(1) As used in this section, "watercraft" means a motorboat or sailboat. (2) The division shall create a watercraft operator safety course for the purpose of developing and instilling the knowledge, attitudes, habits, and skills necessary for the safe and ethical operation of a watercraft. (3) The course shall include: (a) instruction on personal flotation devices as described in Subsection 73-18-8(1); (b) instruction on driving under the influence, as described in Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving, in relation to the operation of a watercraft while under the influence of alcohol, any drug, or the combined influence of alcohol and any drug; (c) instruction on best practices for safe operation and navigation of watercraft; (d) information about aquatic invasive species necessary to fulfill the requirements described in Subsection 23A-10-304(4); and (e) other safety information determined by the division. (4) A watercraft operator shall complete the course once every calendar year. (5) The division shall ensure that an individual may complete the course in less than 20 minutes on average. (6) (a) The division shall issue proof of completion of the watercraft safety course to a watercraft operator upon completion of the watercraft operator safety course. (b) The proof of completion expires the day after December 31 in the calendar year which the operator completes the watercraft operator safety course. (7) Except as provided in Subsection (9)(b), an individual may not operate a watercraft unless the individual has in the individual's immediate possession proof that the individual completed the watercraft operator safety course described in this section within the current calendar year. (8) Completion of the watercraft operator safety course does not satisfy the requirements of the personal watercraft safety course described in Section 73-18-15.2. (9) A livery may not rent a watercraft to an individual unless: (a) the individual provides proof to the livery that the individual completed the watercraft operator safety course within the current calendar year; or (b) the livery provides the individual with a safety briefing as described in Subsection (10). (10) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division, after notifying the commission, shall make rules to create and manage a watercraft operator safety briefing. (b) The watercraft operator safety briefing described in Subsection (10)(a) shall cover topics contained in the safety course described in Subsection (2) appropriate for liveries. (c) If an individual attempts to rent a watercraft from a livery and the individual does not have proof of completion of the watercraft operator safety course, the livery shall provide a watercraft operator safety briefing before renting a watercraft to the individual. (11) An individual who violates Subsection (7) is guilty of an infraction.
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