Title 67 — STATE GOVERNMENT AND STATE AFFAIRS

67-7001. Purpose. It is hereby declared to be the policy of the state of Idaho to improve boating safety, to foster the greater development, use and enjoyment of the waters of this state by watercraft and to adopt certain standards for the safe operation and equipment of vessels.…

67-7002. Jurisdiction and authority. This chapter shall apply to all vessels operated on the waters of and over which the state of Idaho shall have jurisdiction. The department is hereby granted authority to carry out the administration of the provisions of this chapter, and to p…

67-7003. Definitions. In this chapter: (1) "Actual physical control" means being in the operator’s position of the vessel with the motor running or with the vessel moving. (2) "Aids to navigation" means such buoys, batons, markers or other fixed objects in the water that are esta…

67-7004. Hull identification number. (1) All vessels, except seaplanes, shall have two (2) identical hull identification numbers permanently displayed and affixed in accordance with federal regulations. (2) A person who builds or imports a vessel for his own use and not for the p…

67-7005. Capacity plate and certification. All vessels, except seaplanes, constructed after November 1, 1972, and manufactured in or used on the waters of this state and under twenty (20) feet in length, except sailboats, canoes, kayaks and inflatable boats, shall have a certific…

67-7006. Capacity plate — Contents. A capacity plate shall bear the following information permanently marked thereon: (1) For all vessels designed for or represented by the manufacturer as being suitable for use with outboard motor: (a) The total weight of person, motor, gear, an…

67-7007. Certification label — Contents. The certification label shall contain the following information in letters no less than one-eighth (1/8) inch in height and the information letters shall contrast with the basic color of the label and identify: (1) The name and address (ci…

67-7008. Certificate of number — Expiration — Fees. (1) Within fifteen (15) days after purchase, or as otherwise provided in this section, the owner of each vessel requiring numbering by the state of Idaho shall file an application for a certificate of number with an assessor or …

67-7008A. Additional fees — deposit into invasive species fund. (1) In addition to any other moneys or fees collected pursuant to the provisions of section 67-7008, Idaho Code, or any other provision of chapter 70, title 67, Idaho Code, all vessels shall pay an additional waterwa…

67-7009. Exemption from numbering provisions. A vessel shall not be required to be numbered under this chapter if it is: (1) Already covered by a number in full force and effect that has been issued to it pursuant to federal law or a federally approved numbering system of another…

67-7010. Unnumbered vessels. It shall be unlawful for an owner of a vessel to have such vessel on the waters of the state of Idaho, or for any person to operate or permit the operation of any vessel on the waters of the state of Idaho, unless it shall have a current certificate o…

67-7012. Advisory committee. The county commissioners of any county may appoint a waterways committee to serve without salary or wage in an advisory capacity relating to maintenance and improvement of waterways and expenditure of moneys deposited in the county vessel account. Mem…

67-7013. Remittance of fees. (1) There is established in the state treasury an account known as the "State Vessel Account," to which shall be credited: (a) Moneys or fees collected by assessors and authorized vendors, under the provisions of this section and section 67-7008, Idah…

67-7014. Administrative fees for vessels. (1) An administrative fee of not more than one dollar and fifty cents ($1.50) may be collected in addition to each vessel license tax collected under the provisions of section 67-7008, Idaho Code. (2) When an assessor collects the fees, t…

67-7015. Safety equipment — Additional regulations. (1) The department is hereby authorized to promulgate rules and regulations establishing equipment requirements for any vessel subject to the provisions of law. Regulations shall be, wherever possible, in conformity with the pro…

67-7016. GROSSLY NEGLIGENT OPERATION. Any person who operates any motorized vessel on the waters of the state of Idaho without due caution and circumspection, and in a manner as to endanger or be likely to endanger any person or property, shall be guilty of grossly negligent oper…

67-7017. Negligent operation. (1) It shall be unlawful for any person to operate any vessel on the waters of the state of Idaho in a careless or heedless manner so as to be indifferent to any person or property of other persons, or at a rate of speed greater than will permit him …

67-7018. Unlicensed commercial vessels. It shall be unlawful for any person to operate, or to permit the operation of any commercial vessel on the waters of the state of Idaho unless the same is currently inspected and licensed as set forth in Title 46, United States Code, sectio…

67-7019. Speed. It shall be unlawful for any person to operate a vessel on the waters of the state of Idaho at a speed or under conditions that cause any damage to or affects the safety of other vessels, docks, shoreline installations or any other property or person.

67-7020. Incapacity of operator. It shall be unlawful for the owner of any vessel or any person having such in charge or in his control to authorize or knowingly permit the same to be operated on the waters of the state of Idaho by any person who by reason of age, physical or men…

67-7021. Divers’ warning. It shall be unlawful for any person to operate or permit the operation of any vessel on the waters of the state of Idaho within one hundred (100) feet of the display of any recognized "diver down" flag or of the international code flag A or Alpha and all…

67-7022. Overloading. It shall be unlawful for any person to operate any vessel loaded with passengers or cargo beyond its safe carrying capacity taking into consideration weather and other existing operating conditions. It is also unlawful for any vessel to exceed the capacity e…

67-7023. Overpowering. It shall be unlawful for any person to operate any vessel with any motor or other propulsion machinery beyond its safe power capacity taking into consideration the type and construction of the vessel and other existing operating conditions. It is also unlaw…

67-7024. Water skiing. (1) It shall be unlawful for the operator of any vessel having in tow or otherwise assisting a person on water skis, aquaplane or similar contrivance to operate or propel the same upon or above any waters of the state of Idaho unless that vessel shall be oc…

67-7025. Interference with navigation. It shall be unlawful for any person to operate any vessel on the water of this state in a manner that shall unreasonably or unnecessarily interfere with other vessels or with free and proper navigation on the waterways of the state. Violatio…

67-7026. Restricted areas. It shall be unlawful for any person to operate a vessel on the water of this state in any area which has been clearly marked in accordance with, and as authorized by the laws of this state, by buoys or some other distinguishing device as a bathing, swim…

67-7027. Collisions, accidents and casualties — Reports. (1) It shall be unlawful for the operator of any vessel on the water of this state to fail to report any accident or casualty occasioned by the operation of a vessel and as herein provided. (2) It shall be the duty of the o…

67-7028. Enforcement. The sheriffs and deputy sheriffs of the respective counties shall be primarily responsible for the enforcement of this chapter and in the exercise of their authority may stop and board any vessel subject to law.

67-7029. Agents of the department. (1) The assessors of various counties of the state shall be agents of the department and shall perform such duties as are prescribed by law. (2) The department may authorize any person to act as agent for the issuance of certificates of number. …

67-7030. Regattas, races, marine events, tournaments and exhibitions. (1) The sheriff in each county may authorize the holding of regattas, marine events, races, tournaments or exhibitions on any waters of this state located within the county. The department may adopt rules and r…

67-7031. Marking of water areas — Procedures — Local rules. (1) The department may make or adopt appropriate rules for the marking of the water areas in this state through the placement of aids to navigation and regulatory markers. Such rules shall establish a marking system of a…

67-7032. Owner’s responsibility — Presumption of consent. (1) The owner of the vessel shall be liable for any injury or damage occasioned by the negligent operation of it, whether the negligence consists of a violation of the provisions of law, or in the failure to observe ordina…

67-7033. Penalties. (1) Unless otherwise specifically provided, any person who shall violate any of the provisions of this chapter or any rule promulgated by the department pursuant to this chapter shall be guilty of an infraction and be punished as provided in section 18-111, Id…

67-7034. Persons under the influence of alcohol, drugs or any other intoxicating substances. (1) (a) It is unlawful for any person who is under the influence of alcohol, drugs or any other intoxicating substances, or who has an alcohol concentration of 0.08, as defined in subsect…

67-7035. Aggravated operating while under the influence of alcohol, drugs or any other intoxicating substances. (1) Any person causing great bodily harm, permanent disability or permanent disfigurement to any person other than himself in committing a violation of the provisions o…

67-7036. Testing blood of persons killed in vessel accidents. The director of the Idaho state police, jointly with the various county coroners, shall provide a system and procedure whereby all coroners in the state of Idaho shall obtain blood samples from all vessel operators who…

67-7037. Test of operator for alcohol concentration, presence of drugs or other intoxicating substances. (1) Any person who operates or is in actual physical control of a vessel on the waters of the state of Idaho shall be deemed to have given his consent to evidentiary testing f…

67-7038. Mufflers and noise restrictions. (1) It shall be unlawful for any person to operate, or permit the operation of, any motorboat on the waters of the state of Idaho unless the motorboat shall at all times be equipped with a muffler or a muffler system in good working order…

67-7039. Vessel titling act. (1) Sections 67-7039 through 67-7041, Idaho Code, shall be known and cited as the "Vessel Titling Act." (2) The Idaho transportation department is hereby granted authority to carry out the administration of the provisions of this act and to promulgate…

67-7040. Application to certain vessels. (1) The provisions of the vessel titling act shall apply to every 2000 and newer model year vessel upon transfer of ownership, and optionally to all other vessels of a model year prior to 2000, effective on and after January 1, 2000, even …

67-7041. Liens and encumbrances — Filing — Notation on certificate — Constructive notice. No lien or encumbrance created on or after January 1, 2000, on any vessel titled under the laws of this state, shall be perfected as against creditors or subsequent purchasers or encumbrance…

67-7050. Reciprocal agreements. (1) The department is authorized to enter into bilateral, reciprocal agreements with other jurisdictions to provide mutual assistance in the disposition of vessel offenses committed by residents of one (1) jurisdiction while in the other jurisdicti…

67-7077. Operation of vessels. It shall be unlawful for any person to operate any vessel on the water of this state: (a) In a negligent manner as prescribed in section 67-7017, Idaho Code, while within one hundred (100) feet of another vessel; or (b) At a speed greater than no wa…

67-7078. Personal watercraft liveries. (1) Any person who offers a personal watercraft for lease, hire, or rent shall: (a) Provide a United States coast guard-approved personal flotation device and any other required safety equipment to all persons who lease, hire, or rent the pe…