Vessels: operation: registration.

Plain English Breakdown

The bill's impact on local agencies and school districts remains unclear due to lack of reimbursement provisions.

Vessels: Operation and Registration

AB-2055 modifies the definition of for-hire vessels, expands ski flag requirements, mandates vessel registration with DMV, restricts court actions in boating under influence cases, and authorizes written notices for violations contributing to vessel accidents.

What This Bill Does

• Modifies the definition of 'for-hire vessel' to include any vessel propelled by machinery carrying one or more passengers for hire, making it a crime if such a vessel operates without permission.
• Expands ski flag requirements to mandate flags when towing skiers and also when there is a swimmer nearby.
• Mandates registration with the Department of Motor Vehicles (DMV) for all vessels using California waters, subject to federal law compliance.
• Prohibits courts from suspending or staying proceedings in cases where someone is charged with operating a vessel under the influence of alcohol or drugs.
• Authorizes police officers to issue written notices for people involved in boat accidents who violate boating laws and contributed to the accident.

Who It Names or Affects

• People who operate watercraft, especially those carrying passengers for hire.
• Swimmers near boats that should display flags indicating their presence.
• Owners of all watercraft using California waters, as they must now register with DMV.

Terms To Know

For-hire vessel

A boat or ship carrying one or more passengers for a fee.

Infraction

A minor violation of the law that is less serious than a misdemeanor and usually punishable by a fine.

Limits and Unknowns

• The bill requires all watercraft to be registered with DMV, but it must comply with federal laws.
• It does not specify how registration fees will be set or collected for the new requirement.
• The bill's full impact on local agencies and school districts is unclear as no reimbursement is required.

Official Summary Text

AB 2055, as amended, Jeff Gonzalez.
Vessels:
operation of personal watercraft: infractions.
operation: registration.
(1) Existing law prohibits a for-hire vessel from operating or navigating on the waters of this state, except as provided. A violation of this prohibition is a crime. Existing law defines “for-hire vessel” to include any vessel propelled by machinery carrying more than 3 passengers for hire, except as provided.
This bill would instead define “for-hire vessel” to include any vessel propelled by machinery carrying one or more passengers for hire, except as provided. By expanding the scope of a crime, the bill would impose a state-mandated local program.
(2) Under existing law, failure of an operator of a vessel involved in towing a skier to display or cause to be displayed a ski flag, as provided, is an infraction punishable by a fine not exceeding $15.
This bill would additionally make a failure of an operator of a vessel to display or cause to be displayed a ski flag to indicate a swimmer in the vicinity of the vessel an infraction punishable by a fine not exceeding $15, as specified. By expanding the scope of an infraction, the bill would impose a state-mandated local program.
(3) Existing law requires a vessel that is not required to have and does not have a valid marine document issued by a federal agency and that uses the waters or is on the waters of this state to be numbered in accordance with applicable state or federal law. A violation of this requirement is an infraction.
Existing law requires the Department of Motor Vehicles to provide a number for a vessel upon registration.
This bill would, to the extent permissible under federal law, require every vessel using the waters or on the waters of this state to be registered with the department. By expanding the scope of an infraction, the bill would impose a state-mandated local program.
(4) In a case in which a person is charged with driving a vehicle under the influence of alcohol or drugs, existing law prohibits a court from either staying or suspending the proceedings for the purpose of allowing the accused person to attend or participate in, or entertaining dismissal of the proceedings because the accused person attends or participates in, education, training, or treatment programs, as provided.
This bill would similarly prohibit a court from staying, suspending, or entertaining dismissal of the proceedings of a case in which a person is charged with operating a vessel under the influence of alcohol or drugs, as specified.
(5) Existing law authorizes a peace officer to prepare a written notice to appear when the officer has reasonable cause to believe that a person involved in a traffic accident has violated a traffic law and that the violation was a factor in the occurrence of the traffic accident, as provided.
This bill would similarly authorize a peace officer to prepare a written notice to appear when the officer has reasonable cause to believe that a person involved in a vessel accident has violated a boating law and that the violation was a factor in the occurrence of the vessel accident, as provided.
(6) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law generally regulates, with specified exceptions, the operation of personal watercraft, including requiring every personal watercraft to be operated in a reasonable and prudent manner at all times and prohibiting a person from operating a personal watercraft at any time between the hours from sunset to sunrise. Existing law makes a violation of these provisions an infraction.
This bill would make nonsubstantive changes to those provisions.

Current Bill Text

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