CHAPTER 5. Operation and Equipment of Vessels [650. - 774.4.]
Heading of Chapter 5 amended by Stats. 1970, Ch. 1428.
§§ 650–774.4 · 158 sections
ARTICLE 1. Operation and Equipment §§ 650–674 · 54 sections
- § 650 It is the policy of this state to promote safety for persons and property in and connected with the use and equipment of vessels and to promote uniformity of…
- § 650.1 (a) This chapter shall apply to vessels and associated equipment used, to be used, or carried in vessels used on waters subject to the jurisdiction of this…
- § 651 As used in this chapter, the following definitions apply unless the context clearly requires a different meaning: (a) “Alcohol” means any form or derivative of…
- § 651.1 As used in this chapter, unless the context clearly requires a different meaning, “bather” or “bathing” means a person floating, swimming, wading, or…
- § 651.5 The Department of Motor Vehicles shall provide every person who originally registers, or who acquires the ownership certificate of, a vessel required to be…
- § 652 (a) The department may issue regulations to do all of the following: (1) Establish minimum safety standards for boats and associated equipment. (2) Require the…
- § 652.5 (a) The use of a distinctive blue light as prescribed by the department is reserved for public safety vessels and may be displayed during the day or night…
- § 654 (a) (1) For the purposes of this section, a “muffler” or “muffler system” is a sound suppression device or system that is designed and installed to abate the…
- § 654.03 (a) A person may not manufacture for sale a motorized recreational vessel that is not equipped with a muffler or muffler system, as defined in subdivision (a)…
- § 654.05 (a) The owner of a motorized recreational vessel that is numbered pursuant to Section 9850 of the Vehicle Code, or that is documented by an agency of the…
- § 654.06 No person shall sell or offer for sale at retail any internal combustion engine for use on any motorized recreational vessel which, when operated, exceeds the…
- § 654.1 Boating facilities constructed with funds derived from the state shall be required as a condition for the receipt of such funds to provide shoreside facilities…
- § 654.3 (a) Each diesel powered vessel operating exclusively in California, engaged in the commercial transport of passengers with the capacity to transport 75…
- § 654.5 A person who maliciously throws, hurls, or projects an object by manual, mechanical, or other means at a vessel or an occupant of a vessel on any of the waters…
- § 655 (a) No person shall use any vessel or manipulate water skis, an aquaplane, or a similar device in a reckless or negligent manner so as to endanger the life,…
- § 655.05 (a) No person shall operate a vessel other than a recreational vessel for 24 hours if the person is found by a peace officer to have an alcohol concentration…
- § 655.1 (a) As used in this section, “mechanically propelled vessel” means any vessel actively propelled by machinery, whether or not the machinery is the principal…
- § 655.2 (a) Every owner, operator, or person in command of any vessel propelled by machinery is guilty of an infraction who uses it, or permits it to be used, at a…
- § 655.3 The department may adopt regulations to establish and maintain for the use of vessels and the equipment on vessels on the waters of this state rules of the…
- § 655.4 (a) No person shall serve as a crew member on any charter boat while under the influence of intoxicating liquor, any drug, or the combined influence of…
- § 655.5 (a) Whenever a person convicted of any violation of subdivision (b), (c), (d), (e), or (f) of Section 655 is found by the court to have willfully refused the…
- § 655.6 (a) It is an infraction for a person under the age of 21 years who has 0.01 percent or more, by weight, of alcohol in his or her blood to operate any motorized…
- § 655.7 (a) A person operating a personal watercraft equipped by the manufacturer with a lanyard-type engine cut-off switch shall attach the lanyard to themselves,…
- § 656 (a) It is the duty of the operator of a vessel involved in a collision, accident, or other casualty, so far as the operator can do so without serious danger to…
- § 656.1 The operator of any vessel involved in an accident in the waters of this state who knows or has reason to know that the accident resulted in damage to other…
- § 656.2 In addition to the requirements of Section 656.1, the operator of any vessel involved in an accident in the waters of this state who knows or has reason to…
- § 656.3 In addition to the requirements of Sections 656.1 and 656.2, the operator of any vessel involved in an accident in the waters of this state who knows or has…
- § 656.4 The department is authorized to develop a program of public information and research in the interest of reducing loss of life and property in the operation of…
- § 657 In accordance with any request duly made by an authorized official or agency of the United States, any information compiled or otherwise available to the…
- § 658 (a) No person shall operate a vessel on any waters for towing a person or persons on water skis, an aquaplane, or a similar device unless there is in the…
- § 658.3 (a) A person shall not use a recreational vessel unless all of the following requirements are met: (1) There is at least one wearable personal flotation device…
- § 658.5 (a) Except as provided in subdivision (b), no person under 16 years of age shall operate a vessel powered by a motor of greater than 15 horsepower, except for…
- § 658.7 (a) Failure of the operator of a vessel involved in towing a skier to display or cause to be displayed a ski flag, as described in subdivision (a) of Section…
- § 659 The department may make rules and regulations for the uniform navigational marking of the waters of this state. Such rules and regulations shall not be in…
- § 660 (a) Any ordinance, law, regulation, or rule relating to vessels, which is adopted pursuant to provisions of law other than this chapter by any entity other…
- § 661 (a) Every owner of an undocumented vessel numbered under this code is liable and responsible for the death of or injury to person or property resulting from…
- § 662 A copy of the ordinances or local laws adopted pursuant to this chapter, and of any amendments thereto, shall be filed in the office of the department.
- § 663 Every peace officer of this state or of any city, county, city and county, or other political subdivision of the state shall enforce this chapter and any…
- § 663.1 Notwithstanding any other provision of law, a peace officer may, without a warrant, arrest a person who is involved in an accident in the waters of this state…
- § 663.5 Within the territorial limits of a county, city, or district, a harbor policeman regularly employed and paid as such by the county, city, or district shall…
- § 663.6 Every vessel subject to this chapter, if under way and lawfully ordered to stop and lie to by a peace officer or harbor policeman authorized to enforce the…
- § 663.7 (a) Each county of the state is entitled to receive state financial aid for boating safety and enforcement programs on waters under its jurisdiction as…
- § 664 (a) When any person is arrested for a violation of this chapter or any regulation adopted by the department pursuant to this chapter or any ordinance or local…
- § 665 Any person willfully violating his written promise to appear in court is guilty of a misdemeanor regardless of the disposition of the charge upon which he was…
- § 666 When a person signs a written promise to appear at the time and place specified in the written promise to appear and has not posted bail as provided in Section…
- § 667 In addition to any other court which may be a proper place of trial, any superior court location where cases of that type are tried, within 50 miles by the…
- § 668 (a) Any person who violates subdivision (c) of Section 652, Section 654, 654.05, 654.06, 655.7, 658.3, 659, 673, 674, or 754, or any regulations adopted purs
- § 668.1 (a) A person convicted of a violation of subdivision (a), (b), (c), (d), (e), or (f) of Section 655, or of Section 655.2, 655.6, 655.7, 658, or 658.5, or of…
- § 668.2 The department may grant funds from the Harbors and Watercraft Revolving Fund to local public agencies, nonprofit organizations, and colleges and universities…
- § 668.3 (a) For the purposes of Section 668.1, the department shall approve boating safety courses that it determines provides the course taker with information that…
- § 668.5 (a) The interest of any registered owner of a vessel that has been used in the commission of a violation of subdivision (b) of Section 655 for which the owner…
- § 669 The regulations adopted by the department pursuant to this chapter shall be adopted in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of…
- § 673 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 boat or vessel subject to this code, the…
- § 674 Neither the owner of a boat livery nor his agent or employees shall permit any vessel to be delivered to a renter unless it shall have been provided, either by…
ARTICLE 1.3. Invasive Mussel Infestation Prevention Fee §§ 675–677.5 · 5 sections
- § 675 (a) (1) In addition to the fees imposed pursuant to paragraphs (1) and (2) of subdivision (b) of Section 9853 or Section 9860 of the Vehicle Code, there shall…
- § 676 (a) All moneys deposited in the Harbors and Watercraft Revolving Fund pursuant to Section 675 shall be available, upon appropriation by the Legislature, for…
- § 676.1 Any person or entity that manages any aspect of the water in a reservoir, as defined in Section 6004.5 of the Water Code, where recreational, boating, or…
- § 677 This article does not preempt a special district, city, county, or joint powers authority from adopting local regulations or ordinances related to the…
- § 677.5 For purposes of this article, “invasive mussel” has the same meaning as Section 2303 of the Fish and Game Code.
ARTICLE 1.4. Vessel Operators’ Education and Certification Cards §§ 678–678.15 · 7 sections
- § 678 (a) On or before January 1, 2018, the division shall develop a vessel operator card to be issued pursuant to this article. (b) The division shall issue, or…
- § 678.3 (a) (1) The division shall determine the fees required under this section in amounts sufficient to cover the reasonable costs of the development,…
- § 678.5 (a) The division may develop and provide a vessel operator examination on the division’s Internet Web site. The division shall provide links from the…
- § 678.7 (a) An amount not to exceed four million dollars ($4,000,000) shall, upon appropriation in the annual Budget Act, be transferred from the Harbors and…
- § 678.9 (a) On or before April 1, 2019, and on or before April 1 annually thereafter, the division shall prepare a report that includes all of the following…
- § 678.11 (a) Subject to the schedule in subdivision (b), a person shall not operate on waters subject to the jurisdiction of the state a vessel that is propelled by an…
- § 678.15 (a) A violation of this article is an infraction. (b) A person convicted of an infraction for a violation of this article shall be punished as follows: (1) For…
ARTICLE 1.5. Anthony Farr and Stacy Beckett Boating Safety Act of 2004 §§ 680–685 · 6 sections
- § 680 This act shall be known as the Anthony Farr and Stacy Beckett Boating Safety Act of 2004, and may be cited as Anthony and Stacy’s Law.
- § 681 (a) It is unlawful to operate a motorized vessel or have the engine of a motorized vessel run idle while an individual is teak surfing, platform dragging, or…
- § 682 All state-sponsored boating safety courses and all boating safety courses that require state approval by the Department of Boating and Waterways shall…
- § 683 (a) When a new or used motorized vessel is sold in California, the two carbon monoxide poisoning warning stickers developed by the Department of Boating and…
- § 684 (a) The Department of Motor Vehicles shall insert the Department of Boating and Waterways’ informational brochure and warning stickers about the dangers of…
- § 685 The Department of Boating and Waterways pursuant to subdivision (a) of Section 85.2 may use funds in the Harbors and Watercraft Revolving Fund, created…
ARTICLE 2. Yacht and Ship Brokers §§ 700–740 · 46 sections
- § 700 This article shall be known and may be cited as the Yacht and Ship Brokers Act.
- § 701 Unless the context otherwise requires, the following definitions shall govern the construction of this article: (a) “Broker” means a person who, except as…
- § 702 Except as otherwise provided by law, all records of the department relating to yacht brokers and yacht salesmen shall be open to inspection by the public…
- § 702.5 Any declaration, license, or other record electronically generated or transmitted pursuant to this article shall meet the requirements of a “record” under…
- § 703 (a) The director may, in accordance with the State Civil Service Act (commencing with Section 18500 of the Government Code), select, employ, and fix the…
- § 704 In accordance with the provisions of Section 82 of this code, the commission shall advise the department with respect to all matters relating to the…
- § 705 (a) The director may adopt a seal and such other device for use by the department as it may desire, which may be used to authenticate all papers and documents…
- § 706 The Attorney General shall act as the attorney for the department in all actions and proceedings pursuant to this article and shall render to the department…
- § 707 The division shall publish or cause to be published on or before July 1 of each year a directory of licensed brokers and salespersons and shall post the…
- § 708 (a) No person shall engage in the business of, act in the capacity of, advertise as, or assume to act as a broker or salesperson within this state without…
- § 709 No licensed broker or licensed salesman shall practice any fraud or deceit or make any fraudulent or grossly negligent representation with respect to any act…
- § 710 The definitions of “broker” and “salesperson,” as set forth in Section 701, do not include the following: (a) A person who directly performs any act subject to…
- § 711 No person engaged in the business or acting in the capacity of a licensed broker or salesman within this state shall bring or maintain any action in the courts…
- § 712 (a) No licensed broker shall employ or compensate, directly or indirectly, any person for performing any of the acts within the scope of this article who is…
- § 713 Nothing contained in this article shall preclude a partnership from performing acts for which a broker’s license is required, provided every partner through…
- § 714 A licensed broker who accepts funds from others in connection with any transaction subject to this article who does not, as soon as possible, place those funds…
- § 715 Within one month after the closing of a transaction in which title to a yacht is conveyed from a seller to a purchaser through a licensed broker, the licensee…
- § 716 (a) No broker shall engage in any transaction for which a license is required under this article without first obtaining a signed written authorization to do…
- § 717 Application for a license as a broker shall be made on forms prescribed by the department and shall be signed by the applicant. The application shall be…
- § 718 Application for a license as a salesman shall be made on forms prescribed by the department and shall be signed by the applicant and by the employing broker.…
- § 719 (a) A person shall be deemed qualified to submit an application for a broker’s license if, as shown on the department’s records, the person meets all of the…
- § 720 The department may require proof as it deems advisable concerning the honesty, truthfulness, and good reputation of the applicant for a broker’s or…
- § 721 (a) In addition to any proof of honesty, truthfulness, and good reputation required of any applicant for a broker’s license, the department shall ascertain by…
- § 722 The license first issued to a broker shall be for a period of one year. Such license may be renewed for periods of two years upon filing of the required…
- § 723 The license first issued to a salesman shall be for a period of one year. Such license may be renewed for periods of two years. Applicants for renewal of such…
- § 724 (a) An application on the form prescribed by the department for the renewal of a broker or salesman license shall be filed with the department prior to the…
- § 725 Temporary licenses may be issued to salespersons under the following conditions: (a) The licenses shall be issued for a period not to exceed 60 days and only…
- § 726 (a) A person who fails to renew his license within two years after its expiration may not renew it pursuant to Section 724. Such person may apply and obtain a…
- § 727 The department may issue a certificate of convenience to the executor or administrator of the estate of a deceased broker, or if no executor or administrator…
- § 728 (a) Every license issued to a corporation entitles one officer thereof on behalf of the corporation to engage in the business of broker without the payment of…
- § 729 (a) Every license issued to a partnership entitles one partner thereof on behalf of the partnership to engage in the business of yacht broker without the…
- § 729.5 (a) Any limited liability company licensed by the department as a yacht broker on July 1, 2001, in order to continue to be licensed after that date, shall…
- § 730 (a) Before any broker’s license shall be issued or renewed by the department for any applicant, the applicant shall procure, file, and maintain with the…
- § 731 (a) A cash deposit given instead of the bond required by Section 730 shall be held by the department during the life of the license and for a period of four…
- § 732 The department may deny an application or temporarily suspend or permanently revoke the license of a broker or a salesperson at any time if the licensee, while…
- § 733 The department may deny an application or may suspend or revoke the license of a yacht broker or yacht salesperson who, within four years immediately…
- § 733.5 (a) The division shall require an applicant for a yacht and ship broker or salesperson license, as those terms are defined in Section 701, to undergo a…
- § 734 (a) The department shall not deny, suspend, or revoke a license granted under this article without a hearing, except the department may suspend a license…
- § 735 (a) Every broker shall maintain a definite place of business in this state as his principal office and may establish other branch offices throughout the state.…
- § 735.1 A licensed broker shall retain, for four years, copies of all listings, deposit receipts, canceled checks, trust records, and other documents executed or…
- § 735.2 The department shall accept any electronic record or electronic or digital signature created, generated, sent, communicated, received, or stored by electronic…
- § 736 (a) The division shall adopt regulations setting forth the fees to be charged and collected under this article. The fees shall be sufficient to reimburse the…
- § 737 (a) The proceedings and hearings under this article shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of…
- § 738 (a) Each violation of a section or subdivision of a section of this article, excepting Section 709, is a misdemeanor punishable by a fine not exceeding one…
- § 739 Any person who violates any provision of this article, or any regulation adopted pursuant to this article, is liable for a penalty in an amount not less than…
- § 740 Any action taken in the enforcement of this article shall be commenced within three years of the department’s discovery of the facts constituting the grounds…
ARTICLE 2.5. Stored Vessels § 754 · 1 section
- § 754 (a) Every keeper of a storage facility shall keep a written record of every vessel subject to registration with the Department of Motor Vehicles which is…
ARTICLE 2.9. Accident Liability Protection for Vessels §§ 759–759.24 · 13 sections
- § 759 For purposes of this article, the following provisions shall apply: (a) “Company” means any company, sole proprietorship, firm, partnership, private,…
- § 759.2 The division shall require every for-hire vessel company to procure, and continue in effect so long as the for-hire vessel company continues to offer its…
- § 759.4 The division shall, after a public hearing, set the amount of liability insurance, required by Section 759.2, that is reasonably necessary to provide adequate…
- § 759.6 The protection required under Section 759.2 shall be evidenced by deposit with the division, covering each vessel used or to be used in for-hire vessel…
- § 759.8 With the consent of the division, a copy of an insurance policy, certified by the company issuing it to be a true copy of the original policy, or a photostatic…
- § 759.10 The protection against liability shall be continued in effect so long as the for-hire vessel company continues to offer its services for compensation. The…
- § 759.12 The division may establish rules as are necessary to enforce this article.
- § 759.14 Any for-hire vessel company that knowingly refuses or fails to procure protection against liability, as required by Section 759.2, is guilty of a misdemeanor.
- § 759.16 Following an administrative hearing, the division may impose a penalty of not less than fifty dollars ($50) nor more than one thousand dollars ($1,000) upon…
- § 759.18 (a) Upon filing of the evidence of liability protection pursuant to Section 759.2, the division shall provide a certificate of filing to the for-hire vessel…
- § 759.20 Upon receiving notification of impending cancellation of liability protection pertaining to a for-hire vessel company, the department shall, effective upon the…
- § 759.22 Rules and regulations adopted by the Public Utilities Commission pursuant to its prior authority over insurance of for-hire vessel companies shall remain in…
- § 759.24 This article shall become operative on July 1, 2018.
ARTICLE 3. For-Hire Vessel Operators’ Licenses §§ 760–772 · 12 sections
- § 760 As used in this article, “for-hire vessel” includes any vessel propelled by machinery carrying more than three passengers for hire, except the following: (a) A…
- § 761 No for-hire vessel, while carrying passengers for hire, shall be operated or navigated on the waters of this state except by a person who holds a valid license…
- § 762 An applicant for an operator’s license shall submit his written verified application to the department. The application shall be in such form and contain such…
- § 764 Upon application for an operator’s license, the department shall require an examination of the applicant. The department shall adopt rules and regulations…
- § 765 The examination may include a test of the applicant’s knowledge of safety rules, an actual demonstration of his ability to exercise ordinary and reasonable…
- § 766 Upon completion of the examination, the department may, with or without hearing, issue the operator’s license or issue it for the partial exercise only of the…
- § 767 An operator’s license issued by the department pursuant to the provisions of this article shall be valid for five years from the date of issuance or renewal…
- § 768 (a) The department may suspend or revoke any license issued pursuant to this article on a finding that the licensee has violated any of the provisions in this…
- § 769 The department shall be responsible for administering the licensing of operators of for-hire vessels and for enforcing the provisions of this article, and in…
- § 770 The division shall make rules and regulations to carry out the provisions of this article, including adopting a schedule to establish reasonable fees that…
- § 771 It is unlawful and constitutes a misdemeanor for any person to violate, or to fail to comply with, any provision of this article after April 1, 1964.
- § 772 The authority and power granted to the department in this article shall not be construed to conflict with or diminish in any manner the jurisdiction of the…
ARTICLE 4. Charter Boat Safety §§ 773–774.4 · 14 sections
- § 773 The Legislature finds and declares that the charter boat industry operates in the public interest by providing jobs, nutritious food, education, recreation,…
- § 773.1 This article shall be known and may be cited as the Charter Boat Safety Act of 1983.
- § 773.2 As used in this article, the following definitions shall apply: (a) “For-hire vessel” means a for-hire vessel as defined in Section 4661 of the Public…
- § 773.3 No person shall take or offer to take seven or more passengers on a charter boat unless the vessel is licensed by the United States Coast Guard.
- § 773.4 (a) No operator or charterer shall prevent any person from complying with, or direct any person to violate, any provision of this article, or direct the…
- § 773.5 The operator of a charter boat, or the operator’s employee or agent, shall require each passenger to don a life preserver under any of the following…
- § 773.6 An operator, or the operator’s employee or agent, who directs the passengers to the life preservers while announcing that the passengers are required for their…
- § 773.7 The operator, or the operator’s employee or agent, of a charter boat, prior to getting underway, shall orient each passenger concerning emergency procedures. A…
- § 773.8 (a) A charterer or operator who organizes charter boat trips shall inform each adult passenger as soon as practicable after the passenger contracts or pays for…
- § 774 (a) Every charterer and every charter boat operator shall include in all advertising for any charter trips in the coastal zone, as defined in Section 30103 of…
- § 774.1 No operator of a for-hire vessel shall leave or enter Morro Bay after being directed by the harbormaster of the harbor not to do so because of the condition of…
- § 774.2 The operation of Section 655, 773.5, 773.7, or 774.1 or subdivision (b) of Section 773.8 shall be suspended if the Coast Guard or other appropriate federal…
- § 774.3 (a) Except as provided in Section 774, violation of any provision of this article is a misdemeanor punishable by imprisonment for not more than six months in…
- § 774.4 (a) This article does not impose any mandatory duties upon any public entity to monitor sea or weather conditions or to warn or prevent vessels from leaving or…