§ 63-4232. Definitions - Requirements for persons younger than sixteen to operate certain motorized vessels, personal watercraft - Boating Safety Education Certificate.

A.  As used in this section:

1.  "Vessel" shall have the same meaning as defined in Section 4002 of Title 63 of the Oklahoma Statutes, but shall not include personal watercraft; and

2.  "Boating safety education course" means a course in safe boating that meets or exceeds the minimum instruction standards as established by the National Association of State Boating Law Administrators in effect at the time the course is completed.

B.  A person under sixteen (16) years of age shall not operate any vessel, as defined in this section, powered by a motor or combination of motors in excess of ten (10) horsepower or any sail-powered vessel sixteen (16) feet or greater in length on the waters of this state unless the person has:

1.  Successfully completed a boating safety education course or has passed a proctored equivalency examination which tests the knowledge of information included in the curriculum of such a course; and

2.  Received a Boating Safety Education Certificate as evidence of successful completion of a boating safety education course or an equivalency examination.

C.  A person at least twelve (12) years of age, but who has not reached sixteen (16) years of age, shall not operate a vessel, as defined in this section, powered by a motor or combination of motors in excess of ten (10) horsepower or any sail-powered vessel sixteen (16) feet or greater in length on the waters of this state unless the person:

1.  Has met the requirements listed in subsection B of this section; and

2.  Is accompanied by a competent adult, eighteen (18) years of age or older, who is in a position on or in the vessel to take immediate control of the vessel being operated.

D.  1.  A person under sixteen (16) years of age shall not operate a personal watercraft unless the person has met the requirements listed in subsection B of this section.

2.  A person at least twelve (12) years of age, but who has not reached sixteen (16) years of age, shall not operate a personal watercraft unless the person:

a.  Has met the requirements listed in subsection B of this section; and

b.  Is under the visual supervision by a competent adult, eighteen (18) years of age or older within a distance of five hundred (500) yards.

The operator of a personal watercraft shall stay at least fifty (50) feet away from all moving vessels, shall idle at or in the vicinity of docks and swimmers, and shall wear an approved personal flotation device.

E.  The Department of Public Safety shall promulgate rules necessary for:

1.  The certification of programs and tests for boating safety education offered by other public or private organizations;

2.  The administration of a boating safety education program; and

3.  The issuance of boating safety education certificates.

F.  A Boating Safety Education Certificate issued by the Department of Public Safety to a person who has successfully completed a boating safety education course or course equivalency examination shall not expire.

G.  A person who is operating a vessel on the waters of this state shall have in his or her immediate possession:

1.  The original Boating Safety Education Certificate as proof the operator meets the requirements of this section; or

2.  A photo identification that clearly shows the operator is sixteen (16) years of age or older.

Failure to present such proof upon request by a peace officer shall be prima facie evidence of a violation of this section.

Added by Laws 2006, c. 228, § 2, eff. Jan. 1, 2007.