462A.1 DECLARATION OF POLICY.
It is the policy of this state to promote safety for persons and
property in and connected with the use, operation and equipment of
vessels and to promote uniformity of laws relating thereto. Section History: Early Form
[C97, § 2511; C24, 27, 31, § 1691; C35, § 1703-e1; C39, §
1703.01; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §
106.1] Section History: Recent Form
C93, § 462A.1
462A.2 DEFINITIONS.
As used in this chapter, unless the context clearly requires a
different meaning:
1. "Alcohol concentration" means the number of grams of
alcohol per any of the following:
a. One hundred milliliters of blood.
b. Two hundred ten liters of breath.
c. Sixty-seven milliliters of urine.
2. "Alcoholic beverage" includes alcohol, wine, spirits,
beer, or any other beverage which contains ethyl alcohol and is fit
for human consumption.
3. "Authorized emergency vessel" means any vessel which is
designated or authorized by the commission for use in law
enforcement, search and rescue, and disaster work.
4. "Boat livery" means a person who holds a vessel for hire,
renting, leasing, or chartering including hotels, motels, or resorts
which furnish a vessel to guests as part of the services of the
business.
5. "Certificate" means a certificate of title.
6. "Chemical test" means an analysis of a person's blood,
breath, urine, or other bodily substance for the determination of the
presence of alcohol, a controlled substance, or a drug.
7. "Commission" means the natural resource commission.
8. "Controlled substance" means any drug, substance, or
compound that is regulated under chapter 124, including any
counterfeit substance or simulated controlled substance, as well as
any metabolite or derivative of the drug, substance, or compound.
9. "Cut-off switch" means an operable factory-installed or
dealer-installed emergency cut-off engine stop switch that is
installed on a personal watercraft.
10. "Cut-off switch lanyard" means the cord used to attach
the person of the operator of a personal watercraft to the cut-off
switch.
11. "Dealer" means a person who engages in whole or in part
in the business of buying, selling, or exchanging vessels either
outright or on conditional sale, bailment, lease, security interest,
or otherwise, and who has an established place of business for sale,
trade, and display of vessels. A yacht broker is a dealer.
12. "Department" means the department of natural resources.
13. "Director" means the director of the department or the
director's designee.
14. "Established place of business" means the place actually
occupied either continuously or at regular periods by a dealer or
manufacturer where the dealer's or manufacturer's books and records
are kept and a large share of the dealer's or manufacturer's business
is transacted.
15. "Farm pond" means a body of water wholly on the lands of
a single owner, or a group of joint owners, which does not have any
connection with any public waters and which is less than ten surface
acres.
16. "Inboard" means a vessel in which the engine is located
internally, the propulsion system is rigidly attached to the engine,
and the propulsion mechanism is within the confines of the vessel's
extreme length and beam.
17. "Inboard-outdrive" means a vessel in which the power
plant or engine is located inside of the vessel and the propulsion
mechanism is located outside of the transom.
18. "Inflatable vessel" means a vessel which achieves and
maintains its intended shape and buoyancy by inflation.
19. "Lienholder" means a person holding a security interest.
20. "Manufacturer" means a person engaged in the business of
manufacturing or importing new and unused vessels, or new and unused
outboard motors, for the purpose of sale or trade.
21. "Motorboat" means any vessel propelled by an inboard,
inboard-outdrive, or outboard engine, whether or not such engine is
the principal source of propulsion.
22. "Navigable waters" means all lakes, rivers, and streams,
which can support a vessel capable of carrying one or more persons
during a total of six months in one out of every ten years.
23. "Nonresident" means every person who is not a resident of
this state.
24. "Operate" means to navigate or otherwise use a vessel or
motorboat.
25. "Operator" means a person who operates or is in actual
physical control of a vessel.
26. "Owner" means a person, other than a lienholder, having
the property right in or title to a motorboat or vessel. The term
includes a person entitled to the use or possession of a vessel or
motorboat subject to an interest in another person, reserved or
created by agreement and securing payment or performance of an
obligation, but the term excludes a lessee under a lease not intended
as security.
27. "Passenger" means a person carried on board a vessel,
including the operator, and anyone towed by a vessel on water skis,
surfboards, inner tubes, or similar devices.
28. "Peace officer" means:
a. A member of the state patrol.
b. A police officer under civil service as provided in
chapter 400.
c. A sheriff.
d. A regular deputy sheriff who has had formal police
training.
e. Any other certified law enforcement officer as defined in
section 80B.3, who has satisfactorily completed an approved course
relating to operating while intoxicated, either at the Iowa law
enforcement academy or in a law enforcement training program approved
by the department of public safety.
29. "Person" means an individual, partnership, firm,
corporation, or association.
30. "Personal watercraft" means a vessel, less than sixteen
feet in length, which is propelled by a water jet pump or similar
machinery as its primary source of motor propulsion and is designed
to be operated by a person sitting, standing, or kneeling on the
vessel rather than being operated by a person sitting, standing, or
kneeling inside the vessel.
31. "Privately owned lake" means any lake, located within the
boundaries of this state and not subject to federal control covering
navigation owned by an individual, group of individuals, or a
nonprofit corporation and which is not open to the use of the general
public but is used exclusively by the owners and their personal
guests.
32. "Proceeds" includes whatever is received when collateral
or proceeds are sold, exchanged, collected, or otherwise disposed of.
The term also includes the account arising when the right to payment
is earned under a contract right. Money, checks, and the like are
cash "proceeds". All other proceeds are "noncash proceeds".
33. "Sailboard" means a windsurfing vessel with a mount for a
sail, a daggerboard, and a small skeg.
34. "Sailboat" means any watercraft operated with a sail.
35. "Security interest" means an interest which is reserved
or created by an agreement which secures payment or performance of an
obligation and is valid against third parties generally.
36. "Serious injury" means a bodily injury which creates a
substantial risk of death, or which causes serious permanent
disfigurement, or which causes protracted loss or impairment of the
function of any bodily organ or major bodily member, or which causes
the loss of any bodily member.
37. "State of principal use" means the state on whose waters
a vessel is used or to be used most during a calendar year.
38. "Undocumented vessel" means any vessel which is not
required to have, and does not have, a valid marine document issued
by the bureau of customs or a foreign government.
39. "Use" means to operate, navigate, or employ a vessel. A
vessel is in use whenever it is upon the water.
40. "Vessel" means every description of watercraft, other
than a seaplane, used or capable of being used as a means of
transportation on water or ice. Ice boats are watercraft.
41. "Vessel for hire or commercial vessel" means a vessel for
the use of which a fee of any nature is imposed, including vessels
furnished as a part of lodge, hotel, or resort services.
42. "Wake" means any movement of water created by a vessel
which adversely affects the activities of another person who is
involved in activities approved for that area or which may adversely
affect the natural features of the shoreline.
43. "Watercraft" means any vessel which through the buoyance
force of water floats upon the water and is capable of carrying one
or more persons.
44. "Waters of this state under the jurisdiction of the
commission" means any navigable waters within the territorial
limits of this state, and the marginal river areas adjacent to this
state, exempting only farm ponds and privately owned lakes.
45. "Writing fee" means the amount paid by the boat owner to
the county recorder for handling the transaction. Section History: Early Form
[C97, § 2511; C24, 27, 31, § 1691; C35, § 1703-e1; C39, §
1703.01, 1703.09, 1703.10; C46, 50, 54, 58, § 106.1, 106.9,
106.10; C62, 66, 71, 73, 75, 77, 79, 81, § 106.2; 82 Acts, ch 1028, §
2, 3] Section History: Recent Form
86 Acts, ch 1245, § 1823--1826; 87 Acts, ch 134, § 1, 2; 88 Acts,
ch 1008, § 1; 88 Acts, ch 1134, § 24; 92 Acts, ch 1131, §1
C93, § 462A.2
2000 Acts, ch 1099, §1; 2002 Acts, ch 1133, §1; 2005 Acts, ch 35,
§31; 2007 Acts, ch 28, §2; 2008 Acts, ch 1031, §53
Referred to in §358.26, 459.310, 713.6A, 713.6B
462A.3 POWERS AND DUTIES OF COMMISSION.
The commission is hereby vested with the power and is charged with
the duty of observing, administering and enforcing the provisions of
this chapter.
The commission may adopt and enforce rules under chapter 17A as
necessary to carry out this chapter and to protect private and public
property and the health, safety, and welfare of the public. In
adopting rules, the commission shall give consideration to the
various uses to which they may be put by and for public and private
purposes, the preservation of each body of water, its bed, waters,
ice, banks, and public and private property attached thereto, and the
need for uniformity of rules relating to the use, operation, and
equipment of vessels and vehicles. Section History: Early Form
[C97, § 2511, 2512; S13, § 2512; C24, 27, 31, § 1691, 1692, 1694;
C35, § 1703-e1--1703-e3; C39, § 1703.01--1703.03, 1703.26; C46,
50, 54, 58, § 106.1--106.3, 106.26; C62, 66, 71, 73, 75, 77, 79, 81,
§ 106.3; 82 Acts, ch 1028, § 4] Section History: Recent Form
86 Acts, ch 1245, § 1826
C93, § 462A.3
Referred to in § 462A.26
462A.4 OPERATION OF UNNUMBERED VESSELS PROHIBITED.
Every vessel except as provided in sections 462A.6 and 462A.6A on
the waters of this state under the jurisdiction of the commission
shall be numbered. A person shall not operate, maintain or give
permission for the operation or maintenance of any vessel on such
waters unless the vessel is numbered in accordance with this chapter
or in accordance with applicable federal laws or in accordance with a
federally approved numbering system of another state and unless the
certificate of number awarded to the vessel is in full force and
effect. Section History: Early Form
[C97, § 2512; S13, § 2512; C24, 27, 31, § 1692; C35, § 1703-e2,
1703-e7; C39, § 1703.02, 1703.07; C46, 50, 54, 58, § 106.2,
106.7; C62, 66, 71, 73, 75, 77, 79, 81, § 106.4; 82 Acts, ch 1028, §
5] Section History: Recent Form
86 Acts, ch 1245, § 1826; 88 Acts, ch 1183, § 1
C93, § 462A.4
Referred to in § 462A.77, 805.8B(1b)
For applicable scheduled fines, see §805.8B, subsection 1,
paragraph b
462A.5 REGISTRATION AND IDENTIFICATION NUMBER.
1. The owner of each vessel required to be numbered by this state
shall register it every three years with the commission through the
county recorder of the county in which the owner resides, or, if the
owner is a nonresident, the owner shall register it in the county in
which such vessel is principally used. The commission shall develop
and maintain an electronic system for the registration of vessels
pursuant to this chapter. The commission shall establish forms and
procedures as necessary for the registration of all vessels.
The owner of the vessel shall file an application for registration
with the appropriate county recorder on forms provided by the
commission. The application shall be completed and signed by the
owner of the vessel and shall be accompanied by the appropriate fee,
and the writing fee specified in section 462A.53. Upon applying for
registration, the owner shall display a bill of sale, receipt, or
other satisfactory proof of ownership as provided by the rules of the
commission to the county recorder. If the county recorder is not
satisfied as to the ownership of the vessel or that there are no
undisclosed security interests in the vessel, the county recorder may
register the vessel but shall, as a condition of issuing a
registration certificate, require the applicant to follow the
procedure provided in section 462A.5A. Upon receipt of the
application in approved form accompanied by the required fees, the
county recorder shall enter it upon the records of the recorder's
office and shall issue to the applicant a pocket-size registration
certificate. The certificate shall be executed in triplicate, one
copy to be delivered to the owner, one copy to the commission, and
one copy to be retained on file by the county recorder. The
registration certificate shall bear the number awarded to the vessel,
the passenger capacity of the vessel, and the name and address of the
owner. In the use of all vessels except nonpowered sailboats,
nonpowered canoes, and commercial vessels, the registration
certificate shall be carried either in the vessel or on the person of
the operator of the vessel when in use. In the use of nonpowered
sailboats, nonpowered canoes, or commercial vessels, the registration
certificate may be kept on shore in accordance with rules adopted by
the commission. The operator shall exhibit the certificate to a
peace officer upon request or, when involved in an occurrence of any
nature with another vessel or other personal property, to the owner
or operator of the other vessel or personal property.
A vessel that has an expired registration certificate from another
state may be registered in this state upon proper application,
payment of all applicable registration and writing fees, and payment
of a penalty of five dollars.
On all vessels except nonpowered sailboats the owner shall cause
the identification number to be painted on or attached to each side
of the bow of the vessel in such size and manner as may be prescribed
by the rules of the commission. On nonpowered boats the number may
be placed at alternate locations as prescribed by the rules of the
commission. All numbers shall be maintained in a legible condition
at all times.
No number, other than the number awarded to a vessel under the
provisions of this chapter or granted reciprocity pursuant to this
chapter, shall be painted, attached or otherwise displayed on either
side of the bow of such vessel.
The owner of each vessel must display and maintain, in a legible
manner and in a prominent spot on the exterior of such vessel, other
than the bow, the passenger capacity of the vessel which must conform
with the passenger capacity designated on the registration
certificate.
2. When an agency of the United States government shall have in
force an overall system of identification numbering for vessels, the
numbering system prescribed by the commission pursuant to this
chapter, shall be in conformity therewith.
3. The registration fees for vessels subject to this chapter are
as follows:
a. For vessels of any length without motor or sail, twelve
dollars.
b. For motorboats or sailboats less than sixteen feet in
length, twenty-two dollars and fifty cents.
c. For motorboats or sailboats sixteen feet or more, but less
than twenty-six feet in length, thirty-six dollars.
d. For motorboats or sailboats twenty-six feet or more, but
less than forty feet in length, seventy-five dollars.
e. For motorboats or sailboats forty feet in length or more,
one hundred fifty dollars.
f. For all personal watercraft, forty-five dollars.
Every registration certificate and number issued becomes
delinquent at midnight April 30 of the last calendar year of the
registration period unless terminated or discontinued in accordance
with this chapter. After January 1, 2007, an unregistered vessel and
a renewal of registration may be registered for the three-year
registration period beginning May 1 of that year. When unregistered
vessels are registered after May 1 of the second year of the
three-year registration period, such unregistered vessels may be
registered for the remainder of the current registration period at
two-thirds of the appropriate registration fee. When unregistered
vessels are registered after May 1 of the third year of the
three-year registration period, such unregistered vessels may be
registered for the remainder of the current registration period at
one-third of the appropriate registration fee.
If a timely application for renewal is made, the applicant shall
receive the same registration number allocated to the applicant for
the previous registration period. If the application for
registration for the three-year registration period is not made
before May 1 of the last calendar year of the registration period,
the applicant shall be charged a penalty of five dollars.
4. If a person, after registering a vessel, moves from the
address shown on the registration certificate, the person shall,
within ten days, notify the county recorder in writing of the old and
new address. If appropriate, the county recorder shall forward all
past records of the vessel to the recorder of the county in which the
owner resides.
If the name of a person, who has registered a vessel, is changed,
the person shall, within ten days, notify the county recorder of the
former and new name.
No fee shall be paid to the county recorder for making the changes
mentioned in this subsection, unless the owner requests a new
registration certificate showing the change, in which case a fee of
one dollar plus a writing fee shall be paid to the recorder.
If a registration certificate is lost, mutilated or becomes
illegible, the owner shall immediately make application for and
obtain a duplicate registration certificate by furnishing information
satisfactory to the county recorder.
A fee of one dollar plus a writing fee shall be paid to the county
recorder for a duplicate registration certificate.
If a vessel, registered under this chapter, is destroyed or
abandoned, the destruction or abandonment shall be reported to the
county recorder and the registration certificate shall be forwarded
to the office of the county recorder within ten days after the
destruction or abandonment.
5. All records of the commission and the county recorder, other
than those declared by law to be confidential for the use of the
commission and the county recorder, shall be open to public
inspection during office hours.
6. The owner of each vessel which has a valid marine document
issued by the bureau of customs of the United States government or
any federal agency successor thereto shall register it every three
years with the county recorder in the same manner prescribed for
undocumented vessels and shall cause the registration validation
decal to be placed on the vessel in the manner prescribed by the
rules of the commission. When the vessel bears the identification
required in the documentation, it is exempt from the placement of the
identification numbers as required on undocumented vessels. The fee
for such registration is twenty-five dollars plus a writing fee.
7. If the owner of a currently registered vessel places the
vessel in storage, the owner shall return the registration
certificate to the county recorder with an affidavit stating that the
vessel is placed in storage and the effective date of the storage.
The county recorder shall notify the commission of each registered
vessel placed in storage. When the owner of a stored vessel desires
to renew the vessel's registration, the owner shall apply to the
county recorder and pay the registration fees plus a writing fee as
provided in subsections 1 and 3 without penalty. No refund of
registration fees shall be allowed for a stored vessel.
8. The registration certificate shall indicate if the vessel is
subject to the requirement of a certificate of title and the county
from which the certificate of title is issued. Section History: Early Form
[C97, § 2512; S13, § 2512; C24, 27, 31, § 1694; C35, § 1703-e3,
1703-e7; C39, § 1703.03, 1703.07, 1703.08; C46, 50, 54, 58, §
106.3, 106.7, 106.8; C62, 66, 71, 73, 75, 77, 79, 81, § 106.5; 82
Acts, ch 1028, § 6--9] Section History: Recent Form
84 Acts, ch 1082, § 1, 2; 85 Acts, ch 110, § 1; 87 Acts, ch 134, §
3; 92 Acts, ch 1101, § 1
C93, § 462A.5
2000 Acts, ch 1019, §2; 2002 Acts, ch 1113, §9; 2005 Acts, ch 137,
§4--7; 2007 Acts, ch 28, §3, 4
Referred to in § 331.602, 331.605, 462A.5A, 462A.6A, 805.8B(1a)
For applicable scheduled fines, see §805.8B, subsection 1,
paragraph a
462A.5A FILING BOND AS ASSURANCE OF OWNERSHIP.
An applicant for registration of a vessel for which the county
recorder is not satisfied as to the ownership of the vessel as
provided in section 462A.5, subsection 1, shall file with the
department a bond in the form prescribed by the department and
executed by the applicant, and also executed by a person authorized
to conduct a surety business in this state. The form and amount of
the bond shall be established by rule of the department. The bond
shall be conditioned to indemnify any prior owner and secured party
and any subsequent purchaser of the vessel or person acquiring any
security interest in the vessel, and their respective successors in
interest, against any expense, loss, or damage, including reasonable
attorney fees, by reason of the issuance of the registration
certificate of the vessel or on account of any defect in or
undisclosed security interest upon the right, title, and interest of
the applicant in and to the vessel. Any such interested person has a
right of action to recover on the bond for any breach of its
conditions, but the aggregate liability of the surety to all persons
shall not exceed the amount of the bond. The bond shall be returned
at the end of three years or prior thereto if the vessel is no longer
registered in this state and the registration certificate is
surrendered to the department, unless the department has been
notified of the pendency of an action to recover on the bond. Section History: Recent Form
2002 Acts, ch 1113, §10
Referred to in § 462A.5
462A.6 EXEMPTION FROM REGISTRATION PROVISIONS OF THIS
CHAPTER.
A vessel shall not be required to be registered if it is:
1. Covered by a number in full force and effect which has been
awarded to it pursuant to a federally approved numbering system of
another state if such vessel shall not have been within this state
for a period in excess of sixty days within one calendar year.
2. Foreign vessels temporarily using the navigable waters of the
United States and of this state.
3. A public vessel of the United States, a state or subdivision
thereof which is used for enforcement, search and rescue or official
research and studies, but not including vessels used for recreation
or commercial purposes.
4. A ship's lifeboat.
5. A type of vessel which has been exempted from registration by
the commission after said commission has found that the registration
or numbering of such vessel will not materially aid in their
identification and such vessel would be exempt from numbering if it
were subject to federal law.
6. An air mattress, inner tube, or other toy or beach type item
which is being used in a recognized swimming area. In the case of a
natural lake or reservoir these beach or swimming areas may be less,
but in no case shall exceed three hundred feet from shore.
7. The following nonpower or nonsail vessels:
a. Inflatable vessels, seven feet or less in length.
b. Conventional design canoes and kayak type vessels,
thirteen feet or less in length. Section History: Early Form
[C39, § 1703.16, 1703.22; C46, 50, 54, 58, § 106.16, 106.22;
C62, 66, 71, 73, 75, 77, 79, 81, § 106.6] Section History: Recent Form
C93, § 462A.6
Referred to in § 462A.4
462A.6A EXEMPTION FROM DISPLAY OF REGISTRATION AND
CAPACITY NUMBERS.
The following vessels are exempt from displaying a registration
number and a passenger capacity number as required in section 462A.5:
1. Authentically constructed native American styled craft
including birchbark canoes, dugout canoes, competitive racing shells,
reed boats, and skin-covered canoes or boats.
2. Historically styled craft such as keel boats used only during
historic recreations or public demonstrations.
3. A vessel which has a valid marine document issued by the
United States coast guard and the vessel bears the identification
required in the document.
4. A sailboard. However, the registration decal shall be
attached to the bottom surface of the bow. Section History: Recent Form
88 Acts, ch 1183, §2
C89, § 106.6A
92 Acts, ch 1131, § 2
C93, § 462A.6A
Referred to in § 462A.4
462A.7 OCCURRENCES INVOLVING VESSELS.
1. The operator of a vessel involved in an occurrence that
results in personal property damage or the injury or death of a
person, shall, so far as possible without serious danger to the
operator's own vessel, crew, or passengers, render to other persons
affected by the occurrence such assistance as may be practicable and
necessary to save them from or minimize any danger caused by the
occurrence. The operator shall also give the operator's name,
address, and identification of the operator's vessel in writing to
any person injured and to the owner of any property damaged in the
occurrence.
2. Whenever any vessel is involved in an occurrence that results
in personal property damage or the injury or death of a person,
except one which results only in property damage not exceeding two
thousand dollars, a report of the occurrence shall be filed with the
commission. The report shall be filed by the operator of the vessel
and shall contain such information as the commission may, by rule,
require. The report shall be submitted within forty-eight hours of
the occurrence in cases that result in death, disappearance, or
personal injuries requiring medical treatment by a licensed health
care provider, and within five days of the occurrence in all other
cases.
3. Every law enforcement officer who, in the regular course of
duty, investigates an occurrence which is required to be reported by
this section, shall, after completing such investigation, forward a
report of such occurrence to the commission.
4. a. All reports shall be in writing. A vessel operator's
report shall be without prejudice to the person making the report and
shall be for the confidential use of the department. However, upon
request the department shall disclose the identities of the persons
on board the vessels involved in the occurrence and their addresses.
Upon request of a person who made and filed a vessel operator's
report, the department shall provide a copy of the vessel operator's
report to the requester. A written vessel operator's report filed
with the department shall not be admissible in or used in evidence in
any civil or criminal action arising out of the facts on which the
report is based.
b. All written reports filed by law enforcement officers as
required under subsection 3 are confidential to the extent provided
in section 22.7, subsection 5, and section 622.11. However, a
completed law enforcement officer's report shall be made available by
the department or the investigating law enforcement agency to any
party to an occurrence involving a vessel, the party's insurance
company or its agent, or the party's attorney on written request and
payment of a fee.
5. Failure of the operator of any vessel involved in an
occurrence to offer assistance and aid to other persons affected by
such occurrence, as set forth in this chapter, or to otherwise comply
with the requirements of subsection 1, is punishable as follows:
a. In the event of an occurrence resulting only in property
damage, the operator is guilty upon conviction of a simple
misdemeanor.
b. In the event of an occurrence resulting in an injury to a
person, the operator is guilty upon conviction of a serious
misdemeanor.
c. In the event of an occurrence resulting in a serious
injury to a person, the operator is guilty upon conviction of an
aggravated misdemeanor.
d. In the event of an occurrence resulting in the death of a
person, the operator is guilty upon conviction of a class "D" felony.
Section History: Early Form
[C39, § 1703.21, 1703.23; C46, 50, 54, 58, § 106.21, 106.23;
C62, 66, 71, 73, 75, 77, 79, 81, § 106.7; 82 Acts, ch 1028, § 10] Section History: Recent Form
C93, § 462A.7
97 Acts, ch 55, § 1--3; 2006 Acts, ch 1124, §1; 2007 Acts, ch 28,
§5
Referred to in § 915.80
462A.8 TRANSMITTAL OF INFORMATION.
When any request is duly made by an authorized official or agency
of the United States, any information compiled or otherwise available
to the commission under this chapter, such information shall be
transmitted to said official or agency. Section History: Early Form
[C62, 66, 71, 73, 75, 77, 79, 81, § 106.8] Section History: Recent Form
C93, § 462A.8
462A.9 CLASSIFICATION AND REQUIRED EQUIPMENT.
1. Vessels subject to the provisions of this chapter shall be
divided into four classes as follows:
Class I. Less than sixteen feet in length.
Class II. Sixteen feet or over and less than twenty-six feet in
length.
Class III. Twenty-six feet or over and less than forty feet in
length.
Class IV. Forty feet or over.
2. Every vessel, in all weathers, from sunset to sunrise, shall
carry and exhibit the following lights when underway, and during that
time shall exhibit no other lights which may be mistaken for those
required except that the international lighting system as approved by
the United States coast guard will be accepted for use on motorboats
on the waters of this state.
a. Every motorboat of classes I and II shall carry the
following lights:
(1) A bright white light aft to show all around the horizon.
(2) A combined lantern in the fore part of the vessel and lower
than the white light aft, showing green to starboard and red to port,
so fixed as to throw the light from right ahead to two points abaft
the beam on their respective sides.
b. Every motorboat of classes III and IV shall carry the
following lights:
(1) A bright white light in the fore part of the vessel as near
the bow as practicable, so constructed as to show an unbroken light
over an arc of the horizon of twenty points of the compass, so fixed
as to throw the light ten points on each side of the vessel; namely,
from right ahead to two points abaft the beam on either side.
(2) A bright white light aft to show all around the horizon and
higher than the white light forward.
(3) A green light on the starboard side so constructed as to show
an unbroken light over an arc of the horizon of ten points of the
compass, so fixed as to throw the light from right ahead to two
points abaft the beam on the starboard side. A red light on the port
side, so constructed as to show an unbroken light over an arc of the
horizon of ten points of the compass so fixed as to throw the light
from right ahead to two points abaft the beam on the port side. The
said side lights shall be fitted with inboard screens of sufficient
height so set as to prevent these lights from being seen across the
bow.
c. Vessels of classes I and II, when propelled by sail alone,
shall carry the combined lantern, but not the white light aft
prescribed by this section. Vessels of classes III and IV when so
propelled, shall carry the colored side lights, suitably screened,
but not the white lights required by this section.
d. Every white light required by this section shall be of
such character as to be visible at a distance of at least two miles.
Every colored light required by this section shall be of such
character as to be visible at a distance of at least one mile. The
term "visible" in this section, when applied to lights, shall
mean visible on a dark night with clear atmosphere.
e. When propelled by sail and machinery, such motorboat shall
carry the lights required by this section for a motorboat propelled
by machinery only.
3. Every vessel shall carry and exhibit such other lights
required by the rules and regulations of the commission.
4. Every motorboat of class II, III or IV shall be provided with
an efficient whistle or other sound producing appliance.
5. Every motorboat of class III or IV shall be provided with an
efficient bell.
6. Every vessel shall carry at least one life preserver, life
belt, ring buoy or other device, of the sort prescribed by the rules
of the commission, for each passenger, so placed as to be readily
accessible. This does not apply to a vessel which is a racing shell
used in the sport of sculling or to a sailboard while used for
windsurfing.
7. Every motorboat shall be provided with such number, size and
type of fire extinguishers capable of promptly and effectually
extinguishing burning gasoline, as may be prescribed by the
regulations of the commission. Such fire extinguishers shall, at all
times, be kept in condition for immediate and effective use and shall
be so placed as to be readily accessible. Vessels powered by
outboard motors of ten horsepower or less, need not carry the
extinguishers as provided herein.
8. The provisions of subsections 4, 5 and 7 of this section shall
not apply to motorboats while competing in any race conducted
pursuant to section 462A.16 or, if such boats are designed and used
solely for racing, while engaged in such navigation as is incidental
to the tuning up of the boats and engines for the race.
The operator of a motorboat, while engaged in such race, must wear
a crash helmet and life preserver.
9. Every motorboat shall have the carburetor or carburetors of
every engine therein, except outboard motors, using a liquid of a
volatile nature as fuel, equipped with such efficient flame arrestor,
backfire trap or other similar device as may be prescribed by the
rules and regulations of the commission.
10. Every motorboat, except open boats, using any liquid of a
volatile nature as fuel, shall be provided with the means prescribed
by the rules of the commission for properly and efficiently
ventilating the bilges of the engines and fuel tank compartments so
as to remove any explosive or flammable gases.
11. The commission is hereby authorized to make rules and
regulations modifying the equipment requirements contained in this
section to the extent necessary for the safety of operators and
passengers.
12. The commission is hereby authorized to establish such pilot
rules as may be necessary for the safe operation of vessels on the
waters of this state under the jurisdiction of the commission.
13. An owner of a personal watercraft equipped with a cut-off
switch shall maintain the cut-off switch and the accompanying cut-off
switch lanyard in an operable, fully functional condition.
14. No person shall operate or give permission for the operation
of a vessel which is not equipped as required by this section or
modification thereof. Section History: Early Form
[S13, § 2514-a; C24, 27, 31, § 1697; C39, § 1703.10--1703.13;
C46, 50, 54, 58, § 106.10--106.13; C62, 66, 71, 73, 75, 77, 79, 81, §
106.9; 82 Acts, ch 1028, § 11--13] Section History: Recent Form
92 Acts, ch 1131, § 3; 92 Acts, ch 1163, § 26
C93, § 462A.9
2007 Acts, ch 28, §6
Referred to in § 805.8B(1a, 1b)
For applicable scheduled fines, see §805.8B, subsection 1,
paragraphs a and b
462A.10 BOAT LIVERIES.
1. The owner of a boat livery shall cause to be kept a record of
the name and address of the person or persons hiring any vessel which
is designed or permitted by the owner to be operated for hire, the
identification number thereof, the departure date and time and the
expected time of return. The records shall be preserved for six
months.
2. The owner of a boat livery shall not permit any of the owner's
vessels, operated for hire, to depart from the owner's premises
unless it shall have been provided, either by the owner or renter,
with the equipment required by the commission. Section History: Early Form
[C97, § 2512; S13, § 2512; C24, 27, 31, § 1692; C35, § 1703-e2;
C39, § 1703.02, 1703.11, 1703.24; C46, 50, 54, 58, § 106.2,
106.11, 106.24; C62, 66, 71, 73, 75, 77, 79, 81, § 106.10] Section History: Recent Form
C93, § 462A.10
Referred to in § 805.8B(1b)
For applicable scheduled fines, see §805.8B, subsection 1,
paragraph b
462A.11 MUFFLING DEVICES.
The exhaust of every internal combustion engine used on any
motorboat shall be effectively muffled by equipment so constructed
and used as to muffle the total vessel noise in a reasonable manner
in accordance with rules adopted by the commission. The use of
cut-outs is prohibited, except for motorboats competing in a regatta
or boat race approved as provided in section 462A.16 and for such
motorboats while on trial run during a period from 8:00 a.m. to 6:00
p.m. not to exceed twenty-four hours immediately preceding such
regatta or race. Section History: Early Form
[C39, § 1703.11, 1703.17; C46, 50, 54, 58, § 106.11, 106.17;
C62, 66, 71, 73, 75, 77, 79, 81, § 106.11; 82 Acts, ch 1028, § 14] Section History: Recent Form
C93, § 462A.11
Referred to in § 805.8B(1b)
For applicable scheduled fines, see §805.8B, subsection 1,
paragraph b
462A.12 PROHIBITED OPERATION.
1. No person shall operate any vessel, or manipulate any water
skis, surfboard or similar device in a careless, reckless or
negligent manner so as to endanger the life, limb or property of any
person.
2. A person shall not operate any vessel, or manipulate any water
skis, surfboard or similar device while under the influence of an
alcoholic beverage, marijuana, a narcotic, hypnotic or other drug, or
any combination of these substances. However, this subsection does
not apply to a person operating any vessel or manipulating any water
skis, surfboard or similar device while under the influence of
marijuana, or a narcotic, hypnotic or other drug if the substances
were prescribed for the person and have been taken under the
prescription and in accordance with the directions of a medical
practitioner as defined in chapter 155A, provided there is no
evidence of the consumption of alcohol and further provided the
medical practitioner has not directed the person to refrain from
operating a motor vehicle, any vessel or from manipulating any water
skis, surfboard or similar device.
3. No person shall place, cause to be placed, throw or deposit
onto or in any of the public waters, ice or land of this state any
cans, bottles, garbage, rubbish, and other debris.
4. No person shall operate on the waters of this state under the
jurisdiction of the conservation commission any vessel displaying or
reflecting a blue light or flashing blue light unless such vessel is
an authorized emergency vessel.
5. No person shall operate a vessel and enter into areas in which
search and rescue operations are being conducted or an area affected
by a natural disaster unless authorized by the officer in charge of
the search and rescue or disaster operation. Any person authorized
in an area of operation shall operate the person's vessel at a no
wake speed and shall keep clear of all other vessels engaged in the
search and rescue or disaster operation. A person who must operate a
vessel in a disaster area to gain access or egress from the person's
home shall be considered an authorized person by the officer in
charge.
6. An owner or operator of a vessel propelled by a motor of more
than ten horsepower shall not permit any person under twelve years of
age to operate the vessel unless accompanied in or on the same vessel
by a responsible person of at least eighteen years of age who is
experienced in motorboat operation. A person who is twelve years of
age or older but less than eighteen years of age shall not operate
any vessel propelled by a motor of more than ten horsepower unless
the person has successfully completed a department-approved
watercraft safety course and obtained a watercraft safety certificate
or is accompanied in or on the same vessel by a responsible person of
at least eighteen years of age who is experienced in motorboat
operation. A person required to have a watercraft safety certificate
shall carry and shall exhibit or make available the certificate upon
request of an officer of the department. A violation of this
subsection is a simple misdemeanor as provided in section 462A.13.
However, a person charged with violating this subsection shall not be
convicted if the person produces in court, within a reasonable time,
a department-approved certificate. The cost of a department
certificate, or any duplicate, shall not exceed five dollars.
7. A person shall not operate watercraft in a manner which
unreasonably or unnecessarily interferes with other watercraft or
with the free and proper navigation of the waters of the state.
Anchoring under bridges, in a heavily traveled channel, in a lock
chamber, or near the entrance of a lock constitutes such interference
if unreasonable under the prevailing circumstances.
8. A person shall not operate a vessel in violation of
restrictions as given by state-approved buoys or signs marking an
area.
9. A person shall not operate on the waters of this state under
the jurisdiction of the commission a vessel equipped with an engine
of greater horsepower rating than is designated for the vessel by the
federally required capacity plate or by the manufacturer's plate on
those vessels not covered by federal regulations.
10. A person shall not leave an unattended vessel tied or moored
to a dock which is placed immediately adjacent to a public boat
launching ramp or to a dock which is posted for loading and
unloading.
11. A person shall not operate a vessel within fifty feet of a
diver's flag placed in accordance with the rules of the commission
adopted under chapter 17A.
12. A person shall not operate a personal watercraft at any time
between sundown and sunup.
13. A person shall not chase or harass animals while operating a
personal watercraft or motorboat.
14. A person shall not operate a personal watercraft that is
equipped with a cut-off switch, at any time, without first attaching
the accompanying cut-off switch lanyard to the operator's person
while the engine is running and the personal watercraft is in use.
15. A person shall not operate a vessel on the waters of this
state under the jurisdiction of the commission unless every person on
board the vessel who is under thirteen years of age is wearing a type
I, II, III, or V personal flotation device, including "float coats"
that meet this definition, that is approved by the United States
coast guard, while the vessel is under way. This subsection does not
apply when the person under thirteen years of age is in an enclosed
cabin or below deck, or is a passenger on a commercial vessel with a
passenger capacity of twenty-five persons or more. Section History: Early Form
[C39, § 1703.17, 1703.21; C46, 50, 54, 58, § 106.17, 106.21,
106.28; C62, 66, 71, 73, 75, 77, 79, 81, § 106.12; 82 Acts, ch 1028,
§ 15, 16] Section History: Recent Form
86 Acts, ch 1143, § 1; 87 Acts, ch 215, § 38
C93, § 462A.12
2002 Acts, ch 1133, §2, 3; 2003 Acts, ch 44, §77; 2005 Acts, ch
137, §8; 2007 Acts, ch 28, §7; 2008 Acts, ch 1161, §11--13
Referred to in § 462A.14A, 805.8B(1c), 915.80
For applicable scheduled fines, see §805.8B, subsection 1,
paragraph c Footnotes
During the twelve-month period commencing May 10, 2008, peace
officers shall issue only warning citations for violations of
subsection 15; 2008 Acts, ch 1161, § 12, 13
462A.13 PENALTY.
Any person violating any of the provisions of this chapter, or any
of the rules adopted under this chapter, for which another penalty is
not otherwise specifically provided, is guilty of a simple
misdemeanor.
Chapter 232 shall have no application in the prosecution of
offenses committed in violation of this chapter or rules and
regulations which are adopted under the authority of this chapter
which constitute simple misdemeanors. Section History: Early Form
[C97, § 2313, 2315; S13, § 2313, 2315; C24, 27, 31, § 1695; C35, §
1703-e5, 1703-e6; C39, § 1703.05, 1703.06; C46, 50, 54, 58, §
106.5, 106.6; C62, 66, 71, 73, 75, 77, 79, 81, § 106.13; 82 Acts, ch
1028, § 17] Section History: Recent Form
C93, § 462A.13
Referred to in § 462A.12
462A.14 OPERATING A MOTORBOAT OR SAILBOAT WHILE
INTOXICATED.
1. A person commits the offense of operating a motorboat or
sailboat while intoxicated if the person operates a motorboat or
sailboat on the navigable waters of this state in any of the
following conditions:
a. While under the influence of an alcoholic beverage or
other drug or a combination of such substances.
b. While having an alcohol concentration of .10 or more.
c. While any amount of a controlled substance is present in
the person, as measured in the person's blood or urine.
2. A person who violates subsection 1 commits:
a. A serious misdemeanor for the first offense, punishable by
all of the following:
(1) Imprisonment in the county jail for not less than forty-eight
hours, to be served as ordered by the court, less credit for any time
the person was confined in a jail or detention facility following
arrest. However, the court, in ordering service of the sentence and
in its discretion, may accommodate the defendant's work schedule.
(2) Assessment of a fine of one thousand dollars. However, in
the discretion of the court, if no personal or property injury has
resulted from the defendant's actions, up to five hundred dollars of
the fine may be waived. As an alternative to a portion or all of the
fine, the court may order the person to perform unpaid community
service.
(3) Prohibition of operation of a motorboat or sailboat for one
year, pursuant to court order.
(4) Assignment to substance abuse evaluation and treatment,
pursuant to subsection 12, and a course for drinking drivers.
b. An aggravated misdemeanor for a second offense, punishable
by all of the following:
(1) Imprisonment in the county jail or community-based
correctional facility for not less than seven days.
(2) Assessment of a fine of not less than one thousand five
hundred dollars nor more than five thousand dollars.
(3) Prohibition of operation of a motorboat or sailboat for two
years, pursuant to court order.
(4) Assignment to substance abuse evaluation and treatment,
pursuant to subsections 12 and 13, and a course for drinking drivers.
c. A class "D" felony for a third offense and each subsequent
offense, punishable by all of the following:
(1) Imprisonment in the county jail for a determinate sentence of
not more than one year but not less than thirty days, or committed to
the custody of the director of the department of corrections. A
person convicted of a third or subsequent offense may be committed to
the custody of the director of the department of corrections, who
shall assign the person to a facility pursuant to section 904.513 or
the offender may be committed to treatment in the community under the
provisions of section 907.13.
(2) Assessment of a fine of not less than two thousand five
hundred dollars nor more than seven thousand five hundred dollars.
(3) Prohibition of operation of a motorboat or sailboat for six
years, pursuant to court order.
(4) Assignment to substance abuse evaluation and treatment,
pursuant to subsections 12 and 13, and a course for drinking drivers.
d. A class "D" felony for any offense under this section
resulting in serious injury to persons other than the defendant, if
the court determines that the person who committed the offense caused
the serious injury, and shall be imprisoned for a determinate
sentence of not more than five years but not less than thirty days,
or committed to the custody of the director of the department of
corrections, and assessed a fine of not less than two thousand five
hundred dollars nor more than seven thousand five hundred dollars. A
person convicted of a felony offense may be committed to the custody
of the director of the department of corrections, who shall assign
the person to a facility pursuant to section 904.513. The court
shall also order that the person not operate a motorboat or sailboat
for one year in addition to any other period of time the defendant
would have been ordered not to operate if no injury had occurred in
connection with the violation. The court shall also assign the
defendant to substance abuse evaluation and treatment pursuant to
subsections 12 and 13, and a course for drinking drivers.
e. A class "B" felony for any offense under this section
resulting in the death of persons other than the defendant, if the
court determines that the person who committed the offense caused the
death, and shall be imprisoned for a determinate sentence of not more
than twenty-five years, or committed to the custody of the director
of the department of corrections. A person convicted of a felony
offense may be committed to the custody of the director of the
department of corrections, who shall assign the person to a facility
pursuant to section 904.513. The court shall also order that the
person not operate a motorboat or sailboat for six years. The court
shall also assign the defendant to substance abuse evaluation and
treatment pursuant to subsections 12 and 13, and a course for
drinking drivers.
3. a. Notwithstanding the provisions of sections 901.5 and
907.3, the court shall not defer judgment or sentencing, or suspend
execution of any mandatory minimum sentence of incarceration
applicable to the defendant under subsection 2, and shall not suspend
execution of any other part of a sentence not involving incarceration
imposed pursuant to subsection 2, if any of the following apply:
(1) If the defendant's alcohol concentration established by the
results of an analysis of a specimen of the defendant's blood,
breath, or urine withdrawn in accordance with this chapter exceeds
.15, regardless of whether or not the alcohol concentration indicated
by the chemical test minus the established margin of error inherent
in the device or method used to conduct the test equals an alcohol
concentration of .15 or more.
(2) If the defendant has previously been convicted of a violation
of subsection 1 or a statute in another state substantially
corresponding to subsection 1.
(3) If the defendant has previously received a deferred judgment
or sentence for a violation of subsection 1 or for a violation of a
statute in another state substantially corresponding to subsection 1.
(4) If the defendant refused to consent to testing requested in
accordance with section 462A.14A.
(5) If the offense under this section results in bodily injury to
a person other than the defendant.
b. A minimum term of imprisonment in a county jail or
community-based correctional facility imposed on a person convicted
of a second or subsequent offense under subsection 2 shall be served
on consecutive days. However, if the sentencing court finds that
service of the full minimum term on consecutive days would work an
undue hardship on the person, or finds that sufficient jail space is
not available and is not reasonably expected to become available
within four months after sentencing to incarcerate the person serving
the minimum sentence on consecutive days, the court may order the
person to serve the minimum term in segments of at least forty-eight
hours and to perform a specified number of hours of unpaid community
service as deemed appropriate by the sentencing court.
4. In determining if a violation charged is a second or
subsequent offense for purposes of criminal sentencing or license or
privilege revocation under this section:
a. Any conviction under this section within the previous
twelve years shall be counted as a previous offense.
b. Deferred judgments entered pursuant to section 907.3 for
violations of this section shall be counted as previous offenses.
c. Convictions or the equivalent of deferred judgments for
violations in any other states under statutes substantially
corresponding to this section shall be counted as previous offenses.
The courts shall judicially notice the statutes of other states which
define offenses substantially equivalent to an offense defined in
this section and can therefore be considered corresponding statutes.
Each previous violation on which conviction or deferral of judgment
was entered prior to the date of the violation charged shall be
considered and counted as a separate previous offense.
5. A person shall not be convicted and sentenced for more than
one violation of this section for actions arising out of the same
event or occurrence, even if the event or occurrence involves more
than one of the conditions specified in subsection 1. However, a
person who refuses a test pursuant to section 462A.14B may be subject
to imposition of the penalties under that section in addition to the
penalties under this section if the person violates both sections,
even though the actions arise out of the same event or occurrence.
6. The clerk of the district court shall immediately certify to
the department a true copy of each order entered with respect to
deferral of judgment, deferral of sentence, or pronouncement of
judgment and sentence for a defendant under this section.
7. a. This section does not apply to a person operating a
motorboat or sailboat while under the influence of a drug if the
substance was prescribed for the person and was taken under the
prescription and in accordance with the directions of a medical
practitioner as defined in chapter 155A or if the substance was
dispensed by a pharmacist without a prescription pursuant to the
rules of the board of pharmacy, if there is no evidence of the
consumption of alcohol and the medical practitioner or pharmacist had
not directed the person to refrain from operating a motor vehicle, or
motorboat or sailboat.
b. When charged with a violation of subsection 1, paragraph
"c", a person may assert, as an affirmative defense, that the
controlled substance present in the person's blood or urine was
prescribed or dispensed for the person and was taken in accordance
with the directions of a practitioner and the labeling directions of
the pharmacy, as that person and place of business are defined in
section 155A.3.
8. In any prosecution under this section, evidence of the results
of analysis of a specimen of the defendant's blood, breath, or urine
is admissible upon proof of a proper foundation.
a. The alcohol concentration established by the results of an
analysis of a specimen of the defendant's blood, breath, or urine
withdrawn within two hours after the defendant was operating or in
physical control of a motorboat or sailboat is presumed to be the
alcohol concentration at the time of operating or being in physical
control of the motorboat or sailboat.
b. The presence of a controlled substance or other drug
established by the results of analysis of a specimen of the
defendant's blood or urine withdrawn within two hours after the
defendant was operating or in physical control of a motorboat or
sailboat is presumed to show the presence of such controlled
substance or other drug in the defendant at the time of operating or
being in physical control of the motorboat or sailboat.
c. The nationally accepted standards for determining
detectable levels of controlled substances in the division of
criminal investigation's initial laboratory screening test for
controlled substances adopted by the department of public safety
shall be utilized in prosecutions under this section.
9. a. In addition to any fine or penalty imposed under this
chapter, the court shall order a defendant convicted of or receiving
a deferred judgment for a violation of this section to make
restitution for damages resulting directly from the violation, to the
victim, pursuant to chapter 910. An amount paid pursuant to this
restitution order shall be credited toward any adverse judgment in a
subsequent civil proceeding arising from the same occurrence.
However, other than establishing a credit, a restitution proceeding
pursuant to this section shall not be given evidentiary or preclusive
effect in a subsequent civil proceeding arising from the same
occurrence.
b. The court may order restitution paid to any public agency
for the costs of the emergency response resulting from the actions
constituting a violation of this section, not exceeding five hundred
dollars per public agency for each such response. For the purposes
of this paragraph, "emergency response" means any incident
requiring response by fire fighting, law enforcement, ambulance,
medical, or other emergency services. A public agency seeking such
restitution shall consult with the county attorney regarding the
expenses incurred by the public agency, and the county attorney may
include the expenses in the statement of pecuniary damages pursuant
to section 910.3.
10. In any prosecution under this section, the results of a
chemical test shall not be used to prove a violation of subsection 1,
paragraph "b" or paragraph "c", if the alcohol, controlled
substance, or other drug concentration indicated by the chemical test
minus the established margin of error inherent in the device or
method used to conduct the chemical test does not equal or exceed the
level prohibited by subsection 1.
11. This section does not limit the introduction of any competent
evidence bearing on the question of whether a person was under the
influence of an alcoholic beverage or a controlled substance or other
drug, including the results of chemical tests of specimens of blood,
breath, or urine obtained more than two hours after the person was
operating a motorboat or sailboat.
12. a. All substance abuse evaluations required under this
section shall be completed at the defendant's expense.
b. In addition to assignment to substance abuse evaluation
and treatment under this section, the court shall order any defendant
convicted under this section to follow the recommendations proposed
in the substance abuse evaluation for appropriate substance abuse
treatment for the defendant. Court-ordered substance abuse treatment
is subject to the periodic reporting requirements of section 125.86.
c. If a defendant is committed by the court to a substance
abuse treatment facility, the administrator of the facility shall
report to the court when it is determined that the defendant has
received the maximum benefit of treatment at the facility and the
defendant shall be released from the facility. The time for which
the defendant is committed for treatment shall be credited against
the defendant's sentence.
d. The court may prescribe the length of time for the
evaluation and treatment or the court may request that the community
college or licensed substance abuse program conducting the course for
drinking drivers which the defendant is ordered to attend or the
treatment program to which the defendant is committed immediately
report to the court when the defendant has received maximum benefit
from the course for drinking drivers or treatment program or has
recovered from the defendant's addiction, dependency, or tendency to
chronically abuse alcohol or drugs.
e. Upon successfully completing a course for drinking drivers
or an ordered substance abuse treatment program, a court may place
the defendant on probation for six months and as a condition of
probation, the defendant shall attend a program providing
posttreatment services relating to substance abuse as approved by the
court.
f. A defendant committed under this section who does not
possess sufficient income or estate to make payment of the costs of
the treatment in whole or in part shall be considered a state patient
and the costs of treatment shall be paid as provided in section
125.44.
g. A defendant who fails to carry out the order of the court
shall be confined in the county jail for twenty days in addition to
any other imprisonment ordered by the court or may be ordered to
perform unpaid community service work, and shall be placed on
probation for one year with a violation of this probation punishable
as contempt of court.
h. In addition to any other condition of probation, the
defendant shall attend a program providing substance abuse prevention
services or posttreatment services related to substance abuse as
ordered by the court. The defendant shall report to the defendant's
probation officer as ordered concerning proof of attendance at the
treatment program or posttreatment program ordered by the court.
Failure to attend or complete the program shall be considered a
violation of probation and is punishable as contempt of court.
13. a. Upon a second or subsequent offense in violation of
section 462A.14, the court upon hearing may commit the defendant for
inpatient treatment of alcoholism or drug addiction or dependency to
any hospital, institution, or community correctional facility in this
state providing such treatment. The time for which the defendant is
committed for treatment shall be credited against the defendant's
sentence.
b. The court may prescribe the length of time for the
evaluation and treatment or the court may request that the hospital
to which the defendant is committed immediately report to the court
when the defendant has received maximum benefit from the program of
the hospital or institution or has recovered from the defendant's
addiction, dependency, or tendency to chronically abuse alcohol or
drugs.
c. A defendant committed under this section who does not
possess sufficient income or estate to make payment of the costs of
the treatment in whole or in part shall be considered a state patient
and the costs of treatment shall be paid as provided in section
125.44. Section History: Early Form
[C97, § 2513; S13, § 2513; C24, 27, 31, § 1695; C35, § 1703-e5;
C39, § 1703.05; C46, 50, 54, 58, § 106.5, 106.28; C62, 66, 71,
73, 75, 77, 79, 81, § 106.14; 82 Acts, ch 1028, § 18] Section History: Recent Form
C93, § 462A.14
2000 Acts, ch 1099, §2; 2000 Acts, ch 1232, §74; 2007 Acts, ch 10,
§176
Referred to in § 462A.14A, 462A.14B, 462A.14C, 462A.14D, 462A.14E,
462A.14F, 462A.34B, 811.1, 907.3, 915.80
462A.14A IMPLIED CONSENT TO TEST.
1. A person who operates a motorboat or sailboat on the navigable
waters in this state under circumstances which give reasonable
grounds to believe that the person has been operating a motorboat or
sailboat in violation of section 462A.14 is deemed to have given
consent to the withdrawal of specimens of the person's blood, breath,
or urine and to a chemical test or tests of the specimens for the
purpose of determining the alcohol concentration or presence of
controlled substances or other drugs, subject to this section.
2. a. If a peace officer has reasonable grounds to believe
that any of the following has occurred, the peace officer may request
that the motorboat or sailboat operator provide a sample of the
operator's breath for a preliminary screening test using a device
approved by the commissioner of public safety for that purpose:
(1) The motorboat or sailboat operator may be violating or has
violated section 462A.14.
(2) The motorboat or sailboat has been involved in an accident
resulting in injury or death.
(3) The motorboat or sailboat operator is or has been operating
carelessly or recklessly, in violation of section 462A.12.
b. The results of this preliminary screening test may be used
for the purpose of deciding whether an arrest should be made or
whether to request a chemical test authorized in this chapter, but
shall not be used in any court action except to prove that a chemical
test was properly requested of a person pursuant to this section.
3. The withdrawal of the body substances and the test or tests
shall be administered at the written request of a peace officer
having reasonable grounds to believe that the person was operating a
motorboat or sailboat in violation of section 462A.14, and if any of
the following conditions exist:
a. A peace officer has lawfully placed the person under
arrest for violation of section 462A.14.
b. The motorboat or sailboat has been involved in an
occurrence resulting in personal injury or death.
c. The person has refused to take a preliminary breath
screening test provided by this chapter.
d. The preliminary breath screening test was administered and
it indicated an alcohol concentration equal to or in excess of the
level prohibited by section 462A.14.
e. The preliminary breath screening test was administered and
it indicated an alcohol concentration of less than the level
prohibited under section 462A.14, and the peace officer has
reasonable grounds to believe that the person was under the influence
of a controlled substance, a drug other than alcohol or a combination
of alcohol and another drug.
4. a. The peace officer shall determine which of the three
substances, breath, blood, or urine, shall be tested.
b. If the peace officer fails to offer a test within two
hours after the preliminary screening test is administered or
refused, or the arrest is made, whichever occurs first, a test is not
required, and there shall be no suspension of motorboat or sailboat
operation privileges.
c. Refusal to submit to a chemical test of urine or breath is
deemed a refusal to submit, and the peace officer shall inform the
person that the person's refusal will result in the suspension of the
person's privilege to operate a motorboat or sailboat.
d. Refusal to submit to a chemical test of blood is not
deemed a refusal to submit, but in that case, the peace officer shall
then determine which one of the other two substances shall be tested
and shall offer the test.
e. Notwithstanding paragraphs "a" through "d", if the
peace officer has reasonable grounds to believe that the person was
under the influence of a drug other than alcohol, or a combination of
alcohol and another drug, a urine test may be required even after a
blood or breath test has been administered.
f. A person who is dead, unconscious, or otherwise in a
condition rendering the person incapable of consent or refusal is
deemed not to have withdrawn the consent provided by this section,
and the test may be given if a licensed physician certifies in
advance of the test that the person is dead, unconscious, or
otherwise in a condition rendering that person incapable of consent
or refusal.
g. A person who has been requested to submit to a chemical
test shall be advised by a peace officer of the following:
(1) A refusal to submit to the test is punishable by a mandatory
civil penalty of five hundred to two thousand dollars, and suspension
of motorboat or sailboat operating privileges for at least a year.
In addition, if the person is also convicted of operating a motorboat
or sailboat while intoxicated, the person shall be subject to
additional penalties.
(2) If the person submits to the test and the results indicate an
alcohol concentration equal to or in excess of the level prohibited
under section 462A.14 and the person is convicted, the person's
motorboat or sailboat operating privileges will be suspended for at
least one year and up to six years, depending upon how many previous
convictions the person has under this chapter, and whether or not the
person has caused serious injury or death, in addition to any
sentence and fine imposed for a violation of section 462A.14.
5. Refusal to submit to a test under this section does not
prohibit the withdrawal of a specimen for chemical testing if a
motorboat or sailboat has been involved in an accident resulting in
death or serious bodily injury, if the peace officer has reasonable
grounds to believe that the operator of the motorboat or sailboat was
violating section 462A.14 at the time of the accident, and the peace
officer has obtained, in compliance with chapter 808 or according to
the procedure in section 462A.14D, a search warrant permitting the
withdrawal of a specimen for chemical testing. The act of any person
knowingly resisting or obstructing the withdrawal of a specimen
pursuant to a search warrant issued under this section constitutes a
contempt punishable by a fine not exceeding one thousand dollars or
imprisonment in a county jail not exceeding one year or by both such
fine and imprisonment, and further constitutes a refusal to submit,
punishable under this section.
6. Only a licensed physician, licensed physician assistant as
defined in section 148C.1, medical technologist, or registered nurse,
acting at the request of a peace officer, may withdraw a specimen of
blood for the purpose of determining the alcohol concentration or the
presence of a controlled substance or other drugs. However, any
peace officer, using devices and methods approved by the commissioner
of public safety, may take a specimen of a person's breath or urine
for the purpose of determining the alcohol concentration or the
presence of drugs. Only new equipment kept under strictly sanitary
and sterile conditions shall be used for drawing blood. Medical
personnel who use reasonable care and accepted medical practices in
withdrawing blood specimens are immune from liability for their
actions in complying with requests made of them pursuant to this
section.
7. The person may have an independent chemical test or tests
administered at the person's own expense in addition to any
administered at the direction of a peace officer. The failure or
inability of the person to obtain an independent chemical test or
tests does not preclude the admission of evidence of the results of
the test or tests administered at the direction of the peace officer.
Upon the request of the person who is tested, the results of the test
or tests administered at the direction of the peace officer shall be
made available to the person.
8. In any prosecution under section 462A.14, evidence of the
results of analysis of a specimen of the defendant's blood, breath,
or urine is admissible upon proof of a proper foundation. The
alcohol concentration established by the results of an analysis of a
specimen of the defendant's blood, breath, or urine withdrawn within
two hours after the defendant was operating or was otherwise in
physical control of a motorboat or sailboat is presumed to be the
alcohol concentration at the time of operation or being in physical
control of the motorboat or sailboat. If a person refuses to submit
to a chemical test, proof of refusal is admissible in any civil or
criminal action or proceeding arising out of acts alleged to have
been committed while the person was operating a motorboat or sailboat
in violation of section 462A.14. This section does not limit the
introduction of any competent evidence bearing on the question of
whether a person was under the influence of an alcoholic beverage or
a controlled substance or other drug, including the results of
chemical tests of specimens of blood, breath, or urine obtained more
than two hours after the person was operating a motorboat or
sailboat. Section History: Recent Form
2000 Acts, ch 1099, §3; 2007 Acts, ch 28, §8
Referred to in § 462A.14, 462A.14B, 462A.14C, 462A.14D
462A.14B REFUSAL TO SUBMIT -- PENALTY.
1. If a person refuses to submit to the chemical testing, a test
shall not be given unless the procedure in section 462A.14D is
invoked. However, if the person refuses the test, the person shall
be punishable by the court according to this section.
2. The court, upon finding that the officer had reasonable ground
to believe the person to have been operating a motorboat or sailboat
in violation of section 462A.14, that specified conditions existed
for chemical testing pursuant to section 462A.14A, and that the
person refused to submit to the chemical testing, shall:
a. Order that the person shall not operate a motorboat or
sailboat for one year.
b. Impose a mandatory civil penalty as follows:
(1) For a first refusal under this section, five hundred dollars.
(2) For a second refusal under this section, one thousand
dollars.
(3) For a third or subsequent refusal under this section, two
thousand dollars.
3. If the person does not pay the civil penalty by the time the
one-year order not to operate expires, the court shall extend the
order not to operate a motorboat or sailboat for an additional year,
and may also impose penalties for contempt.
4. The court shall not defer judgment or sentencing, or suspend
execution of any order or fine applicable under this section.
5. The penalties imposed by this section shall apply in addition
to any penalties imposed under section 462A.14, except that the
one-year period under the order not to operate a motorboat or
sailboat under this section shall be imposed and run concurrently
with any period of time a defendant is ordered not to operate a
motorboat or sailboat under section 462A.14. Section History: Recent Form
2000 Acts, ch 1099, §4
Referred to in § 462A.14, 462A.14E, 915.80
462A.14C STATEMENT OF OFFICER.
1. A person who has been requested to submit to a chemical test
shall be advised by a peace officer of the following:
a. A refusal to submit to the test is punishable by a
mandatory civil penalty of five hundred to two thousand dollars, and
suspension of motorboat or sailboat operating privileges for at least
a year. In addition, if the person is also convicted of operating a
motorboat or sailboat while intoxicated, the person shall be subject
to additional penalties.
b. If the person submits to the test and the results indicate
the presence of a controlled substance or other drug, or an alcohol
concentration equal to or in excess of the level prohibited by
section 462A.14, the person's privilege to operate a motorboat or
sailboat will be prohibited for at least one year, and up to six
years.
2. This section does not apply in any case involving a person
described in section 462A.14A, subsection 4, paragraph "f".
3. If a person refuses to submit to a chemical test, proof of
refusal is admissible in any civil or criminal action or proceeding
arising out of acts alleged to have been committed while the person
was operating a motorboat or sailboat in violation of section
462A.14. Section History: Recent Form
2000 Acts, ch 1099, §5
462A.14D TESTS PURSUANT TO WARRANTS.
1. Refusal to consent to a test under section 462A.14A does not
prohibit the withdrawal of a specimen for chemical testing pursuant
to a search warrant issued in the investigation of a suspected
violation of section 462A.14 if all of the following grounds exist:
a. An accident has resulted in a death or personal injury
reasonably likely to cause death.
b. There are reasonable grounds to believe that one or more
of the persons whose operation of a motorboat or sailboat may have
been the proximate cause of the accident was violating section
462A.14 at the time of the accident.
2. Search warrants may be issued under this section in full
compliance with chapter 808 or search warrants may be issued under
subsection 3.
3. Notwithstanding section 808.3, the issuance of a search
warrant under this section may be based upon sworn oral testimony
communicated by telephone if the magistrate who is asked to issue the
warrant is satisfied that the circumstances make it reasonable to
dispense with a written affidavit. The following shall then apply:
a. When a caller applies for the issuance of a warrant under
this section and the magistrate becomes aware of the purpose of the
call, the magistrate shall place under oath the person applying for
the warrant.
b. The person applying for the warrant shall prepare a
duplicate warrant and read the duplicate warrant, verbatim, to the
magistrate who shall enter, verbatim, what is read to the magistrate
on a form that will be considered the original warrant. The
magistrate may direct that the warrant be modified.
c. The oral application testimony shall set forth facts and
information tending to establish the existence of the grounds for the
warrant and shall describe with a reasonable degree of specificity
the person or persons whose operation of a motorboat or sailboat is
believed to have been the proximate cause of the accident and from
whom a specimen is to be withdrawn and the location where the
withdrawal of the specimen or specimens is to take place.
d. If a voice recording device is available, the magistrate
may record by means of that device all of the call after the
magistrate becomes aware of the purpose of the call. Otherwise, the
magistrate shall cause a stenographic or longhand memorandum to be
made of the oral testimony of the person applying for the warrant.
e. If the magistrate is satisfied from the oral testimony
that the grounds for the warrant exist or that there is probable
cause to believe that they exist, the magistrate shall order the
issuance of the warrant by directing the person applying for the
warrant to sign the magistrate's name on the duplicate warrant. The
magistrate shall immediately sign the original warrant and enter on
its face the exact time when the issuance was ordered.
f. The person who executes the warrant shall enter the time
of execution on the face of the duplicate warrant.
g. The magistrate shall cause any record of the call made by
means of a voice recording device to be transcribed, shall certify
the accuracy of the transcript, and shall file the transcript and the
original record with the clerk. If a stenographic or longhand
memorandum was made of the oral testimony of the person who applied
for the warrant, the magistrate shall file a signed copy with the
clerk.
h. The clerk of court shall maintain the original and
duplicate warrants along with the record of the telephone call and
any transcript or memorandum made of the call in a confidential file
until a charge, if any, is filed.
4. a. Search warrants issued under this section shall
authorize and direct peace officers to secure the withdrawal of blood
specimens by medical personnel under section 462A.14A. Reasonable
care shall be exercised to ensure the health and safety of the
persons from whom specimens are withdrawn in execution of the
warrants.
b. If a person from whom a specimen is to be withdrawn
objects to the withdrawal of blood, the warrant may be executed as
follows:
(1) If the person is capable of giving a specimen of breath, and
a direct breath testing instrument is readily available, the warrant
may be executed by the withdrawal of a specimen of breath for
chemical testing, unless the peace officer has reasonable grounds to
believe that the person was under the influence of a controlled
substance, a drug other than alcohol, or a combination of alcohol and
another drug.
(2) If the testimony in support of the warrant sets forth facts
and information that the peace officer has reasonable grounds to
believe that the person was under the influence of a controlled
substance, a drug other than alcohol, or a combination of alcohol and
another drug, a urine sample shall be collected in lieu of a blood
sample, if the person is capable of giving a urine sample and the
sample can be collected without the need to physically compel the
execution of the warrant.
5. The act of any person knowingly resisting or obstructing the
withdrawal of a specimen pursuant to a search warrant issued under
section 462A.14D constitutes contempt punishable as provided in that
section and further constitutes a refusal to submit. Also, if the
withdrawal of a specimen is so resisted or obstructed, section
462A.14A applies.
6. Nonsubstantive variances between the contents of the original
and duplicate warrants shall not cause a warrant issued under
subsection 3 to be considered invalid.
7. Specimens obtained pursuant to warrants issued under this
section are not subject to disposition under section 808.9 or chapter
809 or 809A.
8. Subsections 3 to 7 of this section do not apply where a test
may be administered under section 462A.14A, subsection 4, paragraph
"f".
9. Medical personnel who use reasonable care and accepted medical
practices in withdrawing blood specimens are immune from liability
for their actions in complying with requests made of them pursuant to
search warrants or pursuant to section 462A.14A. Section History: Recent Form
2000 Acts, ch 1099, §6
Referred to in § 462A.14A, 462A.14B
462A.14E VIOLATIONS OF ORDERS NOT TO OPERATE A
MOTORBOAT OR SAILBOAT.
1. A person who operates a motorboat or sailboat after the person
has been ordered, pursuant to section 462A.14 or 462A.14B, not to
operate a motorboat or sailboat commits a serious misdemeanor,
punishable with a jail term and a mandatory fine of one thousand
dollars.
2. In addition to the jail term and fine, the court shall extend
the period of prohibition of operating a motorboat or sailboat for an
additional like period. Section History: Recent Form
2000 Acts, ch 1099, §7
462A.14F DEPARTMENT RECORDKEEPING.
The department shall collect and maintain statistics on the number
of arrests and convictions for violations of section 462A.14 that
occur each year. Section History: Recent Form
2000 Acts, ch 1099, §8
462A.15 WATER SKIS AND SURFBOARDS.
1. No person shall operate a vessel on any waters of this state
under the jurisdiction of the commission for towing a person or
persons on water skis, surfboard or similar device unless there is in
such vessel a responsible person, in addition to the operator, in a
position to observe the progress of the person or persons being
towed.
2. This section does not apply to a performer engaged in a
professional exhibition or a person or persons engaged in a
professional exhibition or a person or persons engaged in an activity
authorized under section 462A.16. Section History: Early Form
[C39, § 1703.17; C46, 50, 54, 58, § 106.17; C62, 66, 71, 73,
75, 77, 79, 81, § 106.15; 82 Acts, ch 1028, § 19] Section History: Recent Form
C93, § 462A.15
2002 Acts, ch 1050, §43
Referred to in § 805.8B(1c)
For applicable scheduled fines, see §805.8B, subsection 1,
paragraph c
462A.16 REGATTAS, RACES, MARINE PARADES, TOURNAMENTS
OR EXHIBITIONS.
1. The commission may authorize the holding of regattas,
motorboat or other boat races, marine parades, tournaments or
exhibitions on any waters of this state under the jurisdiction of the
commission. The commission shall adopt and may, from time to time,
amend regulations concerning the safety of vessels and persons,
either observers or participants. If a regatta, motorboat or other
boat race, marine parade, tournament or exhibition is proposed to be
held, the person in charge thereof shall file an application with the
commission for permission to hold such regatta, motorboat or other
boat race, marine parade, tournament or exhibition. The application
shall set forth the date, time and location where it is proposed to
hold such regatta, motorboat or other boat race, marine parade,
tournament or exhibition and it shall not be conducted without
written authorization of the commission.
2. The provisions of this section shall not exempt any person
from compliance with applicable federal law or regulation, but
nothing contained herein shall be construed to require the securing
of a state permit under this section if a permit therefor has been
obtained from an authorized agency having jurisdiction of the waters
where such regatta, race, marine parade, tournament or exhibition is
being conducted. Section History: Early Form
[C39, § 1703.17; C46, 50, 54, 58, § 106.17, 106.28; C62, 66,
71, 73, 75, 77, 79, 81, § 106.16] Section History: Recent Form
C93, § 462A.16
Referred to in § 462A.9, 462A.11, 462A.15
462A.17 LOCAL REGULATIONS RESTRICTED.
1. This chapter and other applicable laws of this state govern
the operation, equipment, numbering and all other matters relating
thereto of any vessel whenever the vessel is operated or maintained
on the waters of this state under the jurisdiction of the commission,
but this chapter does not prevent the adoption of any ordinance or
local law relating to the operation or equipment of vessels. Such
ordinances or local law are operative only so long as they are not
inconsistent with this chapter or the rules adopted by the
commission.
2. Any subdivision of this state may, but only after public
notice thereof by publication in a newspaper having a general
circulation in such subdivision, make formal application to the
commission for special rules and regulations concerning the operation
of vessels on any waters within its territorial limits and shall set
forth therein the reasons which make such special rules or
regulations necessary or appropriate.
3. The commission, upon application of local authorities, may
make special rules in conformity with this chapter, concerning the
operation of vessels on any waters of this state under the
jurisdiction of the commission within the territorial limits of any
subdivision of this state. Special rules shall only be adopted upon
a finding by the commission that the rules are necessary to carry out
the policies and purposes of this chapter due to special conditions
with regard to a particular body of water and that the special rules
provide greater protection to the public health, safety, and welfare
than the rules of general application. Section History: Early Form
[C39, § 1703.17; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79,
81, § 106.17; 82 Acts, ch 1028, § 20, 21] Section History: Recent Form
C93, § 462A.17
Referred to in § 805.8B(1e)
For applicable scheduled fines, see §805.8B, subsection 1,
paragraph e
462A.18 OWNER'S CIVIL LIABILITY.
The owner and operator of any undocumented vessel shall be liable
for any injury or damage occasioned by the negligent operation of
such vessel. Section History: Early Form
[C39, § 1703.21; C46, 50, 54, 58, § 106.21; C62, 66, 71, 73,
75, 77, 79, 81, § 106.18] Section History: Recent Form
C93, § 462A.18
462A.19 Reserved.
462A.20 BOAT INSPECTION.
A vessel either for hire or offered for hire upon any waters of
this state under the jurisdiction of the commission may be inspected
at any time by representatives of the commission or by any peace
officer who is trained in enforcing, and who in the regular course of
duty enforces, boating and navigation laws.
Officers appointed by the commission or any peace officer who is
trained in enforcing, and who in the regular course of duty enforces,
boating and navigation laws shall have the power and authority to
determine whether such vessel is safe for the transportation of
passengers or cargo and upon what waters it may be used. They may
determine and designate the number of passengers or cargo, including
crew, that may be carried and determine whether the machinery,
equipment and all appurtenances are such as to make the vessel
seaworthy, where used, and such other matters as are pertinent.
Private vessels may also be inspected to determine their
seaworthiness at any time by representatives of the commission or by
any peace officer who is trained in enforcing, and who in the regular
course of duty enforces, boating and navigation laws. Section History: Early Form
[C97, § 2511, 2512, 2513; S13, § 2512, 2513; C24, 27, 31, § 1691,
1692, 1694; C35, § 1703-e1--e3, 1703-e5; C39, § 1703.01--1703.03,
1703.05; C46, 50, 54, 58, § 106.1--106.3, 106.5; C62, 66, 71, §
106.19, 106.20; C73, 75, 77, 79, 81, § 106.20] Section History: Recent Form
C93, § 462A.20
2005 Acts, ch 137, §9
462A.21 FEES. Repealed by 2005 Acts, ch 137, § 19.
462A.22 ENGINEER OR PILOT LICENSE. Repealed by
2005 Acts, ch 137, § 19.
462A.23 SUSPENSION OR REVOCATION.
1. Any officer appointed by the commission may, for cause,
temporarily suspend the registration certificate of any vessel that
has been issued under this chapter, and the commission, after a due
hearing on the matter at its next session, shall make final
determination in the matter.
2. The commission shall forthwith revoke the registration
certificate of any vessel and the owner's or operator's privilege to
operate a vessel for hire or commercial vessel, upon receiving a
record of such owner or operator's conviction of any of the following
offenses, when such conviction has become final:
a. Manslaughter resulting from the operation of a vessel.
b. Operating a motorboat or sailboat while intoxicated, or
manipulating water skis, a surfboard, or a similar device while in an
intoxicated condition or under the influence of a narcotic drug.
c. Failure to stop and render aid as required by this chapter
when an occurrence involving a vessel results in the death or
personal injury of another.
d. Perjury or the making of a false affidavit or statement
under oath to the commission under this chapter relating to the
ownership or operation of a vessel.
3. The commission is hereby authorized to suspend the
registration certificate of any vessel and the owner's or operator's
privilege to operate a vessel for hire or commercial vessel upon a
showing by its records that the owner or operator:
a. Has committed an offense for which mandatory revocation of
the registration certificate or of the privilege to operate a vessel
for hire or commercial vessel is required upon conviction.
b. Is a habitual reckless or negligent operator of a vessel
for hire or commercial vessel.
c. Is incompetent to operate a vessel for hire or commercial
vessel.
d. Has permitted an unlawful or fraudulent use of such
registration certificate.
4. The commission is hereby authorized to suspend or revoke the
certificate of registration of a vessel registered under the
provisions of this chapter when:
a. It is satisfied that such registration certificate was
fraudulently or erroneously obtained.
b. It determines that a registered vessel is unsafe to be
operated on waters of the state under the jurisdiction of the
commission.
c. A registered vessel has been abandoned or wrecked.
d. Identification numbers are knowingly displayed on a vessel
other than the one to which assigned.
5. Upon revocation of any registration certificate, the
commission shall notify the county recorder who issued the same, who
shall immediately enter the revocation upon the recorder's records.
6. The commission is hereby authorized to suspend or revoke the
special certificate of any manufacturer or dealer when it is
satisfied that:
a. Such special certificate was fraudulently or erroneously
obtained.
b. Such special certificate is being used in violation of the
provisions of this chapter or the rules and regulations of the
commission.
c. Such manufacturer or dealer is violating any of the
provisions of this chapter or the rules and regulations of the
commission. Section History: Early Form
[C97, S13, § 2513; C24, 27, 31, § 1695; C35, § 1703-e5; C39, §
1703.05; C46, 50, 54, 58, § 106.5; C62, 66, 71, 73, 75, 77, 79,
81, § 106.23] Section History: Recent Form
C93, § 462A.23
2000 Acts, ch 1099, §9; 2005 Acts, ch 137, §10--12; 2007 Acts, ch
28, §9
Referred to in § 331.602, 915.80
462A.24 OVERLOADING OF VESSELS.
No person owning or operating a vessel shall permit said vessel to
be occupied by more passengers and crew than the registration
capacity permits. Section History: Early Form
[C39, § 1703.16, 1703.24; C46, 50, 54, 58, § 106.16, 106.24;
C62, 66, 71, 73, 75, 77, 79, 81, § 106.24] Section History: Recent Form
C93, § 462A.24
Referred to in § 805.8B(1c)
For applicable scheduled fine, see §805.8B, subsection 1,
paragraph c
462A.25 PENALTY.
If an owner or operator of a vessel for hire or commercial vessel
operated upon the waters of this state under the jurisdiction of the
commission permits such vessel to be occupied by more passengers and
crew than the registration capacity allows or if a person continues
to operate a vessel for hire or commercial vessel after the person's
privilege to operate the vessel has been revoked, the person shall be
guilty of a serious misdemeanor. The provisions of this section
shall not apply to vessels registered or numbered by authority of the
United States. Section History: Early Form
[C97, § 2513; S13, § 2513, 2514-d; C24, 27, 31, § 1695, 1700; C35,
§ 1703-e6, 1703-e10; C39, § 1703.06, 1703.22, 1703.27; C46, 50,
54, 58, § 106.6, 106.22, 106.27; C62, 66, 71, 73, 75, 77, 79, 81, §
106.25] Section History: Recent Form
C93, § 462A.25
2005 Acts, ch 137, §13
462A.26 RIGHT-OF-WAY RULES -- SPEED AND DISTANCE
RULES -- ZONING WATER AREAS.
1. Vessel traffic shall be governed by the following rules:
a. Passing from rear -- keep to the operator's left.
b. Passing head on -- keep to the operator's right.
c. Passing at right angles -- vessel at the right has the
right-of-way.
d. Manually propelled vessels have the right-of-way over all
other vessels.
e. Sailboats have the right-of-way over all motor driven
vessels. Motorboats, when meeting or overtaking sailboats, shall
always pass on the leeward side.
f. Any vessel backing from a landing has the right-of-way
over incoming vessels.
g. When necessary to protect the public health, safety, and
welfare due to the physical nature and characteristics of any waters
under the jurisdiction of the commission, the commission may
promulgate further rules governing vessel traffic on such waters.
2. The commission may adopt rules governing all activities on
waters and ice of this state under the jurisdiction of the
commission, including impoundments constructed by or in cooperation
with the federal government, when necessary and desirable to permit
appropriate utilization of specific water areas, consistent with
section 462A.3. The rules may include rules relating to the
following:
a. Zoning as to area, activity, vessel, or vehicle, speed,
and time of day during which specified activities are permitted.
b. Horsepower, size, and types of vessels and vehicles which
may be operated.
c. Safety precautions and practices required.
3. Except as provided in special rules promulgated under this
chapter, the following speed and distance regulations apply:
a. On all waters under the jurisdiction of the commission:
(1) A motorboat shall not be operated at speeds greater than five
miles per hour when within one hundred feet of another craft
traveling at five miles per hour or less.
(2) Motorboats shall maintain a minimum passing or meeting
distance of fifty feet when both boats are traveling at speeds
greater than five miles per hour.
(3) A motorboat shall not be operated at a speed exceeding ten
miles per hour unless vision is unobstructed at least two hundred
feet ahead.
b. On all inland lakes and federal impoundments under the
jurisdiction of the commission.
A motorboat shall not be operated within three hundred feet of
shore at a speed greater than ten miles per hour. Section History: Early Form
[C39, § 1703.14; C46, 50, 54, 58, § 106.14; C62, 66, § 106.26;
C71, 73, 75, 77, 79, 81, § 106.26, 106.31; 82 Acts, ch 1028, § 22] Section History: Recent Form
C93, § 462A.26
Referred to in § 805.8B(1b)
For applicable scheduled fines, see §805.8B, subsection 1,
paragraph b
462A.27 REMOVAL OF NONPERMANENT STRUCTURES.
Every structure, not considered a permanent structure by the
commission or excepted by the rules of the commission, shall be
removed from the waters, ice, or land of this state under the
jurisdiction of the commission on or before December 15 of each year.
Failure to comply with this section shall cause the structure to be
declared a public nuisance and disposition shall be in accordance
with sections 483A.32 to 483A.34. Section History: Early Form
[C39, § 1703.16, 1703.25; C46, 50, 54, 58, § 106.16, 106.25;
C62, 66, 71, 73, 75, 77, 79, 81, § 106.27; 82 Acts, ch 1028, § 23] Section History: Recent Form
C93, § 462A.27
Referred to in § 805.8B(1d)
For applicable scheduled fine, see §805.8B, subsection 1,
paragraph d
462A.28 UNWORTHY VESSELS DRYDOCKED.
A person shall not place or allow to remain in the waters of this
state under the jurisdiction of the commission, any vessel which has
failed to pass inspection. All vessels shall be seaworthy for the
waters on which they are being used. Section History: Early Form
[C39, § 1703.25; C46, 50, 54, 58, § 106.25; C62, 66, 71, 73,
75, 77, 79, 81, § 106.28; 82 Acts, ch 1028, § 24] Section History: Recent Form
C93, § 462A.28
Referred to in § 805.8B(1d)
For applicable scheduled fines, see §805.8B, subsection 1,
paragraph d
462A.29 OFFICIAL DUTY EXEMPTED.
Peace officers, members of the commission, its deputies, agents
and employees are not violating the provisions of this chapter while
acting within the scope of their employment in search and rescue
operations, law enforcement duty, emergency duty, and other resource
management activities as determined by rules of the commission. Section History: Early Form
[C39, § 1703.26; C46, 50, 54, 58, § 106.26; C62, 66, 71, 73,
75, 77, 79, 81, § 106.29; 82 Acts, ch 1028, § 25] Section History: Recent Form
C93, § 462A.29
462A.30 AIRCRAFT RESTRICTION.
It is unlawful for any aircraft to make use of the inland lakes of
the state, except in the transportation of persons or property
between points separated by a distance of thirty miles or more.
However, this section does not prohibit the use of such waters by any
aircraft in danger or distress or the use of such waters by the
operators of private aircraft, not operated for hire. In addition,
the commission may, on the recommendation of the state department of
transportation, designate certain areas on inland lakes of the state
where seaplane flight instruction may be conducted under such
conditions as may be adopted by the commission and the state
department of transportation. Section History: Early Form
[C39, § 1703.15; C46, 50, 54, 58, § 106.15; C62, 66, 71, 73,
75, 77, 79, 81, § 106.30] Section History: Recent Form
C93, § 462A.30
462A.31 ARTIFICIAL LAKES.
1. Except as provided in rules adopted under this chapter, a
motorboat shall not be permitted on any artificial lake under the
jurisdiction of the commission except the following:
a. A motorboat equipped with one or more outboard battery
operated electric trolling motors.
b. A motorboat equipped with any power unit mounted or
carried aboard the vessel may be operated at a no-wake speed on all
artificial lakes of more than one hundred acres in size under the
custody of the department. However, on lake Macbride, a motorboat
with a power unit exceeding ten horsepower may be operated only when
permitted by rule and the rule shall not authorize such use during
the period beginning on the Friday before Memorial Day and ending on
Labor Day inclusively. This paragraph does not limit motorboat
horsepower on natural lakes under the custody of the department or
limit the department's authority to establish special speed zoning
regulations.
2. All privately owned vessels on artificial lakes under the
jurisdiction of the commission shall be kept at locations designated
by the commission.
3. All privately owned vessels, used on or kept at the artificial
lakes under the jurisdiction of the commission, shall be seaworthy
for the waters where they are kept and used. All such vessels shall
be removed from state property whenever ordered by the commission,
and, in any event, shall be removed from such property not later than
December 15 of each year.
4. Upon construction of an artificial lake by a political
subdivision of this state, the subdivision may, after publication in
a newspaper of general circulation in the subdivision, make formal
application to the commission for special rules relating to the
operation of watercraft on the lake, and shall set forth therein the
reasons which make such special rules necessary or appropriate. The
commission may promulgate the special rules as provided in this
chapter, concerning the operation of watercraft on a lake constructed
and maintained by a subdivision of this state. Such special rules
may include the following:
a. Zoning by area and time to regulate navigation and other
types of activity.
b. Regulating the horsepower, size and type of watercraft.
5. As provided in section 350.5, county conservation boards may
make regulations concerning horsepower limits and no-wake speeds on
artificial lakes under their jurisdiction, except for state-owned
artificial lakes managed by a county conservation board under a
management agreement. Section History: Early Form
[C39, § 1703.16; C46, 50, 54, 58, § 106.16; C62, 66, 71, 73,
75, 77, 79, 81, § 106.31; 82 Acts, ch 1028, § 26] Section History: Recent Form
86 Acts, ch 1227, § 1; 87 Acts, ch 124, § 1, 2; 92 Acts, ch 1101,
§ 2, 3
C93, § 462A.31
97 Acts, ch 91, § 1
Referred to in § 805.8B(1b, 1e)
For applicable scheduled fines, see §805.8B, subsection 1,
paragraphs b and e
462A.32 RULES FOR BUOYS.
1. No private buoy shall be maintained in the waters of this
state under the jurisdiction of the commission except as specified by
the rules of the commission.
2. No other obstruction of any kind shall be maintained in the
waters of this state under the jurisdiction of the commission without
first receiving permission from the commission to maintain such
obstruction.
3. It is unlawful to tamper with, move or attempt to move or,
except in an emergency, moor a vessel to any waterway marker or
state-approved buoy or sign.
4. No boat shall be anchored away from the shore and left
unguarded unless it is attached to a legal buoy. Section History: Early Form
[C39, § 1703.18; C46, 50, 54, 58, § 106.18; C62, 66, 71, 73,
75, 77, 79, 81, § 106.32; 82 Acts, ch 1028, § 27] Section History: Recent Form
C93, § 462A.32
Referred to in § 805.8B(1d)
For applicable scheduled fines, see §805.8B, subsection 1,
paragraph d
462A.33 DRIVING OVER ICE.
1. A person operating a craft or vehicle propelled by sail or by
machinery in whole or in part shall not operate the craft or vehicle
on the surface of ice on the lakes and streams of this state
including but not limited to boundary streams and lakes unless the
commission issues the person a permit.
2. Subsection 1 does not apply to automobiles, motorcycles, or
trucks registered under chapter 321; snowmobiles registered under
chapter 321G; or all-terrain vehicles, off-road motorcycles, or
off-road utility vehicles registered under chapter 321I, when any of
those vehicles are used without endangering public safety.
3. Except when authorized by a permit for a special event,
persons shall not operate automobiles, motorcycles, trucks,
all-terrain vehicles, off-road motorcycles, or off-road utility
vehicles on the ice of waters under the jurisdiction of the
commission at a rate of speed greater than is reasonable or proper
under all existing circumstances.
4. A permit issued by the commission pursuant to this section may
be suspended or revoked by the commission if a craft or vehicle is
operated in a careless manner which endangers others. Section History: Early Form
[C39, § 1703.20; C46, 50, 54, 58, § 106.20; C62, 66, 71, 73,
75, 77, 79, 81, § 106.33; 82 Acts, ch 1028, § 28] Section History: Recent Form
85 Acts, ch 67, §13
C93, § 462A.33
2008 Acts, ch 1161, §14
Referred to in § 805.8B(1b)
For applicable scheduled fines, see §805.8B, subsection 1,
paragraph b
462A.34 AUTHORIZED EMERGENCY VESSELS.
Upon approach of an authorized emergency vessel displaying a blue
light or flashing blue light, the operator of every other vessel
shall stop and yield the right-of-way until the authorized vessel has
passed. The provisions of this section shall not relieve the
operator of an authorized emergency vessel from the duty to operate
the vessel with due regard for the safety of all persons using the
waters of this state, nor shall the provisions relieve the operator
of any such vessel from liability from the operator's negligence. Section History: Early Form
[C71, 73, 75, 77, 79, 81, § 106.34] Section History: Recent Form
C93, § 462A.34
Referred to in § 805.8B(1c)
For applicable scheduled fines, see §805.8B, subsection 1,
paragraph c
462A.34A VEHICLES PROHIBITED IN STREAMBED.
1. Except as provided in subsection 2, a person shall not operate
a motor vehicle in any of the following:
a. Any portion of a meandered stream.
b. Any portion of the bed of a nonmeandered stream which has
been identified as a navigable stream or river by rule adopted by the
department and which is covered by water.
c. Any portion of a stream identified as a trout stream by
the department.
2. This section does not prohibit the use of ford crossings of
public or private roads or any other ford crossing when used for
agricultural purposes, the operation of construction vehicles engaged
in lawful construction, repair, or maintenance in a streambed, or the
operation of motor vehicles on ice.
3. The department of natural resources shall adopt rules
identifying the navigable streams and rivers in which a motor vehicle
may be operated. The department may exempt participants of organized
special events from this section where the organized special event is
approved by a state or local authority.
4. As used in this section, "motor vehicle" means a motor
vehicle as defined in section 321.1, subsection 42. Section History: Recent Form
89 Acts, ch 244, §41
CS89, § 106.34A
C93, § 462A.34A
462A.34B ELUDING OR ATTEMPTING TO ELUDE PURSUING LAW
ENFORCEMENT VESSEL -- PENALTY.
1. The operator of a vessel commits a serious misdemeanor if the
operator willfully fails to bring the vessel to a stop or otherwise
eludes or attempts to elude an authorized marked law enforcement
vessel operated by a uniformed peace officer or by a water patrol
officer of the department of natural resources, after being given a
visual and audible signal to stop. The signals given by the officer
shall be by displaying a blue light or flashing blue and red lights
and by sounding a horn or siren.
2. The operator of a vessel commits an aggravated misdemeanor if
the operator willfully fails to bring the vessel to a stop or
otherwise eludes or attempts to elude an authorized marked law
enforcement vessel operated by a uniformed peace officer or by a
water patrol officer of the department of natural resources, after
being given a visual and audible signal to stop as provided in this
section and in doing so exceeds a reasonable speed.
3. The operator of a vessel commits a class "D" felony if the
operator willfully fails to bring the vessel to a stop or otherwise
eludes or attempts to elude an authorized marked law enforcement
vessel operated by a uniformed peace officer or by a water patrol
officer of the department of natural resources, after being given a
visual and audible signal to stop as provided in this section, and in
doing so exceeds a reasonable speed, and if any of the following
occurs:
a. The operator is participating in a public offense, as
defined in section 702.13, that is a felony.
b. The operator is in violation of section 462A.14 or
124.401.
c. The offense results in bodily injury to a person other
than the operator. Section History: Recent Form
2007 Acts, ch 28, §10
462A.35 SPECIAL CERTIFICATE FOR MANUFACTURER OR
DEALER.
A manufacturer or dealer owning, storing, repairing, or altering a
vessel required to be registered under this chapter may operate the
vessel for purposes of transporting, testing, demonstrating, or
selling the vessel without registering each such vessel, provided
that any such vessel displays thereon a special certificate issued to
the manufacturer or dealer as provided in this chapter. This special
certificate shall not be used for any vessel offered for hire or for
any work or service vessels owned by a manufacturer or dealer. Section History: Early Form
[C71, 73, 75, 77, 79, 81, § 106.35] Section History: Recent Form
91 Acts, ch 57, §1; 92 Acts, ch 1163, § 27
C93, § 462A.35
Referred to in § 805.8B(1a)
For applicable scheduled fines, see §805.8B, subsection 1,
paragraph a
462A.36 FEE FOR CERTIFICATE.
Any manufacturer or dealer may, upon payment of a fee of fifteen
dollars, make application to the commission, upon such forms as the
commission prescribes, for a special certificate containing a general
distinguishing number and for one or more duplicate special
certificates. The applicant shall submit such reasonable proof of
the applicant's status as a bona fide manufacturer or dealer as the
commission may require. Section History: Early Form
[C71, 73, 75, 77, 79, 81, § 106.36] Section History: Recent Form
C93, § 462A.36
462A.37 NUMBER ASSIGNED -- SPECIAL SIGNS.
The commission, upon granting any such application, shall issue to
the applicant a special certificate containing the applicant's name
and address, the general distinguishing number assigned to the
applicant, the word "manufacturer" or "dealer", and such
other information as the commission may prescribe. The manufacturer
or dealer shall have the number so awarded printed upon or attached
to a removable sign or signs to be temporarily but firmly mounted
upon or attached to the vessel being used, and the display must meet
the requirements of this chapter and the rules and regulations of the
commission. Section History: Early Form
[C71, 73, 75, 77, 79, 81, § 106.37] Section History: Recent Form
C93, § 462A.37
Referred to in § 805.8B(1a)
For applicable scheduled fines, see §805.8B, subsection 1,
paragraph a
462A.38 DUPLICATES.
The commission shall also issue duplicate special certificates as
applied for which shall have displayed thereon the general
distinguishing number assigned to the applicant. Each duplicate
special certificate so issued shall contain a number or symbol
identifying the same from every other duplicate special certificate
bearing the same general distinguishing number. The fee for each
additional duplicate special certificate shall be two dollars. Section History: Early Form
[C71, 73, 75, 77, 79, 81, § 106.38] Section History: Recent Form
C93, § 462A.38
462A.39 EXPIRATION DATE.
Each special certificate issued hereunder shall expire at midnight
on April 30 of the last calendar year of the registration period, and
a new special certificate for the ensuing registration period may be
obtained upon application to the commission and payment of the fee
provided by law. Section History: Early Form
[C71, 73, 75, 77, 79, 81, § 106.39] Section History: Recent Form
C93, § 462A.39
2005 Acts, ch 137, §14
462A.40 RECORD OF USE.
Every manufacturer or dealer shall keep a written record of the
vessels upon which such special certificates are used, which record
shall be open to inspection by any law enforcement officer or any
officer or employee of the commission. Section History: Early Form
[C71, 73, 75, 77, 79, 81, § 106.40] Section History: Recent Form
C93, § 462A.40
462A.41 SEPARATE CERTIFICATE FOR EACH CITY.
If a manufacturer or dealer has an established place of business
in more than one city, the manufacturer or dealer shall secure a
separate and distinct special certificate and general distinguishing
number for each such place of business. Section History: Early Form
[C71, 73, 75, 77, 79, 81, § 106.41] Section History: Recent Form
C93, § 462A.41
462A.42 LIST OF USED BOATS ON HAND FURNISHED.
Dealers using special certificates under the provisions of this
chapter shall, before May 5 of each year, furnish the commission with
a list of all used vessels held by them for sale or trade, and upon
which the registration fee for the current year has not been paid,
giving the previous registration number, name of previous owner at
the time such vessel was transferred to the dealer, and such other
information as the commission may require. Section History: Early Form
[C71, 73, 75, 77, 79, 81, § 106.42] Section History: Recent Form
C93, § 462A.42
462A.43 TRANSFER OF OWNERSHIP.
Upon the transfer of ownership of any vessel, the owner, except as
otherwise provided by this chapter, shall complete the form on the
back of the registration certificate and shall deliver it to the
purchaser or transferee at the time of delivering the vessel. If a
vessel has an expired registration at the time of transfer, the
transferee shall pay all applicable fees for the current registration
period, the appropriate writing fee, and a penalty of five dollars,
and a transfer of number shall be awarded in the same manner as
provided for in an original registration. All penalties collected
pursuant to this section shall be forwarded by the commission to the
treasurer of state, who shall place the money in the state fish and
game protection fund. The money so collected is appropriated to the
commission solely for the administration and enforcement of
navigation laws and water safety. Section History: Early Form
[C71, 73, 75, 77, 79, 81, § 106.43] Section History: Recent Form
C93, § 462A.43
2007 Acts, ch 28, §11
462A.44 APPLICATION FOR TRANSFER.
The purchaser or transferee shall, except as otherwise provided by
this chapter, within thirty days of the purchase or transfer, file a
new application form with the county recorder with a fee of one
dollar and the appropriate writing fee, and a transfer of number
shall be awarded in the same manner as provided for in an original
registration. Section History: Early Form
[C71, 73, 75, 77, 79, 81, § 106.44] Section History: Recent Form
C93, § 462A.44
2002 Acts, ch 1035, §1
Referred to in § 331.605
462A.45 TRANSFER BY DEALER.
When the purchaser or transferee of a vessel is a dealer who holds
the same for resale and operates the vessel only for purposes
incident to a resale and displays thereon a special dealers'
certificate, or does not operate such vessel or permit it to be
operated, such transferee shall not be required to obtain a new
registration certificate but upon transferring the title or interest
to another person the dealer shall sign the reverse side of the
registration certificate of such vessel indicating the name and
address of the new purchaser. Section History: Early Form
[C71, 73, 75, 77, 79, 81, § 106.45] Section History: Recent Form
C93, § 462A.45
462A.46 PURCHASE OF REGISTERED VESSEL BY DEALER.
Whenever a dealer purchases or otherwise acquires a vessel
registered in this state, the dealer shall issue a signed receipt to
the previous owner, indicating the date of purchase or acquisition,
the name and address of such previous owner, and the registration
number of the vessel purchased or acquired. The original receipt
shall be delivered to the previous owner and one copy shall be mailed
or delivered by the dealer to the county recorder of the county in
which the vessel is registered, and one copy shall be delivered to
the commission within forty-eight hours. Section History: Early Form
[C71, 73, 75, 77, 79, 81, § 106.46] Section History: Recent Form
C93, § 462A.46
462A.47 TRANSFER TO DEALER.
Nothing in this section shall prohibit a dealer from obtaining a
new registration and transfer of registration in the same manner as
other purchasers. Section History: Early Form
[C71, 73, 75, 77, 79, 81, § 106.47] Section History: Recent Form
C93, § 462A.47
462A.48 SALES BY MANUFACTURER OR DEALER.
Upon the sale of a vessel by a manufacturer or dealer, the
purchaser shall, within thirty days of the purchase, make application
for registration and the purchaser may operate the vessel without its
individual identification number thereon for a period of not more
than thirty-five days after the purchase date, provided that during
such period the vessel shall have attached thereto, in accordance
with the provisions of this chapter, a pasteboard card bearing the
words "registration applied for" and the special certificate number
of the dealer from whom the vessel was purchased together with the
date of purchase plainly stamped or stenciled thereon. Section History: Early Form
[C71, 73, 75, 77, 79, 81, § 106.48] Section History: Recent Form
C93, § 462A.48
2002 Acts, ch 1035, §2
462A.49 PROHIBITED USE OF "APPLIED FOR" CARD.
No manufacturer or dealer shall permit the use of such card unless
an application for a registration certificate has been made. Section History: Early Form
[C71, 73, 75, 77, 79, 81, § 106.49] Section History: Recent Form
C93, § 462A.49
462A.50 OFFICIAL CARDS ONLY TO BE USED.
The commission shall, upon the application of any manufacturer or
dealer, furnish "registration applied for" cards free of charge.
No cards shall be used except those furnished by the commission. Section History: Early Form
[C71, 73, 75, 77, 79, 81, § 106.50] Section History: Recent Form
C93, § 462A.50
462A.51 COUNTY RECORDER -- DUTIES.
The county recorder shall be responsible for all fees and
penalties for the issuance of vessel registrations. All unused
registration certificates shall be surrendered to the commission upon
demand. Section History: Early Form
[C71, 73, 75, 77, 79, 81, § 106.51] Section History: Recent Form
C93, § 462A.51
Referred to in § 331.602
462A.52 FEES REMITTED TO COMMISSION.
1. Within ten days after the end of each month, a county recorder
shall remit to the commission all fees collected by the recorder
during the previous month. Before May 10 of the registration period
beginning May 1 of that year, a county recorder shall remit to the
commission all unused license blanks for the previous registration
period. All fees collected for the registration of vessels shall be
forwarded by the commission to the treasurer of the state, who shall
place the money in the state fish and game protection fund. The
money so collected is appropriated to the commission solely for the
administration and enforcement of navigation laws and water safety.
2. Notwithstanding subsection 1, any increase in revenues
received on or after July 1, 2007, but on or before June 30, 2013,
pursuant to this section as a result of fee increases pursuant to
2005 Acts, ch. 137, shall be used by the commission only for the
administration and enforcement of programs to control aquatic
invasive species and for the administration and enforcement of
navigation laws and water safety upon the inland waters of this state
and shall be used in addition to funds already being expended by the
commission each year for these purposes. The commission shall not
reduce the amount of other funds being expended on an annual basis
for these purposes as of July 1, 2005, during the period of the
appropriation provided for in this subsection.
3. The commission shall submit a written report to the general
assembly by December 31, 2007, and by December 31 of each year
thereafter through December 31, 2013, summarizing the activities of
the department in administering and enforcing programs to control
aquatic invasive species and administering and enforcing navigation
laws and water safety upon the inland waters of the state. The
report shall include information concerning the amount of revenues
collected pursuant to this section as a result of fee increases
pursuant to 2005 Acts, ch. 137, and how the revenues were expended.
The report shall also include information concerning the amount and
source of all other funds expended by the commission during the year
for the purposes of administering and enforcing programs to control
aquatic invasive species and administering and enforcing navigation
laws and water safety upon the inland waters of the state and how the
funds were expended. Section History: Early Form
[C71, 73, 75, 77, 79, 81, § 106.52] Section History: Recent Form
89 Acts, ch 102, §1
C93, § 462A.52
2005 Acts, ch 137, §15
Referred to in § 331.602
462A.53 AMOUNT OF WRITING FEES.
A writing fee of one dollar and twenty-five cents for each
transaction shall be collected by the county recorder. If two or
more functions are transacted for the same vessel at one time, the
writing fee is limited to one dollar and twenty-five cents. Section History: Early Form
[C71, 73, 75, 77, 79, 81, § 106.5, 106.53; 82 Acts, ch 1028, § 29]
Section History: Recent Form
C93, § 462A.53
2005 Acts, ch 137, §16
Referred to in § 331.605, 462A.5
462A.54 DISPOSAL OF WRITING FEES.
The writing fees collected by the county recorder shall be paid to
the county treasurer by the county recorder as other such fees are
paid to the county treasurer by the county recorder. Section History: Early Form
[C71, 73, 75, 77, 79, 81, § 106.54] Section History: Recent Form
C93, § 462A.54
Referred to in § 331.602
462A.55 SALES OR USE TAX TO BE PAID BEFORE
REGISTRATION.
No vessel shall be registered by the county recorder until there
has been presented to the recorder receipts, bills of sale, or other
satisfactory evidence that the sales or use tax has been paid for the
purchase of the vessel. If the owner of the vessel is unable to
present satisfactory evidence that the sales or use tax has been
paid, the county recorder shall collect the tax. On or before the
tenth day of each month, the county recorder shall remit to the
department of revenue the amount of the taxes so collected during the
preceding month, together with an itemized statement on forms
furnished by the department of revenue showing the name of each
taxpayer, the make and purchase price of each vessel and motor, the
amount of tax paid, and such other information as the department of
revenue shall require. Section History: Early Form
[C71, 73, 75, 77, 79, 81, § 106.55] Section History: Recent Form
C93, § 462A.55
2003 Acts, ch 145, §286
Referred to in § 331.602
462A.56 THROUGH 462A.65 Reserved.
462A.66 INSPECTION AUTHORITY.
An officer of the commission or any peace officer who is trained
in enforcing, and who in the regular course of duty enforces, boating
and navigation laws may stop and inspect a vessel being launched,
being operated, or being moored on the waters of this state under the
jurisdiction of the commission to determine whether the vessel is
properly registered, numbered, and equipped as provided under this
chapter and rules of the commission. An officer may board a vessel
in the course of an inspection if the operator is unable to supply
visual evidence that the vessel is properly registered and equipped
as required by this chapter and rules of the commission. The
inspection shall not include an inspection of an area that is not
essential to determine compliance with the provisions of this chapter
and rules of the commission. Section History: Early Form
[82 Acts, ch 1028, § 31] Section History: Recent Form
C83, § 106.66
C93, § 462A.66
2005 Acts, ch 137, §17
462A.67 INSPECTION DEFICIENCY ORDER.
If after performing an inspection the officer determines that the
vessel is not properly registered, numbered, or equipped, the officer
may issue an inspection deficiency order or citation to the operator
of the vessel. The inspection deficiency order may indicate any
deficiencies found to exist during the inspection and shall direct
the owner or operator of the vessel to properly register or number
the vessel or have equipment repairs or replacements made and return
a copy of the inspection deficiency order with proof of compliance
with the registration, numbering, or equipment requirements to the
commission within fourteen days. If such proof is not provided
within fourteen days, the owner or operator is in violation of this
chapter. Section History: Early Form
[82 Acts, ch 1028, § 32] Section History: Recent Form
C83, § 106.67
C93, § 462A.67
462A.68 TERMINATION OF USE.
A vessel for which an inspection deficiency order has been issued
shall cease to be used as soon as possible and shall not be launched
upon the waters of this state under the jurisdiction of the
commission until the vessel is in compliance with the registration,
numbering, or equipment requirement for which the order was issued.
Section History: Early Form
[82 Acts, ch 1028, § 33] Section History: Recent Form
C83, § 106.68
C93, § 462A.68
462A.69 PUBLIC USE OF WATER FOR NAVIGATION
PURPOSES.
Water occurring in any river, stream, or creek having definite
banks and bed with visible evidence of the flow of water is flowing
surface water and is declared to be public waters of the state of
Iowa and subject to use by the public for navigation purposes in
accordance with law. Land underlying flowing surface water is held
subject to a trust for the public use of the water flowing over it.
Such use is subject to the same rights, duties, limitations, and
regulations as presently apply to meandered streams, or other streams
deemed navigable for commercial purposes and to any reasonable use by
the owner of the land lying under and next to the flowing surface
water. Section History: Early Form
[82 Acts, ch 1028, § 34] Section History: Recent Form
C83, § 106.69
C93, § 462A.69
462A.70 HULL IDENTIFICATION, CAPACITY PLATES, WARNING
LABELS.
1. Altering or changing numbers on plates.
a. A person shall not with fraudulent intent, deface,
destroy, or alter the hull identification number, capacity plate, or
any other plate, warning label, or instrument required by state or
federal law on a vessel or component part nor shall a person place or
stamp a hull identification number, capacity plate, or any other
warning label or instrument upon a vessel or component part except
one assigned thereto by state or federal law.
b. This section does not prohibit the restoration of an
original hull identification number, capacity plate, or any other
original plate, warning label, or instrument required by state or
federal law when the restoration is made by the commission nor
prevent a manufacturer from placing in the ordinary course of
business numbers, plates, or marks upon vessels or component parts.
2. Test to determine true number or plate. When it appears
that a hull identification number, capacity plate, or any other
plate, warning label, or instrument required by state or federal law
has been altered, defaced, or tampered with, a peace officer or
inspector employed by the commission or any other person acting under
the direction of a peace officer or inspector, may apply any
recognized process or test to the vessel or part containing such
number or plate for the purpose of determining the true number or
plate content.
3. Right of inspection. Peace officers or examiners employed
by the commission may inspect any vessel or component part in
possession of any person or found upon the waters of this state under
the jurisdiction of the commission or in a public mooring or storage
area or enclosure in which vessels or component parts are kept for
sale, storage, hire, or repair and to determine vessel or component
part identification may board the vessel or enter the public mooring
or storage area or enclosure.
4. Penalty. A person who is convicted of a violation of any
of the provisions of this section or rules adopted under this section
by the commission is guilty of a class "D" felony. Section History: Early Form
[82 Acts, ch 1028, § 35] Section History: Recent Form
C83, § 106.70
C93, § 462A.70
462A.71 RECIPROCITY.
The director, with the consent of the commission, may enter into
agreements with the appropriate regulatory agencies of other states
as necessary or convenient to carry out the purposes of this chapter
and not inconsistent with this chapter, and may do all acts contained
in the agreements.
The agreements may include, but are not restricted to, the
following provisions:
1. Regulations in regard to registration, numbering, and
equipment of vessels.
2. Operating requirements for vessels and vessel operators.
3. Enforcement activity of officers. Section History: Early Form
[82 Acts, ch 1028, § 36] Section History: Recent Form
C83, § 106.71
C93, § 462A.71
462A.72 THROUGH 462A.76 Reserved.
462A.77 OWNER'S CERTIFICATE OF TITLE -- IN GENERAL.
1. Except as provided in subsection 3, an owner of a vessel
seventeen feet or longer in length principally used on the waters of
the state and to be numbered pursuant to section 462A.4 shall apply
to the county recorder of the county in which the owner resides for a
certificate of title for the vessel. The requirement of a
certificate of title does not apply to canoes, kayaks, or inflatable
vessels regardless of length.
2. Each certificate of title shall contain the information and
shall be issued in a form the department prescribes.
3. a. A person who, on January 1, 1988, is the owner of a
vessel seventeen feet or longer in length with a valid certificate of
number issued by the state is not required to file an application for
a certificate of title for the vessel. A person who, on or after
January 1, 1988, purchases a vessel seventeen feet or longer in
length which was registered with a valid certificate of number issued
by this state before January 1, 1988, shall obtain a certificate of
title for the vessel.
b. A person who is the owner of a vessel that is documented
with the United States coast guard is not required to file an
application for a certificate of title for the vessel and the vessel
is exempt from the requirements of section 462A.82, subsections 1 and
2, and section 462A.84.
4. Every owner of a vessel subject to titling under this chapter
shall apply to the county recorder for issuance of a certificate of
title for the vessel within thirty days after acquisition. The
application shall be on forms the department prescribes, and
accompanied by the required fee. The application shall be signed and
sworn to before a notary public or other person who administers
oaths, or shall include a certification signed in writing containing
substantially the representation that statements made are true and
correct to the best of the applicant's knowledge, information, and
belief, under penalty of perjury. The application shall contain the
date of sale and gross price of the vessel or the fair market value
if no sale immediately preceded the transfer, and any additional
information the department requires. If the application is made for
a vessel last previously registered or titled in another state or
foreign country, it shall contain this information and any other
information the department requires.
5. If a dealer buys or acquires a used vessel for resale, the
dealer shall report the acquisition to the county recorder on the
forms the department provides, or the dealer may apply for and obtain
a certificate of title as provided in this chapter. If a dealer buys
or acquires a used unnumbered vessel, the dealer shall apply for a
certificate of title in the dealer's name within fifteen days. If a
dealer buys or acquires a new vessel for resale, the dealer may apply
for a certificate of title in the dealer's name.
6. Every dealer transferring a vessel requiring titling under
this chapter shall assign the title to the new owner, or in the case
of a new vessel assign the certificate of origin. Within fifteen
days the dealer shall forward all moneys and applications to the
county recorder.
7. The county recorder shall maintain a record of any certificate
of title which the county recorder issues and shall keep each
certificate of title on record until the certificate of title has
been inactive for five years.
8. A person shall not sell, assign, or transfer a vessel titled
by the state without delivering to the purchaser or transferee a
certificate of title with an assignment on it showing title in the
purchaser or transferee. A person shall not purchase or otherwise
acquire a vessel required to be titled by the state without obtaining
a certificate of title for it in that person's name.
9. A person who owns a vessel which is not required to have a
certificate of title may apply for and receive a certificate of title
for the vessel and the vessel shall subsequently be subject to the
requirements of this division as though the vessel was required to be
titled. Section History: Recent Form
87 Acts, ch 134, § 4
CS87, § 106.77
88 Acts, ch 1008, § 2; 92 Acts, ch 1073, § 1
C93, § 462A.77
96 Acts, ch 1020, § 1; 97 Acts, ch 23, § 55; 2005 Acts, ch 137,
§18
462A.78 FEES -- SURCHARGE -- DUPLICATES.
1. a. The county recorder shall charge a five dollar fee to
issue a certificate of title, a transfer of title, a duplicate, or a
corrected certificate of title.
b. In addition to the fee required under paragraph "a",
and sections 462A.82 and 462A.84, a surcharge of five dollars shall
be required.
2. If a certificate of title is lost, stolen, mutilated,
destroyed, or becomes illegible, the first lienholder or, if there is
none, the owner named in the certificate, as shown by the county
recorder's records, shall within thirty days obtain a duplicate by
applying to the county recorder. The applicant shall furnish
information the department requires concerning the original
certificate and the circumstances of its loss, mutilation, or
destruction. Mutilated or illegible certificates shall be returned
to the department with the application for a duplicate.
3. The duplicate certificate of title shall be marked plainly
"duplicate" across its face, and mailed or delivered to the
applicant.
4. If a lost or stolen original certificate of title for which a
duplicate has been issued is recovered, the original shall be
surrendered promptly to the department for cancellation.
5. The funds collected under subsection 1, paragraph "a",
shall be placed in the general fund of the county and used for the
expenses of the county conservation board if one exists in that
county. Of each surcharge collected as required under subsection 1,
paragraph "b", the county recorder shall remit five dollars to
the department of revenue for deposit in the general fund of the
state. Section History: Recent Form
87 Acts, ch 134, § 5
CS87, § 106.78
91 Acts, ch 267, §606
C93, § 462A.78
95 Acts, ch 219, §42; 2003 Acts, ch 145, §286
462A.79 OBTAINING MANUFACTURER'S OR IMPORTER'S
CERTIFICATE OF ORIGIN.
A manufacturer or dealer shall not transfer ownership of a new
vessel required to be titled without supplying the transferee with
the manufacturer's or importer's certificate of origin signed by the
manufacturer's or importer's authorized agent. The certificate shall
contain information the department requires. The department may
adopt rules providing for the issuance of a certificate of origin for
a vessel by the department upon good cause shown by the owner. Section History: Recent Form
87 Acts, ch 134, § 6
CS87, § 106.79
88 Acts, ch 1008, § 3
C93, § 462A.79
462A.80 HULL IDENTIFICATION NUMBER OF VESSEL.
1. Every vessel whose construction began after October 31, 1972,
shall have a hull identification number assigned and affixed as
required by the federal Boat Safety Act of 1971. The department
shall determine the procedures for application and for issuance of
the hull identification number for homebuilt boats.
2. A person shall not destroy, remove, alter, cover, or deface
the manufacturer's hull identification number, the plate bearing it,
or any hull identification number the department assigns to a vessel
without the department's permission.
3. A person other than a manufacturer who constructs a vessel or
uses an unconventional device as a vessel for navigation shall submit
an affidavit which describes the vessel or device to the department.
In cooperation with the county recorder, the department shall assign
a hull identification number to the vessel or device. The applicant
shall cause the number to be carved, burned, stamped, embossed, or
otherwise permanently affixed to the outboard side of the transom or,
if there is no transom, to the outermost starboard side at the end of
the hull that bears the rudder or other steering mechanism, above the
waterline of the vessel or device in such a way that alteration,
removal, or replacement would be obvious and evident. Section History: Recent Form
87 Acts, ch 134, § 7
CS87, § 106.80
C93, § 462A.80
462A.81 DEALER'S RECORD OF VESSELS BOUGHT, SOLD, OR
TRANSFERRED.
Every dealer shall maintain for three years a record of any vessel
bought, sold, exchanged, or received for sale or exchange. This
record shall be open to inspection by department representatives
during reasonable business hours. Section History: Recent Form
87 Acts, ch 134, § 8
CS87, § 106.81
C93, § 462A.81
462A.82 TRANSFER OR REPOSSESSION OF VESSEL BY
OPERATION OF LAW -- COAST GUARD DOCUMENTATION OF VESSEL.
1. If ownership of a vessel is transferred by operation of law,
such as by inheritance, order in bankruptcy, insolvency, replevin, or
execution sale, the transferee, within thirty days after acquiring
the right to possession of the vessel by operation of law, shall mail
or deliver to the county recorder satisfactory proof of ownership as
the county recorder requires, together with an application for a new
certificate of title, and the required fee. A title tax is not
required on these transactions.
2. If a lienholder repossesses a vessel by operation of law and
holds it for resale, the lienholder shall secure a new certificate of
title and shall pay the required fee.
3. If a vessel is documented with the United States coast guard,
the owner shall mail or deliver to the county recorder proof of the
documentation and the owner's certificate of title issued pursuant to
this chapter is canceled upon the delivery. A title tax is not
required on these transactions. Section History: Recent Form
87 Acts, ch 134, § 9
CS87, § 106.82
C93, § 462A.82
96 Acts, ch 1020, § 2
Referred to in § 462A.77, 462A.78
462A.83 SECURITY INTEREST IN VESSELS -- EXEMPTIONS.
This division does not apply to or affect any of the following:
1. A lien given by statute or rule of law to a supplier of
services or materials for a vessel.
2. A lien given by statute to the United States, this state, or
any political subdivision of this state.
3. A security interest in a vessel created by a manufacturer or
dealer who holds the vessel for sale, but a buyer in the ordinary
course of trade from the manufacturer or dealer takes free of the
security interest.
4. A lien arising out of an attachment of a vessel.
5. A security interest claimed on proceeds if the original
security interest did not have to be noted on the certificate of
title in order to be perfected.
6. A vessel for which a certificate of title is not required
under this chapter.
7. A security interest perfected under chapter 554 before January
1, 1988. Section History: Recent Form
87 Acts, ch 134, § 10
CS87, § 106.83
C93, § 462A.83
462A.84 PERFECTION AND TITLES -- FEE.
1. A security interest created in this state in a vessel required
to have a certificate of title is not perfected until the security
interest is noted on the certificate of title.
a. To perfect the security interest, an application for
security interest must be presented along with the original title.
The county recorder shall note the security interest on the face of
the title and on the copy in the recorder's office.
b. The application fee for a security interest is five
dollars. The fees shall be credited to the county general fund.
2. The certificate of title shall be presented to the county
recorder when the application for security interest or for assignment
of the security interest is presented and a new or endorsed
certificate of title shall be issued to the secured party with the
name and address of the secured party upon it.
3. When a security interest is discharged, the secured party
shall note the cancellation of the security interest on the face of
the certificate of title and send the title by first class mail to
the office of the county recorder where the title was issued, or the
secured party shall send a notarized letter by first class mail to
the county recorder where the title was issued notifying the county
recorder of the cancellation of the security interest. The county
recorder shall note the release of the security interest in the
county records as evidence of the release of the security interest.
Section History: Recent Form
87 Acts, ch 134, § 11
CS87, § 106.84
88 Acts, ch 1008, § 4
C93, § 462A.84
2007 Acts, ch 28, §12
Referred to in § 462A.77, 462A.78
462A.85 FORMS -- INVESTIGATIONS.
1. The department shall prescribe and provide suitable forms for
applications, certificates of title, notices of security interests,
and all other notices and forms necessary to carry out this division.
2. The department may make necessary investigations to procure
information required to carry out this division. Section History: Recent Form
87 Acts, ch 134, § 12
CS87, § 106.85
88 Acts, ch 1008, § 5
C93, § 462A.85