(625 ILCS 45/Art. I heading)
ARTICLE I.
DEFINITIONS - APPLICATION - JURISDICTION
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(625 ILCS 45/1-1) (from Ch. 95 1/2, par. 311-1)
Sec. 1-1.
Title
and declaration of intent.
This Act shall be known and may be cited as the " Boat Registration and Safety Act. " 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.
(Source: P.A. 82-783.)
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(625 ILCS 45/1-2) (from Ch. 95 1/2, par. 311-2)
Sec. 1-2. Definitions. As used in this Act, unless the context clearly
requires a different meaning:
"Vessel" or "Watercraft" means every description of watercraft used or
capable of being used as a means of transportation on water, except a
seaplane on the water, air mattress or similar device, and boats
used for concession rides in artificial bodies of water designed and used
exclusively for such concessions.
"Motorboat" means any vessel propelled by machinery, whether or not such
machinery is the principal source of propulsion, but does not include a
vessel which has a valid marine document issued by the Bureau of Customs of
the United States Government or any Federal agency successor thereto.
"Non-powered watercraft" means any canoe, kayak, kiteboard, paddleboard, float tube, or watercraft not propelled by sail, canvas, or machinery of any sort.
"Sailboat" means any watercraft propelled by sail or canvas, including
sailboards. For the purposes of this Act, any watercraft propelled by both
sail or canvas and machinery of any sort shall be deemed a motorboat when
being so propelled.
"Airboat" means any boat (but not including airplanes or hydroplanes)
propelled by machinery applying force against the air rather than the water
as a means of propulsion.
"Dealer" means any person who engages in the business of manufacturing, selling, or dealing in, on consignment or otherwise, any number of new watercraft, or 5 or more used watercraft of any make during the year, including any off-highway vehicle dealer or snowmobile dealer or a person licensed as a new or used vehicle dealer who also sells or deals in, on consignment or otherwise, any number of watercraft as defined in this Act.
"Lifeboat" means a small boat kept on board a larger boat for use in
emergency.
"Owner" means a person, other than lien holder, having title to a
motorboat. The term includes a person entitled to the use or possession of
a motorboat subject to an interest in another person, reserved or created
by agreement and securing payment of performance of an obligation, but the
term excludes a lessee under a lease not intended as security.
"Waters of this State" means any water within the jurisdiction of this
State.
"Person" means an individual, partnership, firm, corporation,
association, or other entity.
"Operate" means to navigate or otherwise use a motorboat or vessel.
"Department" means the Department of Natural Resources.
"Competent" means capable of assisting a skier in case of injury or
accident.
"Personal flotation device" or "PFD" means a device that is approved by
the Commandant, U.S. Coast Guard, under Part 160 of Title 46 of the Code
of Federal Regulations.
"Recreational boat" means any vessel manufactured or used primarily for
noncommercial use; or leased, rented or chartered to another for
noncommercial use.
"Personal watercraft" means a vessel that uses an inboard motor powering
a water jet pump as its primary source of motor power and that is designed
to be operated by a person sitting, standing, or kneeling on the vessel,
rather than the conventional manner of sitting or standing inside the
vessel, and includes vessels that are similar in appearance and operation
but are powered by an outboard or propeller drive motor.
"Specialty prop-craft" means a vessel that is similar in appearance and
operation to a personal watercraft but that is powered by an outboard or
propeller driven motor.
"Underway" applies to a vessel or watercraft at all times except when it
is moored at a dock or anchorage area.
"Use" applies to all vessels on the waters of this State, whether moored
or underway.
(Source: P.A. 97-1136, eff. 1-1-13.)
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(625 ILCS 45/1-3) (from Ch. 95 1/2, par. 311-3)
Sec. 1-3.
Application and jurisdiction.
The Department shall, for the purposes of this Act, have full and
complete jurisdiction of all waters within the boundaries of the State of
Illinois, subject only to the paramount authority of the Federal Government
with reference to the navigation of such stream or streams and further
subject to such powers as may be granted to political subdivisions of the
State. Wherever the provisions of this Act conflict with the laws and
regulations of the Federal Government, the laws and regulations of the
Federal Government shall take precedence.
(Source: P.A. 82-783.)
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(625 ILCS 45/1-4) (from Ch. 95 1/2, par. 311-4)
Sec. 1-4.
The Department is authorized to issue administrative
rules for carrying out, administering and enforcing the provisions
of this Act. The administrative rules shall be promulgated in
accordance with The Illinois Administrative Procedure Act.
Such rules, after becoming effective, shall be enforced
in the same manner as are any other provisions of this Act
and violators thereof are subject to the penalties set out
in this Act.
(Source: P.A. 85-149.)
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(625 ILCS 45/1-5) (from Ch. 95 1/2, par. 311-5)
Sec. 1-5.
The Department is authorized to cooperate with and to enter
into reciprocal agreements with the appropriate departments of the federal
government and other departments or agencies of other states for carrying
out, administering, and enforcing the provisions of this Act.
(Source: P.A. 85-149.)
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