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CHAPTER 21

Equipment and Operation of Watercraft

ARTICLE 1

General Provisions

SECTION 50215. Short title.

This act may be cited as the “South Carolina Boating and Safety Act of 1999.”

HISTORY: 1999 Act No. 124, Section 2.A.

SECTION 502110. Definitions.

As used in this title unless the context clearly requires a different meaning:

(1) “Abandon” or “abandoned” means any watercraft that has been moored, stranded, wrecked, sinking, or sunk, and has been left unattended for longer than fortyfive days. A watercraft is not abandoned if it is legally moored or is on private property.

(2) “Boat” means a vessel.

(3) “Associated equipment” does not include radio equipment and means:

(a) a system, part, or component of a boat as originally manufactured or a similar part or component manufactured or sold for replacement, repair, or improvement of the system, part, or component;

(b) an accessory or equipment for, or appurtenance to, a boat;

(c) a marine safety article, accessory, or equipment intended for use by a person on board a boat.

(4) “Boat livery” means a business that holds watercraft for rent, lease, or charter.

(5) “Certificate of number” means the registration.

(6) “Certificate of origin” means a document establishing the initial chain of ownership, such as manufacturer’s certificate of origin or statement of origin, importer’s certificate of origin, or builder’s certification.

(7) “Dealer’s permit” means a certificate issued by the department to a marine business to extend the privilege of using marine dealer demonstration numbers on boats or motors for demonstration or testing purposes and assignment on appropriate documents. Abuse of these privileges results in termination of the dealer’s permit.

(8) “Demonstration numbers” means a temporary certificate of number issued to permitted marine dealers or manufacturers for the purpose of demonstrating watercraft held for sale, or used on watercraft which are being repaired or tested or used by an established customer whose boat is being repaired.

(9) “Department” means the South Carolina Department of Natural Resources.

(10) “Hull identification number” means the letter and number combination required by the United States Coast Guard or its successor agency on all watercraft manufactured after November 1, 1972.

(11) “Marina” means a facility which provides mooring or dry storage for watercraft.

(12) “Marine dealer” means a business that engages in buying or selling, exchanging, brokering, manufacturing, or servicing watercraft or outboard motors for watercraft.

(13) “Marine manufacturer” means a person engaged in the manufacturing of watercraft or outboard motors for sale or trade.

(14) “No WakeIdle Speed” means a regulated boating area established for the safety of the public. “No WakeIdle Speed” means that a vessel cannot proceed at a speed greater than that speed which is necessary to maintain steerageway.

(15) “Operate” means to navigate, steer, drive, or be in control. It also includes the manipulation of moving water skis, a moving aquaplane, a moving surfboard, or similar moving device.

(16) “Operator” means the person who operates or has charge or command of the navigation or use of a vessel or watercraft.

(17) “Outboard motor” means a combustion engine or electric propulsion system, which is used to propel a watercraft and which is detachable from the watercraft as a unit. No outboard motor of less than five horsepower or its equivalent is required to be titled under this chapter.

(18) “Owner” means a person, other than a lienholder, who claims lawful possession of a vessel or outboard motor by virtue of legal title or equitable interest in it which entitled him to possession.

(19) “Person” means an individual, a partnership, a firm, a corporation, an association, or other legal entity.

(20) “Reportable boating accident” means an accident, collision, or other casualty involving a vessel subject to this chapter which results in loss of life, injury which results in loss of consciousness, necessity for medical treatment, necessity to carry a person from the scene, disability which prevents the discharge of normal duties beyond the day of casualty, or actual physical damage to property including vessels in excess of the minimum amount set by the United States Coast Guard for reportable accidents.

(21) “Serial number” means the identifying manufacturer’s number affixed to a watercraft before November 2, 1972, and to outboard motors before, on, and after that date. The serial number of watercraft manufactured after November 1, 1972, is part of the hull identification number.

(22) “Temporary certificate of number” is a temporary registration assigned to a vessel to allow operation for a limited purpose.

(23) “Tender” means a small watercraft attendant to a larger vessel that meets United States Coast Guard requirements and is used solely for ferrying supplies or passengers and crew between its parent vessel and shore.

(24) “Use” means operate, navigate, or employ.

(25) “Vessel” means every description of watercraft, other than a seaplane regulated by the federal government, used or capable of being used as a means of transportation on water.

(26) “Water device” means a motorboat, boat, personal watercraft or vessel, water skis, an aquaplane, surfboard, or other similar device.

(27) “Waters of the State” means waters within the territorial limits of the State but not private lakes or ponds.

(28) “Watercraft” means any thing used or capable of being used as a means of transportation on the water but does not include: a seaplane regulated by the federal government, water skis, aquaplanes, surfboards, windsurfers, tubes, rafts, and similar devices or any thing that does not meet construction or operational requirements of the state or federal government for watercraft.

HISTORY: 1962 Code Section 70295; 1955 (49) 299; 1959 (51) 409; 1961 (52) 588; 1972 (57) 2791; 1993 Act No. 128, Section 3; 1993 Act No. 181, Section 1269; 1999 Act No. 100, Part II, Section 64.G, H; 1999 Act No. 124, Section 2.A; 2008 Act No. 344, Section 2, eff six months after approval (approved June 11, 2008).

Code Commissioner’s Note

This section was amended by 1999 Act No. 100, Part II, Sections 64.G and 64.H and by 1999 Act No. 124, Section 2.B. The two definitions of “dealer’s permit” from Act No. 100 and Act No. 124 are being read together and the definition of “demonstration numbers” from Act No. 100 is being added as item (7) and the remaining items renumbered at the direction of the Code Commissioner.

Effect of Amendment

The 2008 amendment rewrote this section.

SECTION 502120. Legislative declaration of policy.

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.

HISTORY: 1962 Code Section 70295.1; 1955 (49) 299; 1959 (51) 409; 1972 (57) 2791; 1993 Act No. 181, Section 1269.

SECTION 502130. Watercraft laws and ordinances; application for special rules and regulations.

(1) The provisions of Title 50 and other applicable laws of this State shall govern the operation, equipment, titling, numbering, and all other matters relating thereto for watercraft and water devices using or held for use on the waters of this State; but nothing in this chapter may be construed to prevent the adoption of any ordinance or local law relating to operation and equipment of watercraft; provided, that the ordinances or local laws shall be operative only so long as and to the extent that they are identical to provisions of this chapter, amendments thereto, or regulations issued thereunder.

(2) Any subdivision of this State may, at any time, but only after three days’ public notice make formal application to the department for special rules and regulations with reference to the operation of vessels on any waters within its territorial limits and shall set forth therein the reasons which make such special rules and regulations necessary or appropriate.

(3) The department is hereby authorized to make special rules and regulations with reference to the operation of vessels on waters within the territorial limits of this State.

HISTORY: 1962 Code Section 70295.2; 1955 (49) 299; 1959 (51) 409; 1972 (57) 2791; 1993 Act No. 181, Section 1269; 2008 Act No. 344, Section 3, eff six months after approval (approved June 11, 2008).

Effect of Amendment

The 2008 amendment, in subsection (1), substituted “Title 50” for “this chapter”, added ‘titling”, substituted “for watercraft and water devices using or held for use on” for “whenever any vessel shall be operated on” and “watercraft;” for “vessels the provisions of which are identical to the provisions of this chapter, amendments thereto, or regulations issued thereunder;” and made nonsubstantive language changes.

SECTION 502135. Repealed by 2008 Act No. 344, Section 30, eff 6 months after approval (approved June 11, 2008).

Editor’s Note

Former Section 502135 was entitled “Use of demonstration numbers; contents of application form; penalties” and was derived from 1999 Act No. 100, Part II, Section 64.I.

SECTION 502140. Administration of chapter.

The administration of this chapter shall be vested in the department. The department shall enforce this chapter through its Natural Resources Enforcement Division.

HISTORY: 1962 Code Section 70295.3; 1955 (49) 299; 1959 (51) 409; 1972 (57) 2431; 1993 Act No. 181, Section 1269.

SECTION 502145. Administration of oaths; acknowledgment of signatures.

Officers and employees of the Department engaged in the work of administering and enforcing the provisions of this chapter may administer oaths and acknowledge signatures and must do so without fee.

HISTORY: 1984 Act No. 363, Section 1; 1993 Act No. 181, Section 1269.

SECTION 502150. Director and other personnel to carry out provisions of chapter; salary and terms of employment.

The director shall employ or assign such clerical, administrative, technical and enforcement personnel as may be required to carry out the provisions of this chapter.

HISTORY: 1962 Code Section 70295.4; 1955 (49) 299; 1959 (51) 409; 1972 (57) 2431; 1993 Act No. 181, Section 1269.

SECTION 502160. Repealed by 2008 Act No. 344, Section 30, eff 6 months after approval (approved June 11, 2008).

Editor’s Note

Former Section 502160 was entitled “Personnel, expenses, and salaries approved by Budget and Control Board” and was derived from 1962 Code Section 70295.5; 1955 (49) 299; 1959 (51) 409; 1993 Act No. 181, Section 1269.

SECTION 502170. Limit on expenses and costs of administration.

The expenses and cost of administration of this chapter shall at no time exceed the revenue derived through the provisions of this chapter and funds received from the federal government for use in administering boating laws.

HISTORY: 1962 Code Section 70295.6; 1955 (49) 299; 1959 (51) 409; 1972 (57) 2791; 1993 Act No. 181, Section 1269.

SECTION 502180. Enforcement of provisions of chapter; authority to issue summons or make arrests.

Any person employed or elected by this State or political subdivision thereof, whose duty it is to preserve the peace or to make arrests or to enforce the law including, but not limited to, members of the sheriff’s departments, state police, enforcement officers, deputies, or other qualified persons, upon recommendation of the appropriate agency, may be empowered to enforce the provisions of this chapter. The department shall be the agency primarily responsible for enforcement of all laws pertaining to boating. Any such person is empowered to issue a summons for appearance in court or before a magistrate or make arrest for violations of this chapter or of the regulations prescribed under it.

HISTORY: 1962 Code Section 70295.17; 1955 (49) 299; 1959 (51) 409; 1972 (57) 2791; 1993 Act No. 181, Section 1269; 2008 Act No. 321, Section 1, eff 6 months after approval (approved June 16, 2008).