[Rev. 11/21/2013 12:12:10 PM--2013]

CHAPTER 488 - WATERCRAFT

GENERAL PROVISIONS

NRS 488.015           Short title.

NRS 488.025           Declaration of policy.

NRS 488.035           Definitions.

NRS 488.045           Regulations of Board of Wildlife Commissioners: Adoption.

NRS 488.055           Regulations of Board of Wildlife Commissioners: Filing and publication.

NRS 488.059           Applicability; local regulation.

OWNERSHIP, REGISTRATION AND NUMBERING

NRS 488.065           Operation of unnumbered or uncertified motorboat prohibited.

NRS 488.075           Number, certificate of number and certificate of ownership: Application; issuance; fees; location of number on boat.

NRS 488.078           Department to submit certain information to Division of Welfare and Supportive Services. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 488.085           Recordation in this State of number previously awarded pursuant to federally approved numbering system of another state.

NRS 488.105           Conformity of state numbering system with federal system.

NRS 488.115           Awarding of certificates of number; authorization of agents; retention of fee by agent; public records.

NRS 488.125           Certificates of number effective for 1 year; renewal.

NRS 488.135           Department to fix date on which certificates of number lapse.

NRS 488.145           Destruction or abandonment of motorboat: Owner to furnish notice to Department; termination of certificate of number.

NRS 488.155           Change of address of holder of certificate of number or ownership: Holder to notify Department and furnish new address; surrender and replacement or alteration of inaccurate certificates.

NRS 488.165           Display of unauthorized number or decal prohibited.

NRS 488.171           Hull numbers: Prohibited acts; assignment to handmade vessels; penalty.

NRS 488.175           Exemption from requirements for numbering and titling; issuance of exempt numbers.

NRS 488.1793         Requirements for transfer of ownership or interest in certain motorboats; exceptions.

NRS 488.1794         Certificate of ownership in beneficiary form: Application; issuance to tenant in common prohibited; contents; effect; revocation; encumbrances; duties of Department; transfer upon death not testamentary.

NRS 488.1795         Transferee to file certificates, pay fee and apply for new certificates.

NRS 488.1797         Requirements for issuance of certificate of ownership.

NRS 488.1801         Owner of motorboat to notify Department of sale or transfer of title or interest; exception; information to be furnished.

NRS 488.1803         Dealer’s report of sale, lease or other transfer; exception.

NRS 488.1805         Interest of registered owner not affected by assignment by legal owner.

NRS 488.1807         Endorsement of certificate upon transfer of title or interest of legal owner; exception.

NRS 488.181           Endorsement of certificate on transfer by registered owner.

NRS 488.1813         Issuance of duplicate certificate on loss, destruction or mutilation of original.

NRS 488.1815         Failure to endorse or deliver certificate to transferee unlawful.

NRS 488.1817         New certificate not required on substitution of security interest between same parties; time limit.

NRS 488.182           Transfer of ownership not required on pledge of security interest.

NRS 488.1823         Procedure for perfection of security interest.

NRS 488.1825         Method prescribed for perfecting security interest is exclusive.

NRS 488.1826         Suspension of certificate of number or validation decal for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of certificate of number or validation decal. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 488.1827         Suspension or revocation of certificate or number if fraudulently obtained or fee was unpaid.

EQUIPMENT

NRS 488.185           Classification of motorboats.

NRS 488.187           Lights.

NRS 488.193           Personal flotation devices; fire extinguishers; flame arrestors; ventilation of bilges; modification of requirements.

NRS 488.195           Muffling devices.

NRS 488.197           Sirens.

NRS 488.257           “Mooring buoy” defined; requirements for colors and lights.

NRS 488.259           Mooring buoy: Permit required; exception; permit for placement in navigable waters.

NRS 488.261           Mooring buoy: Permit for placement in nonnavigable waters; permit for temporary placement; regulations and enforcement.

NRS 488.263           Permit not required for temporary mooring buoy.

NRS 488.265           Anchoring or mooring vessel which obstructs passageway prohibited; exceptions.

NRS 488.285           Mooring to buoy or navigational aid prohibited; interference with buoy or navigational aid without written authorization prohibited; exception; penalties.

ABANDONED VESSELS

NRS 488.291           Abandonment prohibited; evidence of responsibility for abandonment; removal of vessel from public waterway.

NRS 488.293           Authority of peace officer to identify registered owner of vessel abandoned on private property; peace officer to notify Department of removal of abandoned vessel; law enforcement agency to notify owner or holder of security interest regarding location of and procedure for claiming vessel; waiver of interest in vessel; transfer of ownership to law enforcement agency.

BOAT LIVERIES

NRS 488.295           Duties of owner; records and equipment.

REGATTAS AND RACES

NRS 488.305           Authority of Department to authorize events; regulations concerning safety; application for permission; reimbursement of Department; contents of application; compliance with federal law.

DIVERS

NRS 488.310           Display of diver’s flag required; operation of vessel within 100 feet of flag prohibited; operation of vessel within 200 feet of flag limited; exception for emergencies.

DISPOSAL OF WASTE

NRS 488.320           Use of approved marine sanitation device required; unlawful to discharge sewage; regulations; penalties.

OPERATION

Operating Under Influence of Intoxicating Liquor or Controlled or Prohibited Substance

NRS 488.400           Operation of vessel or manipulation of water skis or surfboard recklessly or while intoxicated or under influence of controlled substance prohibited.

NRS 488.405           “Concentration of alcohol of 0.08 or more in his or her blood or breath” defined. [Effective until the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.]

NRS 488.405           “Concentration of alcohol of 0.10 or more in his or her blood or breath” defined. [Effective on the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.]

NRS 488.410           Unlawful acts; penalty. [Effective until the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.]

NRS 488.410           Unlawful acts; penalty. [Effective on the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.]

NRS 488.420           Penalty if death or substantial bodily harm results; exception; segregation of offender; plea bargaining prohibited; affirmative defense; aggravating factor. [Effective until the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.]

NRS 488.420           Penalty if death or substantial bodily harm results; exception; segregation of offender; plea bargaining prohibited; affirmative defense; aggravating factor. [Effective on the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.]

NRS 488.425           Homicide by vessel: Penalty; segregation of offender; plea bargaining prohibited; affirmative defense; aggravating factor. [Effective until the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.]

NRS 488.425           Homicide by vessel: Penalty; segregation of offender; plea bargaining prohibited; affirmative defense; aggravating factor. [Effective on the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.]

NRS 488.427           Penalty for second or subsequent felony; exception; segregation of offender; plea bargaining prohibited; aggravating factor.

NRS 488.430           Evaluation of certain offenders before sentencing.

NRS 488.440           Fee for chemical analysis.

NRS 488.450           Implied consent to preliminary test of breath; failure to submit to test; use of results of test.

NRS 488.460           Implied consent to evidentiary test; exemption from blood test; choice of test; circumstances in which peace officer may direct person to submit to blood test; restrictions on requiring urine test; failure to submit to test.

NRS 488.470           Requirements for evidentiary test of breath to determine concentration of alcohol in breath; use of reasonable force to obtain sample or conduct test.

NRS 488.480           Admissibility of evidence of failure to submit to evidentiary test and results of test; availability of results of test; presumption of accuracy and reliability of testing device; judicial notice of certification of operator of testing device; other evidence not precluded.

NRS 488.490           Opportunity of arrested person to choose qualified person to administer test; substitution of test prohibited.

NRS 488.500           Admissibility of results of blood test in criminal action; immunity from liability for person administering blood test in certain circumstances. [Effective through December 31, 2013.]

NRS 488.500           Admissibility of results of blood test in criminal action; immunity from liability for person administering blood test in certain circumstances. [Effective January 1, 2014.]

NRS 488.510           Presumption that solution or gas used to calibrate or verify calibration of device for testing breath is properly prepared.

NRS 488.520           Analysis of blood of deceased victim of accident involving vessel to determine presence and concentration of alcohol.

 

Aquatic Invasive Species

NRS 488.530           Unlawful acts; inspections; authority of peace officers.

NRS 488.533           Impoundment or quarantine.

NRS 488.536           Fees; decal; exceptions.

 

Miscellaneous Provisions

NRS 488.540           Commission may establish and maintain pilot rules; operator to maintain proper lookout; operation of vessel without required equipment prohibited.

NRS 488.550           Collisions, accidents and other casualties.

NRS 488.560           Transmittal of information regarding collision or accident to federal agency.

 

Prohibited Acts

NRS 488.570           Operation of vessel towing person on water skis, surfboard, inflatable device or similar device; operation of vessel within 100 feet of person being towed.

NRS 488.575           Wearing of personal flotation device by passenger younger than 13 years of age: Duty of person who operates, owns or controls vessel; exceptions.

NRS 488.580           Operation of personal watercraft.

NRS 488.585           Operation of motorboat in excess of certain speed prohibited unless engine cut-off switch is present, connected and operating properly; attachment of engine cut-off switch link.

NRS 488.590           Overloading vessel prohibited.

NRS 488.600           Unlawful operation of vessel: Reduced speed required in certain areas.

NRS 488.610           Unlawful operation of vessel in restricted area; designation and marking of restricted areas.

NRS 488.620           Operation of vessel in area marked for bathing, wading, diving, floating or swimming.

NRS 488.630           Operation of vessel in unsafe condition; penalties.

OPERATION OF MOTORBOATS ON INTERSTATE WATERS; INSTRUCTION IN SAFE BOATING

NRS 488.730           Operation of certain motorboats on interstate waters of State by persons born on or after January 1, 1983: Requirements; presentation to peace officer of certain documentation; duties of certain persons engaged in business of renting or leasing motorboats.

NRS 488.740           Department to certify persons to provide instruction in safe boating; powers and duties of Department concerning courses in safe boating.

NRS 488.750           Persons born on or after January 1, 1983, to submit to Department certification of completion of course or passage of proficiency examination in safe boating; database of certificates.

ENFORCEMENT

NRS 488.900           Enforcement by game wardens and other peace officers; inspection of vessel.

NRS 488.910           Seizure of vessel to preserve evidence of crime; payment of storage fees.

NRS 488.915           Seizure of vessel by peace officer: Criteria; duties of law enforcement agency.

NRS 488.920           Citation; taking person before magistrate.

PENALTIES

NRS 488.950           Penalty for violating provision of chapter: Criminal penalty; authority of court to require successful completion of course in safe boating as prerequisite to operation of motorboat upon interstate waters of State.

_________

GENERAL PROVISIONS

      NRS 488.015  Short title.  This chapter shall be known and may be cited as the Nevada Boat Act.

      (Added to NRS by 1960, 474)

      NRS 488.025  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.

      (Added to NRS by 1960, 473)

      NRS 488.035  Definitions.  As used in this chapter, unless the context otherwise requires:

      1.  “Aquatic invasive species” means an aquatic species which is exotic or not native to this State and which the Commission has determined to be detrimental to aquatic life, water resources or infrastructure for providing water in this State.

      2.  “Aquatic plant material” means aquatic plants or parts of plants that are dependent on an aquatic environment to survive.

      3.  “Commission” means the Board of Wildlife Commissioners.

      4.  “Conveyance” means a motor vehicle, trailer or any other equipment used to transport a vessel or containers or devices used to haul water on a vessel that may contain or carry an aquatic invasive species or aquatic plant material.

      5.  “Decontaminate” means eliminate any aquatic invasive species on a vessel or conveyance in a manner specified by the Commission which may include, without limitation, washing the vessel or conveyance, draining the water in the vessel or conveyance, drying the vessel or conveyance or chemically, thermally or otherwise treating the vessel or conveyance.

      6.  “Department” means the Department of Wildlife.

      7.  “Flat wake” means the condition of the water close astern a moving vessel that results in a flat wave disturbance.

      8.  “Interstate waters of this State” means waters forming the boundary between the State of Nevada and an adjoining state.

      9.  “Legal owner” means a secured party under a security agreement relating to a vessel or a renter or lessor of a vessel to the State or any political subdivision of the State under a lease or an agreement to lease and sell or to rent and purchase which grants possession of the vessel to the lessee for a period of 30 consecutive days or more.

      10.  “Motorboat” means any vessel propelled by machinery, whether or not the machinery is the principal source of propulsion.

      11.  “Operate” means to navigate or otherwise use a motorboat or a vessel.

      12.  “Owner” means:

      (a) A person having all the incidents of ownership, including the legal title of a vessel, whether or not he or she lends, rents or pledges the vessel; and

      (b) A debtor under a security agreement relating to a vessel.

Ê “Owner” does not include a person defined as a “legal owner” under subsection 9.

      13.  “Prohibited substance” has the meaning ascribed to it in NRS 484C.080.

      14.  “Registered owner” means the person registered by the Commission as the owner of a vessel.

      15.  A vessel is “under way” if it is adrift, making way or being propelled, and is not aground, made fast to the shore, or tied or made fast to a dock or mooring.

      16.  “Vessel” means every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water.

      17.  “Waters of this State” means any waters within the territorial limits of this State.

      (Added to NRS by 1960, 474; A 1965, 1060; 1967, 127; 1971, 756; 1979, 911; 1985, 519, 1962; 1991, 853; 1993, 222; 1999, 3430; 2003, 1567; 2011, 2404)

      NRS 488.045  Regulations of Board of Wildlife Commissioners: Adoption.  The Commission may carry out the provisions of this chapter by appropriate regulations.

      (Added to NRS by 1960, 482; A 1965, 1061)

      NRS 488.055  Regulations of Board of Wildlife Commissioners: Filing and publication.  A copy of the regulations adopted pursuant to the provisions of this chapter, and any amendments thereto, shall be filed in the office of the Commission. Rules and regulations shall be published by the Commission in a convenient form.

      (Added to NRS by 1960, 481; A 1965, 1061)

      NRS 488.059  Applicability; local regulation.

      1.  The provisions of this chapter, and of other applicable laws of this state, shall govern the operation, equipment, numbering and all other matters relating thereto whenever any vessel is operated on the waters of this state, or when any activity regulated by this chapter takes place thereon; but nothing in this chapter prevents the adoption of any ordinance or local law relating to operation and equipment of vessels the provisions of which are identical to the provisions of this chapter, amendments thereto or regulations issued thereunder.

      2.  Such ordinances or local laws shall be operative only so long as and to the extent that they continue to be identical to provisions of this chapter, amendments thereto or regulations issued thereunder.

      3.  Any subdivision of this state may, at any time, but only after public notice, make formal application to the Commission for special rules and regulations with reference to 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.

      4.  The Commission may make special rules and regulations with reference to the operation of vessels on any waters within the territorial limits of any subdivision of this state.

      (Added to NRS by 1960, 481; A 1965, 1067)

OWNERSHIP, REGISTRATION AND NUMBERING

      NRS 488.065  Operation of unnumbered or uncertified motorboat prohibited.

      1.  Every motorboat on the waters of this state must be numbered and titled, except as otherwise provided in subsection 4 and NRS 488.175.

      2.  Upon receipt of an original application for a certificate of ownership or for transfer of a certificate of ownership on an undocumented motorboat, the Department may assign an appropriate builder’s hull number to the motorboat whenever there is no builder’s number thereon, or when the builder’s number has been destroyed or obliterated. The builder’s number must be permanently marked on an integral part of the hull which is accessible for inspection.

      3.  A person shall not operate or give permission for the operation of any motorboat on the waters of this state unless:

      (a) The motorboat is numbered in accordance with the provisions of this chapter or with the federally approved numbering system of another state;

      (b) The certificate of number awarded to the motorboat is in effect;

      (c) The identifying number set forth in the certificate of number is displayed on each side of the bow of the motorboat; and

      (d) A valid certificate of ownership has been issued to the owner of any motorboat required to be numbered under this chapter.

      4.  Any person who purchases or otherwise owns a motorboat before January 1, 1972, is not required to obtain title for the motorboat until the person transfers any portion of his or her ownership in the motorboat to another person.

      (Added to NRS by 1960, 474; A 1971, 1378; 1985, 342, 1962; 1993, 1645; 2003, 1567, 2823)

      NRS 488.075  Number, certificate of number and certificate of ownership: Application; issuance; fees; location of number on boat.

      1.  The owner of each motorboat requiring numbering by this State shall file an application for a number and for a certificate of ownership with the Department on forms approved by it accompanied by:

      (a) Proof of payment of Nevada sales or use tax as evidenced by proof of sale by a Nevada dealer or by a certificate of use tax paid issued by the Department of Taxation, or by proof of exemption from those taxes as provided in NRS 372.320.

      (b) Such evidence of ownership as the Department may require.

Ê The Department shall not issue a number, a certificate of number or a certificate of ownership until this evidence is presented to it.

      2.  The application must be signed by the owner of the motorboat and must be accompanied by a fee of $20 for the certificate of ownership and a fee according to the following schedule as determined by the straight line length which is measured from the tip of the bow to the back of the transom of the motorboat:

 

Less than 13 feet.................................................................................................... $20

13 feet or more but less than 18 feet..................................................................... 25

18 feet or more but less than 22 feet..................................................................... 40

22 feet or more but less than 26 feet..................................................................... 55

26 feet or more but less than 31 feet..................................................................... 75

31 feet or more ....................................................................................................... 100

 

Except as otherwise provided in this subsection, all fees received by the Department under the provisions of this chapter must be deposited in the Wildlife Fund Account in the State General Fund and, except as otherwise provided in NRS 488.536, may be expended only for the administration and enforcement of the provisions of this chapter. On or before December 31 of each year, the Department shall deposit with the respective county school districts 50 percent of each fee collected according to the motorboat’s length for every motorboat registered from their respective counties. Upon receipt of the application in approved form, the Department shall enter the application upon the records of its office and issue to the applicant a certificate of number stating the number awarded to the motorboat, a certificate of ownership stating the same information and the name and address of the registered owner and the legal owner.

      3.  A certificate of number may be renewed each year by the purchase of a validation decal. The fee for a validation decal is determined by the straight line length of the motorboat and is equivalent to the fee set forth in the schedule provided in subsection 2. The amount of the fee for issuing a duplicate validation decal is $20.

      4.  The owner shall paint on or attach to each side of the bow of the motorboat the identification number in such manner as may be prescribed by regulations of the Commission in order that the number may be clearly visible. The number must be maintained in legible condition.

      5.  The certificate of number must be available at all times for inspection on the motorboat for which issued, whenever the motorboat is in operation.

      6.  The Commission shall provide by regulation for the issuance of numbers to manufacturers and dealers which may be used interchangeably upon motorboats operated by the manufacturers and dealers in connection with the demonstration, sale or exchange of those motorboats. The amount of the fee for each such a number is $20.

      (Added to NRS by 1960, 475; A 1963, 783; 1965, 1061; 1969, 562; 1971, 757, 1378; 1975, 643, 1747, 1749, 1783, 1785; 1979, 912; 1981, 182; 1983, 333; 1985, 1963; 1987, 854; 1991, 2106; 1993, 1026, 1646; 1995, 553; 2003, 1568, 2553; 2011, 2405, 3155)

      NRS 488.078  Department to submit certain information to Division of Welfare and Supportive Services. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]  The Department shall, upon request of the Division of Welfare and Supportive Services of the Department of Health and Human Services, submit to the Division of Welfare and Supportive Services the name, address and social security number of each person who has been issued a certificate of number or a validation decal and any pertinent changes in that information.

      (Added to NRS by 1997, 2081; A 2003, 1569)

      NRS 488.085  Recordation in this State of number previously awarded pursuant to federally approved numbering system of another state.  The owner of any motorboat already covered by a number in effect which has been awarded to it pursuant to a federally approved numbering system of another state must record the number before operating the motorboat on the waters of this state in excess of the 90-day reciprocity period provided for in NRS 488.175. The recordation must be in the manner and pursuant to the procedure required for the award of a number under NRS 488.075, but no additional or substitute number may be issued.

      (Added to NRS by 1960, 475; A 2003, 2823)

      NRS 488.105  Conformity of state numbering system with federal system.  If an agency of the United States Government has in force an overall system of identification numbering for motorboats within the United States, the numbering system employed pursuant to the provisions of this chapter by the Department must be in conformity therewith.

      (Added to NRS by 1960, 476; A 1965, 1062; 1971, 1379; 1985, 1964; 1993, 1647; 2003, 1569)

      NRS 488.115  Awarding of certificates of number; authorization of agents; retention of fee by agent; public records.

      1.  The Department may award any certificate of number directly or may authorize any person to act as an agent for the awarding thereof. If a person accepts the authorization, the person may be assigned a block of numbers and certificates therefor which upon award, in conformity with the provisions of this chapter and with any regulations of the Commission, is valid as if awarded directly by the Department. At the time an agent forwards the money collected to the Department the agent may retain $1 per certificate of number.

      2.  All records of the Department made or kept pursuant to this section are public records.

      (Added to NRS by 1960, 476; A 1965, 1062; 1971, 758, 1379; 1975, 912; 1985, 1964; 1993, 1028, 1647; 1995, 554; 2003, 1569, 2554)

      NRS 488.125  Certificates of number effective for 1 year; renewal.

      1.  Every certificate of number awarded pursuant to the provisions of this chapter shall continue in full force and effect for a period of 1 year unless sooner terminated or discontinued in accordance with the provisions of this chapter.

      2.  Certificates of number may be renewed by the owner pursuant to subsection 3 of NRS 488.075.

      (Added to NRS by 1960, 476; A 1965, 1062; 1993, 1027)

      NRS 488.135  Department to fix date on which certificates of number lapse.  The Department shall fix a day and month of the year on which certificates of number due to expire during the calendar year lapse unless renewed pursuant to the provisions of this chapter.

      (Added to NRS by 1960, 476; A 1965, 1062; 1971, 1380; 1985, 1964; 1993, 1647; 2003, 1569)

      NRS 488.145  Destruction or abandonment of motorboat: Owner to furnish notice to Department; termination of certificate of number.

      1.  The owner shall furnish the Department notice of the destruction or abandonment of any motorboat numbered under this chapter, within 10 days thereof.

      2.  Such destruction or abandonment terminates the certificate of number for the motorboat.

      (Added to NRS by 1960, 476; A 1965, 1062; 1971, 758, 1380; 1975, 644; 1985, 1965; 1993, 1647; 2003, 1569)

      NRS 488.155  Change of address of holder of certificate of number or ownership: Holder to notify Department and furnish new address; surrender and replacement or alteration of inaccurate certificates.

      1.  Any holder of a certificate of number and a certificate of ownership shall notify the Department, within 10 days, if the holder’s address no longer conforms to the address appearing on the certificates and shall, as a part of the notification, furnish the Department with his or her new address.

      2.  The Commission may provide in its regulations for the surrender of the certificates bearing the former address and its replacement with new certificates bearing the new address or for the alteration of outstanding certificates to show the new address of the holder.

      (Added to NRS by 1960, 476; A 1965, 1063; 1971, 758, 1380; 1975, 644; 1985, 1965; 1987, 856; 1993, 1647; 2003, 1570)

      NRS 488.165  Display of unauthorized number or decal prohibited.  No number or decal other than the number or decal awarded to a motorboat or granted reciprocity pursuant to the provisions of this chapter may be painted, attached or otherwise displayed on either side of the bow of such motorboat. Only the current decal may be displayed or otherwise attached on either side of the bow of such motorboat.

      (Added to NRS by 1960, 477; A 1971, 759)

      NRS 488.171  Hull numbers: Prohibited acts; assignment to handmade vessels; penalty.

      1.  A person shall not:

      (a) Intentionally deface, destroy, remove or alter any hull number required for a vessel without written authorization from the Department; or

      (b) Place or stamp any serial number upon a vessel except a number assigned to the vessel by the Department.

      2.  This section does not prohibit:

      (a) The restoration of the original hull number by an owner of a vessel when the restoration is authorized by the Department; or

      (b) Any manufacturer from placing numbers or marks in the ordinary course of business upon new vessels or parts of vessels.

      3.  The Department shall, upon request, assign a hull number to any handmade vessel.

      4.  Any person who violates subsection 1 is guilty of a gross misdemeanor.

      (Added to NRS by 1971, 1378; A 1987, 762; 1993, 1648; 2003, 1570)

      NRS 488.175  Exemption from requirements for numbering and titling; issuance of exempt numbers.

      1.  Except as otherwise provided in subsection 2, a motorboat need not be numbered pursuant to the provisions of this chapter if it is:

      (a) Already covered by a number in effect which has been awarded or issued to it pursuant to a federally approved numbering system of another state if the boat has not been on the waters of this State for a period in excess of 90 consecutive days.

      (b) A motorboat from a country other than the United States temporarily using the waters of this State.

      (c) A public vessel of the United States, a state or a political subdivision of a state.

      (d) A ship’s lifeboat.

      (e) A motorboat belonging to a class of boats which has been exempted from numbering by the Department after the Department has found:

             (1) That the numbering of motorboats of that class will not materially aid in their identification; and

             (2) If an agency of the Federal Government has a numbering system applicable to the class of motorboats to which the motorboat in question belongs, that the motorboat would also be exempt from numbering if it were subject to the federal law.

      2.  The Department may, by regulation, provide for the issuance of exempt numbers for motorboats not required to be registered under the provisions of this chapter.

      3.  A motorboat need not be titled pursuant to the provisions of this chapter, if it is:

      (a) Covered by a certificate of ownership which has been awarded or issued to it pursuant to the title system of another state; or

      (b) Documented pursuant to 46 U.S.C. §§ 12101 et seq.

      (Added to NRS by 1960, 479; A 1963, 260; 1965, 1063; 1971, 759, 1380; 1973, 631; 1977, 134; 1985, 1965; 1993, 1648; 2003, 1570, 2823)

      NRS 488.1793  Requirements for transfer of ownership or interest in certain motorboats; exceptions.  Except as otherwise provided for the creation or transfer of a security interest or the transfer on death of a certificate of ownership pursuant to NRS 488.1794, no transfer of title to or any interest in any motorboat required to be numbered under this chapter is effective until one of the following conditions is fulfilled:

      1.  The transferor has properly endorsed and delivered the certificate of ownership and has delivered the certificate of number to the transferee as provided in this chapter, and the transferee has, within the prescribed time, delivered the documents to the Department or placed them in the United States mail addressed to the Department with the transfer fee.

      2.  The transferor has delivered to the Department or placed in the United States mail addressed to the Department the appropriate documents for the transfer of ownership pursuant to the sale or transfer.

      (Added to NRS by 1971, 1376; A 1985, 1966; 1993, 1648; 2003, 1571; 2007, 991)

      NRS 488.1794  Certificate of ownership in beneficiary form: Application; issuance to tenant in common prohibited; contents; effect; revocation; encumbrances; duties of Department; transfer upon death not testamentary.

      1.  The owner or joint owners of a motorboat may request the Department to issue a certificate of ownership in beneficiary form for the motorboat which includes a directive to the Department to transfer the certificate of ownership upon the death of the owner or upon the death of all joint owners to a beneficiary named on the face of the certificate of ownership.

      2.  A request made pursuant to subsection 1 must be submitted on an application made available by the Department and accompanied by the fee for the issuance of a certificate of ownership.

      3.  A certificate of ownership in beneficiary form may not be issued to a person who holds an interest in a motorboat as a tenant in common with another person.

      4.  A certificate of ownership in beneficiary form must include after the name of the owner, or after the names of joint owners, the words “transfer on death to” or the abbreviation “TOD” followed by the name of the beneficiary.

      5.  During the lifetime of a sole owner or before the death of the last surviving joint owner:

      (a) The signature or consent of the beneficiary is not required for any transaction relating to a motorboat for which a certificate of ownership in beneficiary form has been issued; and

      (b) The certificate of ownership in beneficiary form may be revoked or the beneficiary changed at any time by:

             (1) Sale of the motorboat with proper assignment and delivery of the certificate of ownership to another person; or

             (2) Filing an application with, and paying a fee to, the Department to reissue the certificate of ownership with no designation of a beneficiary or with the designation of a different beneficiary.

      6.  The interest of the beneficiary in a motorboat on the death of the sole owner or on the death of the last surviving joint owner is subject to any contract of sale, assignment or ownership or security interest to which the owner or owners of the motorboat were subject during their lifetime.

      7.  Except as otherwise provided in paragraph (b) of subsection 5, the designation of a beneficiary in a certificate of ownership in beneficiary form may not be changed or revoked by will, any other instrument or a change in circumstances, or otherwise changed or revoked.

      8.  The Department shall, upon:

      (a) Proof of death of one of the owners, of two or more joint owners or of a sole owner;

      (b) Surrender of the outstanding certificate of ownership in beneficiary form; and

      (c) Application and payment of the fee for a certificate of ownership,

Ê issue a new certificate of ownership for the motorboat to the surviving owner or owners or, if none, to the beneficiary, subject to any security interest.

      9.  For the purposes of complying with the provisions of subsection 8, the Department may rely on a death certificate, record or report that constitutes prima facie evidence of death.

      10.  The transfer on death of a motorboat pursuant to this section is not considered as testamentary and is not subject to administration pursuant to the provisions of title 12 of NRS.

      11.  As used in this section:

      (a) “Beneficiary” means a person or persons designated to become the owner or owners of a motorboat on the death of the preceding owner or owners.

      (b) “Certificate of ownership in beneficiary form” means a certificate of ownership of a motorboat that indicates the present owner or owners of the motorboat and designates a beneficiary.

      (Added to NRS by 2007, 990)

      NRS 488.1795  Transferee to file certificates, pay fee and apply for new certificates.  Upon receipt of a properly endorsed certificate of ownership and the certificate of number of any motorboat, the transferee shall within 10 days file the certificates, accompanied by a fee of $20, with the Department and thereby make application for a new certificate of ownership and a new certificate of number.

      (Added to NRS by 1971, 1376; A 1975, 644; 1985, 1966; 1993, 1649; 2003, 1571, 2554)

      NRS 488.1797  Requirements for issuance of certificate of ownership.

      1.  Before the issuance of any certificate of ownership, the Department shall obtain a statement in writing signed by the transferee or transferor, showing:

      (a) The date of the sale or other transfer of ownership of the motorboat.

      (b) The name and address of the seller or transferor.

      (c) The name and address of the buyer or transferee.

      2.  Upon receipt of:

      (a) The properly endorsed certificate of ownership;

      (b) The certificate of number and the required fee;

      (c) The statement of information; and

      (d) Proof that the applicable taxes have been paid,

Ê the Department shall issue a new certificate of ownership and a new certificate of number to the transferee. The previous number may be reassigned to the transferee.

      (Added to NRS by 1971, 1376; A 1975, 644; 1985, 1966; 1987, 856; 1993, 1649; 2003, 1571, 2824)

      NRS 488.1801  Owner of motorboat to notify Department of sale or transfer of title or interest; exception; information to be furnished.  Except for transfers to a beneficiary pursuant to the provisions of NRS 488.1794, any owner of any motorboat numbered under this chapter who sells or transfers his or her title or any interest in the motorboat shall within 10 days notify the Department of the sale or transfer and furnish the following information:

      1.  The name and address of the legal owner and transferee; and

      2.  Such description of the motorboat as may be required by the Department.

      (Added to NRS by 1971, 1376; A 1975, 644; 1985, 1966; 1993, 1649; 2003, 1571; 2007, 991)

      NRS 488.1803  Dealer’s report of sale, lease or other transfer; exception.  Any dealer upon transferring by sale, lease or otherwise any motorboat, whether new or used, required to be numbered under this chapter, shall give written notice of the transfer to the Department upon an appropriate form provided by it. The notice must be given within 3 days after the sale, but a dealer need not give the notice when selling or transferring a new unnumbered motorboat to another dealer.

      (Added to NRS by 1971, 1376; A 1975, 1785; 1985, 1966; 1987, 857; 1993, 1649; 2003, 1572)

      NRS 488.1805  Interest of registered owner not affected by assignment by legal owner.  A legal owner may assign his or her title or interest in or to any motorboat numbered under this chapter to a person other than the registered owner without the consent of and without affecting the interest of the registered owner.

      (Added to NRS by 1971, 1377)

      NRS 488.1807  Endorsement of certificate upon transfer of title or interest of legal owner; exception.  Except for transfers to a beneficiary pursuant to the provisions of NRS 488.1794, upon transfer of the title or any interest of any legal owner in any motorboat numbered under this chapter, the transferor shall write his or her signature, and the transferee shall write his or her signature and address, in the appropriate spaces provided upon the reverse side of the certificate of ownership issued for such motorboat.

      (Added to NRS by 1971, 1377; A 2007, 992)

      NRS 488.181  Endorsement of certificate on transfer by registered owner.  Upon transfer of the title or any interest of the registered owner of any motorboat numbered under this chapter, the registered owner shall write his or her signature and address and the transferee shall write his or her signature and address in the appropriate spaces provided on the reverse side of the certificate of ownership for such motorboat, and the legal owner shall write his or her signature in the space provided for the new legal owner indicating that he or she is to retain legal title and interest.

      (Added to NRS by 1971, 1377)

      NRS 488.1813  Issuance of duplicate certificate on loss, destruction or mutilation of original.

      1.  If a certificate of ownership is lost, stolen, damaged or mutilated, an application for transfer may be made upon a form provided by the Department for a duplicate certificate of ownership. The transferor shall write his or her signature and address in the appropriate spaces provided upon the application and file it together with the proper fees for a duplicate certificate of ownership and transfer.

      2.  The Department may receive the application and examine into the circumstances of the case and may require the filing of affidavits or other information, and when the Department is satisfied that the applicant is entitled to a transfer of ownership, it may transfer the ownership of the motorboat, and issue a new certificate of ownership and certificate of number to the person found to be entitled thereto.

      (Added to NRS by 1971, 1377; A 1985, 1967; 1993, 1650; 2003, 1572)

      NRS 488.1815  Failure to endorse or deliver certificate to transferee unlawful.  It is unlawful for any person to fail or neglect to deliver the certificate of number and, when having possession, to properly endorse, date and deliver the certificate of ownership to a transferee who is lawfully entitled to a transfer of ownership.

      (Added to NRS by 1971, 1377)

      NRS 488.1817  New certificate not required on substitution of security interest between same parties; time limit.  If a security interest in any motorboat numbered under this chapter is satisfied, cancelled or released by the registered owner and legal owner of such motorboat, and within a period of 10 days a new security interest covering the vessel is executed between the same parties, no application for transfer of ownership shall be made, no new certificate of ownership or certificate of number shall be issued, and all provisions of this chapter relating to transfers of any title or interest in a motorboat shall be deemed to have been fully complied with.

      (Added to NRS by 1971, 1377)

      NRS 488.182  Transfer of ownership not required on pledge of security interest.  The transferee of a security interest of any legal owner of any motorboat numbered under this chapter need not make application for transfer of ownership if such security interest arises from a pledge of a security agreement by the legal owner to the pledgee.

      (Added to NRS by 1971, 1377)

      NRS 488.1823  Procedure for perfection of security interest.

      1.  No security interest in any motorboat required to be numbered under this chapter, whether the number was awarded before or after the creation of the security interest, is perfected until the secured party or the successor or assignee of the secured party has deposited with the Department a properly endorsed certificate of ownership to the motorboat subject to the security interest.

      2.  The certificate must show the secured party as legal owner if the motorboat is then numbered under this chapter, or if not so numbered, the registered owner shall file an initial application for a certificate of number and for a certificate of ownership and the certificate of ownership issued thereunder must contain the name and address of the legal owner.

      3.  Upon compliance with subsections 1 and 2, the security interest is perfected and the records of the Department must show the secured party or the successor or assignee of the secured party as the legal owner of the motorboat.

      (Added to NRS by 1971, 1377; A 1985, 1967; 1993, 1650; 2003, 1572)

      NRS 488.1825  Method prescribed for perfecting security interest is exclusive.  The method provided in this chapter for perfecting a security interest in any motorboat required to be numbered is exclusive.

      (Added to NRS by 1971, 1378)

      NRS 488.1826  Suspension of certificate of number or validation decal for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of certificate of number or validation decal. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

      1.  If the Department receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who has been issued a certificate of number or a validation decal, the Department shall deem the certificate of number or validation decal issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Department receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person who has been issued the certificate of number or validation decal stating that the person has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      2.  The Department shall reinstate a certificate of number or validation decal that has been suspended by a district court pursuant to NRS 425.540 if the Department receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose certificate of number or validation decal was suspended stating that the person whose certificate of number or validation decal was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      (Added to NRS by 1997, 2081; A 2003, 1572)

      NRS 488.1827  Suspension or revocation of certificate or number if fraudulently obtained or fee was unpaid.  The Department may suspend or revoke any certificate of ownership, certificate of number or number of any motorboat if it is satisfied that any such certificate or number was fraudulently obtained, or that the appropriate fee was not paid.

      (Added to NRS by 1971, 1378; A 1985, 1967; 1993, 1650; 2003, 1573)

EQUIPMENT

      NRS 488.185  Classification of motorboats.  Motorboats subject to the provisions of this chapter shall be divided into four classes as follows:

 

Class A.  Less than 16 feet in length.

Class 1.  Sixteen feet or over and less than 26 feet in length.

Class 2.  Twenty-six feet or over and less than 40 feet in length.

Class 3.  Forty feet or over.

 

      (Added to NRS by 1960, 477; A 1965, 1063; 1975, 645; 1977, 134)

      NRS 488.187  Lights.

      1.  Every motorboat in all weathers from sunset to sunrise, as established by the Nautical Almanac Office, United States Naval Observatory, Washington, D.C., must carry and exhibit the following lights when underway, and during that time other lights which may be mistaken for those prescribed must not be exhibited:

      (a) Every motorboat of classes A and 1 must carry the following lights:

             (1) A bright white light aft to show all around the horizon.

             (2) A combined lantern in the forepart 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 2 points abaft the beam on their respective sides.

      (b) Every motorboat of classes 2 and 3 must carry the following lights:

             (1) A bright white light in the forepart of the vessel as near the stem as practicable, so constructed as to show an unbroken light over an arc of the horizon of 20 points of the compass, so fixed as to throw the light 10 points on each side of the vessel, from right ahead to 2 points abaft the beam on either side.

             (2) A bright white light aft to show 12 points.

             (3) On the starboard side a green light so constructed as to show an unbroken light over an arc of the horizon of 10 points of the compass, so fixed as to throw the light from right ahead to 2 points abaft the beam on the starboard side. On the port side a red light so constructed as to show an unbroken light over an arc of the horizon of 10 points of the compass, so fixed as to throw the light from right ahead to 2 points abaft the beam on the port side. The side lights must 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 A and 1 when propelled by sail alone must carry the combined lantern in the forepart of the vessel and a white 12-point stern light. Vessels of classes 2 and 3, when so propelled, must carry the colored side lights, fitted so as to prevent these lights from being seen across the bow and a white 12-point stern light.

      2.  Every white light prescribed by this section must be visible at a distance of at least 2 miles. Every colored light prescribed by this section must be visible at a distance of at least 1 mile. As used in this subsection, “visible” means visible on a dark night with clear atmosphere.

      3.  When propelled by sail and machinery a vessel must carry the lights required by this section for a motorboat propelled by machinery only.

      4.  Manually propelled vessels of classes A and 1 must have ready at hand an electric torch or lighted lantern showing a white light which must be exhibited in sufficient time to prevent a collision.

      5.  Any vessel may carry and exhibit the lights required by the Inland Navigational Rules, 34 U.S.C. §§ 2001 et seq., in lieu of the lights required by this section.

      6.  Except for vessels anchored or moored in an area designated by the Commission as an anchoring or mooring area pursuant to the provisions of NRS 488.265, every vessel, whether propelled by sail or machinery, when anchored or moored between sunset and sunrise where other vessels may navigate must display a white light clearly visible in all directions.

      7.  Except as otherwise provided in this subsection, it is unlawful for a person to display a flashing blue light or a flashing red light on a vessel operating on the waters of this state. A vessel of the United States, this state or its political subdivisions or a bordering state under interstate compact may display a flashing blue light when operated by a peace officer engaged in law enforcement activities. A peace officer shall seize, or cause to be seized, a flashing red or blue light installed or operated in violation of this subsection.

      (Added to NRS by 1977, 136; A 1987, 763; 1991, 854; 1993, 863)

      NRS 488.193  Personal flotation devices; fire extinguishers; flame arrestors; ventilation of bilges; modification of requirements.

      1.  Except for a contrivance, propelled by a sail, whose occupant must stand erect, every vessel must carry at least one personal flotation device of a type approved by the United States Coast Guard and prescribed by the regulations of the Commission for each person on board and any person in a vessel being towed, so placed as to be readily accessible for use in an emergency. Every vessel carrying passengers for hire must carry so placed as to be readily accessible for use in an emergency at least one personal flotation device of the sort prescribed by the regulations of the Commission for each person on board. A personal flotation device required by this subsection is readily accessible for use in an emergency if:

      (a) It is being worn; or

      (b) It is stowed where it is quickly reachable and is:

             (1) Ready to wear;

             (2) Out of its original packaging; and

             (3) Not under lock and key.

      2.  In addition to the requirements set forth in subsection 1, unless exempted by the United States Coast Guard or the regulations of the Commission:

      (a) Every vessel which is 16 feet or more in length but less than 26 feet in length, regardless of its method of propulsion, must carry, so placed as to be readily accessible for use in an emergency, a type IV personal flotation device approved by the United States Coast Guard which is capable of being thrown, such as a ring life buoy or buoyant cushion. A type IV personal flotation device required by this paragraph is readily accessible for use in an emergency if it is stowed in close proximity to the operator of the vessel and in a position to be thrown to a person overboard by either the operator or a passenger.

      (b) Except as otherwise provided in this paragraph, every vessel which is 26 feet or more in length, regardless of its method of propulsion, must carry, so placed as to be readily accessible for use in an emergency, a type IV personal flotation device approved by the United States Coast Guard which is capable of being thrown, such as a ring life buoy or buoyant cushion, with not less than 30 feet of throwing line attached. If the vessel is 40 feet or more in length, such a type IV personal flotation device must be carried on both the fore and the aft of the vessel. A type IV personal flotation device required by this paragraph is readily accessible for use in an emergency if it is prominently displayed on a bulkhead, railing or gunwale, and in a position to be thrown to a person overboard by either the operator or a passenger.

      3.  Every motorboat must 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. The fire extinguishers must be of a marine type which has been approved by the United States Coast Guard and kept in condition for immediate and effective use and so placed as to be readily accessible.

      4.  Every motorboat must have the carburetor of every engine therein, except outboard motors, using gasoline as fuel, equipped with such efficient flame arrestor, backfire trap or other similar device as may be prescribed by the regulations of the Commission.

      5.  Every motorboat and every vessel, except open boats, using as fuel any liquid of a volatile nature, must be provided with such means as may be prescribed by the regulations of the Commission for properly and efficiently ventilating the bilges of the engine and compartments for tanks of fuel to remove any explosive or flammable gases.

      6.  The Commission may adopt regulations modifying the requirements for equipment contained in this section to the extent necessary to keep these requirements in conformity with the provisions of the Federal Navigation Laws or with the rules for navigation adopted by the United States Coast Guard.

      (Added to NRS by 1977, 138; A 1981, 167; 1985, 795; 1991, 855; 2005, 492)

      NRS 488.195  Muffling devices.

      1.  The exhaust of every internal combustion engine used on any motorboat must be effectively muffled by equipment so constructed and used as to muffle the noise of the exhaust in a reasonable manner.

      2.  The use of cutouts is prohibited.

      3.  Subsections 1 and 2 do not apply to:

      (a) Motorboats competing in a regatta or boat race approved as provided in NRS 488.305;

      (b) Such motorboats while on trial runs between the hours of 9 a.m. and 5 p.m. and during a period not to exceed 48 hours immediately preceding the regatta or boat race;

      (c) Such motorboats while competing in official trials for speed records during a period not to exceed 48 hours immediately following the regatta or boat race; or

      (d) Any motorboat operating under a separate permit issued by the Department for tuning engines, making test or trial runs or competing in official trials for speed records other than in connection with regattas or boat races.

      4.  The Department shall issue permits for the purposes enumerated in paragraph (a) of subsection 3, under such conditions and restrictions as the Commission determines necessary to prevent a public nuisance and to assure the public safety. The Commission may adopt regulations to carry out the provisions of this subsection.

      (Added to NRS by 1960, 479; A 1969, 102; 1971, 759; 1985, 1967; 1993, 1650; 2003, 1573)

      NRS 488.197  Sirens.

      1.  No vessel may be equipped with nor shall any person use or install upon a vessel a siren, except as otherwise provided in this chapter.

      2.  Any authorized emergency vessel, when approved by the Department, may be equipped with a siren capable of sound audible under normal conditions from a distance of not less than 500 feet, but the siren must not be used except if the vessel is operated in response to an emergency call or in the immediate pursuit of an actual or suspected violator of the law, in which event the operator of the vessel shall sound the siren when necessary to warn persons of the approach thereof.

      (Added to NRS by 1963, 263; A 1965, 1065; 1971, 760; 1985, 1968; 1993, 1651; 2003, 1573)

      NRS 488.257  “Mooring buoy” defined; requirements for colors and lights.

      1.  As used in NRS 488.257 to 488.285, inclusive, unless the context otherwise requires, “mooring buoy” means a float:

      (a) Which is anchored to the bed of a body of water; and

      (b) To which a vessel is fastened through the use of cables, lines, ropes or anchors for the purpose of maintaining the vessel in a stationary position in the water.

      2.  A mooring buoy must be white in color and have a horizontal blue band around the circumference of the buoy which is at least 3 inches in width and centered midway between the top of the buoy and the waterline.

      3.  A mooring buoy which is placed within an area other than an area designated by the Commission as an anchoring or mooring area pursuant to the provisions of NRS 488.265 must display a quick flashing white light between sunset and sunrise. If a vessel is moored to such a buoy, only the vessel must display between sunset and sunrise a white light clearly visible in all directions.

      (Added to NRS by 1993, 861)

      NRS 488.259  Mooring buoy: Permit required; exception; permit for placement in navigable waters.

      1.  Except as otherwise provided in NRS 488.263, a person shall not place any mooring buoy in any waters of this state, other than the Lake Mead National Recreation Area, without a permit issued by:

      (a) The Division of State Lands of the State Department of Conservation and Natural Resources, if the mooring buoy is to be placed in navigable waters.

      (b) The Department, if the mooring buoy is to be placed in any other waters.

      2.  The Division of State Lands shall transmit a copy of each application for a permit for the placement of a mooring buoy in the navigable waters of this state to the Department as soon as practicable after receipt.

      3.  Upon receipt of such a copy, the Department shall review the application to determine whether the placement of the buoy is in the best interests of the State. To determine whether the placement of a mooring buoy is in the best interests of the State, the Department may consider the likelihood that the buoy will:

      (a) Interfere with navigation.

      (b) Become a hazard to persons or wildlife.

      (c) Have any other detrimental effect on the body of water in which it is placed.

      4.  If the Department determines that the permit should be denied, the Department shall submit such a recommendation to the Division of State Lands and provide a brief summary of the reason for the recommendation within 30 days after the date on which the application was transmitted.

      5.  If the Division of State Lands does not receive a recommendation for the denial of the permit from the Department within the 30-day period provided in subsection 4, the application shall be deemed to be approved by the Department.

      (Added to NRS by 1993, 861; A 2003, 1574)

      NRS 488.261  Mooring buoy: Permit for placement in nonnavigable waters; permit for temporary placement; regulations and enforcement.

      1.  The Department may issue to any person a permit to place a mooring buoy in the nonnavigable waters of this state. The Department shall charge and collect a fee in the amount set by the Commission for each permit issued pursuant to this subsection. Unless suspended or revoked by the Department, a permit issued pursuant to this subsection is valid through December 31 of the year in which it is issued. Such a permit may be renewed annually by paying the fee set by the Commission on or before January 1 of each year.

      2.  The Department may issue a permit for the temporary placement of a buoy, other than a navigational aid, for practice courses or marine events. The Department shall charge and collect a fee in the amount set by the Commission for each permit issued pursuant to this subsection. Unless suspended or revoked by the Department, a permit issued pursuant to this subsection is valid for the period indicated on the face of the permit which must not exceed 6 months.

      3.  The Commission shall adopt by regulation fees for:

      (a) The issuance and renewal of permits for mooring buoys pursuant to subsection 1 which must not be more than $100 for each buoy per year.

      (b) The issuance of permits for the temporary placement of buoys for practice courses or marine events pursuant to subsection 2 which must not be more than $50 per buoy.

      4.  The Commission may:

      (a) Adopt such regulations as are necessary to carry out the provisions of NRS 488.257 to 488.285, inclusive; and

      (b) Establish a schedule of administrative fines for the violation of those regulations which may be assessed in addition to any criminal penalties for the same act.

      5.  The Department is responsible for the enforcement of the laws of this state governing mooring buoys and may:

      (a) Revoke or suspend a permit for a mooring buoy issued pursuant to subsection 1 or 2 or by the Division of State Lands of the State Department of Conservation and Natural Resources if:

             (1) The person responsible for the buoy fails to comply with all applicable statutes and regulations concerning the buoy; or

             (2) The buoy becomes a hazard to navigation.

      (b) Remove any mooring buoy determined to be unlawfully placed.

      6.  This section does not require an agency of this state or the United States Government to obtain written authorization to place, move, remove, destroy or tamper with buoys or navigational aids on the navigable waters of this state.

      (Added to NRS by 1993, 862; A 2003, 1574)

      NRS 488.263  Permit not required for temporary mooring buoy.

      1.  A permit is not required for a temporary mooring buoy.

      2.  As used in this section, a “temporary mooring buoy” is a buoy for the temporary anchorage of a vessel that is removed within 72 hours after the time it is placed.

      (Added to NRS by 1993, 862)

      NRS 488.265  Anchoring or mooring vessel which obstructs passageway prohibited; exceptions.

      1.  Except as otherwise provided in subsection 2, a person shall not anchor or moor a vessel in such a position as to obstruct a passageway ordinarily used by other vessels. As used in this subsection, a “passageway ordinarily used by other vessels” includes:

      (a) A river channel or the entrance to a harbor or marina; and

      (b) That area within a 100-yard radius of a boat ramp built and maintained with public money.

      2.  A person may anchor or moor a vessel in an area designated for that purpose by the Commission and marked at the corners with yellow can buoys. The buoys must emit a flashing yellow light from sunset to sunrise.

      (Added to NRS by 1957, 570; A 1960, 483; 1985, 343; 1991, 856)

      NRS 488.285  Mooring to buoy or navigational aid prohibited; interference with buoy or navigational aid without written authorization prohibited; exception; penalties.

      1.  Except as otherwise provided in subsection 2:

      (a) A person shall not moor any vessel to any buoy or navigational aid placed in any waterway by authority of the United States or any other governmental authority, or in any manner attach a vessel to any such buoy or navigational aid.

      (b) A person shall not place, move, remove, destroy or tamper with any buoy or other navigational aid without written authorization from the Department.

      2.  The provisions of subsection 1 do not apply to mooring buoys.

      3.  A person who violates a provision of subsection 1 shall be punished:

      (a) If no injury results from the violation, for a misdemeanor.

      (b) If bodily injury or property damage in excess of $200 results from the violation, for a gross misdemeanor.

      (c) If a human death results from the violation, for a category D felony as provided in NRS 193.130.

      4.  Nothing in this section requires an agency of this state or the United States Government to obtain written authorization to place, move, remove, destroy or tamper with buoys or navigational aids on navigable waters of this state.

      (Added to NRS by 1957, 570; A 1960, 483; 1985, 343; 1989, 1773; 1993, 864, 1652; 1995, 547, 1302; 2003, 1575)

ABANDONED VESSELS

      NRS 488.291  Abandonment prohibited; evidence of responsibility for abandonment; removal of vessel from public waterway.

      1.  A person shall not abandon a vessel upon a public waterway or public or private property without the consent of the owner or person in lawful possession or control of the property.

      2.  The abandonment of any vessel in a manner prohibited by subsection 1 is prima facie evidence that the last registered owner of record, unless the registered owner has notified the Department or other appropriate agency of his or her relinquishment of title or interest therein, is responsible for the abandonment. The person so responsible is liable for the cost of removal and disposition of the vessel.

      3.  A game warden, sheriff or other peace officer of this state may remove a vessel from a public waterway when:

      (a) The vessel is left unattended and is adrift, moored, docked, beached or made fast to land in such a position as to interfere with navigation or in such a condition as to create a hazard to other vessels using the waterway, to public safety or to the property of another.

      (b) The vessel is found upon a waterway and a report has previously been made that the vessel has been stolen or embezzled.

      (c) The person in charge of the vessel is by reason of physical injuries or illness incapacitated to such an extent as to be unable to provide for its custody or removal.

      (d) An officer arrests a person operating or in control of the vessel for an alleged offense, and the officer is required or permitted to take, and does take, the person arrested before a magistrate without unnecessary delay.

      (e) The vessel seriously interferes with navigation or otherwise poses a critical and immediate danger to navigation or to the public health, safety or welfare.

      (Added to NRS by 1993, 221; A 2003, 1575)

      NRS 488.293  Authority of peace officer to identify registered owner of vessel abandoned on private property; peace officer to notify Department of removal of abandoned vessel; law enforcement agency to notify owner or holder of security interest regarding location of and procedure for claiming vessel; waiver of interest in vessel; transfer of ownership to law enforcement agency.

      1.  A peace officer may attempt to identify the registered owner of a vessel abandoned on private property by inspection of the vessel and any trailer to which it is attached and may supply the information to the property owner. The property owner must declare by affidavit the reasons why he or she believes the property to be abandoned. The property owner must give 5 days’ notice to the last registered owner before causing the removal of the vessel. If the last registered owner is unknown or cannot be notified, the vessel may immediately be removed to a secure location designated by a peace officer.

      2.  A peace officer shall, within 48 hours after directing the removal of an abandoned vessel on a public waterway or public or private property, notify the Department of the status of the vessel.

      3.  A law enforcement agency that has custody of an abandoned vessel shall, if the agency knows or can reasonably discover the name and address of the owner of the vessel or any person who holds a security interest in the vessel, notify the owner or the holder of the security interest of the location of the vessel and the method by which the vessel may be claimed. The notice must be sent by certified or registered mail.

      4.  If the abandoned vessel is held by a law enforcement agency as evidence in the investigation or prosecution of a criminal offense, the notice required by subsection 3 must be sent:

      (a) Upon the decision of the law enforcement agency or district attorney not to pursue or prosecute the case;

      (b) Upon the conviction of the person who committed the offense; or

      (c) If the case is otherwise terminated.

      5.  Failure to reclaim the vessel within 180 days after the date the notice is mailed constitutes a waiver of interest in the vessel by any person having an interest in the vessel and the vessel shall be deemed abandoned for all purposes.

      6.  If all recorded interests in a vessel are waived, as provided in subsection 5 or by written disclaimer, the Department may issue a certificate of ownership to the law enforcement agency that has custody of the vessel. If necessary, the Department may assign a hull number to the vessel. This subsection does not preclude the subsequent return of a vessel, or any component part thereof, by a law enforcement agency to the registered owner of the vessel upon presentation by the registered owner of satisfactory proof of ownership.

      7.  A law enforcement agency to which a certificate of ownership is issued pursuant to subsection 6 may use, sell or destroy the vessel, and shall keep a record of the disposition of the vessel. If the law enforcement agency:

      (a) Sells the vessel, all proceeds from the sale of the vessel become the property of the law enforcement agency.

      (b) Destroys the vessel, the law enforcement agency shall, within 10 days, give notice of the destruction of the vessel to the Department.

      (Added to NRS by 1993, 222; A 1999, 730; 2003, 1576)

BOAT LIVERIES

      NRS 488.295  Duties of owner; records and equipment.

      1.  The owner of a boat livery shall keep a record of the name and address of the person or persons hiring any vessel which is designed or permitted by him or her to be operated as a motorboat, the identification number thereof, the departure date and time, and the expected time of return. The record must be preserved for at least 6 months.

      2.  The owner of a boat livery or an agent or employee of the owner shall not permit any motorboat, or any vessel designed or permitted by him or her to be operated as a motorboat, to depart from his or her premises unless it has been provided, either by owner or renter, with the equipment required by NRS 488.187, 488.193 and 488.540 and any regulations adopted pursuant thereto.

      (Added to NRS by 1960, 479; A 1977, 138; 2009, 364)

REGATTAS AND RACES

      NRS 488.305  Authority of Department to authorize events; regulations concerning safety; application for permission; reimbursement of Department; contents of application; compliance with federal law.

      1.  The Department may authorize the holding of regattas, motorboat or other boat races, marine parades, tournaments or exhibitions on any waters of this state. The Commission shall adopt regulations concerning the safety of motorboats and other vessels and persons thereon, either observers or participants.

      2.  At least 30 days before a regatta, motorboat or other boat race, marine parade, tournament or exhibition is proposed to be held, the person in charge thereof must file an application with the Department for permission to hold the regatta, motorboat or other boat race, marine parade, tournament or exhibition. No such event may be conducted without the written authorization of the Department.

      3.  The Director of the Department may require an applicant, or the sponsor of the event, as a condition of the approval of a regatta, motorboat or other boat race, marine parade, tournament or exhibition, to enter into an agreement to reimburse the Department for expenses incurred by the Department to ensure that the event is conducted safely, including, without limitation, expenses for equipment used, expenses for personnel and general operating expenses.

      4.  The application must set forth the date, time and location where it is proposed to hold the regatta, motorboat or other boat race, marine parade, tournament or exhibition, the type of vessels participating, the number and kind of navigational aids required and the name of a person who will be present at the event to ensure that the conditions of the permit are satisfied.

      5.  The provisions of this section do not exempt any person from compliance with applicable federal law or regulation.

      (Added to NRS by 1960, 481; A 1965, 1067; 1971, 760; 1981, 167; 1985, 1969; 1989, 1774; 1993, 1652; 1999, 729; 2003, 1577)

DIVERS

      NRS 488.310  Display of diver’s flag required; operation of vessel within 100 feet of flag prohibited; operation of vessel within 200 feet of flag limited; exception for emergencies.

      1.  A person shall display a diver’s flag when diving or swimming below the water’s surface with the aid of a breathing device. The diver’s flag must be:

      (a) At least 12 inches in height by 12 inches in width with a red background and a white diagonal stripe that is one-fifth the width of the flag;

      (b) Attached to a float, buoy or boat which is visible to approaching vessels and which, between sunset and sunrise, has a light attached; and

      (c) Prominently displayed within 100 feet of the location of the diver or swimmer.

      2.  A person shall not display a diver’s flag on the waters of this state unless he or she is diving or swimming below the water’s surface with the aid of a breathing device, in the vicinity of the diver’s flag.

      3.  Except in the case of an emergency, a person shall not operate a vessel other than the diver’s support vessel within 100 feet of a diver’s flag.

      4.  Except in the case of an emergency, a person who operates a vessel at a distance of more than 100 feet but less than 200 feet of a diver’s flag shall operate that vessel at a speed that leaves a flat wake, but in no case may the vessel be operated at a speed greater than 5 nautical miles per hour.

      (Added to NRS by 1991, 853; A 1993, 1025)

DISPOSAL OF WASTE

      NRS 488.320  Use of approved marine sanitation device required; unlawful to discharge sewage; regulations; penalties.

      1.  A person shall not maintain or operate upon the waters of this State any vessel which is equipped with a marine sanitation device unless the device is approved by the United States Coast Guard and:

      (a) Is designed to prevent the overboard discharge of treated and untreated sewage; or

      (b) Is adequately secured to prevent the overboard discharge of treated and untreated sewage.

      2.  It is unlawful for any person to discharge or attempt to discharge sewage from a vessel into the waters of this State.

      3.  The Commission shall adopt regulations:

      (a) That it determines are necessary to carry out the provisions of this section; and

      (b) Establishing a schedule of civil penalties for various violations of this section and those regulations.

      4.  A person who violates any provision of this section or the regulations adopted pursuant to subsection 3:

      (a) Is guilty of a misdemeanor; and

      (b) In addition to any criminal penalty, is subject to:

             (1) The suspension of the certificate of number of his or her vessel for 180 consecutive days; and

             (2) A civil penalty of not less than $250, as established in regulations adopted by the Commission, payable to the Department.

      5.  As used in this section, unless the context otherwise requires:

      (a) “Discharge” means to spill, leak, pump, pour, emit, empty or dump sewage into the water.

      (b) “Marine sanitation device” means a toilet facility which is installed on board a vessel and which is designed to receive, retain, treat or discharge sewage, and any process to treat that sewage. The term does not include portable devices which are designed to be carried onto and off of a vessel.

      (c) “Sewage” means wastes from the human body and wastes from toilets or other receptacles, including marine sanitation devices, designed to receive or retain wastes from the human body.

      (d) “Vessel” includes any watercraft or structure floating on the water, whether or not capable of self-locomotion, including houseboats, barges and similar structures.

      (Added to NRS by 1993, 56; A 2003, 1577)

OPERATION

Operating Under Influence of Intoxicating Liquor or Controlled or Prohibited Substance

      NRS 488.400  Operation of vessel or manipulation of water skis or surfboard recklessly or while intoxicated or under influence of controlled substance prohibited.

      1.  A person shall not operate any motorboat or vessel, or manipulate any water skis, surfboard or similar device in a reckless or negligent manner so as to endanger the life or property of any person.

      2.  A person shall not operate any motorboat or vessel, or manipulate any water skis, surfboard or similar device while intoxicated or under the influence of any controlled substance, unless in accordance with a lawfully issued prescription.

      (Added to NRS by 1960, 480; A 1971, 2031; 1973, 8; 1985, 343; 1987, 1554; 1993, 2237; 1995, 1723)

      NRS 488.405  “Concentration of alcohol of 0.08 or more in his or her blood or breath” defined. [Effective until the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.]  As used in NRS 488.410, 488.420 and 488.425, the phrase “concentration of alcohol of 0.08 or more in his or her blood or breath” means 0.08 gram or more per 100 milliliters of the blood of a person or per 210 liters of his or her breath.

      (Added to NRS by 1989, 292; A 1997, 330; 1999, 2462; 2003, 2563; 2005, 154)

      NRS 488.405  “Concentration of alcohol of 0.10 or more in his or her blood or breath” defined. [Effective on the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.]  As used in NRS 488.410, 488.420 and 488.425, the phrase “concentration of alcohol of 0.10 or more in his or her blood or breath” means 0.10 gram or more per 100 milliliters of the blood of a person or per 210 liters of his or her breath.

      (Added to NRS by 1989, 292; A 1997, 330; 1999, 2462; 2003, 2563; 2005, 154, 155, effective on the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State)

      NRS 488.410  Unlawful acts; penalty. [Effective until the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.]

      1.  It is unlawful for any person who:

      (a) Is under the influence of intoxicating liquor;

      (b) Has a concentration of alcohol of 0.08 or more in his or her blood or breath; or

      (c) Is found by measurement within 2 hours after operating or being in actual physical control of a vessel to have a concentration of alcohol of 0.08 or more in his or her blood or breath,

Ê to operate or be in actual physical control of a vessel under power or sail on the waters of this State.

      2.  It is unlawful for any person who:

      (a) Is under the influence of a controlled substance;

      (b) Is under the combined influence of intoxicating liquor and a controlled substance; or

      (c) Inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders the person incapable of safely operating or exercising actual physical control of a vessel under power or sail,

Ê to operate or be in actual physical control of a vessel under power or sail on the waters of this State.

      3.  It is unlawful for any person to operate or be in actual physical control of a vessel under power or sail on the waters of this State with an amount of a prohibited substance in his or her blood or urine that is equal to or greater than:

 

                                                                                                      Urine                             Blood

                                                                                    Nanograms per            Nanograms per

      Prohibited substance                                                      milliliter                          milliliter

 

      (a) Amphetamine                                                                 500                                 100

      (b) Cocaine                                                                            150                                   50

      (c) Cocaine metabolite                                                        150                                   50

      (d) Heroin                                                                            2,000                                   50

      (e) Heroin metabolite:

             (1) Morphine                                                                2,000                                   50

             (2) 6-monoacetyl morphine                                            10                                   10

      (f) Lysergic acid diethylamide                                              25                                   10

      (g) Marijuana                                                                           10                                      2

      (h) Marijuana metabolite                                                      15                                      5

      (i) Methamphetamine                                                          500                                 100

      (j) Phencyclidine                                                                      25                                   10

 

      4.  If consumption is proven by a preponderance of the evidence, it is an affirmative defense under paragraph (c) of subsection 1 that the defendant consumed a sufficient quantity of alcohol after operating or being in actual physical control of the vessel, and before his or her blood was tested, to cause the defendant to have a concentration of 0.08 or more of alcohol in his or her blood or breath. A defendant who intends to offer this defense at a trial or preliminary hearing must, not less than 14 days before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.

      5.  Except as otherwise provided in NRS 488.427, a person who violates the provisions of this section is guilty of a misdemeanor.

      (Added to NRS by 1987, 626; A 1993, 539; 1999, 2463, 3430; 2001, 172; 2003, 2563; 2005, 615)

      NRS 488.410  Unlawful acts; penalty. [Effective on the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.]

      1.  It is unlawful for any person who:

      (a) Is under the influence of intoxicating liquor;

      (b) Has a concentration of alcohol of 0.10 or more in his or her blood or breath; or

      (c) Is found by measurement within 2 hours after operating or being in actual physical control of a vessel to have a concentration of alcohol of 0.10 or more in his or her blood or breath,

Ê to operate or be in actual physical control of a vessel under power or sail on the waters of this State.

      2.  It is unlawful for any person who:

      (a) Is under the influence of a controlled substance;

      (b) Is under the combined influence of intoxicating liquor and a controlled substance; or

      (c) Inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders the person incapable of safely operating or exercising actual physical control of a vessel under power or sail,

Ê to operate or be in actual physical control of a vessel under power or sail on the waters of this State.

      3.  It is unlawful for any person to operate or be in actual physical control of a vessel under power or sail on the waters of this State with an amount of a prohibited substance in his or her blood or urine that is equal to or greater than:

 

                                                                                                      Urine                             Blood

                                                                                    Nanograms per            Nanograms per

      Prohibited substance                                                      milliliter                          milliliter

 

      (a) Amphetamine                                                                 500                                 100

      (b) Cocaine                                                                            150                                   50

      (c) Cocaine metabolite                                                        150                                   50

      (d) Heroin                                                                            2,000                                   50

      (e) Heroin metabolite:

             (1) Morphine                                                                2,000                                   50

             (2) 6-monoacetyl morphine                                            10                                   10

      (f) Lysergic acid diethylamide                                              25                                   10

      (g) Marijuana                                                                           10                                      2

      (h) Marijuana metabolite                                                      15                                      5

      (i) Methamphetamine                                                          500                                 100

      (j) Phencyclidine                                                                      25                                   10

 

      4.  If consumption is proven by a preponderance of the evidence, it is an affirmative defense under paragraph (c) of subsection 1 that the defendant consumed a sufficient quantity of alcohol after operating or being in actual physical control of the vessel, and before his or her blood was tested, to cause the defendant to have a concentration of 0.10 or more of alcohol in his or her blood or breath. A defendant who intends to offer this defense at a trial or preliminary hearing must, not less than 14 days before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.

      5.  Except as otherwise provided in NRS 488.427, a person who violates the provisions of this section is guilty of a misdemeanor.

      (Added to NRS by 1987, 626; A 1993, 539; 1999, 2463, 3430; 2001, 172; 2003, 2563; 2005, 615, effective on the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State)

      NRS 488.420  Penalty if death or substantial bodily harm results; exception; segregation of offender; plea bargaining prohibited; affirmative defense; aggravating factor. [Effective until the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.]

      1.  Unless a greater penalty is provided pursuant to NRS 488.425, a person who:

      (a) Is under the influence of intoxicating liquor;

      (b) Has a concentration of alcohol of 0.08 or more in his or her blood or breath;

      (c) Is found by measurement within 2 hours after operating or being in actual physical control of a vessel under power or sail to have a concentration of alcohol of 0.08 or more in his or her blood or breath;

      (d) Is under the influence of a controlled substance or is under the combined influence of intoxicating liquor and a controlled substance;

      (e) Inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders the person incapable of safely operating or being in actual physical control of a vessel under power or sail; or

      (f) Has a prohibited substance in his or her blood or urine in an amount that is equal to or greater than the amount set forth in subsection 3 of NRS 488.410,

Ê and does any act or neglects any duty imposed by law while operating or being in actual physical control of any vessel under power or sail, if the act or neglect of duty proximately causes the death of, or substantial bodily harm to, another person, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years and shall be further punished by a fine of not less than $2,000 nor more than $5,000. A person so imprisoned must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.

      2.  A prosecuting attorney shall not dismiss a charge of violating the provisions of subsection 1 in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless the prosecuting attorney knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial. A sentence imposed pursuant to subsection 1 must not be suspended, and probation must not be granted.

      3.  If consumption is proven by a preponderance of the evidence, it is an affirmative defense under paragraph (c) of subsection 1 that the defendant consumed a sufficient quantity of alcohol after operating or being in actual physical control of the vessel under power or sail, and before his or her blood was tested, to cause the defendant to have a concentration of alcohol of 0.08 or more in his or her blood or breath. A defendant who intends to offer this defense at a trial or preliminary hearing must, not less than 14 days before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.

      4.  If a person less than 15 years of age was in the vessel at the time of the defendant’s violation, the court shall consider that fact as an aggravating factor in determining the sentence of the defendant.

      (Added to NRS by 1997, 327; A 1999, 2463, 3431; 2001, 172; 2003, 1495, 2564; 2005, 155; 2007, 1460)

      NRS 488.420  Penalty if death or substantial bodily harm results; exception; segregation of offender; plea bargaining prohibited; affirmative defense; aggravating factor. [Effective on the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.]

      1.  Unless a greater penalty is provided pursuant to NRS 488.425, a person who:

      (a) Is under the influence of intoxicating liquor;

      (b) Has a concentration of alcohol of 0.10 or more in his or her blood or breath;

      (c) Is found by measurement within 2 hours after operating or being in actual physical control of a vessel under power or sail to have a concentration of alcohol of 0.10 or more in his or her blood or breath;

      (d) Is under the influence of a controlled substance or is under the combined influence of intoxicating liquor and a controlled substance;

      (e) Inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders the person incapable of safely operating or being in actual physical control of a vessel under power or sail; or

      (f) Has a prohibited substance in his or her blood or urine in an amount that is equal to or greater than the amount set forth in subsection 3 of NRS 488.410,

Ê and does any act or neglects any duty imposed by law while operating or being in actual physical control of any vessel under power or sail, if the act or neglect of duty proximately causes the death of, or substantial bodily harm to, another person, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years and shall be further punished by a fine of not less than $2,000 nor more than $5,000. A person so imprisoned must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.

      2.  A prosecuting attorney shall not dismiss a charge of violating the provisions of subsection 1 in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless the prosecuting attorney knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial. A sentence imposed pursuant to subsection 1 must not be suspended, and probation must not be granted.

      3.  If consumption is proven by a preponderance of the evidence, it is an affirmative defense under paragraph (c) of subsection 1 that the defendant consumed a sufficient quantity of alcohol after operating or being in actual physical control of the vessel under power or sail, and before his or her blood was tested, to cause the defendant to have a concentration of alcohol of 0.10 or more in his or her blood or breath. A defendant who intends to offer this defense at a trial or preliminary hearing must, not less than 14 days before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.

      4.  If a person less than 15 years of age was in the vessel at the time of the defendant’s violation, the court shall consider that fact as an aggravating factor in determining the sentence of the defendant.

      (Added to NRS by 1997, 327; A 1999, 2463, 3431; 2001, 172; 2003, 1495, 2564; 2005, 155; 2007, 1460, effective on the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State)

      NRS 488.425  Homicide by vessel: Penalty; segregation of offender; plea bargaining prohibited; affirmative defense; aggravating factor. [Effective until the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.]

      1.  A person commits homicide by vessel if the person:

      (a) Operates or is in actual physical control of a vessel under power or sail on the waters of this State and:

             (1) Is under the influence of intoxicating liquor;

             (2) Has a concentration of alcohol of 0.08 or more in his or her blood or breath;

             (3) Is found by measurement within 2 hours after operating or being in actual physical control of a vessel under power or sail to have a concentration of alcohol of 0.08 or more in his or her blood or breath;

             (4) Is under the influence of a controlled substance or is under the combined influence of intoxicating liquor and a controlled substance;

             (5) Inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders the person incapable of safely operating or exercising actual physical control of a vessel under power or sail; or

             (6) Has a prohibited substance in his or her blood or urine in an amount that is equal to or greater than the amount set forth in subsection 3 of NRS 488.410;

      (b) Proximately causes the death of another person while operating or in actual physical control of a vessel under power or sail; and

      (c) Has previously been convicted of at least three offenses.

      2.  A person who commits homicide by vessel is guilty of a category A felony and shall be punished by imprisonment in the state prison:

      (a) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served; or

      (b) For a definite term of 25 years, with eligibility for parole beginning when a minimum of 10 years has been served.

      3.  A person imprisoned pursuant to subsection 2 must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.

      4.  A prosecuting attorney shall not dismiss a charge of homicide by vessel in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless the prosecuting attorney knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial. A sentence imposed pursuant to subsection 2 may not be suspended nor may probation be granted.

      5.  If consumption is proven by a preponderance of the evidence, it is an affirmative defense under subparagraph (3) of paragraph (a) of subsection 1 that the defendant consumed a sufficient quantity of alcohol after operating or being in actual physical control of the vessel, and before his or her blood or breath was tested, to cause the defendant to have a concentration of alcohol of 0.08 or more in his or her blood or breath. A defendant who intends to offer this defense at a trial or preliminary hearing must, not less than 14 days before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.

      6.  If the defendant was transporting a person who is less than 15 years of age in the vessel at the time of the violation, the court shall consider that fact as an aggravating factor in determining the sentence of the defendant.

      7.  As used in this section, “offense” means:

      (a) A violation of NRS 488.410 or 488.420;

      (b) A homicide resulting from operating or being in actual physical control of a vessel while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by this section or NRS 488.410 or 488.420; or

      (c) A violation of a law of any other jurisdiction that prohibits the same or similar conduct as set forth in paragraph (a) or (b).

      (Added to NRS by 2005, 153; A 2007, 1461)

      NRS 488.425  Homicide by vessel: Penalty; segregation of offender; plea bargaining prohibited; affirmative defense; aggravating factor. [Effective on the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.]

      1.  A person commits homicide by vessel if the person:

      (a) Operates or is in actual physical control of a vessel under power or sail on the waters of this State and:

             (1) Is under the influence of intoxicating liquor;

             (2) Has a concentration of alcohol of 0.10 or more in his or her blood or breath;

             (3) Is found by measurement within 2 hours after operating or being in actual physical control of a vessel under power or sail to have a concentration of alcohol of 0.10 or more in his or her blood or breath;

             (4) Is under the influence of a controlled substance or is under the combined influence of intoxicating liquor and a controlled substance;

             (5) Inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders the person incapable of safely operating or exercising actual physical control of a vessel under power or sail; or

             (6) Has a prohibited substance in his or her blood or urine in an amount that is equal to or greater than the amount set forth in subsection 3 of NRS 488.420;

      (b) Proximately causes the death of another person while operating or in actual physical control of a vessel under power or sail; and

      (c) Has previously been convicted of at least three offenses.

      2.  A person who commits homicide by vessel is guilty of a category A felony and shall be punished by imprisonment in the state prison:

      (a) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served; or

      (b) For a definite term of 25 years, with eligibility for parole beginning when a minimum of 10 years has been served.

      3.  A person imprisoned pursuant to subsection 2 must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.

      4.  A prosecuting attorney shall not dismiss a charge of homicide by vessel in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless the prosecuting attorney knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial. A sentence imposed pursuant to subsection 2 may not be suspended nor may probation be granted.

      5.  If consumption is proven by a preponderance of the evidence, it is an affirmative defense under subparagraph (3) of paragraph (a) of subsection 1 that the defendant consumed a sufficient quantity of alcohol after operating or being in actual physical control of the vessel, and before his or her blood or breath was tested, to cause the defendant to have a concentration of alcohol of 0.10 or more in his or her blood or breath. A defendant who intends to offer this defense at a trial or preliminary hearing must, not less than 14 days before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.

      6.  If the defendant was transporting a person who is less than 15 years of age in the vessel at the time of the violation, the court shall consider that fact as an aggravating factor in determining the sentence of the defendant.

      7.  As used in this section, “offense” means:

      (a) A violation of NRS 488.410 or 488.420;

      (b) A homicide resulting from operating or being in actual physical control of a vessel while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by this section or NRS 488.410 or 488.420; or

      (c) A violation of a law of any other jurisdiction that prohibits the same or similar conduct as set forth in paragraph (a) or (b).

      (Added to NRS by 2005, 153, 174; A 2007, 1461, 1462, effective on the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State)

      NRS 488.427  Penalty for second or subsequent felony; exception; segregation of offender; plea bargaining prohibited; aggravating factor.

      1.  Unless a greater penalty is provided pursuant to NRS 488.425, a person who violates the provisions of NRS 488.410 and who has previously been convicted of a violation of NRS 488.420 or 488.425 or a violation of the law of any other jurisdiction that prohibits the same or similar conduct as set forth in NRS 488.420 or 488.425 is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years, and shall be further punished by a fine of not less than $2,000 nor more than $5,000. An offender so imprisoned must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.

      2.  The facts concerning a prior violation of NRS 488.420 or 488.425 must be alleged in the complaint, indictment or information, must not be read to the jury or proved at trial but must be proved at the time of sentencing.

      3.  A prosecuting attorney shall not dismiss a charge of violating the provisions of NRS 488.410 against a person previously convicted of violating NRS 488.420 or 488.425 in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless the prosecuting attorney knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial. A sentence imposed pursuant to subsection 1 must not be suspended, and probation must not be granted.

      4.  If a person less than 15 years of age was in the vessel at the time of the defendant’s violation, the court shall consider that fact as an aggravating factor in determining the sentence of the defendant.

      (Added to NRS by 2005, 615; A 2005, 22nd Special Session, 105; 2007, 1464)

      NRS 488.430  Evaluation of certain offenders before sentencing.

      1.  Before sentencing a defendant pursuant to NRS 488.420, 488.425 or 488.427, the court shall require that the defendant be evaluated to determine whether the defendant is an abuser of alcohol or drugs and whether the defendant can be treated successfully for his or her condition.

      2.  The evaluation must be conducted by:

      (a) An alcohol and drug abuse counselor who is licensed or certified, or a clinical alcohol and drug abuse counselor who is licensed, pursuant to chapter 641C of NRS, to make such an evaluation;

      (b) A physician who is certified to make such an evaluation by the Board of Medical Examiners; or

      (c) A psychologist who is certified to make such an evaluation by the Board of Psychological Examiners.

      3.  The alcohol and drug abuse counselor, clinical alcohol and drug abuse counselor, physician or psychologist who conducts the evaluation shall immediately forward the results of the evaluation to the Director of the Department of Corrections.

      (Added to NRS by 1997, 328; A 1999, 1886, 3074; 2001 Special Session, 246; 2005, 156, 616; 2007, 3093)

      NRS 488.440  Fee for chemical analysis.

      1.  If a defendant pleads guilty or guilty but mentally ill to, or is found guilty or guilty but mentally ill of, a violation of NRS 488.410, 488.420 or 488.425 and a chemical analysis of his or her blood, urine, breath or other bodily substance was conducted, the court shall, in addition to any penalty provided by law, order the defendant to pay the sum of $60 as a fee for the chemical analysis. Except as otherwise provided in this subsection, any money collected for the chemical analysis must not be deducted from, and is in addition to, any fine otherwise imposed by the court and must be:

      (a) Collected from the defendant before or at the same time that the fine is collected.

      (b) Stated separately in the judgment of the court or on the court’s docket.

      2.  All money collected pursuant to subsection 1 must be paid by the clerk of the court to the county or city treasurer, as appropriate, on or before the fifth day of each month for the preceding month.

      3.  The treasurer shall deposit all money received pursuant to subsection 2 in the county or city treasury, as appropriate, for credit to the fund for forensic services created pursuant to NRS 453.575. The money must be accounted for separately within the fund.

      4.  Except as otherwise provided in subsection 5, each month the treasurer shall, from the money credited to the fund pursuant to subsection 3, pay any amount owed for forensic services and deposit any remaining money in the county or city general fund, as appropriate.

      5.  In counties that do not receive forensic services under a contract with the State, the money credited to the fund pursuant to subsection 3:

      (a) Except as otherwise provided in paragraph (b), must be:

             (1) Expended to pay for the chemical analyses performed within the county;

             (2) Expended to purchase and maintain equipment to conduct such analyses;

             (3) Expended for the training and continuing education of the employees who conduct such analyses; and

             (4) Paid to law enforcement agencies which conduct such analyses to be used by those agencies in the manner provided in this subsection.

      (b) May only be expended to cover the costs of chemical analyses conducted by, equipment used by or training for employees of an analytical laboratory that is approved by the Committee on Testing for Intoxication created in NRS 484C.600.

      (Added to NRS by 1997, 328; A 2003, 1496; 2005, 157; 2007, 1464)

      NRS 488.450  Implied consent to preliminary test of breath; failure to submit to test; use of results of test.

      1.  Any person who operates or is in actual physical control of a vessel under power or sail on the waters of this State shall be deemed to have given consent to a preliminary test of his or her breath to determine the concentration of alcohol in his or her breath when the test is administered at the direction of a peace officer after a vessel accident or collision or where an officer stops a vessel, if the officer has reasonable grounds to believe that the person to be tested was:

      (a) Operating or in actual physical control of a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance; or

      (b) Engaging in any other conduct prohibited by NRS 488.410, 488.420 or 488.425.

      2.  If the person fails to submit to the test, the officer shall arrest the person and take him or her to a convenient place for the administration of a reasonably available evidentiary test under NRS 488.460.

      3.  The result of the preliminary test must not be used in any criminal action, except to show there were reasonable grounds to make an arrest.

      (Added to NRS by 1997, 329; A 1999, 2464, 3432; 2001, 172; 2005, 157)

      NRS 488.460  Implied consent to evidentiary test; exemption from blood test; choice of test; circumstances in which peace officer may direct person to submit to blood test; restrictions on requiring urine test; failure to submit to test.

      1.  Except as otherwise provided in subsections 3 and 4, a person who operates or is in actual physical control of a vessel under power or sail on the waters of this State shall be deemed to have given consent to an evidentiary test of his or her blood, urine, breath or other bodily substance to determine the concentration of alcohol in his or her blood or breath or to determine whether a controlled substance, chemical, poison, organic solvent or another prohibited substance is present, if such a test is administered at the direction of a peace officer having reasonable grounds to believe that the person to be tested was:

      (a) Operating or in actual physical control of a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance; or

      (b) Engaging in any other conduct prohibited by NRS 488.410, 488.420 or 488.425.

      2.  If the person to be tested pursuant to subsection 1 is dead or unconscious, the officer shall direct that samples of blood from the person be tested.

      3.  Any person who is afflicted with hemophilia or with a heart condition requiring the use of an anticoagulant as determined by a physician is exempt from any blood test which may be required pursuant to this section, but must, when appropriate pursuant to the provisions of this section, be required to submit to a breath or urine test.

      4.  If the concentration of alcohol of the blood or breath of the person to be tested is in issue:

      (a) Except as otherwise provided in this section, the person may refuse to submit to a blood test if means are reasonably available to perform a breath test.

      (b) The person may request a blood test, but if means are reasonably available to perform a breath test when the blood test is requested, and the person is subsequently convicted, the person must pay for the cost of the blood test, including the fees and expenses of witnesses in court.

      (c) A peace officer may direct the person to submit to a blood test if the officer has reasonable grounds to believe that the person:

             (1) Caused death or substantial bodily harm to another person as a result of operating or being in actual physical control of a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance or as a result of engaging in any other conduct prohibited by NRS 488.410, 488.420 or 488.425; or

             (2) Has been convicted within the previous 7 years of:

                   (I) A violation of NRS 484C.110, 484C.120, 484C.130, 484C.430, subsection 2 of NRS 488.400, NRS 488.410, 488.420 or 488.425 or a law of another jurisdiction that prohibits the same or similar conduct; or

                   (II) Any other offense in this State or another jurisdiction in which death or substantial bodily harm to another person resulted from conduct prohibited by a law set forth in sub-subparagraph (I).

      5.  If the presence of a controlled substance, chemical, poison, organic solvent or another prohibited substance in the blood or urine of the person is in issue, the officer may direct the person to submit to a blood or urine test, or both, in addition to the breath test.

      6.  Except as otherwise provided in subsections 3 and 5, a peace officer shall not direct a person to submit to a urine test.

      7.  If a person to be tested fails to submit to a required test as directed by a peace officer pursuant to this section and the officer has reasonable grounds to believe that the person to be tested was:

      (a) Operating or in actual physical control of a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance; or

      (b) Engaging in any other conduct prohibited by NRS 488.410, 488.420 or 488.425,

Ê the officer may direct that reasonable force be used to the extent necessary to obtain samples of blood from the person to be tested. Not more than three such samples may be taken during the 5-hour period immediately following the time of the initial arrest. In such a circumstance, the officer is not required to provide the person with a choice of tests for determining the alcoholic content or presence of a controlled substance or another prohibited substance in the person’s blood.

      (Added to NRS by 1987, 627; A 1993, 146, 2077; 1997, 330; 1999, 2465, 3433; 2001, 172; 2005, 158; 2009, 1875)

      NRS 488.470  Requirements for evidentiary test of breath to determine concentration of alcohol in breath; use of reasonable force to obtain sample or conduct test.

      1.  Except as otherwise provided in subsection 2, an evidentiary test of breath to determine the concentration of alcohol in a person’s breath may be used to establish that concentration only if two consecutive samples of the person’s breath are taken and:

      (a) The difference between the concentration of alcohol in the person’s breath indicated by the two samples is less than or equal to 0.02;

      (b) If the provisions of paragraph (a) do not apply, a third evidentiary test of breath is administered and the difference between the concentration of alcohol in the person’s breath indicated by the third sample and one of the first two samples is less than or equal to 0.02; or

      (c) If the provisions of paragraphs (a) and (b) do not apply, a fourth evidentiary test is administered. Except as otherwise provided in NRS 488.460, the fourth evidentiary test must be a blood test.

      2.  If the person fails to provide the second or third consecutive sample, or to submit to the fourth evidentiary test, the results of the first test may be used alone as evidence of the concentration of alcohol in the person’s breath. If for some other reason a second, third or fourth sample is not obtained, the results of the first test may be used with all other evidence presented to establish the concentration.

      3.  If a person refuses or otherwise fails to provide a second or third consecutive sample or submit to a fourth evidentiary test, a peace officer may direct that reasonable force be used to obtain a sample or conduct a test pursuant to NRS 488.460.

      (Added to NRS by 1997, 329; A 1999, 2466)

      NRS 488.480  Admissibility of evidence of failure to submit to evidentiary test and results of test; availability of results of test; presumption of accuracy and reliability of testing device; judicial notice of certification of operator of testing device; other evidence not precluded.

      1.  If a person refuses to submit to a required chemical test provided for in NRS 488.450 or 488.460, evidence of that refusal is admissible in any criminal action arising out of acts alleged to have been committed while the person was:

      (a) Operating or in actual physical control of a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance; or

      (b) Engaging in any other conduct prohibited by NRS 488.410, 488.420 or 488.425.

      2.  Except as otherwise provided in subsection 3 of NRS 488.450, a court may not exclude evidence of a required test or failure to submit to such a test if the peace officer or other person substantially complied with the provisions of NRS 488.450 to 488.500, inclusive.

      3.  If a person submits to a chemical test provided for in NRS 488.450 or 488.460, full information concerning that test must be made available, upon request, to the person or the person’s attorney.

      4.  Evidence of a required test is not admissible in a criminal proceeding unless it is shown by documentary or other evidence that the device for testing breath was certified pursuant to NRS 484C.610 and was calibrated, maintained and operated as provided by the regulations of the Committee on Testing for Intoxication adopted pursuant to NRS 484C.620, 484C.630 or 484C.640.

      5.  If the device for testing breath has been certified by the Committee on Testing for Intoxication to be accurate and reliable pursuant to NRS 484C.610, it is presumed that, as designed and manufactured, the device is accurate and reliable for the purpose of testing a person’s breath to determine the concentration of alcohol in the person’s breath.

      6.  A court shall take judicial notice of the certification by the Director of a person to operate testing devices of one of the certified types. If a test to determine the amount of alcohol in a person’s breath has been performed with a certified type of device by a person who is certified pursuant to NRS 484C.630 or 484C.640, it is presumed that the person operated the device properly.

      7.  This section does not preclude the admission of evidence of a test of a person’s breath where the:

      (a) Information is obtained through the use of a device other than one of a type certified by the Committee on Testing for Intoxication.

      (b) Test has been performed by a person other than one who is certified by the Director.

      8.  As used in this section, “Director” means the Director of the Department of Public Safety.

      (Added to NRS by 1987, 628; A 1993, 2078; 1997, 331; 1999, 1033, 2466, 3434, 3440; 2001, 172; 2005, 60, 159)

      NRS 488.490  Opportunity of arrested person to choose qualified person to administer test; substitution of test prohibited.

      1.  A person who is arrested for operating or being in actual physical control of a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance or for engaging in any other conduct prohibited by NRS 488.410, 488.420 or 488.425 must be permitted, upon the person’s request and at his or her expense, reasonable opportunity to have a qualified person of his or her own choosing administer a chemical test to determine:

      (a) The concentration of alcohol in his or her blood or breath; or

      (b) Whether a controlled substance, chemical, poison, organic solvent or another prohibited substance is present in his or her blood or urine.

      2.  The failure or inability to obtain such a test does not preclude the admission of evidence relating to the refusal to submit to a test or relating to a test taken upon the request of a peace officer.

      3.  A test obtained under the provisions of this section may not be substituted for or stand in lieu of the test required by NRS 488.460.

      (Added to NRS by 1987, 628; A 1999, 2467, 3435; 2001, 172; 2005, 160)

      NRS 488.500  Admissibility of results of blood test in criminal action; immunity from liability for person administering blood test in certain circumstances. [Effective through December 31, 2013.]

      1.  The results of any blood test administered under the provisions of NRS 488.460 or 488.490 are not admissible in any criminal action arising out of acts alleged to have been committed by a person who was operating or in actual physical control of a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance or who was engaging in any other conduct prohibited by NRS 488.410, 488.420 or 488.425 unless:

      (a) The blood tested was withdrawn by a person, other than an arresting officer, who:

             (1) Is a physician, registered nurse, licensed practical nurse, emergency medical technician or a phlebotomist, technician, technologist or assistant employed in a medical laboratory; or

             (2) Has special knowledge, skill, experience, training and education in withdrawing blood in a medically acceptable manner, including, without limitation, a person qualified as an expert on that subject in a court of competent jurisdiction or a person who has completed a course of instruction described in subsection 2 of NRS 652.127; and

      (b) The test was performed on whole blood, except if the sample was clotted when it was received by the laboratory, the test may be performed on blood serum or plasma.

      2.  The limitation contained in paragraph (a) of subsection 1 does not apply to the taking of a chemical test of the urine, breath or other bodily substance.

      3.  No person listed in paragraph (a) of subsection 1 incurs any civil or criminal liability as a result of the administering of a blood test when requested by a peace officer or the person to be tested to administer the test.

      (Added to NRS by 1987, 628; A 1999, 3435; 2005, 160, 2043)

      NRS 488.500  Admissibility of results of blood test in criminal action; immunity from liability for person administering blood test in certain circumstances. [Effective January 1, 2014.]

      1.  The results of any blood test administered under the provisions of NRS 488.460 or 488.490 are not admissible in any criminal action arising out of acts alleged to have been committed by a person who was operating or in actual physical control of a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance or who was engaging in any other conduct prohibited by NRS 488.410, 488.420 or 488.425 unless:

      (a) The blood tested was withdrawn by a person, other than an arresting officer, who:

             (1) Is a physician, registered nurse, licensed practical nurse, advanced emergency medical technician, paramedic or a phlebotomist, technician, technologist or assistant employed in a medical laboratory; or

             (2) Has special knowledge, skill, experience, training and education in withdrawing blood in a medically acceptable manner, including, without limitation, a person qualified as an expert on that subject in a court of competent jurisdiction or a person who has completed a course of instruction that qualifies him or her to take an examination in phlebotomy that is administered by the American Medical Technologists or the American Society for Clinical Pathology; and

      (b) The test was performed on whole blood, except if the sample was clotted when it was received by the laboratory, the test may be performed on blood serum or plasma.

      2.  The limitation contained in paragraph (a) of subsection 1 does not apply to the taking of a chemical test of the urine, breath or other bodily substance.

      3.  No person listed in paragraph (a) of subsection 1 incurs any civil or criminal liability as a result of the administering of a blood test when requested by a peace officer or the person to be tested to administer the test.

      (Added to NRS by 1987, 628; A 1999, 3435; 2005, 160, 2043; 2013, 106, 964, effective January 1, 2014)

      NRS 488.510  Presumption that solution or gas used to calibrate or verify calibration of device for testing breath is properly prepared.  If:

      1.  A manufacturer or technician in a laboratory prepares a chemical solution or gas to be used in calibrating, or to verify the calibration of, a device for testing a person’s breath to determine the concentration of alcohol in his or her breath; and

      2.  A person who is certified pursuant to NRS 484C.620 examines the solution or gas, confirms the concentration of alcohol contained in the solution or gas and makes an affidavit or declaration that identifies the concentration of alcohol contained in the solution or gas and states that the solution or gas has the chemical composition that is necessary for use in accurately calibrating, or verifying the calibration of, the device,

Ê it is presumed that the solution or gas has been properly prepared and is suitable for use in calibrating, or verifying the calibration of, the device.

      (Added to NRS by 1987, 629; A 1993, 2079; 1999, 2467; 2013, 289)

      NRS 488.520  Analysis of blood of deceased victim of accident involving vessel to determine presence and concentration of alcohol.

      1.  Any coroner, or other public officer performing like duties, shall in all cases in which a death has occurred as a result of an accident involving a vessel under power or sail on the waters of this state, whether the person killed is the operator of the vessel or a passenger or other person, cause to be drawn from each decedent, within 8 hours after the accident, a blood sample to be analyzed for the presence and concentration of alcohol.

      2.  The findings of the examinations are a matter of public record and must be reported to the Commission by the coroner or other public officer within 30 days after the death.

      3.  Analyses of blood alcohol are acceptable only if made by laboratories licensed to perform this function.

      (Added to NRS by 1987, 629; A 1999, 2468)

Aquatic Invasive Species

      NRS 488.530  Unlawful acts; inspections; authority of peace officers.

      1.  It is unlawful for any person at any time to:

      (a) Launch a vessel into any body of water in this State for which the Department has approved an inspection program without first complying with that program;

      (b) Refuse to comply with any requirements of the Department or any requirements of an inspection program approved by the Department; or

      (c) Leave an impaired body of water in this State or any other state after operating a vessel on that impaired body of water and launch the vessel on any other body of water in this State without first decontaminating the vessel and any conveyance used on the impaired body of water.

      2.  In addition to any inspection conducted pursuant to NRS 488.900, each owner, operator or person in control of a vessel or conveyance shall stop at any mandatory inspection station for aquatic invasive species authorized by the Department. If a peace officer reasonably believes, based on articulable facts, that an aquatic invasive species or aquatic plant material may be present on the vessel or conveyance, the peace officer may:

      (a) Require the owner, operator or person in control of the vessel or conveyance to decontaminate the vessel or conveyance; or

      (b) In addition to any seizure required pursuant to NRS 488.910, impound or quarantine the vessel or conveyance.

      3.  A peace officer may stop and inspect a vessel or conveyance for the presence of aquatic invasive species or aquatic plant material, or for proof of a required inspection:

      (a) Before a vessel is launched into a body of water in this State;

      (b) Before a vessel or conveyance departs from a body of water in this State, a launch ramp or a vessel staging area;

      (c) If the vessel or conveyance is visibly transporting any aquatic invasive species or aquatic plant material; or

      (d) If the peace officer reasonably believes, based on articulable facts, that an aquatic invasive species or aquatic plant material is present.

      4.  If a peace officer conducts an inspection of a vessel or conveyance pursuant to this section and determines that an aquatic invasive species or aquatic plant material is present on the vessel or conveyance, the peace officer may order the vessel or conveyance to be decontaminated.

      5.  A peace officer may impound or quarantine a vessel if:

      (a) An inspection conducted pursuant to this section indicates the presence of an aquatic invasive species or aquatic plant material on the vessel or conveyance; or

      (b) The owner, operator or person in control of the vessel or conveyance refuses to:

             (1) Submit to an inspection authorized pursuant to this section; or

             (2) Comply with an order issued pursuant to this section to decontaminate his or her vessel or conveyance.

      6.  As used in this section, “impaired body of water” means any body of water in this State or any other state which the Commission or another governmental entity has identified as containing an aquatic invasive species.

      (Added to NRS by 2011, 2402)

      NRS 488.533  Impoundment or quarantine.

      1.  If a peace officer orders a vessel or conveyance to be impounded or quarantined pursuant to NRS 488.530, the vessel or conveyance may be impounded or quarantined for a reasonable period to ensure that the vessel or conveyance is inspected and decontaminated and that any aquatic invasive species or aquatic plant material is completely removed.

      2.  The owner of a vessel or conveyance which is impounded or quarantined is responsible for all costs associated with the impoundment or quarantine.

      3.  The Department may suspend the certificate of number or validation decal of an impounded or quarantined vessel until:

      (a) The operator or owner of the vessel has completed the decontamination of the vessel; and

      (b) The Department has inspected the vessel and determined that it is in compliance with NRS 488.530.

      (Added to NRS by 2011, 2403)

      NRS 488.536  Fees; decal; exceptions.

      1.  Except as otherwise provided in subsection 6, a person shall not operate a vessel on the waters of this State unless the person has:

      (a) Paid to the Department the aquatic invasive species fee established pursuant to subsection 4; and

      (b) Attached the aquatic invasive species decal issued pursuant to subsection 2 to the port side transom of the vessel so that the decal is distinctly visible.

      2.  The Department shall issue to a person who pays the fee established pursuant to subsection 4 an aquatic invasive species decal as evidence of the payment of the aquatic invasive species fee.

      3.  Aquatic invasive species decals expire at the end of each calendar year. Only the decal for the current year may be displayed on a vessel.

      4.  The Commission shall establish by regulation an aquatic invasive species fee, which:

      (a) For a motorboat which is owned or operated by a person who is a resident of this State, must not exceed $10;

      (b) For a vessel, other than a motorboat, which is owned or operated by a person who is a resident of this State, must not exceed $5;

      (c) For a motorboat which is owned or operated by a nonresident of this State, must be $20; and

      (d) For a vessel, other than a motorboat, which is owned or operated by a nonresident of this State, must be $10.

      5.  The aquatic invasive species fee established pursuant to subsection 4 must be paid annually for the issuance of an aquatic invasive species decal. The fee must be deposited in the Wildlife Fund Account in the State General Fund and used by the Department for enforcement of this section, NRS 488.530, 488.533 and 503.597 and for education about and management of aquatic invasive species.

      6.  The provisions of this section do not apply to a person who operates a vessel on the waters of:

      (a) The Colorado River, Lake Mead or Lake Mohave if, as determined by the Department, the vessel is registered in Arizona and Arizona has a program in effect for the management of aquatic invasive species; or

      (b) Lake Tahoe or Topaz Lake if, as determined by the Department, the vessel is registered in California and California has a program in effect for the management of aquatic invasive species.

      (Added to NRS by 2011, 2403; A 2013, 433)

Miscellaneous Provisions

      NRS 488.540  Commission may establish and maintain pilot rules; operator to maintain proper lookout; operation of vessel without required equipment prohibited.

      1.  The Commission may establish and maintain for the operation of vessels on the waters of this state pilot rules in conformity with the pilot rules contained in Federal Navigation Laws or the navigation rules promulgated by the United States Coast Guard.

      2.  A person shall operate a vessel in this state in conformance with the pilot rules adopted by the Commission.

      3.  The operator of any vessel in this state shall maintain a proper lookout for other vessels, obstructions or hazards. An operator of a vessel who fails to maintain a proper lookout and causes injury to another person or property damage to another vessel is guilty of a misdemeanor.

      4.  A person shall not operate or give permission for the operation of a vessel which is not equipped as required by this section and NRS 488.185, 488.187 and 488.193.

      (Added to NRS by 1977, 138; A 1985, 343; 1989, 1773; 2009, 365)

      NRS 488.550  Collisions, accidents and other casualties.

      1.  The operator of a vessel involved in a collision, accident or other casualty shall, so far as the operator can do so without serious danger to his or her own vessel, crew and passengers, render to other persons affected by the casualty such assistance as may be practicable and as may be necessary to save them from or minimize any danger caused by the casualty, and shall give his or her name, address and the identification of his or her vessel in writing to any person injured and to the owner of any property damaged in the casualty.

      2.  In the case of collision, accident or other casualty involving a vessel, the operator thereof, if the casualty results in death or injury to a person or damage to property in excess of $2,000, shall file with the Department a full description of the casualty, including, without limitation, such information as the Commission may, by regulation, require.

      3.  Upon receipt of a claim under a policy of insurance with respect to a collision, accident or other casualty for which a report is required by subsection 2, the insurer shall provide written notice to the insured of the insured’s responsibility pursuant to subsection 2 to file with the Department a full description of the casualty.

      4.  Upon receipt of a request for repair with respect to a collision, accident or other casualty for which a report is required by subsection 2, the person who repairs the vessel shall provide written notice to the person requesting the repairs of the requirement set forth in subsection 2 that the operator file with the Department a full description of the casualty.

      5.  The insurer and the person who repairs a vessel shall transmit a copy of each notice they provide pursuant to subsections 3 and 4, respectively, to the Department at the same time the notice is provided to the insured or person requesting the repairs.

      6.  The Department shall investigate or cause to be investigated a collision, accident or other casualty involving a vessel which results in death or substantial bodily injury and shall gather evidence to be used in the prosecution of a person charged with violating a law in connection with the collision, accident or other casualty. The Department may investigate or cause to be investigated a collision, accident or other casualty involving a vessel which does not result in death or substantial bodily injury and may gather evidence to be used in the prosecution of a person charged with violating a law in connection with the collision, accident or other casualty.

      (Added to NRS by 1960, 480; A 1965, 1066; 1971, 760; 1983, 334; 1985, 1968; 1993, 1651, 2015; 1999, 712; 2003, 1578; 2013, 1300)

      NRS 488.560  Transmittal of information regarding collision or accident to federal agency.  In accordance with any request made by an authorized official or agency of the United States, any information compiled or otherwise available to the Department pursuant to NRS 488.550 must be transmitted to the official or agency of the United States.

      (Added to NRS by 1960, 480; A 1965, 1066; 1971, 760; 1985, 1969; 1993, 1651; 2003, 1579)

Prohibited Acts

      NRS 488.570  Operation of vessel towing person on water skis, surfboard, inflatable device or similar device; operation of vessel within 100 feet of person being towed.

      1.  A person shall not operate a vessel on any waters of this state towing a person on water skis, a surfboard, an inflatable device or any similar device unless the operator:

      (a) Is at least 16 years of age; or

      (b) Is at least 14 years of age, if a passenger in the vessel is a person who is 18 years of age or older and is in a position to supervise the operator.

      2.  A person shall not operate a vessel on any waters of this state towing a person on water skis, a surfboard, an inflatable device or any similar device unless there is in the vessel a person, in addition to the operator, who is in a position to observe the person being towed and is:

      (a) At least 14 years of age; or

      (b) At least 12 years of age, if another passenger in the vessel is a person who is 18 years of age or older.

Ê The observer shall continuously observe the person being towed and shall immediately display so as to be visible from every direction, an international orange flag of at least 12 inches in height by 12 inches in width when the person being towed is getting ready to be towed and has a rope or line extended to him or her, or ceases to be towed and is in the water awaiting pickup by the vessel.

      3.  When within 100 feet of the person in the water, every vessel, other than the vessel towing the person, must be operated at a speed that leaves a flat wake, but in no case may it be operated at a speed greater than 5 nautical miles per hour.

      4.  A person shall not operate a vessel on any waters of this state towing a person on water skis, a surfboard or similar device, or engage in waterskiing, surfboarding or similar activity from sunset to sunrise, as established by the Nautical Almanac Office, United States Naval Observatory, Washington, D.C.

      5.  The provisions of this section do not apply to a performer engaged in a professional exhibition or a person engaged in an activity authorized under NRS 488.305.

      (Added to NRS by 1960, 480; A 1965, 1066; 1975, 647; 1985, 343; 1987, 764; 1991, 856; 2009, 365)

      NRS 488.575  Wearing of personal flotation device by passenger younger than 13 years of age: Duty of person who operates, owns or controls vessel; exceptions.

      1.  Except as otherwise provided in subsection 2, a person shall not operate or authorize another person to operate a vessel under his or her ownership or control on any waters of this State unless each person on the vessel who is less than 13 years of age is wearing a personal flotation device of a type approved by the United States Coast Guard and prescribed by the regulations of the Commission while the vessel is under way.

      2.  The provisions of subsection 1 do not apply to persons on board:

      (a) A commercial vessel licensed by the United States Coast Guard for the transportation of passengers for hire; or

      (b) Any other vessel who are below the deck or inside a cabin of the vessel.

      (Added to NRS by 2001, 1948; A 2007, 1721)

      NRS 488.580  Operation of personal watercraft.

      1.  A person shall not operate or authorize another person to operate a personal watercraft under his or her ownership or control:

      (a) In a reckless or negligent manner so as to endanger the life or property of another person.

      (b) Unless the operator and each passenger is wearing a personal flotation device of a type approved by the United States Coast Guard and prescribed by the regulations of the Commission.

      (c) Unless the operator is at least 14 years of age.

      (d) Unless the operator satisfies any applicable provisions of NRS 488.730.

      2.  There is prima facie evidence that a person is operating a personal watercraft in a reckless or negligent manner if that person commits two or more of the following acts simultaneously:

      (a) Operates the personal watercraft within a zone closer than 5 lengths of the longest vessel, unless both are leaving a flat wake or traveling at a speed of not more than 5 nautical miles per hour.

      (b) Operates the personal watercraft in the vicinity of a motorboat in a manner that obstructs the visibility of either operator.

      (c) Heads into the wake of a motorboat which is within a zone closer than 5 lengths of the longest vessel and causes one-half or more of the length of the personal watercraft to leave the water.

      (d) Within a zone closer than 5 lengths of the longest vessel, maneuvers quickly, turns sharply or swerves, unless the maneuver is necessary to avoid collision.

      3.  As used in this section, “personal watercraft” means a class A motorboat which:

      (a) Is less than 13 feet in length;

      (b) Is designed to be operated by a person sitting, standing or kneeling on, rather than in, the motorboat;

      (c) Is capable of performing sharp turns or quick maneuvers; and

      (d) Has a motor that exceeds 10 horsepower.

      (Added to NRS by 1991, 852; A 2001, 1719, 1948; 2003, 74)

      NRS 488.585  Operation of motorboat in excess of certain speed prohibited unless engine cut-off switch is present, connected and operating properly; attachment of engine cut-off switch link.

      1.  A person who owns or controls a motorboat that is equipped with an engine cut-off switch shall not operate or authorize another person to operate the motorboat at a rate of speed greater than 5 nautical miles per hour if the engine cut-off switch or engine cut-off switch link is missing, disconnected or not operating properly.

      2.  A person shall not operate a motorboat that is equipped with an engine cut-off switch at a rate of speed greater than 5 nautical miles per hour unless the engine cut-off switch link is attached to his or her body, clothing or personal flotation device.

      3.  As used in this section:

      (a) “Engine cut-off switch” means a switch that automatically stops the engine of a motorboat if activated by an engine cut-off switch link.

      (b) “Engine cut-off switch link” means a device that, if attached to an operator, activates an engine cut-off switch if the operator is separated from the motorboat. The term includes a lanyard or other mechanical device and a wireless cut-off device.

      (c) “Wireless cut-off device” means an engine cut-off switch link that transmits an electromagnetic signal to an engine cut-off switch.

      (Added to NRS by 2007, 405)

      NRS 488.590  Overloading vessel prohibited.  No owner or operator of any vessel shall knowingly permit such vessel to be loaded with passengers or cargo beyond the maximum allowable weight capacity of such vessel, nor beyond its safe carrying capacity, taking into consideration weather and other operating conditions.

      (Added to NRS by 1957, 570; A 1960, 483)

      NRS 488.600  Unlawful operation of vessel: Reduced speed required in certain areas.  Every owner, operator or person in command of any vessel is guilty of a misdemeanor who operates it or permits it to be operated at a speed in excess of 5 nautical miles per hour in any of the following areas:

      1.  Within 100 feet of any person who is engaged in the act of bathing, wading, diving, floating or swimming.

      2.  Within 200 feet of any:

      (a) Beach frequented by persons who engage in the acts of bathing, wading, diving, floating or swimming.

      (b) Swimming float, diving platform or lifeline.

      (c) Way or landing float to which vessels are made fast or which is used for the embarkation or discharge of passengers.

      [1:143:1951]—(NRS A 1999, 960)

      NRS 488.610  Unlawful operation of vessel in restricted area; designation and marking of restricted areas.

      1.  No person may operate a vessel, other than a patrol vessel, in an area designated as restricted, except in an emergency. Such area shall be designated only with the consent of the Commission and shall be clearly marked.

      2.  The Commission may adopt regulations relating to the operation of vessels in areas properly marked by divers’ flags or other suitable devices.

      (Added to NRS by 1963, 105; A 1965, 1066; 1971, 760)

      NRS 488.620  Operation of vessel in area marked for bathing, wading, diving, floating or swimming.  A person shall not operate a vessel within a water area which is clearly marked by buoys or some other distinguishing device as an area designated for bathing, wading, diving, floating or swimming. Such an area must be so marked only with the consent of the Commission.

      (Added to NRS by 1957, 570; A 1960, 483; 1985, 343; 1999, 960)

      NRS 488.630  Operation of vessel in unsafe condition; penalties.

      1.  A game warden, sheriff or other peace officer of this State or any of its political subdivisions who observes a vessel being operated in an unsafe condition may direct the operator of the vessel to take immediate steps to correct the condition. If the condition cannot be corrected immediately and constitutes an immediate risk of bodily injury or damage to property, the peace officer may order the operator to remove the vessel to port or the nearest safe moorage.

      2.  For the purposes of this section, a vessel is being operated in an unsafe condition if it:

      (a) Is overloaded beyond the manufacturer’s recommended safe loading capacity;

      (b) Has an insufficient number of personal flotation devices approved by the United States Coast Guard;

      (c) Has no fire extinguisher as required by NRS 488.193;

      (d) Fails to display the proper navigational lights between sunset and sunrise;

      (e) Is leaking fuel or has fuel in the bilges;

      (f) Is improperly ventilated;

      (g) Has an improper device for controlling backfire flame; or

      (h) Is being operated in extremely adverse conditions.

      3.  An operator who refuses to take immediate steps to correct the condition or fails to comply with the directions of the peace officer shall be punished:

      (a) If no injury results, for a misdemeanor;

      (b) If bodily injury or damage to property in excess of $200 results, for a gross misdemeanor; or

      (c) If the death of another person results, for a category D felony as provided in NRS 193.130.

      (Added to NRS by 1991, 852; A 1995, 1302)

OPERATION OF MOTORBOATS ON INTERSTATE WATERS; INSTRUCTION IN SAFE BOATING

      NRS 488.730  Operation of certain motorboats on interstate waters of State by persons born on or after January 1, 1983: Requirements; presentation to peace officer of certain documentation; duties of certain persons engaged in business of renting or leasing motorboats.

      1.  A person born on or after January 1, 1983, shall not operate a motorboat that has a motor which exceeds 15 horsepower on any interstate waters of this State unless the operator:

      (a) Has:

             (1) Successfully completed a course in safe boating that is approved by the National Association of State Boating Law Administrators or passed a proficiency examination if the examination was proctored and tested the knowledge of information included in the curriculum of such a course; and

             (2) Received a certificate as evidence of successful completion of the course or passage of the examination;

      (b) Possesses a license to operate a vessel issued for maritime personnel by the United States Coast Guard pursuant to 46 C.F.R. Part 10 or an equivalent license issued by the Canadian Coast Guard;

      (c) Possesses a nonrenewable temporary operator’s permit to operate the motorboat which is valid for 60 days and was issued with the certificate of number for the motorboat if the boat is new or was sold with a transfer of ownership;

      (d) Possesses a rental or lease agreement provided pursuant to subsection 3 which lists the person as an authorized operator of the motorboat; or

      (e) Is not a resident of this State, is at least 18 years of age, is temporarily using the interstate waters of this State for a period not to exceed 60 consecutive days and satisfies any applicable requirements of the person’s state of residency or province relating to the operation of a motorboat.

      2.  A person born on or after January 1, 1983, who is operating a motorboat that has a motor which exceeds 15 horsepower on any interstate waters of this State and who is stopped by a game warden, sheriff or other peace officer in the enforcement of this chapter or the regulations adopted pursuant thereto shall present to the game warden, sheriff or peace officer:

      (a) The certificate received by the person pursuant to subparagraph (2) of paragraph (a) of subsection 1;

      (b) A license described in paragraph (b) of subsection 1;

      (c) An operator’s permit for the motorboat described in paragraph (c) of subsection 1;

      (d) A rental or lease agreement for the motorboat provided pursuant to subsection 3 which lists the person as an authorized operator of the motorboat; or

      (e) Proof that the person satisfies the requirements of paragraph (e) of subsection 1.

Ê Failure to present the certificate, license, permit, agreement or proof constitutes prima facie evidence of a violation of subsection 1. A person who fails to present the certificate, license, permit, agreement or proof is guilty of a misdemeanor unless the person presents the required documents in court. The documents must prove that the person was operating the motorboat in compliance with this section on the date of the violation.

      3.  A person or an agent or employee of a person engaged in the business of renting or leasing motorboats for operation on the interstate waters of this State shall not rent or lease a motorboat that has a motor which exceeds 15 horsepower to any person born on or after January 1, 1983, for operation on the interstate waters of this State unless the person:

      (a) Is 18 years of age or older; and

      (b) Signs an affidavit that the person:

             (1) Has successfully completed a course in safe boating that is approved by the National Association of State Boating Law Administrators or has passed a proficiency examination that was proctored and tests knowledge of the information included in the curriculum of such a course;

             (2) Possesses a license to operate a vessel issued for maritime personnel by the United States Coast Guard pursuant to 46 C.F.R. Part 10 or an equivalent license issued by the Canadian Coast Guard; or

             (3) Is not a resident of this State, is temporarily using the interstate waters of this State for a period not to exceed 60 consecutive days and satisfies any applicable requirements of the person’s state of residency or province relating to the operation of a motorboat.

      4.  A person or an agent or employee of a person engaged in the business of renting or leasing motorboats for operation on the interstate waters of this State shall list on each rental or lease agreement for a motorboat the name and age of each person who is authorized to operate the motorboat. The person to whom the motorboat is rented or leased shall ensure that only those persons who are listed as authorized operators are allowed to operate the motorboat. A person who is under 16 years of age may:

      (a) Be listed as an authorized operator.

      (b) Operate the motorboat only if an authorized operator who is 18 years of age or older is on board the motorboat and supervises the person.

      5.  A person or an agent or employee of a person engaged in the business of renting or leasing motorboats for operation on the interstate waters of this State shall provide to each authorized operator of a motorboat a summary of the statutes and regulations governing the operation of a motorboat and instructions regarding the safe operation of the motorboat. Each person who is listed as an authorized operator of the motorboat shall review the summary of the statutes, regulations and instructions before the motorboat departs from the rental or leasing office.

      (Added to NRS by 2001, 1717)

      NRS 488.740  Department to certify persons to provide instruction in safe boating; powers and duties of Department concerning courses in safe boating.

      1.  The Department shall certify persons to provide, in cooperation with the Department, instruction in safe boating approved by the National Association of State Boating Law Administrators. All persons who successfully complete the course must be issued a certificate evidencing successful completion.

      2.  The Department may offer the courses in cooperation with organizations that provide education in safe boating, including, without limitation, the United States Coast Guard Auxiliary and the United States Power Squadrons.

      3.  The Department shall maintain a list, available for public inspection, of the availability of courses in safe boating and any instructors who are certified pursuant to subsection 1.

      (Added to NRS by 2001, 1719; A 2003, 1579)

      NRS 488.750  Persons born on or after January 1, 1983, to submit to Department certification of completion of course or passage of proficiency examination in safe boating; database of certificates.

      1.  A person born on or after January 1, 1983, who is a resident of this State and who possesses a certificate that evidences his or her successful:

      (a) Completion of a course in safe boating that is approved by the National Association of State Boating Law Administrators, including, without limitation, courses offered pursuant to NRS 488.740 and courses offered by the United States Coast Guard Auxiliary or the United States Power Squadrons; or

      (b) Passage of a proficiency examination that was proctored and tests the knowledge of the information included in the curriculum of such a course,

Ê shall submit or cause to be submitted a copy of the certificate to the Department. The Department may request additional information necessary for the Department to maintain the database pursuant to subsection 2.

      2.  The Department shall establish and maintain a database of certificates that it receives pursuant to subsection 1. The database must include, without limitation, the:

      (a) Name, date of birth and gender of the holder of the certificate;

      (b) Date, location and name of the course completed or examination passed by the holder of the certificate; and

      (c) Number on the certificate.

      (Added to NRS by 2001, 1719; A 2003, 1579)

ENFORCEMENT

      NRS 488.900  Enforcement by game wardens and other peace officers; inspection of vessel.

      1.  Every game warden, sheriff and other peace officer of this State and its political subdivisions shall enforce the provisions of this chapter and may stop and board any vessel subject to the provisions of this chapter.

      2.  Any vessel located upon the waters of this State is subject to inspection by the Department or any lawfully designated agent or inspector thereof at any time to determine whether the vessel is equipped in compliance with the provisions of this chapter.

      3.  Any vessel located upon the waters of this State is subject to inspection by the Division of Environmental Protection of the State Department of Conservation and Natural Resources or any lawfully designated agent or inspector thereof at any time to determine whether the vessel is equipped in compliance with the provisions of NRS 488.320. As used in this subsection, “vessel” includes any watercraft or structure floating on the water, whether or not capable of self-locomotion, including houseboats, barges and similar structures.

      (Added to NRS by 1960, 482; A 1963, 968; 1965, 1067; 1967, 1175; 1971, 761; 1973, 1406; 1985, 1969; 1993, 57, 1652; 1995, 509; 2003, 1580)

      NRS 488.910  Seizure of vessel to preserve evidence of crime; payment of storage fees.

      1.  If a peace officer has probable cause to believe that a vessel or its contents contain evidence tending to show that a criminal offense has been committed or that a particular person has committed an offense, the officer may take whatever steps are reasonable to ensure the preservation of the evidence including safe storage of the vessel or its contents.

      2.  If a criminal conviction is obtained as a result of an action taken pursuant to subsection 1, the person convicted shall pay any storage fees incurred pursuant to that subsection. If a conviction is not obtained, the law enforcement agency that seized the vessel pursuant to subsection 1 shall pay those fees.

      (Added to NRS by 1989, 1773; A 1993, 1653; 1999, 1070)

      NRS 488.915  Seizure of vessel by peace officer: Criteria; duties of law enforcement agency.

      1.  In addition to any seizure authorized pursuant to NRS 488.910, any peace officer, without a warrant, may seize and take possession of any vessel:

      (a) Which is being operated with any improper number, certificate of number or certificate of ownership;

      (b) Which the peace officer has probable cause to believe has been stolen;

      (c) On which any hull number or other identifying mark has been falsely attached, removed, defaced, altered or obliterated; or

      (d) Which contains a part on which was placed or stamped by the manufacturer pursuant to federal law or regulation an identification number or other distinguishing number or mark that has been falsely attached, removed, defaced, altered or obliterated.

      2.  A law enforcement agency shall inspect any vessel seized pursuant to paragraph (c) or (d) of subsection 1 to determine whether the number or mark in question on the vessel or part from the vessel has been falsely attached, removed, defaced, altered or obliterated and whether any person has presented satisfactory evidence of ownership of the vessel.

      3.  If the results of the investigation conclude that the number or mark in question has been falsely attached, removed, defaced, altered or obliterated and no person has presented satisfactory evidence of ownership, then the law enforcement agency may treat the vessel as abandoned and proceed in the manner set forth in NRS 488.293.

      (Added to NRS by 2013, 1300)

      NRS 488.920  Citation; taking person before magistrate.  Whenever any person is halted by a game warden, sheriff or peace officer for any violation of this chapter, the person shall, in the discretion of the game warden, sheriff or peace officer either be given a citation or be taken without unnecessary delay before the proper magistrate. The person shall be taken before the magistrate in either of the following cases:

      1.  When the person does not furnish satisfactory evidence of identity; or

      2.  When the game warden, sheriff or peace officer has reasonable and probable grounds to believe the person will disregard a written promise to appear in court.

      (Added to NRS by 1971, 830)

PENALTIES

      NRS 488.950  Penalty for violating provision of chapter: Criminal penalty; authority of court to require successful completion of course in safe boating as prerequisite to operation of motorboat upon interstate waters of State.

      1.  Except as otherwise provided in this chapter, any person who violates any of the provisions of this chapter is guilty of a misdemeanor.

      2.  A court may prohibit a person who violates any of the provisions of this chapter from operating a motorboat upon the interstate waters of this State until the person successfully completes, after the date of the violation, a course in safe boating approved by the National Association of State Boating Law Administrators. As used in this subsection, “interstate waters of this State” means waters forming the boundary between the State of Nevada and an adjoining state.

      (Added to NRS by 1960, 482; A 1991, 857; 2001, 1720)