federal Government, the laws and regulations of the Federal Government shall take precedence. (Source: P.A. 82‑783.)(625 ILCS 45/1‑4) (from Ch. 95 1/2, par. 311‑4) Sec. 1‑4. The Department is authorized to issue administrative rules for carrying out, administering and enforcing the provisions of this Act. The administrative rules shall be promulgated in accordance with The Illinois Administrative Procedure Act. Such rules, after becoming effective, shall be enforced in the same manner as are any other provisions of this Act and violators thereof are subject to the penalties set out in this Act. (Source: P.A. 85‑149.)(625 ILCS 45/1‑5) (from Ch. 95 1/2, par. 311‑5) Sec. 1‑5. The Department is authorized to cooperate with and to enter into reciprocal agreements with the appropriate departments of the federal government and other departments or agencies of other states for carrying out, administering, and enforcing the provisions of this Act. (Source: P.A. 85‑149.)
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  •       (625 ILCS 45/Art. I heading)
    ARTICLE I. DEFINITIONS ‑ APPLICATION ‑ JURISDICTION

        (625 ILCS 45/1‑1) (from Ch. 95 1/2, par. 311‑1)
        Sec. 1‑1. Title and declaration of intent. This Act shall be known and may be cited as the "Boat Registration and Safety Act." It is the policy of this State to promote safety for persons and property in and connected with the use, operation and equipment of vessels and to promote uniformity of laws relating thereto.
    (Source: P.A. 82‑783.)

        (625 ILCS 45/1‑2) (from Ch. 95 1/2, par. 311‑2)
        Sec. 1‑2. Definitions. As used in this Act, unless the context clearly requires a different meaning:
        "Vessel" or "Watercraft" means every description of watercraft used or capable of being used as a means of transportation on water, except a seaplane on the water, innertube, air mattress or similar device, and boats used for concession rides in artificial bodies of water designed and used exclusively for such concessions.
        "Motorboat" means any vessel propelled by machinery, whether or not such machinery is the principal source of propulsion, but does not include a vessel which has a valid marine document issued by the Bureau of Customs of the United States Government or any Federal agency successor thereto.
        "Sailboat" means any watercraft propelled by sail or canvas, including sailboards. For the purposes of this Act, any watercraft propelled by both sail or canvas and machinery of any sort shall be deemed a motorboat when being so propelled.
        "Airboat" means any boat (but not including airplanes or hydroplanes) propelled by machinery applying force against the air rather than the water as a means of propulsion.
        "Lifeboat" means a small boat kept on board a larger boat for use in emergency.
        "Owner" means a person, other than lien holder, having title to a motorboat. The term includes a person entitled to the use or possession of a motorboat subject to an interest in another person, reserved or created by agreement and securing payment of performance of an obligation, but the term excludes a lessee under a lease not intended as security.
        "Waters of this State" means any water within the jurisdiction of this State.
        "Person" means an individual, partnership, firm, corporation, association, or other entity.
        "Operate" means to navigate or otherwise use a motorboat or vessel.
        "Department" means the Department of Natural Resources.
        "Competent" means capable of assisting a skier in case of injury or accident.
        "Personal flotation device" or "PFD" means a device that is approved by the Commandant, U.S. Coast Guard, under Part 160 of Title 46 of the Code of Federal Regulations.
        "Recreational boat" means any vessel manufactured or used primarily for noncommercial use; or leased, rented or chartered to another for noncommercial use.
        "Personal watercraft" means a vessel that uses an inboard motor powering a water jet pump as its primary source of motor power and that is designed to be operated by a person sitting, standing, or kneeling on the vessel, rather than the conventional manner of sitting or standing inside the vessel, and includes vessels that are similar in appearance and operation but are powered by an outboard or propeller drive motor.
        "Specialty prop‑craft" means a vessel that is similar in appearance and operation to a personal watercraft but that is powered by an outboard or propeller driven motor.
        "Underway" applies to a vessel or watercraft at all times except when it is moored at a dock or anchorage area.
        "Use" applies to all vessels on the waters of this State, whether moored or underway.
    (Source: P.A. 89‑445, eff. 2‑7‑96.)

        (625 ILCS 45/1‑3) (from Ch. 95 1/2, par. 311‑3)
        Sec. 1‑3. Application and jurisdiction. The Department shall, for the purposes of this Act, have full and complete jurisdiction of all waters within the boundaries of the State of Illinois, subject only to the paramount authority of the Federal Government with reference to the navigation of such stream or streams and further subject to such powers as may be granted to political subdivisions of the State. Wherever the provisions of this Act conflict with the laws and regulations of the Federal Government, the laws and regulations of the Federal Government shall take precedence.
    (Source: P.A. 82‑783.)

        (625 ILCS 45/1‑4) (from Ch. 95 1/2, par. 311‑4)
        Sec. 1‑4. The Department is authorized to issue administrative rules for carrying out, administering and enforcing the provisions of this Act. The administrative rules shall be promulgated in accordance with The Illinois Administrative Procedure Act.
        Such rules, after becoming effective, shall be enforced in the same manner as are any other provisions of this Act and violators thereof are subject to the penalties set out in this Act.
    (Source: P.A. 85‑149.)

        (625 ILCS 45/1‑5) (from Ch. 95 1/2, par. 311‑5)
        Sec. 1‑5. The Department is authorized to cooperate with and to enter into reciprocal agreements with the appropriate departments of the federal government and other departments or agencies of other states for carrying out, administering, and enforcing the provisions of this Act.
    (Source: P.A. 85‑149.)

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