History: 1971 act replaced "commission", referring to boating commission, with "commissioner", referring to commissioner of environmental protection; P.A. 73-257 required that ID numbers be applied for to commissioner of motor vehicles
rather than commissioner of environmental protection, increased fee from five to ten dollars, included commissioner of
motor vehicles in provision re information on certificate and changed validity period from three years to one year in Subsec.
(a) and made technical change to Subsec. (b) for clarity; P.A. 74-302 added provision re affidavit in Subsec. (a) and revised
expiration provision in Subsec. (b) so that licenses expire on same date (last day of April) rather than one year from date
of issue; P.A. 81-423 substituted "registration" for "identification" numbers and "vessels" for "motorboats" and raised fee
from ten to fifteen dollars; P.A. 82-436 amended Subsec. (a) by requiring that applications by marine dealers for registration
numbers are subject to approval by the commissioner of environmental protection, and increased fee for each such registration number from fifteen dollars to twenty-five dollars; P.A. 84-268 transferred authority to receive applications for registration numbers and to notify dealers of impending expiration dates from motor vehicles commissioner to environmental
protection commissioner; P.A. 94-188 amended Subsec. (a) to add provisions re marine engine manufacturers and amended
Subsec. (b) by deleting "solely" after "prescribes" and by including vessels used by marine engine manufacturers for the
sole purpose of testing or demonstrating marine engines manufactured or repaired by them; P.A. 99-114 amended Subsec.
(a) to increase the fee for a marine dealer or marine engine manufacturer registration number from twenty-five to fifty
dollars, provide that such funds be deposited into the boating account of the Conservation Fund, provide for the carrying
of a copy of the certificate, and provide that a number or certificate may not be used on more than one vessel at a time,
amended Subsec. (b) to allow operation of vessels with such numbers for purposes of repair or transport and add provision
re presumption that a vessel displaying a marine dealer's registration number is properly registered, and added Subsecs.
(c), (d) and (e) re restrictions on use of vessels with such numbers; P.A. 05-76 amended Subsec. (d) by adding Subdivs.
(9), (10) and (11) to expand marine dealer and full-time employee use of vessels to permit business or personal use and
use to obtain or deliver repair parts, effective June 2, 2005.
Sec. 15-149a. Reporting of accidents. Responsibilities of towboat operators.
(a) Any person operating a vessel upon the waters of this state which vessel is in any
manner involved in an accident in which any person dies, is injured so as to require
medical attention, or disappears, shall immediately notify the nearest law enforcement
agency having jurisdiction over such accident and, not later than forty-eight hours after
such accident, report the matter in writing to the Commissioner of Environmental Protection. The report shall be on a form prescribed by the commissioner and shall state as
accurately as possible the time, place and cause of such accident, the injuries occasioned
by the accident and any other facts the commissioner deems necessary. If such operator
is physically incapable of notifying the nearest law enforcement agency or of making
such report and there is another participant or passenger in the accident not incapacitated,
such participant or passenger shall immediately notify the nearest law enforcement
agency having jurisdiction over such accident and make the report to the commissioner
not later than forty-eight hours after such accident. Any person operating a vessel upon
the waters of this state which is in any manner involved in an accident in which the total
damages to all property affected by such accident, including property of such operator,
is in excess of five hundred dollars, such person shall, not later than five days after
such accident, report the matter in writing to the commissioner on such forms as said
commissioner may prescribe. If there is no person other than the owner capable of
making such report or if the report has not been submitted and the owner of such vessel
is not incapacitated, such owner shall, not later than five days after learning of the
facts of such accident, report the matter to the commissioner, on such forms as said
commissioner may prescribe. Any such operator of a vessel, or surviving participant or
passenger in any such accident, or the owner of the vessel involved in any such accident,
shall provide any other information or additional report as the commissioner shall require. Failure of any person to comply with any provision of this subsection shall be an
infraction.
(b) Except in an emergency, no vessel towboat operator who for a fee or other
compensation conducts vessel towing services for recreational boaters shall take under
tow any vessel which has been involved in a boating accident or has been abandoned
without first notifying federal, state or municipal law enforcement authorities and the
owner of the vessel. In the event circumstances are such that the vessel should be immediately towed to safety to prevent loss of the vessel or injury to passengers, the towboat
operator shall immediately notify such authorities upon reaching safe harbor. Failure
to notify law enforcement authorities and the vessel owner as required by the provisions
of this subsection shall be an infraction.
(P.A. 87-505, S. 3, 9; P.A. 96-82; 96-118, S. 6; P.A. 05-133, S. 3.)
History: P.A. 96-82 amended Subsec. (a) to provide for more detailed procedures for reporting of boating accidents
and added Subsec. (b) re responsibilities of vessel towboat operators in postaccident towing; P.A. 96-118 amended Subsec.
(a) to make a minor grammatical correction; P.A. 05-133 required notification of accident to nearest law enforcement
agency "having jurisdiction over such accident" not later than, rather than within, forty-eight hours after accident and made
a technical change in Subsec. (a).
Sec. 15-154. Enforcement. Refusal to stop vessel or take vessel to designated
area. Penalties. (a) Any harbor master, deputy harbor master, conservation officer,
special conservation officer or state police officer and any municipal police officer,
any special police officer appointed under sections 29-18 and 29-19, any town marine
officers appointed under section 15-154a and certified by the commissioner for marine
police duty and any lake patrolman appointed under section 7-151b may enforce the
provisions of this chapter and chapter 446k, except that only peace officers shall enforce
the provisions of subsection (d) of section 15-133 and sections 15-140l and 15-140n.
In the enforcement of this chapter, such officer may arrest, without previous complaint
and warrant, any person who fails to comply with the provisions of this chapter. Failure
to appear in court pursuant to such arrest, unless excused by the court or the state's
attorney or assistant state's attorney, shall constitute sufficient cause for the suspension
by the Commissioner of Motor Vehicles of the boat registration of the boat involved
for not more than thirty days or until the matter is resolved by the court, whichever is
sooner.
(b) When engaged in the enforcement of this chapter and chapter 446k, such officer
shall have the authority to stop and board any vessel which is under way or which is
moored on the waters of this state for the purposes of (1) examining decals, certificates
and other documents, (2) inspecting safety equipment and waste disposal systems, (3)
determining if the operation of such vessel exceeds the noise levels established in subsection (b) of section 15-129, (4) searching when such officer has probable cause to believe
that any provision of any law of this state or any rule or regulation of the Department
of Environmental Protection relating to boating or water pollution has been violated,
(5) determining compliance with sections 15-140l and 15-140n and subsections (d) and
(e) of section 15-133, when such authorized officer has probable cause to believe said
section or subsection has been violated, and (6) making arrests.
(c) No person operating a vessel shall refuse to stop such vessel or, if sea conditions
make stopping in that area unsafe, refuse to take such vessel to a designated area after
being requested or signalled to do so by such officer. Any person operating a vessel
who refuses to stop or refuses to take such vessel to the designated area shall have
committed an infraction. Any person, when signalled to stop by such officer in a law
enforcement vessel using an audible signal device or flashing blue lights, who operates
such vessel in disregard of such signal so as to (1) interfere with or endanger the operation
of the law enforcement vessel or any other vessel, (2) endanger or cause damage to
property or person, or (3) increase or maintain speed in an attempt to escape or elude
such law enforcement officer shall be guilty of a class A misdemeanor. If such violation
causes the death or serious physical injury of another person, the vessel operator shall
be guilty of a class D felony, and such operator's safe boating certificate, certificate of
personal watercraft operation or right to operate a vessel that requires a certificate shall
be suspended for one year. For any subsequent offense, such operator shall be guilty of
a class D felony, except that if any prior offense by such operator under this section
caused, and such subsequent offense causes, the death or serious physical injury of
another person, such operator shall be guilty of a class D felony for which one year of
the sentence imposed may not be suspended or reduced by the court, and such operator's
safe boating certificate, certificate of personal watercraft operation or right to operate
a vessel that requires a certificate shall be suspended for not less than eighteen months
or more than two years. Proof of the registration number of the vessel shall be prima
facie evidence in any prosecution that the owner was the operator. For purposes of this
subsection, "serious physical injury" means physical injury which creates a substantial
risk of death, or which causes serious disfigurement, serious impairment of health or
serious loss or impairment of the function of any bodily organ.
(d) The Commissioner of Environmental Protection shall publish an enforcement
manual, conduct training and educational sessions, serve as liaison between the enforcement groups and the Superior Court and shall be generally responsible for the overall
coordination of enforcement.
(1961, P.A. 506, S. 21; 1963, P.A. 552, S. 2; 1967, P.A. 170, S. 1; 1969, P.A. 219, S. 1; 1971, P.A. 54, S. 2; 872, S.
391; P.A. 73-257, S. 18, 27; P.A. 74-183, S. 205, 291; P.A. 76-381, S. 34; 76-436, S. 175, 681; P.A. 81-423, S. 14, 25;
P.A. 82-472, S. 38, 48, 183; P.A. 84-268, S. 2; P.A. 87-505, S. 2, 9; P.A. 89-388, S. 9, 23, 27; P.A. 03-244, S. 7; P.A. 04-257, S. 28; P.A. 05-133, S. 2.)
History: 1963 act added volunteer police auxiliary force member to Subsec. (a); 1967 act substituted "chapter" for
"part", amended Subsec. (b) to allow boarding of boat operated in reckless manner, to expand provisions re stopping boat
when signalled to do so and to include provision for fine and added Subsec. (c) re enforcement by boat safety commission;
1969 act provided in Subsec. (a) for suspension of registration for failure to appear in court; 1971 acts allowed enforcement
of chapter provisions by town marine officer and replaced "boating commission" and "commission" with "commissioner"
referring to commissioner of environmental protection; P.A. 73-257 gave enforcement power to special police officer,
extended enforcement to part II of chapter 474 and chapter 474a, replaced references to summons with references to
arrest powers, gave power to suspend registration to motor vehicles commissioner rather than environmental protection
commissioner and deleted provision which allowed arrest only on court order or warrant issued by prosecuting officer and
amended Subsec. (b) to allow officer to stop boats as specified, replacing requirement that patrols be made only in marked
police vessels and that vessels be stopped only if ID number not displayed or if boat is operated recklessly; P.A. 74-183
replaced circuit court with court of common pleas in Subsec. (c); P.A. 76-381 replaced provision for fifty dollar maximum
fine in Subsec. (b) with statement that violator deemed to have committed an infraction; P.A. 76-436 replaced "prosecutor"
with "state's attorney" or "assistant state's attorney" in Subsec. (a) and replaced court of common pleas with superior court
in Subsec. (c), effective July 1, 1978; P.A. 81-423 inserted "vessel" in lieu of "motorboat" where appropriate in Subsec.
(b); P.A. 82-472 divided Subsec. (b) into Subdivs. and made other technical corrections; P.A. 84-268 amended Subsec.
(b) by inserting Subdiv. (3) authorizing an officer to stop and board vessels to determine compliance with noise level
standards and renumbered the remaining Subdivs. accordingly; P.A. 87-505 amended Subsec. (b) by adding provision re
penalty failure to stop a vessel and substituted reference to searching with "probable cause" for reference to searching
without a warrant; P.A. 89-388 amended Subsec. (a) to authorize lake patrolmen to enforce boating law and water pollution
control law and amended Subsec. (b) by adding Subdiv. (5) re probable cause for violations of Sec. 15-133 and renumbering
the remaining Subdiv. Accordingly; P.A. 03-244 amended Subsec. (a) to delete provision re members of volunteer police
auxiliary force and to provide that only peace officers shall enforce Secs. 15-33(d), 15-140l and 15-140n and amended
Subsec. (b) to add reference to Secs. 15-133 (d) and (e), 15-140l and 15-140n and to make technical changes; P.A. 04-257
made technical changes in Subsec. (b), effective June 14, 2004; P.A. 05-133 replaced reference to Sec. 15-33 with reference
to Sec. 15-133 in Subsec. (a), divided Subsec. (b) into Subsecs. (b) and (c), made technical changes, replaced former
provisions re fines with provisions re penalties for refusal to stop vessel or take vessel to designated area if violation causes
serious physical injury to another person and defined "serious physical injury" in Subsec. (c) and redesignated former
Subsec. (c) as Subsec. (d).
Sec. 15-156. Penalties. Operation of vessel while safe boating certificate or certificate of personal watercraft operation refused, suspended or revoked. Jurisdiction. Return of certificate to commissioner. (a) Any person who violates any provision
of this part for which a penalty is not provided shall have committed an infraction.
(b) No person to whom a safe boating certificate or certificate of personal watercraft
operation has been refused, or whose certificate or right to operate a vessel in this state
has been suspended or revoked, shall operate any vessel during the period of such refusal,
suspension or revocation. No person shall operate or cause to be operated any vessel,
the registration of which has been suspended or revoked.
(c) Except as provided in subsection (d) of this section, any person who violates
any provision of subsection (b) of this section shall be fined not less than one hundred
fifty dollars or more than two hundred dollars or imprisoned not more than ninety days,
or be both fined and imprisoned for the first offense, and for any subsequent offense
shall be fined not less than two hundred dollars or more than six hundred dollars or
imprisoned not more than one year, or be both fined and imprisoned.
(d) (1) Any person who operates any vessel during the period such person's certificate or right to operate a vessel in this state is under suspension or revocation on account
of a violation of subsection (d) of section 15-133 or subsection (c) of section 15-154
shall be fined not less than five hundred dollars or more than one thousand dollars and
imprisoned not more than one year. In the absence of any mitigating circumstances, as
determined by the court, thirty consecutive days of the sentence imposed may not be
suspended or reduced in any manner. The court shall specifically state, in writing, for
the record the mitigating circumstances, or the absence thereof.
(2) Any person convicted of reckless operation of a vessel in the first or second
degree while under the influence of intoxicating liquor or any drug, or both, in violation
of section 15-140l or 15-140n, who operates a vessel during the period such person's
certificate or right to operate a vessel in this state is under suspension or revocation, in
addition to any penalties imposed in accordance with said sections or section 15-140o,
shall be fined not less than five hundred dollars or more than one thousand dollars and
imprisoned not more than one year. In the absence of any mitigating circumstances as
determined by the court, thirty consecutive days of the sentence imposed may not be
suspended or reduced in any manner. The court shall specifically state, in writing, for
the record any mitigating circumstances, or the absence thereof.
(3) A court having jurisdiction of a violation of subdivision (1) or (2) of this subsection may prohibit such person from operating any vessel on any waters of this state for
a period of not more than two years. Notice of such suspension shall be transmitted
forthwith by the court to the Commissioner of Environmental Protection and the Commissioner of Motor Vehicles.
(e) Any person who has had a safe boating certificate or certificate of personal
watercraft operation suspended or revoked under subsection (d) of section 15-133 or
section 15-140l, 15-140n or 15-154 shall, not later than two business days after the
suspension or revocation takes effect, return the certificate to the commissioner. If such
person fails to return the certificate to the commissioner, the commissioner shall direct
a conservation law enforcement officer to secure possession thereof and to return the
certificate to the office of the commissioner. Failure of such person to return the certificate shall be an infraction.
(1961, P.A. 506, S. 23; P.A. 73-257, S. 21, 27; P.A. 81-423, S. 16, 25; P.A. 82-223, S. 27; 82-348, S. 3, 6; P.A. 89-388, S. 16, 27; P.A. 05-133, S. 1.)
History: P.A. 73-257 added Subsec. (e) re suspension of privilege to operate boat when conviction made for reckless or
negligent operation while under the influence of intoxicating liquor or drugs; P.A. 81-423 inserted references to registration
consistent with other sections of the act; P.A. 82-348, in conjunction with P.A. 82-223, deleted references to specific
penalties in former Subsecs. (a) to (e) and provided (1) that any violation of a provision in part III of chapter 268 for which
a penalty is not provided shall be an infraction and (2) an increase in fine for any person operating a vessel in violation of
a court prohibition from one hundred to two hundred dollars; P.A. 89-388 amended Subsec. (b) to add provisions re
violations in the first or second degree for consistency with legislative enactment of such violations in 1989; P.A. 05-133
prohibited operation of vessel by person who has had safe boating certificate or certificate of personal watercraft operation
refused, suspended or revoked in new Subsec. (b), provided penalty for violation of Subsec. (b) in new Subsec. (c), provided
penalties for operation of vessel when certificate under suspension or revocation for violation of Sec. 15-133(d) or Sec.
15-154(c) in new Subsec. (d)(1), redesignated existing Subsec. (b) as Subsec. (d)(2) and (3) and expanded penalty provisions
to include person convicted of reckless operation of vessel during period certificate or right to operate is under suspension
or revocation, increase fines and impose possibility of imprisonment, and required return of certificate to commissioner
or commissioner to direct conservation law enforcement officer to secure possession of certificate in new Subsec. (e).