2005 Nevada Revised Statutes - Chapter 488 — Watercraft

CHAPTER 488 - WATERCRAFT

GENERAL PROVISIONS

NRS 488.015 Shorttitle.

NRS 488.025 Declarationof policy.

NRS 488.035 Definitions.

NRS 488.045 Regulationsof Board of Wildlife Commissioners: Adoption.

NRS 488.055 Regulationsof Board of Wildlife Commissioners: Filing and publication.

NRS 488.059 Applicability;local regulation.

OWNERSHIP, REGISTRATION AND NUMBERING

NRS 488.065 Operationof unnumbered or uncertified motorboat prohibited.

NRS 488.075 Number,certificate of number and certificate of ownership: Application; issuance;fees; location of number on boat.

NRS 488.078 Departmentto submit certain information to Division of Welfare and Supportive Services.[Expires by limitation on the date of the repeal of the federal law requiringeach state to establish procedures for withholding, suspending and restrictingthe professional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings.]

NRS 488.085 Recordationin this State of number previously awarded pursuant to federally approvednumbering system of another state.

NRS 488.105 Conformityof state numbering system with federal system.

NRS 488.115 Awardingof certificates of number; authorization of agents; retention of fee by agent;public records.

NRS 488.125 Certificatesof number effective for 1 year; renewal.

NRS 488.135 Departmentto fix date on which certificates of number lapse.

NRS 488.145 Destructionor abandonment of motorboat: Owner to furnish notice to Department; terminationof certificate of number.

NRS 488.155 Changeof address of holder of certificate of number or ownership: Holder to notifyDepartment and furnish new address; surrender and replacement or alteration ofinaccurate certificates.

NRS 488.165 Displayof unauthorized number or decal prohibited.

NRS 488.171 Hull numbers: Prohibited acts; assignment to handmade vessels; penalty.

NRS 488.175 Exemptionfrom requirements for numbering and titling; issuance of exempt numbers.

NRS 488.1793 Requirementsfor transfer of ownership or interest.

NRS 488.1795 Transfereeto file certificates, pay fee and apply for new certificates.

NRS 488.1797 Requirementsfor issuance of certificate of ownership.

NRS 488.1801 Transferorto notify Department of transfer of title or interest.

NRS 488.1803 Dealersreport of sale, lease or other transfer; exception.

NRS 488.1805 Interestof registered owner not affected by assignment by legal owner.

NRS 488.1807 Endorsementof certificate on transfer by legal owner.

NRS 488.181 Endorsementof certificate on transfer by registered owner.

NRS 488.1813 Issuanceof duplicate certificate on loss, destruction or mutilation of original.

NRS 488.1815 Failureto endorse or deliver certificate to transferee unlawful.

NRS 488.1817 Newcertificate not required on substitution of security interest between sameparties; time limit.

NRS 488.182 Transferof ownership not required on pledge of security interest.

NRS 488.1823 Procedurefor perfection of security interest.

NRS 488.1825 Methodprescribed for perfecting security interest is exclusive.

NRS 488.1826 Suspensionof certificate of number or validation decal for failure to pay child supportor comply with certain subpoenas or warrants; reinstatement of certificate ofnumber or validation decal. [Expires by limitation on the date of the repeal ofthe federal law requiring each state to establish procedures for withholding,suspending and restricting the professional, occupational and recreationallicenses for child support arrearages and for noncompliance with certain processesrelating to paternity or child support proceedings.]

NRS 488.1827 Suspensionor revocation of certificate or number if fraudulently obtained or fee wasunpaid.

EQUIPMENT

NRS 488.185 Classificationof motorboats.

NRS 488.187 Lights.

NRS 488.193 Personalflotation devices; fire extinguishers; flame arrestors; ventilation of bilges;modification of requirements.

NRS 488.195 Mufflingdevices.

NRS 488.197 Sirens.

NRS 488.198 Whistles;bells.

NRS 488.257 Mooringbuoy defined; requirements for colors and lights.

NRS 488.259 Mooringbuoy: Permit required; exception; permit for placement in navigable waters.

NRS 488.261 Mooringbuoy: Permit for placement in nonnavigable waters; permit for temporaryplacement; regulations and enforcement.

NRS 488.263 Permitnot required for temporary mooring buoy.

NRS 488.265 Anchoringor mooring vessel which obstructs passageway prohibited; exceptions.

NRS 488.285 Mooringto buoy or navigational aid prohibited; interference with buoy or navigationalaid without written authorization prohibited; exception; penalties.

ABANDONED VESSELS

NRS 488.291 Abandonmentprohibited; evidence of responsibility for abandonment; removal of vessel frompublic waterway.

NRS 488.293 Authorityof peace officer to identify registered owner of vessel abandoned on privateproperty; peace officer to notify Department of removal of abandoned vessel;law enforcement agency to notify owner or holder of security interest regardinglocation of and procedure for claiming vessel; waiver of interest in vessel;transfer of ownership to law enforcement agency.

BOAT LIVERIES

NRS 488.295 Dutiesof owner; records and equipment.

REGATTAS AND RACES

NRS 488.305 Authorityof Department to authorize events; regulations concerning safety; applicationfor permission; reimbursement of Department; contents of application;compliance with federal law.

DIVERS

NRS 488.310 Displayof divers flag required; operation of vessel within 100 feet of flagprohibited; operation of vessel within 200 feet of flag limited; exception foremergencies.

DISPOSAL OF WASTE

NRS 488.320 Useof approved marine sanitation device required; unlawful to discharge sewage;regulations; penalties.

OPERATION

Operating Under Influence of Intoxicating Liquor or Controlled orProhibited Substance

NRS 488.400 Operationof vessel or manipulation of water skis or surfboard recklessly or whileintoxicated or under influence of controlled substance prohibited.

NRS 488.405 Concentrationof alcohol of 0.08 or more in his blood or breath defined. [Effective untilthe date of the repeal of the federal law requiring each state to make itunlawful for a person to operate a motor vehicle with a blood alcohol concentrationof 0.08 percent or greater as a condition to receiving federal funding for theconstruction of highways in this State.]

NRS 488.405 Concentrationof alcohol of 0.10 or more in his blood or breath defined. [Effective on thedate of the repeal of the federal law requiring each state to make it unlawfulfor a person to operate a motor vehicle with a blood alcohol concentration of0.08 percent or greater as a condition to receiving federal funding for theconstruction of highways in this State.]

NRS 488.410 Unlawfulacts; penalty. [Effective until the date of the repeal of the federal lawrequiring each state to make it unlawful for a person to operate a motorvehicle with a blood alcohol concentration of 0.08 percent or greater as acondition to receiving federal funding for the construction of highways in thisState.]

NRS 488.410 Unlawfulacts; penalty. [Effective on the date of the repeal of the federal lawrequiring each state to make it unlawful for a person to operate a motorvehicle with a blood alcohol concentration of 0.08 percent or greater as acondition to receiving federal funding for the construction of highways in thisState.]

NRS 488.420 Penaltyif death or substantial bodily harm results; exception; segregation ofoffender; plea bargaining prohibited; affirmative defense; aggravating factor.[Effective until the date of the repeal of the federal law requiring each stateto make it unlawful for a person to operate a motor vehicle with a bloodalcohol concentration of 0.08 percent or greater as a condition to receivingfederal funding for the construction of highways in this State.]

NRS 488.420 Penaltyif death or substantial bodily harm results; exception; segregation ofoffender; plea bargaining prohibited; affirmative defense; aggravating factor.[Effective on the date of the repeal of the federal law requiring each state tomake it unlawful for a person to operate a motor vehicle with a blood alcoholconcentration of 0.08 percent or greater as a condition to receiving federalfunding for the construction of highways in this State.]

NRS 488.425 Homicideby vessel: Penalty; segregation of offender; plea bargaining prohibited;affirmative defense; aggravating factor. [Effective until the date of therepeal of the federal law requiring each state to make it unlawful for a personto operate a motor vehicle with a blood alcohol concentration of 0.08 percentor greater as a condition to receiving federal funding for the construction ofhighways in this State.]

NRS 488.425 Homicideby vessel: Penalty; segregation of offender; plea bargaining prohibited;affirmative defense; aggravating factor. [Effective on the date of the repealof the federal law requiring each state to make it unlawful for a person tooperate a motor vehicle with a blood alcohol concentration of 0.08 percent orgreater as a condition to receiving federal funding for the construction ofhighways in this State.]

NRS 488.427 Penaltyfor second or subsequent felony; exception; segregation of offender; pleabargaining prohibited; aggravating factor.

NRS 488.430 Evaluationof certain offenders before sentencing.

NRS 488.440 Feefor chemical analysis.

NRS 488.450 Impliedconsent to preliminary test of breath; failure to submit to test; use ofresults of test.

NRS 488.460 Impliedconsent to evidentiary test; exemption from blood test; choice of test;circumstances in which peace officer may direct person to submit to blood test;restrictions on requiring urine test; failure to submit to test.

NRS 488.470 Requirementsfor evidentiary test of breath to determine concentration of alcohol in breath;use of reasonable force to obtain sample or conduct test.

NRS 488.480 Admissibilityof evidence of failure to submit to evidentiary test and results of test;availability of results of test; presumption of accuracy and reliability oftesting device; judicial notice of certification of operator of testing device;other evidence not precluded.

NRS 488.490 Opportunityof arrested person to choose qualified person to administer test; substitutionof test prohibited.

NRS 488.500 Admissibilityof results of blood test in criminal action; immunity from liability for personadministering blood test in certain circumstances.

NRS 488.510 Presumptionthat solution or gas used to calibrate device for testing breath is properlyprepared.

NRS 488.520 Analysisof blood of deceased victim of accident involving vessel to determine presenceand concentration of alcohol.

 

Miscellaneous Provisions

NRS 488.540 Commissionmay establish and maintain pilot rules; operator to maintain proper lookout;operation of vessel without required equipment prohibited.

NRS 488.550 Collisions,accidents and other casualties.

NRS 488.560 Transmittalof information regarding collision or accident to federal agency.

 

Prohibited Acts

NRS 488.570 Operationof vessel towing person on water skis, surfboard, inflatable device or similardevice; operation of vessel within 100 feet of person being towed.

NRS 488.575 Wearingof personal flotation device by passenger less than 12 years of age: Duty ofperson who operates, owns or controls vessel; exceptions.

NRS 488.580 Operationof personal watercraft.

NRS 488.590 Overloadingvessel prohibited.

NRS 488.600 Unlawfuloperation of vessel: Reduced speed required in certain areas.

NRS 488.610 Unlawfuloperation of vessel in restricted area; designation and marking of restrictedareas.

NRS 488.620 Operationof vessel in area marked for bathing, wading, diving, floating or swimming.

NRS 488.630 Operationof vessel in unsafe condition; penalties.

OPERATION OF MOTORBOATS ON INTERSTATE WATERS; INSTRUCTION INSAFE BOATING

NRS 488.730 Operationof certain motorboats on interstate waters of State by persons born on or afterJanuary 1, 1983: Requirements; presentation to peace officer of certaindocumentation; duties of certain persons engaged in business of renting or leasingmotorboats.

NRS 488.740 Departmentto certify persons to provide instruction in safe boating; powers and duties ofDepartment concerning courses in safe boating.

NRS 488.750 Personsborn on or after January 1, 1983, to submit to Department certification ofcompletion of course or passage of proficiency examination in safe boating;database of certificates.

ENFORCEMENT

NRS 488.900 Enforcementby game wardens and other peace officers; inspection of vessel.

NRS 488.910 Seizureof vessel to preserve evidence of crime; payment of storage fees.

NRS 488.920 Citation;taking person before magistrate.

PENALTIES

NRS 488.950 Penaltyfor violating provision of chapter: Criminal penalty; authority of court torequire successful completion of course in safe boating as prerequisite tooperation of motorboat upon interstate waters of State.

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GENERAL PROVISIONS

NRS 488.015 Shorttitle. This chapter shall be known and may becited as the Nevada Boat Act.

(Added to NRS by 1960, 474)

NRS 488.025 Declarationof policy. It is the policy of this state topromote safety for persons and property in and connected with the use,operation and equipment of vessels and to promote uniformity of laws relatingthereto.

(Added to NRS by 1960, 473)

NRS 488.035 Definitions. As used in this chapter, unless the context otherwiserequires:

1. Commission means the Board of WildlifeCommissioners.

2. Department means the Department of Wildlife.

3. Flat wake means the condition of the water closeastern a moving vessel that results in a flat wave disturbance.

4. Interstate waters of this state means watersforming the boundary between the State of Nevada and an adjoining state.

5. Legal owner means a secured party under asecurity agreement relating to a vessel or a renter or lessor of a vessel tothe State or any political subdivision of the State under a lease or anagreement to lease and sell or to rent and purchase which grants possession ofthe vessel to the lessee for a period of 30 consecutive days or more.

6. Motorboat means any vessel propelled bymachinery, whether or not the machinery is the principal source of propulsion.

7. Operate means to navigate or otherwise use amotorboat or a vessel.

8. Owner means:

(a) A person having all the incidents of ownership,including the legal title of a vessel, whether or not he lends, rents orpledges the vessel; and

(b) A debtor under a security agreement relating to avessel.

Owner doesnot include a person defined as a legal owner under subsection 5.

9. Prohibited substance has the meaning ascribed toit in NRS 484.1245.

10. Registered owner means the person registered bythe Commission as the owner of a vessel.

11. A vessel is under way if it is adrift, makingway or being propelled, and is not aground, made fast to the shore, or tied ormade fast to a dock or mooring.

12. Vessel means every description of watercraft,other than a seaplane on the water, used or capable of being used as a means oftransportation on water.

13. Waters of this state means any waters within theterritorial limits of this state.

(Added to NRS by 1960, 474; A 1965, 1060; 1967, 127;1971, 756; 1979, 911; 1985, 519, 1962; 1991, 853; 1993, 222; 1999, 3430; 2003, 1567)

NRS 488.045 Regulationsof Board of Wildlife Commissioners: Adoption. TheCommission may carry out the provisions of this chapter by appropriate regulations.

(Added to NRS by 1960, 482; A 1965, 1061)

NRS 488.055 Regulationsof Board of Wildlife Commissioners: Filing and publication. A copy of the regulations adopted pursuant to theprovisions of this chapter, and any amendments thereto, shall be filed in theoffice of the Commission. Rules and regulations shall be published by theCommission in a convenient form.

(Added to NRS by 1960, 481; A 1965, 1061)

NRS 488.059 Applicability;local regulation.

1. The provisions of this chapter, and of otherapplicable laws of this state, shall govern the operation, equipment, numberingand all other matters relating thereto whenever any vessel is operated on thewaters of this state, or when any activity regulated by this chapter takesplace thereon; but nothing in this chapter prevents the adoption of anyordinance or local law relating to operation and equipment of vessels theprovisions of which are identical to the provisions of this chapter, amendmentsthereto or regulations issued thereunder.

2. Such ordinances or local laws shall be operativeonly so long as and to the extent that they continue to be identical toprovisions of this chapter, amendments thereto or regulations issuedthereunder.

3. Any subdivision of this state may, at any time, butonly after public notice, make formal application to the Commission for specialrules and regulations with reference to the operation of vessels on any waterswithin its territorial limits and shall set forth therein the reasons whichmake such special rules or regulations necessary or appropriate.

4. The Commission may make special rules andregulations with reference to the operation of vessels on any waters within theterritorial limits of any subdivision of this state.

(Added to NRS by 1960, 481; A 1965,1067)(Substituted in revision for NRS 488.345)

OWNERSHIP, REGISTRATION AND NUMBERING

NRS 488.065 Operationof unnumbered or uncertified motorboat prohibited.

1. Every motorboat on the waters of this state must benumbered and titled, except as otherwise provided in subsection 4 and NRS 488.175.

2. Upon receipt of an original application for acertificate of ownership or for transfer of a certificate of ownership on anundocumented motorboat, the Department may assign an appropriate builders hullnumber to the motorboat whenever there is no builders number thereon, or whenthe builders number has been destroyed or obliterated. The builders numbermust be permanently marked on an integral part of the hull which is accessible forinspection.

3. A person shall not operate or give permission forthe operation of any motorboat on the waters of this state unless:

(a) The motorboat is numbered in accordance with theprovisions of this chapter or with the federally approved numbering system ofanother state;

(b) The certificate of number awarded to the motorboatis in effect;

(c) The identifying number set forth in the certificateof number is displayed on each side of the bow of the motorboat; and

(d) A valid certificate of ownership has been issued tothe owner of any motorboat required to be numbered under this chapter.

4. Any person who purchases or otherwise owns amotorboat before January 1, 1972, is not required to obtain title for themotorboat until he transfers any portion of his ownership in the motorboat toanother person.

(Added to NRS by 1960, 474; A 1971, 1378; 1985, 342,1962; 1993, 1645; 2003,1567, 2823)

NRS 488.075 Number,certificate of number and certificate of ownership: Application; issuance;fees; location of number on boat.

1. The owner of each motorboat requiring numbering bythis state shall file an application for a number and for a certificate ofownership with the Department on forms approved by it accompanied by:

(a) Proof of payment of Nevada sales or use tax asevidenced by proof of sale by a Nevada dealer or by a certificate of use taxpaid issued by the Department of Taxation, or by proof of exemption from thosetaxes as provided in NRS 372.320.

(b) Such evidence of ownership as the Department mayrequire.

TheDepartment shall not issue a number, a certificate of number or a certificateof ownership until this evidence is presented to it.

2. The application must be signed by the owner of themotorboat and must be accompanied by a fee of $20 for the certificate ofownership and a fee according to the following schedule as determined by thestraight line length which is measured from the tip of the bow to the back ofthe transom of the motorboat:

 

Less than 13 feet...................................................................................................... $20

13 feet or more but less than 18feet........................................................................ 25

18 feet or more but less than 22feet........................................................................ 40

22 feet or more but less than 26feet........................................................................ 55

26 feet or more but less than 31feet........................................................................ 75

31 feet or more ......................................................................................................... 100

 

Except as otherwise provided in this subsection, all feesreceived by the Department under the provisions of this chapter must bedeposited in the Wildlife Account in the State General Fund and may be expendedonly for the administration and enforcement of the provisions of this chapter.On or before December 31 of each year, the Department shall deposit with therespective county school districts 50 percent of each fee collected accordingto the motorboats length for every motorboat registered from their respectivecounties. Upon receipt of the application in approved form, the Departmentshall enter the application upon the records of its office and issue to theapplicant a certificate of number stating the number awarded to the motorboat,a certificate of ownership stating the same information and the name andaddress of the registered owner and the legal owner.

3. A certificate of number may be renewed each year bythe purchase of a validation decal. The fee for a validation decal isdetermined by the straight line length of the motorboat and is equivalent tothe fee set forth in the schedule provided in subsection 2. The amount of thefee for issuing a duplicate validation decal is $20.

4. The owner shall paint on or attach to each side ofthe bow of the motorboat the identification number in such manner as may beprescribed by regulations of the Commission in order that the number may beclearly visible. The number must be maintained in legible condition.

5. The certificate of number must be available at alltimes for inspection on the motorboat for which issued, whenever the motorboatis in operation.

6. The Commission shall provide by regulation for theissuance of numbers to manufacturers and dealers which may be usedinterchangeably upon motorboats operated by the manufacturers and dealers inconnection with the demonstration, sale or exchange of those motorboats. Theamount of the fee for each such a number is $20.

(Added to NRS by 1960, 475; A 1963, 783; 1965, 1061;1969, 562; 1971, 757, 1378; 1975, 643, 1747, 1749, 1783, 1785; 1979, 912; 1981,182; 1983, 333; 1985, 1963; 1987, 854; 1991, 2106; 1993, 1026, 1646; 1995, 553;2003, 1568, 2553)

NRS 488.078 Departmentto submit certain information to Division of Welfare and Supportive Services.[Expires by limitation on the date of the repeal of the federal law requiringeach state to establish procedures for withholding, suspending and restrictingthe professional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings.] The Departmentshall, upon request of the Division of Welfare and Supportive Services of theDepartment of Health and Human Services, submit to the Division of Welfare andSupportive Services the name, address and social security number of each personwho has been issued a certificate of number or a validation decal and anypertinent changes in that information.

(Added to NRS by 1997, 2081; A 2003, 1569)

NRS 488.085 Recordationin this State of number previously awarded pursuant to federally approvednumbering system of another state. The ownerof any motorboat already covered by a number in effect which has been awardedto it pursuant to a federally approved numbering system of another state mustrecord the number before operating the motorboat on the waters of this state inexcess of the 90-day reciprocity period provided for in NRS 488.175. The recordation must be in themanner and pursuant to the procedure required for the award of a number under NRS 488.075, but no additional orsubstitute number may be issued.

(Added to NRS by 1960, 475; A 2003, 2823)

NRS 488.105 Conformityof state numbering system with federal system. Ifan agency of the United States Government has in force an overall system of identificationnumbering for motorboats within the United States, the numbering systememployed pursuant to the provisions of this chapter by the Department must bein conformity therewith.

(Added to NRS by 1960, 476; A 1965, 1062; 1971, 1379;1985, 1964; 1993, 1647; 2003, 1569)

NRS 488.115 Awardingof certificates of number; authorization of agents; retention of fee by agent;public records.

1. The Department may award any certificate of numberdirectly or may authorize any person to act as an agent for the awardingthereof. If a person accepts the authorization, he may be assigned a block ofnumbers and certificates therefor which upon award, in conformity with theprovisions of this chapter and with any regulations of the Commission, is validas if awarded directly by the Department. At the time an agent forwards themoney collected to the Department he may retain $1 per certificate of number.

2. All records of the Department made or kept pursuantto this section are public records.

(Added to NRS by 1960, 476; A 1965, 1062; 1971, 758,1379; 1975, 912; 1985, 1964; 1993, 1028, 1647; 1995, 554; 2003, 1569, 2554)

NRS 488.125 Certificatesof number effective for 1 year; renewal.

1. Every certificate of number awarded pursuant to theprovisions of this chapter shall continue in full force and effect for a periodof 1 year unless sooner terminated or discontinued in accordance with theprovisions of this chapter.

2. Certificates of number may be renewed by the ownerpursuant to subsection 3 of NRS 488.075.

(Added to NRS by 1960, 476; A 1965, 1062; 1993, 1027)

NRS 488.135 Departmentto fix date on which certificates of number lapse. TheDepartment shall fix a day and month of the year on which certificates ofnumber due to expire during the calendar year lapse unless renewed pursuant tothe provisions of this chapter.

(Added to NRS by 1960, 476; A 1965, 1062; 1971, 1380;1985, 1964; 1993, 1647; 2003, 1569)

NRS 488.145 Destructionor abandonment of motorboat: Owner to furnish notice to Department; terminationof certificate of number.

1. The owner shall furnish the Department notice ofthe destruction or abandonment of any motorboat numbered under this chapter,within 10 days thereof.

2. Such destruction or abandonment terminates thecertificate of number for the motorboat.

(Added to NRS by 1960, 476; A 1965, 1062; 1971, 758,1380; 1975, 644; 1985, 1965; 1993, 1647; 2003, 1569)

NRS 488.155 Changeof address of holder of certificate of number or ownership: Holder to notifyDepartment and furnish new address; surrender and replacement or alteration ofinaccurate certificates.

1. Any holder of a certificate of number and acertificate of ownership shall notify the Department, within 10 days, if hisaddress no longer conforms to the address appearing on the certificates andshall, as a part of the notification, furnish the Department with his newaddress.

2. The Commission may provide in its regulations forthe surrender of the certificates bearing the former address and itsreplacement with new certificates bearing the new address or for the alterationof outstanding certificates to show the new address of the holder.

(Added to NRS by 1960, 476; A 1965, 1063; 1971, 758,1380; 1975, 644; 1985, 1965; 1987, 856; 1993, 1647; 2003, 1570)

NRS 488.165 Displayof unauthorized number or decal prohibited. Nonumber or decal other than the number or decal awarded to a motorboat orgranted reciprocity pursuant to the provisions of this chapter may be painted,attached or otherwise displayed on either side of the bow of such motorboat.Only the current decal may be displayed or otherwise attached on either side ofthe bow of such motorboat.

(Added to NRS by 1960, 477; A 1971, 759)

NRS 488.171 Hullnumbers: Prohibited acts; assignment to handmade vessels; penalty.

1. A person shall not:

(a) Intentionally deface, destroy, remove or alter anyhull number required for a vessel without written authorization from theDepartment; or

(b) Place or stamp any serial number upon a vesselexcept a number assigned to the vessel by the Department.

2. This section does not prohibit:

(a) The restoration of the original hull number by anowner of a vessel when the restoration is authorized by the Department; or

(b) Any manufacturer from placing numbers or marks inthe ordinary course of business upon new vessels or parts of vessels.

3. The Department shall, upon request, assign a hullnumber to any handmade vessel.

4. Any person who violates subsection 1 is guilty of agross misdemeanor.

(Added to NRS by 1971, 1378; A 1987, 762; 1993, 1648;2003, 1570)

NRS 488.175 Exemptionfrom requirements for numbering and titling; issuance of exempt numbers.

1. Except as otherwise provided in subsection 2, amotorboat need not be numbered pursuant to the provisions of this chapter if itis:

(a) Already covered by a number in effect which hasbeen awarded or issued to it pursuant to a federally approved numbering systemof another state if the boat has not been on the waters of this State for aperiod in excess of 90 consecutive days.

(b) A motorboat from a country other than the UnitedStates temporarily using the waters of this State.

(c) A public vessel of the United States, a state or apolitical subdivision of a state.

(d) A ships lifeboat.

(e) A motorboat belonging to a class of boats which hasbeen exempted from numbering by the Department after the Department has found:

(1) That the numbering of motorboats of thatclass will not materially aid in their identification; and

(2) If an agency of the Federal Government has anumbering system applicable to the class of motorboats to which the motorboatin question belongs, that the motorboat would also be exempt from numbering ifit were subject to the federal law.

2. The Department may, by regulation, provide for theissuance of exempt numbers for motorboats not required to be registered underthe provisions of this chapter.

3. A motorboat need not be titled pursuant to theprovisions of this chapter, if it is:

(a) Covered by a certificate of ownership which hasbeen awarded or issued to it pursuant to the title system of another state; or

(b) Documented pursuant to 46 U.S.C. 12101 et seq.

(Added to NRS by 1960, 479; A 1963, 260; 1965, 1063;1971, 759, 1380; 1973, 631; 1977, 134; 1985, 1965; 1993, 1648; 2003, 1570, 2823)

NRS 488.1793 Requirementsfor transfer of ownership or interest. Exceptas otherwise provided for the creation or transfer of a security interest, notransfer of title to or any interest in any motorboat required to be numberedunder this chapter is effective until one of the following conditions isfulfilled:

1. The transferor has properly endorsed and deliveredthe certificate of ownership and has delivered the certificate of number to thetransferee as provided in this chapter, and the transferee has, within theprescribed time, delivered the documents to the Department or placed them inthe United States mail addressed to the Department with the transfer fee.

2. The transferor has delivered to the Department orplaced in the United States mail addressed to the Department the appropriatedocuments for the transfer of ownership pursuant to the sale or transfer.

(Added to NRS by 1971, 1376; A 1985, 1966; 1993,1648; 2003, 1571)

NRS 488.1795 Transfereeto file certificates, pay fee and apply for new certificates. Upon receipt of a properly endorsed certificate ofownership and the certificate of number of any motorboat, the transferee shallwithin 10 days file the certificates, accompanied by a fee of $20, with theDepartment and thereby make application for a new certificate of ownership anda new certificate of number.

(Added to NRS by 1971, 1376; A 1975, 644; 1985, 1966;1993, 1649; 2003,1571, 2554)

NRS 488.1797 Requirementsfor issuance of certificate of ownership.

1. Before the issuance of any certificate ofownership, the Department shall obtain a statement in writing signed by thetransferee or transferor, showing:

(a) The date of the sale or other transfer of ownershipof the motorboat.

(b) The name and address of the seller or transferor.

(c) The name and address of the buyer or transferee.

2. Upon receipt of:

(a) The properly endorsed certificate of ownership;

(b) The certificate of number and the required fee;

(c) The statement of information; and

(d) Proof that the applicable taxes have been paid,

theDepartment shall issue a new certificate of ownership and a new certificate ofnumber to the transferee. The previous number may be reassigned to thetransferee.

(Added to NRS by 1971, 1376; A 1975, 644; 1985, 1966;1987, 856; 1993, 1649; 2003,1571, 2824)

NRS 488.1801 Transferorto notify Department of transfer of title or interest.Any owner of any motorboat numbered under this chapter who sells ortransfers his title or any interest in the motorboat shall within 10 daysnotify the Department of the sale or transfer and furnish the followinginformation:

1. The name and address of the legal owner andtransferee; and

2. Such description of the motorboat as may berequired by the Department.

(Added to NRS by 1971, 1376; A 1975, 644; 1985, 1966;1993, 1649; 2003,1571)

NRS 488.1803 Dealersreport of sale, lease or other transfer; exception. Anydealer upon transferring by sale, lease or otherwise any motorboat, whether newor used, required to be numbered under this chapter, shall give written noticeof the transfer to the Department upon an appropriate form provided by it. Thenotice must be given within 3 days after the sale, but a dealer need not givethe notice when selling or transferring a new unnumbered motorboat to anotherdealer.

(Added to NRS by 1971, 1376; A 1975, 1785; 1985,1966; 1987, 857; 1993, 1649; 2003, 1572)

NRS 488.1805 Interestof registered owner not affected by assignment by legal owner. A legal owner may assign his title or interest in or toany motorboat numbered under this chapter to a person other than the registeredowner without the consent of and without affecting the interest of theregistered owner.

(Added to NRS by 1971, 1377)

NRS 488.1807 Endorsementof certificate on transfer by legal owner. Upontransfer of the title or any interest of any legal owner in any motorboat numberedunder this chapter, the transferor shall write his signature, and thetransferee shall write his signature and address, in the appropriate spacesprovided upon the reverse side of the certificate of ownership issued for suchmotorboat.

(Added to NRS by 1971, 1377)

NRS 488.181 Endorsementof certificate on transfer by registered owner. Upontransfer of the title or any interest of the registered owner of any motorboatnumbered under this chapter, the registered owner shall write his signature andaddress and the transferee shall write his signature and address in theappropriate spaces provided on the reverse side of the certificate of ownershipfor such motorboat, and the legal owner shall write his signature in the spaceprovided for the new legal owner indicating that he is to retain his legaltitle and interest.

(Added to NRS by 1971, 1377)

NRS 488.1813 Issuanceof duplicate certificate on loss, destruction or mutilation of original.

1. If a certificate of ownership is lost, stolen,damaged or mutilated, an application for transfer may be made upon a formprovided by the Department for a duplicate certificate of ownership. Thetransferor shall write his signature and address in the appropriate spacesprovided upon the application and file it together with the proper fees for aduplicate certificate of ownership and transfer.

2. The Department may receive the application andexamine into the circumstances of the case and may require the filing ofaffidavits or other information, and when the Department is satisfied that theapplicant is entitled to a transfer of ownership, it may transfer the ownershipof the motorboat, and issue a new certificate of ownership and certificate ofnumber to the person found to be entitled thereto.

(Added to NRS by 1971, 1377; A 1985, 1967; 1993,1650; 2003, 1572)

NRS 488.1815 Failureto endorse or deliver certificate to transferee unlawful. It is unlawful for any person to fail or neglect todeliver the certificate of number and, when having possession, to properlyendorse, date and deliver the certificate of ownership to a transferee who islawfully entitled to a transfer of ownership.

(Added to NRS by 1971, 1377)

NRS 488.1817 Newcertificate not required on substitution of security interest between sameparties; time limit. If a security interest inany motorboat numbered under this chapter is satisfied, cancelled or releasedby the registered owner and legal owner of such motorboat, and within a periodof 10 days a new security interest covering the vessel is executed between thesame parties, no application for transfer of ownership shall be made, no newcertificate of ownership or certificate of number shall be issued, and allprovisions of this chapter relating to transfers of any title or interest in amotorboat shall be deemed to have been fully complied with.

(Added to NRS by 1971, 1377)

NRS 488.182 Transferof ownership not required on pledge of security interest. The transferee of a security interest of any legal ownerof any motorboat numbered under this chapter need not make application fortransfer of ownership if such security interest arises from a pledge of asecurity agreement by the legal owner to the pledgee.

(Added to NRS by 1971, 1377)

NRS 488.1823 Procedurefor perfection of security interest.

1. No security interest in any motorboat required tobe numbered under this chapter, whether the number was awarded before or afterthe creation of the security interest, is perfected until the secured party orhis successor or assignee has deposited with the Department a properly endorsedcertificate of ownership to the motorboat subject to the security interest.

2. The certificate must show the secured party aslegal owner if the motorboat is then numbered under this chapter, or if not sonumbered, the registered owner shall file an initial application for acertificate of number and for a certificate of ownership and the certificate ofownership issued thereunder must contain the name and address of the legalowner.

3. Upon compliance with subsections 1 and 2, thesecurity interest is perfected and the records of the Department must show thesecured party or his successor or assignee as the legal owner of the motorboat.

(Added to NRS by 1971, 1377; A 1985, 1967; 1993,1650; 2003, 1572)

NRS 488.1825 Methodprescribed for perfecting security interest is exclusive. The method provided in this chapter for perfecting asecurity interest in any motorboat required to be numbered is exclusive.

(Added to NRS by 1971, 1378)

NRS 488.1826 Suspensionof certificate of number or validation decal for failure to pay child supportor comply with certain subpoenas or warrants; reinstatement of certificate ofnumber or validation decal. [Expires by limitation on the date of the repeal ofthe federal law requiring each state to establish procedures for withholding,suspending and restricting the professional, occupational and recreationallicenses for child support arrearages and for noncompliance with certainprocesses relating to paternity or child support proceedings.]

1. If the Department receives a copy of a court orderissued pursuant to NRS 425.540 thatprovides for the suspension of all professional, occupational and recreationallicenses, certificates and permits issued to a person who has been issued a certificateof number or a validation decal, the Department shall deem the certificate ofnumber or validation decal issued to that person to be suspended at the end ofthe 30th day after the date on which the court order was issued unless theDepartment receives a letter issued by the district attorney or other publicagency pursuant to NRS 425.550 to theperson who has been issued the certificate of number or validation decalstating that the person has complied with the subpoena or warrant or hassatisfied the arrearage pursuant to NRS425.560.

2. The Department shall reinstate a certificate ofnumber or validation decal that has been suspended by a district court pursuantto NRS 425.540 if the Departmentreceives a letter issued by the district attorney or other public agencypursuant to NRS 425.550 to the personwhose certificate of number or validation decal was suspended stating that theperson whose certificate of number or validation decal was suspended hascomplied with the subpoena or warrant or has satisfied the arrearage pursuantto NRS 425.560.

(Added to NRS by 1997, 2081; A 2003, 1572)

NRS 488.1827 Suspensionor revocation of certificate or number if fraudulently obtained or fee wasunpaid. The Department may suspend or revokeany certificate of ownership, certificate of number or number of any motorboatif it is satisfied that any such certificate or number was fraudulentlyobtained, or that the appropriate fee was not paid.

(Added to NRS by 1971, 1378; A 1985, 1967; 1993,1650; 2003, 1573)

EQUIPMENT

NRS 488.185 Classificationof motorboats. Motorboats subject to the provisionsof this chapter shall be divided into four classes as follows:

 

Class A. Less than 16 feet inlength.

Class 1. Sixteen feet or over andless than 26 feet in length.

Class 2. Twenty-six feet or overand less than 40 feet in length.

Class 3. Forty feet or over.

 

(Added to NRS by 1960, 477; A 1965, 1063; 1975, 645;1977, 134)

NRS 488.187 Lights.

1. Every motorboat in all weathers from sunset tosunrise, as established by the Nautical Almanac Office, United States NavalObservatory, Washington, D.C., must carry and exhibit the following lights whenunderway, and during that time other lights which may be mistaken for thoseprescribed must not be exhibited:

(a) Every motorboat of classes A and 1 must carry thefollowing lights:

(1) A bright white light aft to show all aroundthe horizon.

(2) A combined lantern in the forepart of thevessel and lower than the white light aft, showing green to starboard and redto port, so fixed as to throw the light from right ahead to 2 points abaft thebeam on their respective sides.

(b) Every motorboat of classes 2 and 3 must carry thefollowing lights:

(1) A bright white light in the forepart of thevessel as near the stem as practicable, so constructed as to show an unbrokenlight over an arc of the horizon of 20 points of the compass, so fixed as tothrow the light 10 points on each side of the vessel, from right ahead to 2points abaft the beam on either side.

(2) A bright white light aft to show 12 points.

(3) On the starboard side a green light soconstructed as to show an unbroken light over an arc of the horizon of 10points of the compass, so fixed as to throw the light from right ahead to 2points abaft the beam on the starboard side. On the port side a red light soconstructed as to show an unbroken light over an arc of the horizon of 10points of the compass, so fixed as to throw the light from right ahead to 2points abaft the beam on the port side. The side lights must be fitted withinboard screens of sufficient height so set as to prevent these lights frombeing seen across the bow.

(c) Vessels of classes A and 1 when propelled by sailalone must carry the combined lantern in the forepart of the vessel and a white12-point stern light. Vessels of classes 2 and 3, when so propelled, must carrythe colored side lights, fitted so as to prevent these lights from being seenacross the bow and a white 12-point stern light.

2. Every white light prescribed by this section mustbe visible at a distance of at least 2 miles. Every colored light prescribed bythis section must be visible at a distance of at least 1 mile. As used in thissubsection, visible means visible on a dark night with clear atmosphere.

3. When propelled by sail and machinery a vessel mustcarry the lights required by this section for a motorboat propelled bymachinery only.

4. Manually propelled vessels of classes A and 1 musthave ready at hand an electric torch or lighted lantern showing a white lightwhich must be exhibited in sufficient time to prevent a collision.

5. Any vessel may carry and exhibit the lights requiredby the Inland Navigational Rules, 34 U.S.C. 2001 et seq., in lieu of thelights required by this section.

6. Except for vessels anchored or moored in an areadesignated by the Commission as an anchoring or mooring area pursuant to theprovisions of NRS 488.265, every vessel,whether propelled by sail or machinery, when anchored or moored between sunsetand sunrise where other vessels may navigate must display a white light clearlyvisible in all directions.

7. Except as otherwise provided in this subsection, itis unlawful for a person to display a flashing blue light or a flashing redlight on a vessel operating on the waters of this state. A vessel of the UnitedStates, this state or its political subdivisions or a bordering state underinterstate compact may display a flashing blue light when operated by a peaceofficer engaged in law enforcement activities. A peace officer shall seize, orcause to be seized, a flashing red or blue light installed or operated inviolation of this subsection.

(Added to NRS by 1977, 136; A 1987, 763; 1991, 854;1993, 863)

NRS 488.193 Personalflotation devices; fire extinguishers; flame arrestors; ventilation of bilges;modification of requirements.

1. Except for a contrivance, propelled by a sail,whose occupant must stand erect, every vessel must carry at least one personalflotation device of a type approved by the United States Coast Guard andprescribed by the regulations of the Commission for each person on board andany person in a vessel being towed, so placed as to be readily accessible foruse in an emergency. Every vessel carrying passengers for hire must carry soplaced as to be readily accessible for use in an emergency at least onepersonal flotation device of the sort prescribed by the regulations of theCommission for each person on board. A personal flotation device required bythis subsection is readily accessible for use in an emergency if:

(a) It is being worn; or

(b) It is stowed where it is quickly reachable and is:

(1) Ready to wear;

(2) Out of its original packaging; and

(3) Not under lock and key.

2. In addition to the requirements set forth insubsection 1, unless exempted by the United States Coast Guard or theregulations of the Commission:

(a) Every vessel which is 16 feet or more in length butless than 26 feet in length, regardless of its method of propulsion, mustcarry, so placed as to be readily accessible for use in an emergency, a type IVpersonal flotation device approved by the United States Coast Guard which iscapable of being thrown, such as a ring life buoy or buoyant cushion. A type IVpersonal flotation device required by this paragraph is readily accessible foruse in an emergency if it is stowed in close proximity to the operator of thevessel and in a position to be thrown to a person overboard by either theoperator or a passenger.

(b) Except as otherwise provided in this paragraph,every vessel which is 26 feet or more in length, regardless of its method ofpropulsion, must carry, so placed as to be readily accessible for use in anemergency, a type IV personal flotation device approved by the United StatesCoast Guard which is capable of being thrown, such as a ring life buoy orbuoyant cushion, with not less than 30 feet of throwing line attached. If thevessel is 40 feet or more in length, such a type IV personal flotation devicemust be carried on both the fore and the aft of the vessel. A type IV personalflotation device required by this paragraph is readily accessible for use in anemergency if it is prominently displayed on a bulkhead, railing or gunwale, andin a position to be thrown to a person overboard by either the operator or apassenger.

3. Every motorboat must be provided with such number,size and type of fire extinguishers, capable of promptly and effectuallyextinguishing burning gasoline, as may be prescribed by the regulations of theCommission. The fire extinguishers must be of a marine type which has beenapproved by the United States Coast Guard and kept in condition for immediateand effective use and so placed as to be readily accessible.

4. Every motorboat must have the carburetor of everyengine therein, except outboard motors, using gasoline as fuel, equipped withsuch efficient flame arrestor, backfire trap or other similar device as may beprescribed by the regulations of the Commission.

5. Every motorboat and every vessel, except openboats, using as fuel any liquid of a volatile nature, must be provided withsuch means as may be prescribed by the regulations of the Commission forproperly and efficiently ventilating the bilges of the engine and compartmentsfor tanks of fuel to remove any explosive or flammable gases.

6. The Commission may adopt regulations modifying therequirements for equipment contained in this section to the extent necessary tokeep these requirements in conformity with the provisions of the FederalNavigation Laws or with the rules for navigation adopted by the United StatesCoast Guard.

(Added to NRS by 1977, 138; A 1981, 167; 1985, 795;1991, 855; 2005, 492)

NRS 488.195 Mufflingdevices.

1. The exhaust of every internal combustion engineused on any motorboat must be effectively muffled by equipment so constructedand used as to muffle the noise of the exhaust in a reasonable manner.

2. The use of cutouts is prohibited.

3. Subsections 1 and 2 do not apply to:

(a) Motorboats competing in a regatta or boat raceapproved as provided in NRS 488.305;

(b) Such motorboats while on trial runs between thehours of 9 a.m. and 5 p.m. and during a period not to exceed 48 hoursimmediately preceding the regatta or boat race;

(c) Such motorboats while competing in official trialsfor speed records during a period not to exceed 48 hours immediately followingthe regatta or boat race; or

(d) Any motorboat operating under a separate permitissued by the Department for tuning engines, making test or trial runs orcompeting in official trials for speed records other than in connection withregattas or boat races.

4. The Department shall issue permits for the purposesenumerated in paragraph (a) of subsection 3, under such conditions andrestrictions as the Commission determines necessary to prevent a publicnuisance and to assure the public safety. The Commission may adopt regulationsto carry out the provisions of this subsection.

(Added to NRS by 1960, 479; A 1969, 102; 1971, 759;1985, 1967; 1993, 1650; 2003, 1573)

NRS 488.197 Sirens.

1. No vessel may be equipped with nor shall any personuse or install upon a vessel a siren, except as otherwise provided in thischapter.

2. Any authorized emergency vessel, when approved bythe Department, may be equipped with a siren capable of sound audible undernormal conditions from a distance of not less than 500 feet, but the siren mustnot be used except if the vessel is operated in response to an emergency callor in the immediate pursuit of an actual or suspected violator of the law, inwhich event the operator of the vessel shall sound the siren when necessary towarn persons of the approach thereof.

(Added to NRS by 1963, 263; A 1965, 1065; 1971, 760;1985, 1968; 1993, 1651; 2003, 1573)

NRS 488.198 Whistles;bells.

1. Every motorboat of class 1, 2 or 3 must be equippedwith an efficient whistle or other mechanical appliance that produces sound.

2. Every motorboat of class 2 or 3 must be equippedwith an efficient bell.

3. The provisions of this section do not apply tomotorboats while competing in any race conducted pursuant to NRS 488.305 or, if the boats are designedand intended solely for racing, while engaged in navigation incidental to thetuning up of the boats and engines for a race.

(Added to NRS by 1977, 137; A 1991, 855)

NRS 488.257 Mooringbuoy defined; requirements for colors and lights.

1. As used in NRS488.257 to 488.285, inclusive,unless the context otherwise requires, mooring buoy means a float:

(a) Which is anchored to the bed of a body of water;and

(b) To which a vessel is fastened through the use ofcables, lines, ropes or anchors for the purpose of maintaining the vessel in astationary position in the water.

2. A mooring buoy must be white in color and have a horizontalblue band around the circumference of the buoy which is at least 3 inches inwidth and centered midway between the top of the buoy and the waterline.

3. A mooring buoy which is placed within an area otherthan an area designated by the Commission as an anchoring or mooring areapursuant to the provisions of NRS 488.265must display a quick flashing white light between sunset and sunrise. If avessel is moored to such a buoy, only the vessel must display between sunsetand sunrise a white light clearly visible in all directions.

(Added to NRS by 1993, 861)

NRS 488.259 Mooringbuoy: Permit required; exception; permit for placement in navigable waters.

1. Except as otherwise provided in NRS 488.263, a person shall not place anymooring buoy in any waters of this state, other than the Lake Mead NationalRecreation Area, without a permit issued by:

(a) The Division of State Lands of the State Departmentof Conservation and Natural Resources, if the mooring buoy is to be placed innavigable waters.

(b) The Department, if the mooring buoy is to be placedin any other waters.

2. The Division of State Lands shall transmit a copyof each application for a permit for the placement of a mooring buoy in thenavigable waters of this state to the Department as soon as practicable afterreceipt.

3. Upon receipt of such a copy, the Department shallreview the application to determine whether the placement of the buoy is in thebest interests of the State. To determine whether the placement of a mooringbuoy is in the best interests of the State, the Department may consider thelikelihood that the buoy will:

(a) Interfere with navigation.

(b) Become a hazard to persons or wildlife.

(c) Have any other detrimental effect on the body ofwater in which it is placed.

4. If the Department determines that the permit shouldbe denied, the Department shall submit such a recommendation to the Division ofState Lands and provide a brief summary of the reason for the recommendationwithin 30 days after the date on which the application was transmitted.

5. If the Division of State Lands does not receive arecommendation for the denial of the permit from the Department within the30-day period provided in subsection 4, the application shall be deemed to beapproved by the Department.

(Added to NRS by 1993, 861; A 2003, 1574)

NRS 488.261 Mooringbuoy: Permit for placement in nonnavigable waters; permit for temporaryplacement; regulations and enforcement.

1. The Department may issue to any person a permit toplace a mooring buoy in the nonnavigable waters of this state. The Departmentshall charge and collect a fee in the amount set by the Commission for eachpermit issued pursuant to this subsection. Unless suspended or revoked by theDepartment, a permit issued pursuant to this subsection is valid throughDecember 31 of the year in which it is issued. Such a permit may be renewedannually by paying the fee set by the Commission on or before January 1 of eachyear.

2. The Department may issue a permit for the temporaryplacement of a buoy, other than a navigational aid, for practice courses ormarine events. The Department shall charge and collect a fee in the amount setby the Commission for each permit issued pursuant to this subsection. Unlesssuspended or revoked by the Department, a permit issued pursuant to thissubsection is valid for the period indicated on the face of the permit whichmust not exceed 6 months.

3. The Commission shall adopt by regulation fees for:

(a) The issuance and renewal of permits for mooringbuoys pursuant to subsection 1 which must not be more than $100 for each buoyper year.

(b) The issuance of permits for the temporary placementof buoys for practice courses or marine events pursuant to subsection 2 whichmust not be more than $50 per buoy.

4. The Commission may:

(a) Adopt such regulations as are necessary to carryout the provisions of NRS 488.257 to 488.285, inclusive; and

(b) Establish a schedule of administrative fines forthe violation of those regulations which may be assessed in addition to anycriminal penalties for the same act.

5. The Department is responsible for the enforcementof the laws of this state governing mooring buoys and may:

(a) Revoke or suspend a permit for a mooring buoyissued pursuant to subsection 1 or 2 or by the Division of State Lands of theState Department of Conservation and Natural Resources if:

(1) The person responsible for the buoy fails tocomply with all applicable statutes and regulations concerning the buoy; or

(2) The buoy becomes a hazard to navigation.

(b) Remove any mooring buoy determined to be unlawfullyplaced.

6. This section does not require an agency of thisstate or the United States Government to obtain written authorization to place,move, remove, destroy or tamper with buoys or navigational aids on thenavigable waters of this state.

(Added to NRS by 1993, 862; A 2003, 1574)

NRS 488.263 Permitnot required for temporary mooring buoy.

1. A permit is not required for a temporary mooringbuoy.

2. As used in this section, a temporary mooring buoyis a buoy for the temporary anchorage of a vessel that is removed within 72hours after the time it is placed.

(Added to NRS by 1993, 862)

NRS 488.265 Anchoringor mooring vessel which obstructs passageway prohibited; exceptions.

1. Except as otherwise provided in subsection 2, aperson shall not anchor or moor a vessel in such a position as to obstruct apassageway ordinarily used by other vessels. As used in this subsection, apassageway ordinarily used by other vessels includes:

(a) A river channel or the entrance to a harbor ormarina; and

(b) That area within a 100-yard radius of a boat rampbuilt and maintained with public money.

2. A person may anchor or moor a vessel in an areadesignated for that purpose by the Commission and marked at the corners withyellow can buoys. The buoys must emit a flashing yellow light from sunset tosunrise.

(Added to NRS by 1957, 570; A 1960, 483; 1985, 343;1991, 856)

NRS 488.285 Mooringto buoy or navigational aid prohibited; interference with buoy or navigationalaid without written authorization prohibited; exception; penalties.

1. Except as otherwise provided in subsection 2:

(a) A person shall not moor any vessel to any buoy ornavigational aid placed in any waterway by authority of the United States orany other governmental authority, or in any manner attach a vessel to any suchbuoy or navigational aid.

(b) A person shall not place, move, remove, destroy ortamper with any buoy or other navigational aid without written authorizationfrom the Department.

2. The provisions of subsection 1 do not apply tomooring buoys.

3. A person who violates a provision of subsection 1shall be punished:

(a) If no injury results from the violation, for amisdemeanor.

(b) If bodily injury or property damage in excess of$200 results from the violation, for a gross misdemeanor.

(c) If a human death results from the violation, for acategory D felony as provided in NRS 193.130.

4. Nothing in this section requires an agency of thisstate or the United States Government to obtain written authorization to place,move, remove, destroy or tamper with buoys or navigational aids on navigablewaters of this state.

(Added to NRS by 1957, 570; A 1960, 483; 1985, 343;1989, 1773; 1993, 864, 1652; 1995, 547, 1302; 2003, 1575)

ABANDONED VESSELS

NRS 488.291 Abandonmentprohibited; evidence of responsibility for abandonment; removal of vessel frompublic waterway.

1. A person shall not abandon a vessel upon a publicwaterway or public or private property without the consent of the owner orperson in lawful possession or control of the property.

2. The abandonment of any vessel in a mannerprohibited by subsection 1 is prima facie evidence that the last registeredowner of record, unless he has notified the Department or other appropriateagency of his relinquishment of title or interest therein, is responsible forthe abandonment. The person so responsible is liable for the cost of removaland disposition of the vessel.

3. A game warden, sheriff or other peace officer ofthis state may remove a vessel from a public waterway when:

(a) The vessel is left unattended and is adrift,moored, docked, beached or made fast to land in such a position as to interferewith navigation or in such a condition as to create a hazard to other vesselsusing the waterway, to public safety or to the property of another.

(b) The vessel is found upon a waterway and a reporthas previously been made that the vessel has been stolen or embezzled.

(c) The person in charge of the vessel is by reason ofphysical injuries or illness incapacitated to such an extent as to be unable toprovide for its custody or removal.

(d) An officer arrests a person operating or in controlof the vessel for an alleged offense, and the officer is required or permittedto take, and does take, the person arrested before a magistrate withoutunnecessary delay.

(e) The vessel seriously interferes with navigation orotherwise poses a critical and immediate danger to navigation or to the publichealth, safety or welfare.

(Added to NRS by 1993, 221; A 2003, 1575)

NRS 488.293 Authorityof peace officer to identify registered owner of vessel abandoned on privateproperty; peace officer to notify Department of removal of abandoned vessel;law enforcement agency to notify owner or holder of security interest regardinglocation of and procedure for claiming vessel; waiver of interest in vessel;transfer of ownership to law enforcement agency.

1. A peace officer may attempt to identify theregistered owner of a vessel abandoned on private property by inspection of thevessel and any trailer to which it is attached and may supply the informationto the property owner. The property owner must declare by affidavit the reasonswhy he believes the property to be abandoned. The property owner must give 5days notice to the last registered owner before causing the removal of thevessel. If the last registered owner is unknown or cannot be notified, thevessel may immediately be removed to a secure location designated by a peaceofficer.

2. A peace officer shall, within 48 hours afterdirecting the removal of an abandoned vessel on a public waterway or public orprivate property, notify the Department of the status of the vessel.

3. A law enforcement agency that has custody of anabandoned vessel shall, if the agency knows or can reasonably discover the nameand address of the owner of the vessel or any person who holds a securityinterest in the vessel, notify the owner or the holder of the security interestof the location of the vessel and the method by which the vessel may beclaimed. The notice must be sent by certified or registered mail.

4. If the abandoned vessel is held by a lawenforcement agency as evidence in the investigation or prosecution of acriminal offense, the notice required by subsection 3 must be sent:

(a) Upon the decision of the law enforcement agency ordistrict attorney not to pursue or prosecute the case;

(b) Upon the conviction of the person who committed theoffense; or

(c) If the case is otherwise terminated.

5. Failure to reclaim the vessel within 180 days afterthe date the notice is mailed constitutes a waiver of interest in the vessel byany person having an interest in the vessel and the vessel shall be deemedabandoned for all purposes.

6. If all recorded interests in a vessel are waived,as provided in subsection 5 or by written disclaimer, the Department may issuea certificate of ownership to the law enforcement agency that has custody ofthe vessel. If necessary, the Department may assign a hull number to thevessel. This subsection does not preclude the subsequent return of a vessel, orany component part thereof, by a law enforcement agency to the registered ownerof the vessel upon presentation by the registered owner of satisfactory proofof ownership.

7. A law enforcement agency to which a certificate ofownership is issued pursuant to subsection 6 may use, sell or destroy thevessel, and shall keep a record of the disposition of the vessel. If the lawenforcement agency:

(a) Sells the vessel, all proceeds from the sale of thevessel become the property of the law enforcement agency.

(b) Destroys the vessel, the law enforcement agencyshall, within 10 days, give notice of the destruction of the vessel to theDepartment.

(Added to NRS by 1993, 222; A 1999, 730; 2003, 1576)

BOAT LIVERIES

NRS 488.295 Dutiesof owner; records and equipment.

1. The owner of a boat livery shall keep a record ofthe name and address of the person or persons hiring any vessel which isdesigned or permitted by him to be operated as a motorboat, the identificationnumber thereof, and the departure date and time, and the expected time ofreturn. The record shall be preserved for at least 6 months.

2. The owner of a boat livery or his agent or employeeshall not permit any motorboat, or any vessel designed or permitted by him tobe operated as a motorboat, to depart from his premises unless it has beenprovided, either by owner or renter, with the equipment required by NRS 488.187, 488.193, 488.198and 488.540 and any regulations madepursuant thereto.

(Added to NRS by 1960, 479; A 1977, 138)

REGATTAS AND RACES

NRS 488.305 Authorityof Department to authorize events; regulations concerning safety; applicationfor permission; reimbursement of Department; contents of application;compliance with federal law.

1. The Department may authorize the holding of regattas,motorboat or other boat races, marine parades, tournaments or exhibitions onany waters of this state. The Commission shall adopt regulations concerning thesafety of motorboats and other vessels and persons thereon, either observers orparticipants.

2. At least 30 days before a regatta, motorboat orother boat race, marine parade, tournament or exhibition is proposed to beheld, the person in charge thereof must file an application with the Departmentfor permission to hold the regatta, motorboat or other boat race, marineparade, tournament or exhibition. No such event may be conducted without thewritten authorization of the Department.

3. The Director of the Department may require anapplicant, or the sponsor of the event, as a condition of the approval of aregatta, motorboat or other boat race, marine parade, tournament or exhibition,to enter into an agreement to reimburse the Department for expenses incurred bythe Department to ensure that the event is conducted safely, including, withoutlimitation, expenses for equipment used, expenses for personnel and generaloperating expenses.

4. The application must set forth the date, time andlocation where it is proposed to hold the regatta, motorboat or other boatrace, marine parade, tournament or exhibition, the type of vesselsparticipating, the number and kind of navigational aids required and the nameof a person who will be present at the event to ensure that the conditions ofthe permit are satisfied.

5. The provisions of this section do not exempt anyperson from compliance with applicable federal law or regulation.

(Added to NRS by 1960, 481; A 1965, 1067; 1971, 760;1981, 167; 1985, 1969; 1989, 1774; 1993, 1652; 1999, 729; 2003, 1577)

DIVERS

NRS 488.310 Displayof divers flag required; operation of vessel within 100 feet of flagprohibited; operation of vessel within 200 feet of flag limited; exception foremergencies.

1. A person shall display a divers flag when divingor swimming below the waters surface with the aid of a breathing device. Thedivers flag must be:

(a) At least 12 inches in height by 12 inches in widthwith a red background and a white diagonal stripe that is one-fifth the widthof the flag;

(b) Attached to a float, buoy or boat which is visibleto approaching vessels and which, between sunset and sunrise, has a lightattached; and

(c) Prominently displayed within 100 feet of thelocation of the diver or swimmer.

2. A person shall not display a divers flag on thewaters of this state unless he is diving or swimming below the waters surfacewith the aid of a breathing device, in the vicinity of the divers flag.

3. Except in the case of an emergency, a person shallnot operate a vessel other than the divers support vessel within 100 feet of adivers flag.

4. Except in the case of an emergency, a person whooperates a vessel at a distance of more than 100 feet but less than 200 feet ofa divers flag shall operate that vessel at a speed that leaves a flat wake,but in no case may the vessel be operated at a speed greater than 5 nauticalmiles per hour.

(Added to NRS by 1991, 853; A 1993, 1025)

DISPOSAL OF WASTE

NRS 488.320 Useof approved marine sanitation device required; unlawful to discharge sewage;regulations; penalties.

1. A person shall not maintain or operate upon thewaters of this State any vessel which is equipped with a marine sanitationdevice unless the device is approved by the United States Coast Guard and:

(a) Is designed to prevent the overboard discharge oftreated and untreated sewage; or

(b) Is adequately secured to prevent the overboarddischarge of treated and untreated sewage.

2. It is unlawful for any person to discharge orattempt to discharge sewage from a vessel into the waters of this State.

3. The Commission shall adopt regulations:

(a) That it determines are necessary to carry out theprovisions of this section; and

(b) Establishing a schedule of civil penalties forvarious violations of this section and those regulations.

4. A person who violates any provision of this sectionor the regulations adopted pursuant to subsection 3:

(a) Is guilty of a misdemeanor; and

(b) In addition to any criminal penalty, is subject to:

(1) The suspension of the certificate of numberof his vessel for 180 consecutive days; and

(2) A civil penalty of not less than $250, asestablished in regulations adopted by the Commission, payable to theDepartment.

5. As used in this section, unless the contextotherwise requires:

(a) Discharge means to spill, leak, pump, pour, emit,empty or dump sewage into the water.

(b) Marine sanitation device means a toilet facilitywhich is installed on board a vessel and which is designed to receive, retain,treat or discharge sewage, and any process to treat that sewage. The term doesnot include portable devices which are designed to be carried onto and off of avessel.

(c) Sewage means wastes from the human body andwastes from toilets or other receptacles, including marine sanitation devices,designed to receive or retain wastes from the human body.

(d) Vessel includes any watercraft or structurefloating on the water, whether or not capable of self-locomotion, includinghouseboats, barges and similar structures.

(Added to NRS by 1993, 56; A 2003, 1577)

OPERATION

Operating Under Influence of Intoxicating Liquor orControlled or Prohibited Substance

NRS 488.400 Operationof vessel or manipulation of water skis or surfboard recklessly or whileintoxicated or under influence of controlled substance prohibited.

1. A person shall not operate any motorboat or vessel,or manipulate any water skis, surfboard or similar device in a reckless ornegligent manner so as to endanger the life or property of any person.

2. A person shall not operate any motorboat or vessel,or manipulate any water skis, surfboard or similar device while intoxicated orunder the influence of any controlled substance, unless in accordance with alawfully issued prescription.

(Added to NRS by 1960, 480; A 1971, 2031; 1973, 8;1985, 343; 1987, 1554; 1993, 2237; 1995, 1723)(Substituted in revision for NRS488.205)

NRS 488.405 Concentrationof alcohol of 0.08 or more in his blood or breath defined. [Effective untilthe date of the repeal of the federal law requiring each state to make itunlawful for a person to operate a motor vehicle with a blood alcoholconcentration of 0.08 percent or greater as a condition to receiving federalfunding for the construction of highways in this State.] As used in NRS 488.410,488.420 and 488.425, the phrase concentration ofalcohol of 0.08 or more in his blood or breath means 0.08 gram or more per 100milliliters of the blood of a person or per 210 liters of his breath.

(Added to NRS by 1989, 292; A 1997, 330; 1999, 2462; 2003, 2563; 2005, 154)

NRS 488.405 Concentration of alcohol of 0.10 ormore in his blood or breath defined. [Effective on the date of the repeal ofthe federal law requiring each state to make it unlawful for a person tooperate a motor vehicle with a blood alcohol concentration of 0.08 percent orgreater as a condition to receiving federal funding for the construction ofhighways in this State.] As used in NRS 488.410, 488.420 and 488.425, the phrase concentration ofalcohol of 0.10 or more in his blood or breath means 0.10 gram or more per 100milliliters of the blood of a person or per 210 liters of his breath.

(Added to NRS by 1989, 292; A 1997, 330; 1999, 2462; 2003, 2563; 2005, 154, 155, effective on thedate of the repeal of the federal law requiring each state to make it unlawfulfor a person to operate a motor vehicle with a blood alcohol concentration of0.08 percent or greater as a condition to receiving federal funding for the constructionof highways in this State)

NRS 488.410 Unlawfulacts; penalty. [Effective until the date of the repeal of the federal lawrequiring each state to make it unlawful for a person to operate a motorvehicle with a blood alcohol concentration of 0.08 percent or greater as acondition to receiving federal funding for the construction of highways in thisState.]

1. It is unlawful for any person who:

(a) Is under the influence of intoxicating liquor;

(b) Has a concentration of alcohol of 0.08 or more inhis blood or breath; or

(c) Is found by measurement within 2 hours afteroperating or being in actual physical control of a vessel to have aconcentration of alcohol of 0.08 or more in his blood or breath,

to operateor be in actual physical control of a vessel under power or sail on the watersof this State.

2. It is unlawful for any person who:

(a) Is under the influence of a controlled substance;

(b) Is under the combined influence of intoxicatingliquor and a controlled substance; or

(c) Inhales, ingests, applies or otherwise uses anychemical, poison or organic solvent, or any compound or combination of any ofthese, to a degree which renders him incapable of safely operating orexercising actual physical control of a vessel under power or sail,

to operateor be in actual physical control of a vessel under power or sail on the watersof this State.

3. It is unlawful for any person to operate or be inactual physical control of a vessel under power or sail on the waters of thisState with an amount of a prohibited substance in his blood or urine that isequal to or greater than:

 

Urine Blood

Nanogramsper Nanograms per

Prohibited substance milliliter milliliter

 

(a) Amphetamine 500 100

(b) Cocaine 150 50

(c) Cocaine metabolite 150 50

(d) Heroin 2,000 50

(e) Heroin metabolite:

(1) Morphine 2,000 50

(2) 6-monoacetyl morphine 10 10

(f) Lysergic acid diethylamide 25 10

(g) Marijuana 10 2

(h) Marijuana metabolite 15 5

(i) Methamphetamine 500 100

(j) Phencyclidine 25 10

 

4. If consumption is proven by a preponderance of theevidence, it is an affirmative defense under paragraph (c) of subsection 1 thatthe defendant consumed a sufficient quantity of alcohol after operating orbeing in actual physical control of the vessel, and before his blood wastested, to cause him to have a concentration of 0.08 or more of alcohol in hisblood or breath. A defendant who intends to offer this defense at a trial orpreliminary hearing must, not less than 14 days before the trial or hearing orat such other time as the court may direct, file and serve on the prosecutingattorney a written notice of that intent.

5. Except as otherwise provided in NRS 488.427, a person who violates theprovisions of this section is guilty of a misdemeanor.

(Added to NRS by 1987, 626; A 1993, 539; 1999, 2463, 3430; 2001, 172; 2003, 2563; 2005, 615)

NRS 488.410 Unlawful acts; penalty. [Effective onthe date of the repeal of the federal law requiring each state to make itunlawful for a person to operate a motor vehicle with a blood alcoholconcentration of 0.08 percent or greater as a condition to receiving federalfunding for the construction of highways in this State.]

1. It is unlawful for any person who:

(a) Is under the influence of intoxicating liquor;

(b) Has a concentration of alcohol of 0.10 or more inhis blood or breath; or

(c) Is found by measurement within 2 hours afteroperating or being in actual physical control of a vessel to have aconcentration of alcohol of 0.10 or more in his blood or breath,

to operateor be in actual physical control of a vessel under power or sail on the watersof this State.

2. It is unlawful for any person who:

(a) Is under the influence of a controlled substance;

(b) Is under the combined influence of intoxicatingliquor and a controlled substance; or

(c) Inhales, ingests, applies or otherwise uses anychemical, poison or organic solvent, or any compound or combination of any ofthese, to a degree which renders him incapable of safely operating orexercising actual physical control of a vessel under power or sail,

to operateor be in actual physical control of a vessel under power or sail on the watersof this State.

3. It is unlawful for any person to operate or be inactual physical control of a vessel under power or sail on the waters of thisState with an amount of a prohibited substance in his blood or urine that isequal to or greater than:

 

Urine Blood

Nanogramsper Nanograms per

Prohibited substance milliliter milliliter

 

(a) Amphetamine 500 100

(b) Cocaine 150 50

(c) Cocaine metabolite 150 50

(d) Heroin 2,000 50

(e) Heroin metabolite:

(1) Morphine 2,000 50

(2) 6-monoacetyl morphine 10 10

(f) Lysergic acid diethylamide 25 10

(g) Marijuana 10 2

(h) Marijuana metabolite 15 5

(i) Methamphetamine 500 100

(j) Phencyclidine 25 10

 

4. If consumption is proven by a preponderance of theevidence, it is an affirmative defense under paragraph (c) of subsection 1 thatthe defendant consumed a sufficient quantity of alcohol after operating orbeing in actual physical control of the vessel, and before his blood wastested, to cause him to have a concentration of 0.10 or more of alcohol in hisblood or breath. A defendant who intends to offer this defense at a trial orpreliminary hearing must, not less than 14 days before the trial or hearing orat such other time as the court may direct, file and serve on the prosecutingattorney a written notice of that intent.

5. Except as otherwise provided in NRS 488.427, a person who violates theprovisions of this section is guilty of a misdemeanor.

(Added to NRS by 1987, 626; A 1993, 539; 1999, 2463, 3430; 2001, 172; 2003, 2563; 2005, 615, effectiveon the date of the repeal of the federal law requiring each state to make itunlawful for a person to operate a motor vehicle with a blood alcoholconcentration of 0.08 percent or greater as a condition to receiving federalfunding for the construction of highways in this State)

NRS 488.420 Penaltyif death or substantial bodily harm results; exception; segregation ofoffender; plea bargaining prohibited; affirmative defense; aggravating factor.[Effective until the date of the repeal of the federal law requiring each stateto make it unlawful for a person to operate a motor vehicle with a bloodalcohol concentration of 0.08 percent or greater as a condition to receivingfederal funding for the construction of highways in this State.]

1. Unless agreater penalty is provided pursuant to NRS488.425, a person who:

(a) Is under the influence of intoxicating liquor;

(b) Has a concentration of alcohol of 0.08 or more inhis blood or breath;

(c) Is found by measurement within 2 hours afteroperating or being in actual physical control of a vessel under power or sailto have a concentration of alcohol of 0.08 or more in his blood or breath;

(d) Is under the influence of a controlled substance oris under the combined influence of intoxicating liquor and a controlledsubstance;

(e) Inhales, ingests, applies or otherwise uses anychemical, poison or organic solvent, or any compound or combination of any ofthese, to a degree which renders him incapable of safely operating or being inactual physical control of a vessel under power or sail; or

(f) Has a prohibited substance in his blood or urine inan amount that is equal to or greater than the amount set forth in subsection 3of NRS 488.410,

and does anyact or neglects any duty imposed by law while operating or being in actualphysical control of any vessel under power or sail, if the act or neglect ofduty proximately causes the death of, or substantial bodily harm to, a personother than himself, is guilty of a category B felony and shall be punished byimprisonment in the state prison for a minimum term of not less than 2 yearsand a maximum term of not more than 20 years and shall be further punished by afine of not less than $2,000 nor more than $5,000. A person so imprisoned must,insofar as practicable, be segregated from offenders whose crimes were violentand, insofar as practicable, be assigned to an institution or facility ofminimum security.

2. A prosecuting attorney shall not dismiss a chargeof violating the provisions of subsection 1 in exchange for a plea of guilty ornolo contendere to a lesser charge or for any other reason unless he knows orit is obvious that the charge is not supported by probable cause or cannot beproved at the time of trial. A sentence imposed pursuant to subsection 1 mustnot be suspended, and probation must not be granted.

3. If consumption is proven by a preponderance of theevidence, it is an affirmative defense under paragraph (c) of subsection 1 thatthe defendant consumed a sufficient quantity of alcohol after operating orbeing in actual physical control of the vessel under power or sail, and beforehis blood was tested, to cause him to have a concentration of alcohol of 0.08or more in his blood or breath. A defendant who intends to offer this defenseat a trial or preliminary hearing must, not less than 14 days before the trialor hearing or at such other time as the court may direct, file and serve on theprosecuting attorney a written notice of that intent.

4. If a person less than 15 years of age was in thevessel at the time of the defendants violation, the court shall consider thatfact as an aggravating factor in determining the sentence of the defendant.

(Added to NRS by 1997, 327; A 1999, 2463, 3431; 2001, 172; 2003, 1495, 2564; 2005, 155)

NRS 488.420 Penalty if death or substantialbodily harm results; exception; segregation of offender; plea bargainingprohibited; affirmative defense; aggravating factor. [Effective on the date ofthe repeal of the federal law requiring each state to make it unlawful for aperson to operate a motor vehicle with a blood alcohol concentration of 0.08percent or greater as a condition to receiving federal funding for theconstruction of highways in this State.]

1. Unless agreater penalty is provided pursuant to NRS488.425, a person who:

(a) Is under the influence of intoxicating liquor;

(b) Has a concentration of alcohol of 0.10 or more inhis blood or breath;

(c) Is found by measurement within 2 hours afteroperating or being in actual physical control of a vessel under power or sailto have a concentration of alcohol of 0.10 or more in his blood or breath;

(d) Is under the influence of a controlled substance oris under the combined influence of intoxicating liquor and a controlledsubstance;

(e) Inhales, ingests, applies or otherwise uses anychemical, poison or organic solvent, or any compound or combination of any ofthese, to a degree which renders him incapable of safely operating or being inactual physical control of a vessel under power or sail; or

(f) Has a prohibited substance in his blood or urine inan amount that is equal to or greater than the amount set forth in subsection 3of NRS 488.410,

and does anyact or neglects any duty imposed by law while operating or being in actualphysical control of any vessel under power or sail, if the act or neglect ofduty proximately causes the death of, or substantial bodily harm to, a personother than himself, is guilty of a category B felony and shall be punished byimprisonment in the state prison for a minimum term of not less than 2 yearsand a maximum term of not more than 20 years and shall be further punished by afine of not less than $2,000 nor more than $5,000. A person so imprisoned must,insofar as practicable, be segregated from offenders whose crimes were violentand, insofar as practicable, be assigned to an institution or facility ofminimum security.

2. A prosecuting attorney shall not dismiss a chargeof violating the provisions of subsection 1 in exchange for a plea of guilty ornolo contendere to a lesser charge or for any other reason unless he knows orit is obvious that the charge is not supported by probable cause or cannot beproved at the time of trial. A sentence imposed pursuant to subsection 1 mustnot be suspended, and probation must not be granted.

3. If consumption is proven by a preponderance of theevidence, it is an affirmative defense under paragraph (c) of subsection 1 thatthe defendant consumed a sufficient quantity of alcohol after operating orbeing in actual physical control of the vessel under power or sail, and beforehis blood was tested, to cause him to have a concentration of alcohol of 0.10or more in his blood or breath. A defendant who intends to offer this defenseat a trial or preliminary hearing must, not less than 14 days before the trialor hearing or at such other time as the court may direct, file and serve on theprosecuting attorney a written notice of that intent.

4. If a person less than 15 years of age was in thevessel at the time of the defendants violation, the court shall consider thatfact as an aggravating factor in determining the sentence of the defendant.

(Added to NRS by 1997, 327; A 1999, 2463, 3431; 2001, 172; 2003, 1495, 2564; 2005, 155, effectiveon the date of the repeal of the federal law requiring each state to make itunlawful for a person to operate a motor vehicle with a blood alcohol concentrationof 0.08 percent or greater as a condition to receiving federal funding for theconstruction of highways in this State)

NRS 488.425 Homicideby vessel: Penalty; segregation of offender; plea bargaining prohibited;affirmative defense; aggravating factor. [Effective until the date of therepeal of the federal law requiring each state to make it unlawful for a personto operate a motor vehicle with a blood alcohol concentration of 0.08 percentor greater as a condition to receiving federal funding for the construction ofhighways in this State.]

1. A person commits homicide by vessel if he:

(a) Operates or is in actual physical control of avessel under power or sail on the waters of this State and:

(1) Is under the influence of intoxicatingliquor;

(2) Has a concentration of alcohol of 0.08 ormore in his blood or breath;

(3) Is found by measurement within 2 hours afteroperating or being in actual physical control of a vessel under power or sailto have a concentration of alcohol of 0.08 or more in his blood or breath;

(4) Is under the influence of a controlledsubstance or is under the combined influence of intoxicating liquor and acontrolled substance;

(5) Inhales, ingests, applies or otherwise usesany chemical, poison or organic solvent, or any compound or combination of anyof these, to a degree which renders him incapable of safely operating orexercising actual physical control of a vessel under power or sail; or

(6) Has a prohibited substance in his blood orurine in an amount that is equal to or greater than the amount set forth insubsection 3 of NRS 488.410;

(b) Proximately causes the death of a person other thanhimself while operating or in actual physical control of a vessel under poweror sail; and

(c) Has previously been convicted of at least threeoffenses.

2. A person who commits homicide by vessel is guiltyof a category A felony and shall be punished by imprisonment in the stateprison:

(a) For life with the possibility of parole, witheligibility for parole beginning when a minimum of 10 years has been served; or

(b) For a definite term of 25 years, with eligibilityfor parole beginning when a minimum of 10 years has been served.

3. A person imprisoned pursuant to subsection 2 must,insofar as practicable, be segregated from offenders whose crimes were violentand, insofar as practicable, be assigned to an institution or facility ofminimum security.

4. A prosecuting attorney shall not dismiss a chargeof homicide by vessel in exchange for a plea of guilty or nolo contendere to alesser charge or for any other reason unless he knows or it is obvious that thecharge is not supported by probable cause or cannot be proved at the time oftrial. A sentence imposed pursuant to subsection 2 may not be suspended nor mayprobation be granted.

5. If consumption is proven by a preponderance of theevidence, it is an affirmative defense under subparagraph (3) of paragraph (a)of subsection 1 that the defendant consumed a sufficient quantity of alcoholafter operating or being in actual physical control of the vessel, and beforehis blood or breath was tested, to cause him to have a concentration of alcoholof 0.08 or more in his blood or breath. A defendant who intends to offer thisdefense at a trial or preliminary hearing must, not less than 14 days beforethe trial or hearing or at such other time as the court may direct, file andserve on the prosecuting attorney a written notice of that intent.

6. If the defendant was transporting a person who isless than 15 years of age in the vessel at the time of the violation, the courtshall consider that fact as an aggravating factor in determining the sentenceof the defendant.

7. As used in this section, offense means:

(a) A violation of NRS488.410 or 488.420;

(b) A homicide resulting from operating or being inactual physical control of a vessel while under the influence of intoxicatingliquor or a controlled substance or resulting from any other conduct prohibitedby this section or NRS 488.410 or 488.420; or

(c) A violation of a law of any other jurisdiction thatprohibits the same or similar conduct as set forth in paragraph (a) or (b).

(Added to NRS by 2005, 153)

NRS 488.425 Homicide by vessel: Penalty;segregation of offender; plea bargaining prohibited; affirmative defense;aggravating factor. [Effective on the date of the repeal of the federal lawrequiring each state to make it unlawful for a person to operate a motorvehicle with a blood alcohol concentration of 0.08 percent or greater as acondition to receiving federal funding for the construction of highways in thisState.]

1. A person commits homicide by vessel if he:

(a) Operates or is in actual physical control of avessel under power or sail on the waters of this State and:

(1) Is under the influence of intoxicatingliquor;

(2) Has a concentration of alcohol of 0.10 ormore in his blood or breath;

(3) Is found by measurement within 2 hours afteroperating or being in actual physical control of a vessel under power or sailto have a concentration of alcohol of 0.10 or more in his blood or breath;

(4) Is under the influence of a controlledsubstance or is under the combined influence of intoxicating liquor and acontrolled substance;

(5) Inhales, ingests, applies or otherwise usesany chemical, poison or organic solvent, or any compound or combination of anyof these, to a degree which renders him incapable of safely operating orexercising actual physical control of a vessel under power or sail; or

(6) Has a prohibited substance in his blood orurine in an amount that is equal to or greater than the amount set forth insubsection 3 of NRS 488.420;

(b) Proximately causes the death of a person other thanhimself while operating or in actual physical control of a vessel under poweror sail; and

(c) Has previously been convicted of at least threeoffenses.

2. A person who commits homicide by vessel is guiltyof a category A felony and shall be punished by imprisonment in the stateprison:

(a) For life with the possibility of parole, witheligibility for parole beginning when a minimum of 10 years has been served; or

(b) For a definite term of 25 years, with eligibilityfor parole beginning when a minimum of 10 years has been served.

3. A person imprisoned pursuant to subsection 2 must,insofar as practicable, be segregated from offenders whose crimes were violentand, insofar as practicable, be assigned to an institution or facility ofminimum security.

4. A prosecuting attorney shall not dismiss a chargeof homicide by vessel in exchange for a plea of guilty or nolo contendere to alesser charge or for any other reason unless he knows or it is obvious that thecharge is not supported by probable cause or cannot be proved at the time oftrial. A sentence imposed pursuant to subsection 2 may not be suspended nor mayprobation be granted.

5. If consumption is proven by a preponderance of theevidence, it is an affirmative defense under subparagraph (3) of paragraph (a)of subsection 1 that the defendant consumed a sufficient quantity of alcoholafter operating or being in actual physical control of the vessel, and beforehis blood or breath was tested, to cause him to have a concentration of alcoholof 0.10 or more in his blood or breath. A defendant who intends to offer thisdefense at a trial or preliminary hearing must, not less than 14 days beforethe trial or hearing or at such other time as the court may direct, file andserve on the prosecuting attorney a written notice of that intent.

6. If the defendant was transporting a person who isless than 15 years of age in the vessel at the time of the violation, the courtshall consider that fact as an aggravating factor in determining the sentenceof the defendant.

7. As used in this section, offense means:

(a) A violation of NRS488.410 or 488.420;

(b) A homicide resulting from operating or being inactual physical control of a vessel while under the influence of intoxicatingliquor or a controlled substance or resulting from any other conduct prohibitedby this section or NRS 488.410 or 488.420; or

(c) A violation of a law of any other jurisdiction thatprohibits the same or similar conduct as set forth in paragraph (a) or (b).

(Added to NRS by 2005, 153, 174, effective on thedate of the repeal of the federal law requiring each state to make it unlawfulfor a person to operate a motor vehicle with a blood alcohol concentration of0.08 percent or greater as a condition to receiving federal funding for theconstruction of highways in this State)

NRS 488.427 Penaltyfor second or subsequent felony; exception; segregation of offender; pleabargaining prohibited; aggravating factor.

1. Unless a greater penalty is provided pursuant to NRS 488.425, a person who violates theprovisions of NRS 488.410 and who haspreviously been convicted of a violation of NRS488.420 or 488.425 or a violation ofthe law of any other jurisdiction that prohibits the same or similar conduct asset forth in NRS 488.420 or 488.425 is guilty of a category B felonyand shall be punished by imprisonment in the state prison for a minimum term ofnot less than 2 years and a maximum term of not more than 15 years, and shallbe further punished by a fine of not less than $2,000 nor more than $5,000. Anoffender so imprisoned must, insofar as practicable, be segregated fromoffenders whose crimes were violent and, insofar as practicable, be assigned toan institution or facility of minimum security.

2. The facts concerning a prior violation of NRS 488.420 or 488.425 must be alleged in the complaint,indictment or information, must not be read to the jury or proved at trial butmust be proved at the time of sentencing.

3. A prosecuting attorney shall not dismiss a chargeof violating the provisions of NRS 488.410against a person previously convicted of violating NRS 488.420 or 488.425 in exchange for a plea of guilty ornolo contendere to a lesser charge or for any other reason unless he knows orit is obvious that the charge is not supported by probable cause or cannot beproved at the time of trial. A sentence imposed pursuant to subsection 1 mustnot be suspended, and probation must not be granted.

4. If a person less than 15 years of age was in thevessel at the time of the defendants violation, the court shall consider thatfact as an aggravating factor in determining the sentence of the defendant.

(Added to NRS by 2005, 615; A 2005, 22ndSpecial Session, 105)

NRS 488.430 Evaluationof certain offenders before sentencing.

1. Before sentencing a defendant pursuant to NRS 488.420, 488.425 or 488.427, the court shall require that thedefendant be evaluated to determine whether he is an abuser of alcohol or drugsand whether he can be treated successfully for his condition.

2. The evaluation must be conducted by:

(a) An alcohol and drug abuse counselor who is licensedor certified pursuant to chapter 641C of NRSto make such an evaluation;

(b) A physician who is certified to make such anevaluation by the Board of Medical Examiners; or

(c) A psychologist who is certified to make such anevaluation by the Board of Psychological Examiners.

3. The alcohol and drug abuse counselor, physician orpsychologist who conducts the evaluation shall immediately forward the resultsof the evaluation to the Director of the Department of Corrections.

(Added to NRS by 1997, 328; A 1999, 1886, 3074; 2001 Special Session,246; 2005, 156,616)

NRS 488.440 Feefor chemical analysis.

1. If a defendant pleads guilty to or is found guiltyof, a violation of NRS 488.410, 488.420 or 488.425 and a chemical analysis of hisblood, urine, breath or other bodily substance was conducted, the court shall,in addition to any penalty provided by law, order the defendant to pay the sumof $60 as a fee for the chemical analysis. Except as otherwise provided in thissubsection, any money collected for the chemical analysis must not be deductedfrom, and is in addition to, any fine otherwise imposed by the court and mustbe:

(a) Collected from the defendant before or at the sametime that the fine is collected.

(b) Stated separately in the judgment of the court oron the courts docket.

2. All money collected pursuant to subsection 1 mustbe paid by the clerk of the court to the county or city treasurer, asappropriate, on or before the fifth day of each month for the preceding month.

3. The treasurer shall deposit all money received byhim pursuant to subsection 2 in the county or city treasury, as appropriate,for credit to the fund for forensic services created pursuant to NRS 453.575. The money must be accountedfor separately within the fund.

4. Except as otherwise provided in subsection 5, eachmonth the treasurer shall, from the money credited to the fund pursuant tosubsection 3, pay any amount owed for forensic services and deposit anyremaining money in the county or city general fund, as appropriate.

5. In counties that do not receive forensic servicesunder a contract with the State, the money credited to the fund pursuant tosubsection 3:

(a) Except as otherwise provided in paragraph (b), mustbe:

(1) Expended to pay for the chemical analysesperformed within the county;

(2) Expended to purchase and maintain equipmentto conduct such analyses;

(3) Expended for the training and continuingeducation of the employees who conduct such analyses; and

(4) Paid to law enforcement agencies whichconduct such analyses to be used by those agencies in the manner provided inthis subsection.

(b) May only be expended to cover the costs of chemicalanalyses conducted by, equipment used by or training for employees of ananalytical laboratory that is approved by the Committee on Testing forIntoxication created in NRS 484.388.

(Added to NRS by 1997, 328; A 2003, 1496; 2005, 157)

NRS 488.450 Impliedconsent to preliminary test of breath; failure to submit to test; use ofresults of test.

1. Any person who operates or is in actual physicalcontrol of a vessel under power or sail on the waters of this State shall bedeemed to have given his consent to a preliminary test of his breath todetermine the concentration of alcohol in his breath when the test isadministered at the direction of a peace officer after a vessel accident orcollision or where an officer stops a vessel, if the officer has reasonablegrounds to believe that the person to be tested was:

(a) Operating or in actual physical control of a vesselunder power or sail while under the influence of intoxicating liquor or acontrolled substance; or

(b) Engaging in any other conduct prohibited by NRS 488.410, 488.420 or 488.425.

2. If the person fails to submit to the test, theofficer shall arrest him and take him to a convenient place for theadministration of a reasonably available evidentiary test under NRS 488.460.

3. The result of the preliminary test must not be usedin any criminal action, except to show there were reasonable grounds to make anarrest.

(Added to NRS by 1997, 329; A 1999, 2464, 3432; 2001, 172; 2005, 157)

NRS 488.460 Impliedconsent to evidentiary test; exemption from blood test; choice of test;circumstances in which peace officer may direct person to submit to blood test;restrictions on requiring urine test; failure to submit to test.

1. Except as otherwise provided in subsections 3 and4, a person who operates or is in actual physical control of a vessel underpower or sail on the waters of this State shall be deemed to have given hisconsent to an evidentiary test of his blood, urine, breath or other bodilysubstance to determine the concentration of alcohol in his blood or breath orto determine whether a controlled substance, chemical, poison, organic solventor another prohibited substance is present, if such a test is administered atthe direction of a peace officer having reasonable grounds to believe that theperson to be tested was:

(a) Operating or in actual physical control of a vesselunder power or sail while under the influence of intoxicating liquor or acontrolled substance; or

(b) Engaging in any other conduct prohibited by NRS 488.410, 488.420 or 488.425.

2. If the person to be tested pursuant to subsection 1is dead or unconscious, the officer shall direct that samples of blood from theperson be tested.

3. Any person who is afflicted with hemophilia or witha heart condition requiring the use of an anticoagulant as determined by aphysician is exempt from any blood test which may be required pursuant to thissection, but must, when appropriate pursuant to the provisions of this section,be required to submit to a breath or urine test.

4. If the concentration of alcohol of the blood orbreath of the person to be tested is in issue:

(a) Except as otherwise provided in this section, theperson may refuse to submit to a blood test if means are reasonably availableto perform a breath test.

(b) The person may request a blood test, but if meansare reasonably available to perform a breath test when the blood test isrequested, and the person is subsequently convicted, he must pay for the costof the blood test, including the fees and expenses of witnesses in court.

(c) A peace officer may direct the person to submit toa blood test if the officer has reasonable grounds to believe that the person:

(1) Caused death or substantial bodily harm toanother person as a result of operating or being in actual physical control ofa vessel under power or sail while under the influence of intoxicating liquoror a controlled substance or as a result of engaging in any other conductprohibited by NRS 488.410, 488.420 or 488.425; or

(2) Has been convicted within the previous 7years of:

(I) A violation of NRS 484.379, 484.3795, 484.37955, subsection 2 of NRS 488.400, NRS 488.410, 488.420 or 488.425 or a law of another jurisdictionthat prohibits the same or similar conduct; or

(II) Any other offense in this State oranother jurisdiction in which death or substantial bodily harm to anotherperson resulted from conduct prohibited by a law set forth in sub-subparagraph(I).

5. If the presence of a controlled substance,chemical, poison, organic solvent or another prohibited substance in the bloodor urine of the person is in issue, the officer may direct him to submit to ablood or urine test, or both, in addition to the breath test.

6. Except as otherwise provided in subsections 3 and5, a peace officer shall not direct a person to submit to a urine test.

7. If a person to be tested fails to submit to arequired test as directed by a peace officer pursuant to this section and theofficer has reasonable grounds to believe that the person to be tested was:

(a) Operating or in actual physical control of a vesselunder power or sail while under the influence of intoxicating liquor or acontrolled substance; or

(b) Engaging in any other conduct prohibited by NRS 488.410, 488.420 or 488.425,

the officermay direct that reasonable force be used to the extent necessary to obtainsamples of blood from the person to be tested. Not more than three such samplesmay be taken during the 5-hour period immediately following the time of theinitial arrest. In such a circumstance, the officer is not required to providethe person with a choice of tests for determining the alcoholic content orpresence of a controlled substance or another prohibited substance in hisblood.

(Added to NRS by 1987, 627; A 1993, 146, 2077; 1997,330; 1999, 2465, 3433; 2001, 172; 2005, 158)

NRS 488.470 Requirementsfor evidentiary test of breath to determine concentration of alcohol in breath;use of reasonable force to obtain sample or conduct test.

1. Except asotherwise provided in subsection 2, an evidentiary test of breath to determinethe concentration of alcohol in a persons breath may be used to establish thatconcentration only if two consecutive samples of the persons breath are takenand:

(a) The difference between the concentration of alcoholin the persons breath indicated by the two samples is less than or equal to0.02;

(b) If the provisions of paragraph (a) do not apply, athird evidentiary test of breath is administered and the difference between theconcentration of alcohol in the persons breath indicated by the third sampleand one of the first two samples is less than or equal to 0.02; or

(c) If the provisions of paragraphs (a) and (b) do notapply, a fourth evidentiary test is administered. Except as otherwise providedin NRS 488.460, the fourth evidentiarytest must be a blood test.

2. If the person fails to provide the second or thirdconsecutive sample, or to submit to the fourth evidentiary test, the results ofthe first test may be used alone as evidence of the concentration of alcohol inthe persons breath. If for some other reason a second, third or fourth sampleis not obtained, the results of the first test may be used with all otherevidence presented to establish the concentration.

3. If a person refuses or otherwise fails to provide asecond or third consecutive sample or submit to a fourth evidentiary test, apeace officer may direct that reasonable force be used to obtain a sample orconduct a test pursuant to NRS 488.460.

(Added to NRS by 1997, 329; A 1999, 2466)

NRS 488.480 Admissibilityof evidence of failure to submit to evidentiary test and results of test;availability of results of test; presumption of accuracy and reliability oftesting device; judicial notice of certification of operator of testing device;other evidence not precluded.

1. If a person refuses to submit to a requiredchemical test provided for in NRS 488.450or 488.460, evidence of that refusal isadmissible in any criminal action arising out of acts alleged to have beencommitted while the person was:

(a) Operating or in actual physical control of a vesselunder power or sail while under the influence of intoxicating liquor or acontrolled substance; or

(b) Engaging in any other conduct prohibited by NRS 488.410, 488.420 or 488.425.

2. Except as otherwise provided in subsection 3 of NRS 488.450, a court may not excludeevidence of a required test or failure to submit to such a test if the peaceofficer or other person substantially complied with the provisions of NRS 488.450 to 488.500, inclusive.

3. If a person submits to a chemical test provided forin NRS 488.450 or 488.460, full information concerning thattest must be made available, upon his request, to him or his attorney.

4. Evidence of a required test is not admissible in acriminal proceeding unless it is shown by documentary or other evidence thatthe device for testing breath was certified pursuant to NRS 484.3882 and was calibrated,maintained and operated as provided by the regulations of the Committee onTesting for Intoxication adopted pursuant to NRS484.3884, 484.3886 or 484.3888.

5. If the device for testing breath has been certifiedby the Committee on Testing for Intoxication to be accurate and reliablepursuant to NRS 484.3882, it is presumedthat, as designed and manufactured, the device is accurate and reliable for thepurpose of testing a persons breath to determine the concentration of alcoholin the persons breath.

6. A court shall take judicial notice of thecertification by the Director of a person to operate testing devices of one ofthe certified types. If a test to determine the amount of alcohol in a personsbreath has been performed with a certified type of device by a person who iscertified pursuant to NRS 484.3886 or 484.3888, it is presumed that the personoperated the device properly.

7. This section does not preclude the admission ofevidence of a test of a persons breath where the:

(a) Information is obtained through the use of a deviceother than one of a type certified by the Committee on Testing forIntoxication.

(b) Test has been performed by a person other than onewho is certified by the Director.

8. As used in this section, Director means theDirector of the Department of Public Safety.

(Added to NRS by 1987, 628; A 1993, 2078; 1997, 331; 1999, 1033, 2466, 3434, 3440; 2001, 172; 2005, 60, 159)

NRS 488.490 Opportunityof arrested person to choose qualified person to administer test; substitutionof test prohibited.

1. A person who is arrested for operating or being inactual physical control of a vessel under power or sail while under theinfluence of intoxicating liquor or a controlled substance or for engaging inany other conduct prohibited by NRS 488.410,488.420 or 488.425 must be permitted, upon his requestand at his expense, reasonable opportunity to have a qualified person of hisown choosing administer a chemical test to determine:

(a) The concentration of alcohol in his blood orbreath; or

(b) Whether a controlled substance, chemical, poison,organic solvent or another prohibited substance is present in his blood orurine.

2. The failure or inability to obtain such a test doesnot preclude the admission of evidence relating to the refusal to submit to atest or relating to a test taken upon the request of a peace officer.

3. A test obtained under the provisions of thissection may not be substituted for or stand in lieu of the test required by NRS 488.460.

(Added to NRS by 1987, 628; A 1999, 2467, 3435; 2001, 172; 2005, 160)

NRS 488.500 Admissibilityof results of blood test in criminal action; immunity from liability for personadministering blood test in certain circumstances.

1. The results of any blood test administered underthe provisions of NRS 488.460 or 488.490 are not admissible in any criminalaction arising out of acts alleged to have been committed by a person who wasoperating or in actual physical control of a vessel under power or sail whileunder the influence of intoxicating liquor or a controlled substance or who wasengaging in any other conduct prohibited by NRS488.410, 488.420 or 488.425 unless:

(a) The blood tested was withdrawn by a person, otherthan an arresting officer, who:

(1) Is a physician, registered nurse, licensedpractical nurse, emergency medical technician or a phlebotomist, technician,technologist or assistant employed in a medical laboratory; or

(2) Has special knowledge, skill, experience,training and education in withdrawing blood in a medically acceptable manner,including, without limitation, a person qualified as an expert on that subjectin a court of competent jurisdiction or a person who has completed a course ofinstruction described in subsection 2 of NRS652.127; and

(b) The test was performed on whole blood, except ifthe sample was clotted when it was received by the laboratory, the test may beperformed on blood serum or plasma.

2. The limitation contained in paragraph (a) ofsubsection 1 does not apply to the taking of a chemical test of the urine,breath or other bodily substance.

3. No person listed in paragraph (a) of subsection 1incurs any civil or criminal liability as a result of the administering of ablood test when requested by a peace officer or the person to be tested toadminister the test.

(Added to NRS by 1987, 628; A 1999, 3435; 2005, 160, 2043)

NRS 488.510 Presumptionthat solution or gas used to calibrate device for testing breath is properlyprepared. If:

1. A manufacturer or technician in a laboratoryprepares a chemical solution or gas to be used in calibrating a device fortesting a persons breath to determine the concentration of alcohol in hisbreath; and

2. The technician makes an affidavit or declarationthat the solution or gas has the chemical composition that is necessary forcalibrating the device,

it ispresumed that the solution or gas has been properly prepared and is suitablefor calibrating the device.

(Added to NRS by 1987, 629; A 1993, 2079; 1999, 2467)

NRS 488.520 Analysisof blood of deceased victim of accident involving vessel to determine presenceand concentration of alcohol.

1. Any coroner, or other public officer performinglike duties, shall in all cases in which a death has occurred as a result of anaccident involving a vessel under power or sail on the waters of this state,whether the person killed is the operator of the vessel or a passenger or otherperson, cause to be drawn from each decedent, within 8 hours after theaccident, a blood sample to be analyzed for the presence and concentration ofalcohol.

2. The findings of the examinations are a matter ofpublic record and must be reported to the Commission by the coroner or otherpublic officer within 30 days after the death.

3. Analyses of blood alcohol are acceptable only ifmade by laboratories licensed to perform this function.

(Added to NRS by 1987, 629; A 1999, 2468)

Miscellaneous Provisions

NRS 488.540 Commissionmay establish and maintain pilot rules; operator to maintain proper lookout;operation of vessel without required equipment prohibited.

1. The Commission may establish and maintain for theoperation of vessels on the waters of this state pilot rules in conformity withthe pilot rules contained in the Federal Navigation Laws or the navigationrules promulgated by the United States Coast Guard.

2. A person shall operate a vessel in this state inconformance with the pilot rules adopted by the Commission.

3. The operator of any vessel in this state shallmaintain a proper lookout for other vessels, obstructions or hazards. Anoperator of a vessel who fails to maintain a proper lookout and causes injuryto another person or property damage to another vessel is guilty of amisdemeanor.

4. A person shall not operate or give permission forthe operation of a vessel which is not equipped as required by this section andNRS 488.185, 488.187, 488.193and 488.198.

(Added to NRS by 1977, 138; A 1985, 343; 1989,1773)(Substituted in revision for NRS 488.201)

NRS 488.550 Collisions,accidents and other casualties.

1. The operator of a vessel involved in a collision,accident or other casualty shall, so far as he can do so without serious dangerto his own vessel, crew and passengers, render to other persons affected by thecasualty such assistance as may be practicable and as may be necessary to savethem from or minimize any danger caused by the casualty, and shall give hisname, address and the identification of his vessel in writing to any personinjured and to the owner of any property damaged in the casualty.

2. In the case of collision, accident or othercasualty involving a vessel, the operator thereof, if the casualty results indeath or injury to a person or damage to property in excess of $500, shall filewith the Department a full description of the casualty, including, withoutlimitation, such information as the Commission may, by regulation, require.

3. Upon receipt of a claim under a policy of insurancewith respect to a collision, accident or other casualty for which a report isrequired by subsection 2, the insurer shall provide written notice to theinsured of his responsibility pursuant to subsection 2 to file with theDepartment a full description of the casualty.

4. Upon receipt of a request for repair with respectto a collision, accident or other casualty for which a report is required bysubsection 2, the person who repairs the vessel shall provide written notice tothe person requesting the repairs of the requirement set forth in subsection 2that the operator file with the Department a full description of the casualty.

5. The insurer and the person who repairs a vesselshall transmit a copy of each notice they provide pursuant to subsections 3 and4, respectively, to the Department at the same time the notice is provided tothe insured or person requesting the repairs.

6. The Department shall investigate or cause to beinvestigated a collision, accident or other casualty involving a vessel whichresults in death or substantial bodily injury and shall gather evidence to beused in the prosecution of a person charged with violating a law in connectionwith the collision, accident or other casualty. The Department may investigateor cause to be investigated a collision, accident or other casualty involving avessel which does not result in death or substantial bodily injury and maygather evidence to be used in the prosecution of a person charged with violatinga law in connection with the collision, accident or other casualty.

(Added to NRS by 1960, 480; A 1965, 1066; 1971, 760;1983, 334; 1985, 1968; 1993, 1651, 2015; 1999, 712; 2003, 1578)

NRS 488.560 Transmittalof information regarding collision or accident to federal agency. In accordance with any request made by an authorizedofficial or agency of the United States, any information compiled or otherwiseavailable to the Department pursuant to NRS488.550 must be transmitted to the official or agency of the United States.

(Added to NRS by 1960, 480; A 1965, 1066; 1971, 760;1985, 1969; 1993, 1651; 2003, 1579)

Prohibited Acts

NRS 488.570 Operationof vessel towing person on water skis, surfboard, inflatable device or similardevice; operation of vessel within 100 feet of person being towed.

1. A person shall not operate a vessel on any watersof this state towing a person on water skis, a surfboard, an inflatable deviceor any similar device unless the operator:

(a) Is at least 14 years of age; or

(b) Is at least 12 years of age, if a passenger in thevessel is a person who is 21 years of age or older and is in a position tosupervise the operator.

2. A person shall not operate a vessel on any watersof this state towing a person on water skis, a surfboard, an inflatable deviceor any similar device unless there is in the vessel a person, in addition tothe operator, who is in a position to observe the person being towed and is:

(a) At least 12 years of age; or

(b) At least 10 years of age, if another passenger inthe vessel is a person who is 21 years of age or older.

The observershall continuously observe the person being towed and shall immediately displayso as to be visible from every direction, an international orange flag of atleast 12 inches in height by 12 inches in width when the person being towed isgetting ready to be towed and has a rope or line extended to him, or ceases tobe towed and is in the water awaiting pickup by the vessel.

3. When within 100 feet of the person in the water,every vessel, other than the vessel towing him, must be operated at a speedthat leaves a flat wake, but in no case may it be operated at a speed greaterthan 5 nautical miles per hour.

4. A person shall not operate a vessel on any watersof this state towing a person on water skis, a surfboard or similar device, orengage in waterskiing, surfboarding or similar activity from sunset to sunrise,as established by the Nautical Almanac Office, United States Naval Observatory,Washington, D.C.

5. The provisions of this section do not apply to aperformer engaged in a professional exhibition or a person engaged in anactivity authorized under NRS 488.305.

(Added to NRS by 1960, 480; A 1965, 1066; 1975, 647;1985, 343; 1987, 764; 1991, 856)(Substituted in revision for NRS 488.235)

NRS 488.575 Wearingof personal flotation device by passenger less than 12 years of age: Duty ofperson who operates, owns or controls vessel; exceptions.

1. Except as otherwise provided in subsection 2, aperson shall not operate or authorize another person to operate a vessel underhis ownership or control on any waters of this state unless each person on thevessel who is less than 12 years of age is wearing a personal flotation deviceof a type approved by the United States Coast Guard and prescribed by theregulations of the Commission while the vessel is under way.

2. The provisions of subsection 1 do not apply topersons on board:

(a) A commercial vessel licensed by the United StatesCoast Guard for the transportation of passengers for hire; or

(b) Any other vessel who are below the deck or inside acabin of the vessel.

(Added to NRS by 2001, 1948)

NRS 488.580 Operationof personal watercraft.

1. A person shall not operate or authorize anotherperson to operate a personal watercraft under his ownership or control:

(a) In a reckless or negligent manner so as to endangerthe life or property of another person.

(b) Unless the operator and each passenger is wearing apersonal flotation device of a type approved by the United States Coast Guardand prescribed by the regulations of the Commission.

(c) Unless the operator is at least 14 years of age.

(d) Unless the operator satisfies any applicableprovisions of NRS 488.730.

2. There is prima facie evidence that a person isoperating a personal watercraft in a reckless or negligent manner if thatperson commits two or more of the following acts simultaneously:

(a) Operates the personal watercraft within a zonecloser than 5 lengths of the longest vessel, unless both are leaving a flatwake or traveling at a speed of not more than 5 nautical miles per hour.

(b) Operates the personal watercraft in the vicinity ofa motorboat in a manner that obstructs the visibility of either operator.

(c) Heads into the wake of a motorboat which is withina zone closer than 5 lengths of the longest vessel and causes one-half or moreof the length of the personal watercraft to leave the water.

(d) Within a zone closer than 5 lengths of the longestvessel, maneuvers quickly, turns sharply or swerves, unless the maneuver is necessaryto avoid collision.

3. As used in this section, personal watercraftmeans a class A motorboat which:

(a) Is less than 13 feet in length;

(b) Is designed to be operated by a person sitting,standing or kneeling on, rather than in, the motorboat;

(c) Is capable of performing sharp turns or quickmaneuvers; and

(d) Has a motor that exceeds 10 horsepower.

(Added to NRS by 1991, 852; A 2001, 1719, 1948; 2003, 74)

NRS 488.590 Overloadingvessel prohibited. No owner or operator of anyvessel shall knowingly permit such vessel to be loaded with passengers or cargobeyond the maximum allowable weight capacity of such vessel, nor beyond itssafe carrying capacity, taking into consideration weather and other operatingconditions.

(Added to NRS by 1957, 570; A 1960, 483)(Substitutedin revision for NRS 488.255)

NRS 488.600 Unlawfuloperation of vessel: Reduced speed required in certain areas. Every owner, operator or person in command of any vesselis guilty of a misdemeanor who operates it or permits it to be operated at aspeed in excess of 5 nautical miles per hour in any of the following areas:

1. Within 100 feet of any person who is engaged in theact of bathing, wading, diving, floating or swimming.

2. Within 200 feet of any:

(a) Beach frequented by persons who engage in the actsof bathing, wading, diving, floating or swimming.

(b) Swimming float, diving platform or lifeline.

(c) Way or landing float to which vessels are made fastor which is used for the embarkation or discharge of passengers.

[1:143:1951](NRS A 1999, 960)

NRS 488.610 Unlawfuloperation of vessel in restricted area; designation and marking of restrictedareas.

1. No person may operate a vessel, other than a patrolvessel, in an area designated as restricted, except in an emergency. Such areashall be designated only with the consent of the Commission and shall beclearly marked.

2. The Commission may adopt regulations relating tothe operation of vessels in areas properly marked by divers flags or othersuitable devices.

(Added to NRS by 1963, 105; A 1965, 1066; 1971,760)(Substituted in revision for NRS 488.247)

NRS 488.620 Operationof vessel in area marked for bathing, wading, diving, floating or swimming. A person shall not operate a vessel within a water areawhich is clearly marked by buoys or some other distinguishing device as an areadesignated for bathing, wading, diving, floating or swimming. Such an area mustbe so marked only with the consent of the Commission.

(Added to NRS by 1957, 570; A 1960, 483; 1985, 343; 1999, 960)

NRS 488.630 Operationof vessel in unsafe condition; penalties.

1. A game warden, sheriff or other peace officer ofthis State or any of its political subdivisions who observes a vessel beingoperated in an unsafe condition may direct the operator of the vessel to takeimmediate steps to correct the condition. If the condition cannot be correctedimmediately and constitutes an immediate risk of bodily injury or damage toproperty, the peace officer may order the operator to remove the vessel to portor the nearest safe moorage.

2. For the purposes of this section, a vessel is beingoperated in an unsafe condition if it:

(a) Is overloaded beyond the manufacturers recommendedsafe loading capacity;

(b) Has an insufficient number of personal flotationdevices approved by the United States Coast Guard;

(c) Has no fire extinguisher as required by NRS 488.193;

(d) Fails to display the proper navigational lightsbetween sunset and sunrise;

(e) Is leaking fuel or has fuel in the bilges;

(f) Is improperly ventilated;

(g) Has an improper device for controlling backfireflame; or

(h) Is being operated in extremely adverse conditions.

3. An operator who refuses to take immediate steps tocorrect the condition or fails to comply with the directions of the peace officershall be punished:

(a) If no injury results, for a misdemeanor;

(b) If bodily injury or damage to property in excess of$200 results, for a gross misdemeanor; or

(c) If the death of another person results, for acategory D felony as provided in NRS 193.130.

(Added to NRS by 1991, 852; A 1995,1302)(Substituted in revision for NRS 488.290)

OPERATION OF MOTORBOATS ON INTERSTATE WATERS; INSTRUCTIONIN SAFE BOATING

NRS 488.730 Operationof certain motorboats on interstate waters of State by persons born on or afterJanuary 1, 1983: Requirements; presentation to peace officer of certaindocumentation; duties of certain persons engaged in business of renting orleasing motorboats.

1. A person born on or after January 1, 1983, shallnot operate a motorboat that has a motor which exceeds 15 horsepower on anyinterstate waters of this State unless the operator:

(a) Has:

(1) Successfully completed a course in safeboating that is approved by the National Association of State Boating LawAdministrators or passed a proficiency examination if the examination wasproctored and tested the knowledge of information included in the curriculum ofsuch a course; and

(2) Received a certificate as evidence ofsuccessful completion of the course or passage of the examination;

(b) Possesses a license to operate a vessel issued formaritime personnel by the United States Coast Guard pursuant to 46 C.F.R. Part10 or an equivalent license issued by the Canadian Coast Guard;

(c) Possesses a nonrenewable temporary operatorspermit to operate the motorboat which is valid for 60 days and was issued withthe certificate of number for the motorboat if the boat is new or was sold witha transfer of ownership;

(d) Possesses a rental or lease agreement providedpursuant to subsection 3 which lists the person as an authorized operator ofthe motorboat; or

(e) Is not a resident of this State, is at least 18years of age, is temporarily using the interstate waters of this State for aperiod not to exceed 60 consecutive days and satisfies any applicablerequirements of his state of residency or province relating to the operation ofa motorboat.

2. A person born on or after January 1, 1983, who isoperating a motorboat that has a motor which exceeds 15 horsepower on anyinterstate waters of this State and who is stopped by a game warden, sheriff orother peace officer in the enforcement of this chapter or the regulationsadopted pursuant thereto shall present to the game warden, sheriff or peaceofficer:

(a) The certificate received by the person pursuant tosubparagraph (2) of paragraph (a) of subsection 1;

(b) A license described in paragraph (b) of subsection1;

(c) An operators permit for the motorboat described inparagraph (c) of subsection 1;

(d) A rental or lease agreement for the motorboatprovided pursuant to subsection 3 which lists the person as an authorizedoperator of the motorboat; or

(e) Proof that he satisfies the requirements ofparagraph (e) of subsection 1.

Failure topresent the certificate, license, permit, agreement or proof constitutes primafacie evidence of a violation of subsection 1. A person who fails to presentthe certificate, license, permit, agreement or proof is guilty of a misdemeanorunless he presents the required documents in court. The documents must provethat the person was operating the motorboat in compliance with this section onthe date of the violation.

3. A person or his agent or employee engaged in thebusiness of renting or leasing motorboats for operation on the interstatewaters of this State shall not rent or lease a motorboat that has a motor whichexceeds 15 horsepower to any person born on or after January 1, 1983, foroperation on the interstate waters of this State unless the person:

(a) Is 18 years of age or older; and

(b) Signs an affidavit that he:

(1) Has successfully completed a course in safeboating that is approved by the National Association of State Boating LawAdministrators or has passed a proficiency examination that was proctored andtests knowledge of the information included in the curriculum of such a course;

(2) Possesses a license to operate a vesselissued for maritime personnel by the United States Coast Guard pursuant to 46 C.F.R.Part 10 or an equivalent license issued by the Canadian Coast Guard; or

(3) Is not a resident of this State, istemporarily using the interstate waters of this State for a period not toexceed 60 consecutive days and satisfies any applicable requirements of hisstate of residency or province relating to the operation of a motorboat.

4. A person or his agent or employee engaged in thebusiness of renting or leasing motorboats for operation on the interstatewaters of this State shall list on each rental or lease agreement for amotorboat the name and age of each person who is authorized to operate themotorboat. The person to whom the motorboat is rented or leased shall ensurethat only those persons who are listed as authorized operators are allowed tooperate the motorboat. A person who is under 16 years of age may:

(a) Be listed as an authorized operator.

(b) Operate the motorboat only if an authorizedoperator who is 18 years of age or older is on board the motorboat andsupervises the person.

5. A person or his agent or employee engaged in thebusiness of renting or leasing motorboats for operation on the interstatewaters of this State shall provide to each authorized operator of a motorboat asummary of the statutes and regulations governing the operation of a motorboatand instructions regarding the safe operation of the motorboat. Each person whois listed as an authorized operator of the motorboat shall review the summaryof the statutes, regulations and instructions before the motorboat departs fromthe rental or leasing office.

(Added to NRS by 2001, 1717)

NRS 488.740 Departmentto certify persons to provide instruction in safe boating; powers and duties ofDepartment concerning courses in safe boating.

1. The Department shall certify persons to provide, incooperation with the Department, instruction in safe boating approved by theNational Association of State Boating Law Administrators. All persons whosuccessfully complete the course must be issued a certificate evidencingsuccessful completion.

2. The Department may offer the courses in cooperationwith organizations that provide education in safe boating, including, withoutlimitation, the United States Coast Guard Auxiliary and the United States PowerSquadrons.

3. The Department shall maintain a list, available forpublic inspection, of the availability of courses in safe boating and anyinstructors who are certified pursuant to subsection 1.

(Added to NRS by 2001, 1719; A 2003, 1579)

NRS 488.750 Personsborn on or after January 1, 1983, to submit to Department certification ofcompletion of course or passage of proficiency examination in safe boating;database of certificates.

1. A person born on or after January 1, 1983, who is aresident of this State and who possesses a certificate that evidences hissuccessful:

(a) Completion of a course in safe boating that isapproved by the National Association of State Boating Law Administrators,including, without limitation, courses offered pursuant to NRS 488.740 and courses offered by theUnited States Coast Guard Auxiliary or the United States Power Squadrons; or

(b) Passage of a proficiency examination that wasproctored and tests the knowledge of the information included in the curriculumof such a course,

shall submitor cause to be submitted a copy of the certificate to the Department. TheDepartment may request additional information necessary for the Department tomaintain the database pursuant to subsection 2.

2. The Department shall establish and maintain adatabase of certificates that it receives pursuant to subsection 1. Thedatabase must include, without limitation, the:

(a) Name, date of birth and gender of the holder of thecertificate;

(b) Date, location and name of the course that theholder of the certificate completed or the examination that he passed; and

(c) Number on the certificate.

(Added to NRS by 2001, 1719; A 2003, 1579)

ENFORCEMENT

NRS 488.900 Enforcementby game wardens and other peace officers; inspection of vessel.

1. Every game warden, sheriff and other peace officerof this State and its political subdivisions shall enforce the provisions ofthis chapter and may stop and board any vessel subject to the provisions ofthis chapter.

2. Any vessel located upon the waters of this State issubject to inspection by the Department or any lawfully designated agent orinspector thereof at any time to determine whether the vessel is equipped incompliance with the provisions of this chapter.

3. Any vessel located upon the waters of this State issubject to inspection by the Division of Environmental Protection of the StateDepartment of Conservation and Natural Resources or any lawfully designatedagent or inspector thereof at any time to determine whether the vessel isequipped in compliance with the provisions of NRS488.320. As used in this subsection, vessel includes any watercraft orstructure floating on the water, whether or not capable of self-locomotion,including houseboats, barges and similar structures.

(Added to NRS by 1960, 482; A 1963, 968; 1965, 1067;1967, 1175; 1971, 761; 1973, 1406; 1985, 1969; 1993, 57, 1652; 1995, 509; 2003, 1580)

NRS 488.910 Seizureof vessel to preserve evidence of crime; payment of storage fees.

1. If a peace officer has probable cause to believethat a vessel or its contents contain evidence tending to show that a criminaloffense has been committed or that a particular person has committed anoffense, the officer may take whatever steps are reasonable to ensure thepreservation of the evidence including safe storage of the vessel or itscontents.

2. If a criminal conviction is obtained as a result ofan action taken pursuant to subsection 1, the person convicted shall pay anystorage fees incurred pursuant to that subsection. If a conviction is notobtained, the law enforcement agency that seized the vessel pursuant tosubsection 1 shall pay those fees.

(Added to NRS by 1989, 1773; A 1993, 1653; 1999, 1070)

NRS 488.920 Citation;taking person before magistrate. Whenever anyperson is halted by a game warden, sheriff or peace officer for any violation ofthis chapter, the person shall, in the discretion of the game warden, sheriffor peace officer either be given a citation or be taken without unnecessarydelay before the proper magistrate. He shall be taken before the magistrate ineither of the following cases:

1. When the person does not furnish satisfactoryevidence of identity; or

2. When the game warden, sheriff or peace officer hasreasonable and probable grounds to believe the person will disregard a writtenpromise to appear in court.

(Added to NRS by 1971, 830)(Substituted in revisionfor NRS 488.360)

PENALTIES

NRS 488.950 Penaltyfor violating provision of chapter: Criminal penalty; authority of court torequire successful completion of course in safe boating as prerequisite tooperation of motorboat upon interstate waters of State.

1. Except asotherwise provided in this chapter, any person who violates any of theprovisions of this chapter is guilty of a misdemeanor.

2. A court may prohibit a person who violates any ofthe provisions of this chapter from operating a motorboat upon the interstatewaters of this State until the person successfully completes, after the date ofthe violation, a course in safe boating approved by the National Association ofState Boating Law Administrators. As used in this subsection, interstatewaters of this State means waters forming the boundary between the State ofNevada and an adjoining state.

(Added to NRS by 1960, 482; A 1991, 857; 2001, 1720)

 

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