California Harbors and Navigation Code § 651

As used in this chapter, the following definitions apply unless the context clearly requires a different meaning: (a) “Alcohol” means any form or derivative of ethyl alcohol (ethanol). (b) “Alcohol concentration” means either grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath. (c) “Associated equipment” means any of the following, excluding radio equipment: (1) Any system, part, or component of a boat as originally manufactured or any similar part or component manufactured or sold for replacement, repair, or improvement of the system, part, or component. (2) Any accessory or equipment for, or appurtenance to, a boat. (3) Any marine safety article, accessory, or equipment intended for use by a person on board a boat. (d) “Boat” means any vessel that is any of the following: (1) Manufactured or used primarily for noncommercial use. (2) Leased, rented, or chartered to another for the latter’s noncommercial use. (3) Engaged in the carrying of six or fewer passengers, including those for-hire vessels carrying more than three passengers while using inland waters of the state that are not declared navigable by the United States Coast Guard. (4) Commercial vessels required to be numbered pursuant to Section 9850 of the Vehicle Code. (e) “Chemical test” means a test that analyzes an individual’s breath, blood, or urine for evidence of drug or alcohol use. (f) “Controlled substance” means controlled substance as defined in Section 11007 of the Health and Safety Code. (g) “Department” means the Department of Boating and Waterways. (h) “Director” means the Director of Boating and Waterways. (i) “Drug” means any substance or combination of substances other than alcohol that could so affect the nervous system, brain, or muscles of a person as to impair to an appreciable degree the person’s ability to operate a vessel in the manner that an ordinarily prudent person, in full possession of their faculties, using reasonable care, would operate a similar vessel under like conditions. (j) “Engine cut-off switch” means a switch that automatically stops the engine of a power-driven vessel if activated by an engine cut-off switch link. (k) “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 power-driven vessel. This term includes a lanyard or another mechanical device and a wireless cut-off link that transmits an electromagnetic signal to an engine cut-off switch. ( l ) “Intoxicant” means any form of alcohol, drug, or combination thereof. (m) “Legal owner” is a person holding the legal title to a vessel under a conditional sale contract, the mortgagee of a vessel, or the renter or lessor of a vessel to the state, or to any county, city, district, or political subdivision of the state, under a lease, lease-sale, or rental-purchase agreement that grants possession of the vessel to the lessee for a period of 30 consecutive days or more. (n) “Manufacturer” means any person engaged in any of the following: (1) The manufacture, construction, or assembly of boats or associated equipment. (2) The manufacture or construction of components for boats and associated equipment to be sold for subsequent assembly. (3) The importation into this state for sale of boats, associated equipment, or components thereof. (o) “Marine employer” means the owner, managing operator, charterer, agent, master, or person in charge of a vessel, other than a recreational vessel. (p) “Motorboat” means any vessel propelled by machinery, whether or not the machinery is the principal source of propulsion, but shall not include a vessel that has a valid marine document issued by the United States Coast Guard or any federal agency successor thereto. (q) “Operator” means the person aboard a vessel who meets any of the following: (1) Is steering the vessel while underway. (2) Is re

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