CHAPTER 11. REQUIREMENTS FOR MOTORBOAT OPERATORS
IC 14-15-11
Chapter 11. Requirements for Motorboat Operators
IC 14-15-11-1
"Bureau" defined
Sec. 1. As used in this chapter, "bureau" refers to the bureau ofmotor vehicles established by IC 9-14-1-1.
As added by P.L.57-1995, SEC.8.
IC 14-15-11-2
"Department" defined
Sec. 2. As used in this chapter, "department" refers to thedepartment of natural resources created by IC 14-9-1-1.
As added by P.L.57-1995, SEC.8.
IC 14-15-11-3
"Driver's license" defined
Sec. 3. As used in this chapter, "driver's license" means:
(1) an Indiana driver's license; or
(2) a license to operate a motor vehicle issued under the laws ofa jurisdiction other than Indiana.
As added by P.L.57-1995, SEC.8.
IC 14-15-11-4
"Indiana driver's license" defined
Sec. 4. As used in this chapter, "Indiana driver's license" means:
(1) an operator's license;
(2) a chauffeur's license; or
(3) a public passenger chauffeur's license;
that is issued to an individual by the bureau of motor vehicles underIC 9-24-3.
As added by P.L.57-1995, SEC.8.
IC 14-15-11-5
"Individual" defined
Sec. 5. As used in this chapter, "individual" means an individualhuman being.
As added by P.L.57-1995, SEC.8.
IC 14-15-11-6
"Motorboat" defined
Sec. 6. (a) As used in this chapter, "motorboat" means a watercraftthat is:
(1) equipped with an internal combustion, a steam, or anelectrical motor or engine that is inboard or outboard; or
(2) propelled by any mechanical means.
(b) The term includes a personal watercraft.
(c) The term includes a sailboat that is equipped with a motor oran engine described in subsection (a)(1) when in operation, whetheror not the sails are hoisted. (d) The term does not include a boat that is propelled by only one(1) motor or engine if the motor or engine is rated at not more thanten (10) horsepower.
As added by P.L.57-1995, SEC.8.
IC 14-15-11-7
"Personal watercraft" defined
Sec. 7. As used in this chapter, "personal watercraft" has themeaning set forth in IC 14-8-2-202.5.
As added by P.L.57-1995, SEC.8.
IC 14-15-11-8
"Public waters" defined
Sec. 8. As used in this chapter, "public waters" has the meaningset forth in IC 14-8-2-226.
As added by P.L.57-1995, SEC.8.
IC 14-15-11-9
License requirements
Sec. 9. (a) Except as provided in subsections (b) and (c), anindividual may not operate a motorboat on public waters unless theindividual holds a valid driver's license.
(b) An individual who is at least fifteen (15) years of age and whodoes not hold a valid driver's license may operate a motorboat onpublic waters if the individual:
(1) has been issued an identification card by the bureau underIC 9-24-16; and
(2) has successfully completed a boating education courseapproved by the department for the purposes of this chapter.
(c) An individual who:
(1) is at least twenty-one (21) years of age; and
(2) does not hold:
(A) a valid driver's license; or
(B) a driver's license that is suspended or revoked;
may operate a motorboat on public waters if the individual is issuedan identification card by the bureau under IC 9-24-16 before January1, 1996.
As added by P.L.57-1995, SEC.8.
IC 14-15-11-10
Knowing or intentional violations
Sec. 10. (a) Except as provided in section 11 of this chapter, anindividual who knowingly or intentionally operates a motorboat onpublic waters in violation of section 9 of this chapter commits aClass C infraction.
(b) In a proceeding to enforce this section, the burden is on thedefendant to prove by a preponderance of the evidence that, at thetime of the alleged offense, the defendant held a valid driver's licenseor identification card.
As added by P.L.57-1995, SEC.8.
IC 14-15-11-11
Operation of motorboat while license is suspended or revoked
Sec. 11. (a) Except as provided in subsection (b), a person whooperates a motorboat upon public waters while the person's Indianadriver's license is suspended or revoked commits a Class Ainfraction. However, if:
(1) a person knowingly or intentionally violates this subsection;and
(2) less than ten (10) years have elapsed between the date ajudgment was entered against the person for a prior unrelatedviolation of this subsection, IC 9-1-4-52 (repealed July 1, 1991),IC 9-24-18-5 (repealed July 1, 2000), or IC 9-24-19 and the datethe violation described in subdivision (1) was committed;
the person commits a Class A misdemeanor.
(b) If:
(1) a person operates a motorboat upon public waters while theperson's Indiana driver's license is suspended or revoked; and
(2) the person's suspension or revocation was a result of theperson's conviction of an offense (as defined in IC 35-41-1-19);
the person commits a Class A misdemeanor. However,notwithstanding IC 35-50-3-2, a person who violates this subsectionshall be imprisoned for a fixed term of not less than sixty (60) daysand not more than one (1) year. Notwithstanding IC 35-50-3-1, thecourt may not suspend any part of the sentence except that part of thesentence exceeding sixty (60) days.
(c) In addition to any other penalty imposed for a convictionunder this section, the court shall recommend that the person'sprivileges to operate a motorboat upon public waters be suspendedfor a fixed period of not less than ninety (90) days and not more thantwo (2) years.
(d) The bureau, upon receiving a record of conviction of a personon a charge of operating a motorboat while the person's driver'slicense was suspended, shall extend the period of suspension for afixed period of not less than ninety (90) days and not more than two(2) years. The bureau shall fix this period in accordance with therecommendation of the court that entered the conviction.
(e) In a prosecution under this section, the burden is on thedefendant to prove by a preponderance of the evidence that, at thetime of the alleged offense, the defendant held a valid Indianadriver's license.
As added by P.L.57-1995, SEC.8. Amended by P.L.32-2000, SEC.8.
IC 14-15-11-12
Unlawful authorization to operate motorboat
Sec. 12. (a) A person may not authorize or knowingly permit amotorboat that is:
(1) owned by the person; or
(2) under the person's control;
to be driven by a person whose operation of the motorboat violatesthis chapter. (b) A person who violates this section commits a Class Cinfraction.
As added by P.L.57-1995, SEC.8.
IC 14-15-11-13
Rules
Sec. 13. (a) The bureau of motor vehicles and the naturalresources commission established by IC 14-10-1-1 shall adopt rulesunder IC 4-22-2 to administer this chapter.
(b) The bureau of motor vehicles shall adopt rules concerning thefollowing matters:
(1) The suspension of a motorboat operator's license undersection 14 of this chapter.
(2) The assessment of points under section 17 of this chapteragainst a person who commits a misdemeanor by operating amotorboat.
(c) The natural resources commission shall adopt rules concerningthe following matters:
(1) The duties of the department under this chapter.
(2) The information that a boating education course must offerin order to be approved by the department for purposes of thischapter.
As added by P.L.57-1995, SEC.8.
IC 14-15-11-14
Suspension or revocation of driver's license by bureau
Sec. 14. (a) The bureau may suspend or revoke the driver's licenseof a person upon the conviction of the person of a crime based on aviolation of IC 14-15-3, IC 14-15-8, or IC 14-15-12.
(b) In suspending or revoking a driver's license under this section,the bureau shall follow the procedure set forth in IC 9-30-4.
As added by P.L.57-1995, SEC.8.
IC 14-15-11-15
Suspension or revocation of driver's license on recommendation ofcourt
Sec. 15. (a) A court in which an individual is convicted of a crimebased on a violation of IC 14-15-3, IC 14-15-8, or IC 14-15-12relating to the operation of a motorboat shall forward a certifiedabstract of the record of the conviction to the bureau.
(b) If, in the opinion of the court, an individual referred to insubsection (a) should be deprived of the privilege of operating avehicle or motorboat, the court shall recommend the suspension ofthe Indiana driver's license issued to the individual for a fixed period.The period of the suspension shall be established by the court butmay not exceed one (1) year.
(c) Upon receiving the recommendation of the court undersubsection (b), the bureau shall suspend the individual's license forthe period recommended by the court.
(d) A certified abstract forwarded to the bureau under subsection
(a):
(1) must be in the form prescribed by the bureau; and
(2) shall be accepted by an administrative agency or a court asprima facie evidence of the conviction and all other actionstated in the abstract.
As added by P.L.57-1995, SEC.8.
IC 14-15-11-16
Boating education course
Sec. 16. (a) If a person's Indiana driver's license is suspendedunder section 15 of this chapter, the court that recommends thesuspension of the person's driver's license may require the person, asa prerequisite to the ending of the suspension, to successfullycomplete a boating education course approved by the department forthe purposes of this chapter.
(b) A court that makes the ending of the suspension of a person'sIndiana driver's license conditional upon the person's completion ofthe boating education course under subsection (a) may also order therefunding to the person of part or all of the fine paid by the personupon conviction of the crime for which the person's license wassuspended, upon the person's completion of the boating educationcourse.
As added by P.L.57-1995, SEC.8.
IC 14-15-11-17
Assessment of points for motorboat violations
Sec. 17. (a) For purposes of the point system for Indiana trafficconvictions operated by the bureau under 140 IAC 1-4.5, the bureaushall assess points against a person who commits a crime byoperating a motorboat in violation of:
(1) IC 14-15-3;
(2) IC 14-15-8; or
(3) IC 14-15-12.
(b) The bureau shall assess points against a person under thissection for each crime referred to in subsection (a) that is committedby the person.
(c) The point study committee appointed by the commissionerunder 140 IAC 1-4.5-3, in consultation with the department, shalldetermine the number of points assessed under subsection (a) foreach type of criminal violation of IC 14-15-3, IC 14-15-8, orIC 14-15-12 based on the evaluation by the committee of the dangerto human life, human physical safety, and property posed by theviolation.
As added by P.L.57-1995, SEC.8.