CHAPTER 462A WATER NAVIGATION REGULATIONS
This chapter not enacted as a part of this title; transferred from chapter 106 in Code 1993

462A.1 DECLARATION OF POLICY.
462A.2 DEFINITIONS.
462A.3 POWERS AND DUTIES OF COMMISSION.
462A.4 OPERATION OF UNNUMBERED VESSELS PROHIBITED.
462A.5 REGISTRATION AND IDENTIFICATION NUMBER.
462A.5A FILING BOND AS ASSURANCE OF OWNERSHIP.
462A.6 EXEMPTION FROM REGISTRATION PROVISIONS OF THIS CHAPTER.
462A.6A EXEMPTION FROM DISPLAY OF REGISTRATION AND CAPACITY NUMBERS.
462A.7 OCCURRENCES INVOLVING VESSELS.
462A.8 TRANSMITTAL OF INFORMATION.
462A.9 CLASSIFICATION AND REQUIRED EQUIPMENT.
462A.10 BOAT LIVERIES.
462A.11 MUFFLING DEVICES.
462A.12 PROHIBITED OPERATION.
462A.13 PENALTY.
462A.14 OPERATING A MOTORBOAT OR SAILBOAT WHILE INTOXICATED.
462A.14A IMPLIED CONSENT TO TEST.
462A.14B REFUSAL TO SUBMIT -- PENALTY.
462A.14C STATEMENT OF OFFICER.
462A.14D TESTS PURSUANT TO WARRANTS.
462A.14E VIOLATIONS OF ORDERS NOT TO OPERATE A MOTORBOAT OR SAILBOAT.
462A.14F DEPARTMENT RECORDKEEPING.
462A.15 WATER SKIS AND SURFBOARDS.
462A.16 REGATTAS, RACES, MARINE PARADES, TOURNAMENTS OR EXHIBITIONS.
462A.17 LOCAL REGULATIONS RESTRICTED.
462A.18 OWNER'S CIVIL LIABILITY.
462A.20 BOAT INSPECTION.
462A.21 FEES.
462A.22 ENGINEER OR PILOT LICENSE.
462A.23 SUSPENSION OR REVOCATION.
462A.24 OVERLOADING OF VESSELS.
462A.25 PENALTY.
462A.26 RIGHT-OF-WAY RULES -- SPEED AND DISTANCE RULES -- ZONING WATER AREAS.
462A.27 REMOVAL OF NONPERMANENT STRUCTURES.
462A.28 UNWORTHY VESSELS DRYDOCKED.
462A.29 OFFICIAL DUTY EXEMPTED.
462A.30 AIRCRAFT RESTRICTION.
462A.31 ARTIFICIAL LAKES.
462A.32 RULES FOR BUOYS.
462A.33 DRIVING OVER ICE.
462A.34 AUTHORIZED EMERGENCY VESSELS.
462A.34A VEHICLES PROHIBITED IN STREAMBED.
462A.34B ELUDING OR ATTEMPTING TO ELUDE PURSUING LAW ENFORCEMENT VESSEL -- PENALTY.
462A.35 SPECIAL CERTIFICATE FOR MANUFACTURER OR DEALER.
462A.36 FEE FOR CERTIFICATE.
462A.37 NUMBER ASSIGNED -- SPECIAL SIGNS.
462A.38 DUPLICATES.
462A.39 EXPIRATION DATE.
462A.40 RECORD OF USE.
462A.41 SEPARATE CERTIFICATE FOR EACH CITY.
462A.42 LIST OF USED BOATS ON HAND FURNISHED.
462A.43 TRANSFER OF OWNERSHIP.
462A.44 APPLICATION FOR TRANSFER.
462A.45 TRANSFER BY DEALER.
462A.46 PURCHASE OF REGISTERED VESSEL BY DEALER.
462A.47 TRANSFER TO DEALER.
462A.48 SALES BY MANUFACTURER OR DEALER.
462A.49 PROHIBITED USE OF "APPLIED FOR" CARD.
462A.50 OFFICIAL CARDS ONLY TO BE USED.
462A.51 COUNTY RECORDER -- DUTIES.
462A.52 FEES REMITTED TO COMMISSION.
462A.53 AMOUNT OF WRITING FEES.
462A.54 DISPOSAL OF WRITING FEES.
462A.55 SALES OR USE TAX TO BE PAID BEFORE REGISTRATION.
462A.56 THROUGH 462A.65
462A.66 INSPECTION AUTHORITY.
462A.67 INSPECTION DEFICIENCY ORDER.
462A.68 TERMINATION OF USE.
462A.69 PUBLIC USE OF WATER FOR NAVIGATION PURPOSES.
462A.70 HULL IDENTIFICATION, CAPACITY PLATES, WARNING LABELS.
462A.71 RECIPROCITY.
462A.72 THROUGH 462A.76
462A.77 OWNER'S CERTIFICATE OF TITLE -- IN GENERAL.
462A.78 FEES -- SURCHARGE -- DUPLICATES.
462A.79 OBTAINING MANUFACTURER'S OR IMPORTER'S CERTIFICATE OF ORIGIN.
462A.80 HULL IDENTIFICATION NUMBER OF VESSEL.
462A.81 DEALER'S RECORD OF VESSELS BOUGHT, SOLD, OR TRANSFERRED.
462A.82 TRANSFER OR REPOSSESSION OF VESSEL BY OPERATION OF LAW -- COAST GUARD DOCUMENTATION OF VESSEL.
462A.83 SECURITY INTEREST IN VESSELS -- EXEMPTIONS.
462A.84 PERFECTION AND TITLES -- FEE.
462A.85 FORMS -- INVESTIGATIONS.



        

462A.1 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.

         Section History: Early Form

         [C97, § 2511; C24, 27, 31, § 1691; C35, § 1703-e1; C39, §
      1703.01; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §
      106.1] 

         Section History: Recent Form

         C93, § 462A.1
        

462A.2 DEFINITIONS. As used in this chapter, unless the context clearly requires a different meaning: 1. "Alcohol concentration" means the number of grams of alcohol per any of the following: a. One hundred milliliters of blood. b. Two hundred ten liters of breath. c. Sixty-seven milliliters of urine. 2. "Alcoholic beverage" includes alcohol, wine, spirits, beer, or any other beverage which contains ethyl alcohol and is fit for human consumption. 3. "Authorized emergency vessel" means any vessel which is designated or authorized by the commission for use in law enforcement, search and rescue, and disaster work. 4. "Boat livery" means a person who holds a vessel for hire, renting, leasing, or chartering including hotels, motels, or resorts which furnish a vessel to guests as part of the services of the business. 5. "Certificate" means a certificate of title. 6. "Chemical test" means an analysis of a person's blood, breath, urine, or other bodily substance for the determination of the presence of alcohol, a controlled substance, or a drug. 7. "Commission" means the natural resource commission. 8. "Controlled substance" means any drug, substance, or compound that is regulated under chapter 124, including any counterfeit substance or simulated controlled substance, as well as any metabolite or derivative of the drug, substance, or compound. 9. "Cut-off switch" means an operable factory-installed or dealer-installed emergency cut-off engine stop switch that is installed on a personal watercraft. 10. "Cut-off switch lanyard" means the cord used to attach the person of the operator of a personal watercraft to the cut-off switch. 11. "Dealer" means a person who engages in whole or in part in the business of buying, selling, or exchanging vessels either outright or on conditional sale, bailment, lease, security interest, or otherwise, and who has an established place of business for sale, trade, and display of vessels. A yacht broker is a dealer. 12. "Department" means the department of natural resources. 13. "Director" means the director of the department or the director's designee. 14. "Established place of business" means the place actually occupied either continuously or at regular periods by a dealer or manufacturer where the dealer's or manufacturer's books and records are kept and a large share of the dealer's or manufacturer's business is transacted. 15. "Farm pond" means a body of water wholly on the lands of a single owner, or a group of joint owners, which does not have any connection with any public waters and which is less than ten surface acres. 16. "Inboard" means a vessel in which the engine is located internally, the propulsion system is rigidly attached to the engine, and the propulsion mechanism is within the confines of the vessel's extreme length and beam. 17. "Inboard-outdrive" means a vessel in which the power plant or engine is located inside of the vessel and the propulsion mechanism is located outside of the transom. 18. "Inflatable vessel" means a vessel which achieves and maintains its intended shape and buoyancy by inflation. 19. "Lienholder" means a person holding a security interest. 20. "Manufacturer" means a person engaged in the business of manufacturing or importing new and unused vessels, or new and unused outboard motors, for the purpose of sale or trade. 21. "Motorboat" means any vessel propelled by an inboard, inboard-outdrive, or outboard engine, whether or not such engine is the principal source of propulsion. 22. "Navigable waters" means all lakes, rivers, and streams, which can support a vessel capable of carrying one or more persons during a total of six months in one out of every ten years. 23. "Nonresident" means every person who is not a resident of this state. 24. "Operate" means to navigate or otherwise use a vessel or motorboat. 25. "Operator" means a person who operates or is in actual physical control of a vessel. 26. "Owner" means a person, other than a lienholder, having the property right in or title to a motorboat or vessel. The term includes a person entitled to the use or possession of a vessel or motorboat subject to an interest in another person, reserved or created by agreement and securing payment or performance of an obligation, but the term excludes a lessee under a lease not intended as security. 27. "Passenger" means a person carried on board a vessel, including the operator, and anyone towed by a vessel on water skis, surfboards, inner tubes, or similar devices. 28. "Peace officer" means: a. A member of the state patrol. b. A police officer under civil service as provided in chapter 400. c. A sheriff. d. A regular deputy sheriff who has had formal police training. e. Any other certified law enforcement officer as defined in section 80B.3, who has satisfactorily completed an approved course relating to operating while intoxicated, either at the Iowa law enforcement academy or in a law enforcement training program approved by the department of public safety. 29. "Person" means an individual, partnership, firm, corporation, or association. 30. "Personal watercraft" means a vessel, less than sixteen feet in length, which is propelled by a water jet pump or similar machinery as its primary source of motor propulsion and is designed to be operated by a person sitting, standing, or kneeling on the vessel rather than being operated by a person sitting, standing, or kneeling inside the vessel. 31. "Privately owned lake" means any lake, located within the boundaries of this state and not subject to federal control covering navigation owned by an individual, group of individuals, or a nonprofit corporation and which is not open to the use of the general public but is used exclusively by the owners and their personal guests. 32. "Proceeds" includes whatever is received when collateral or proceeds are sold, exchanged, collected, or otherwise disposed of. The term also includes the account arising when the right to payment is earned under a contract right. Money, checks, and the like are cash "proceeds". All other proceeds are "noncash proceeds". 33. "Sailboard" means a windsurfing vessel with a mount for a sail, a daggerboard, and a small skeg. 34. "Sailboat" means any watercraft operated with a sail. 35. "Security interest" means an interest which is reserved or created by an agreement which secures payment or performance of an obligation and is valid against third parties generally. 36. "Serious injury" means a bodily injury which creates a substantial risk of death, or which causes serious permanent disfigurement, or which causes protracted loss or impairment of the function of any bodily organ or major bodily member, or which causes the loss of any bodily member. 37. "State of principal use" means the state on whose waters a vessel is used or to be used most during a calendar year. 38. "Undocumented vessel" means any vessel which is not required to have, and does not have, a valid marine document issued by the bureau of customs or a foreign government. 39. "Use" means to operate, navigate, or employ a vessel. A vessel is in use whenever it is upon the water. 40. "Vessel" means every description of watercraft, other than a seaplane, used or capable of being used as a means of transportation on water or ice. Ice boats are watercraft. 41. "Vessel for hire or commercial vessel" means a vessel for the use of which a fee of any nature is imposed, including vessels furnished as a part of lodge, hotel, or resort services. 42. "Wake" means any movement of water created by a vessel which adversely affects the activities of another person who is involved in activities approved for that area or which may adversely affect the natural features of the shoreline. 43. "Watercraft" means any vessel which through the buoyance force of water floats upon the water and is capable of carrying one or more persons. 44. "Waters of this state under the jurisdiction of the commission" means any navigable waters within the territorial limits of this state, and the marginal river areas adjacent to this state, exempting only farm ponds and privately owned lakes. 45. "Writing fee" means the amount paid by the boat owner to the county recorder for handling the transaction.

         Section History: Early Form

         [C97, § 2511; C24, 27, 31, § 1691; C35, § 1703-e1; C39, §
      1703.01, 1703.09, 1703.10; C46, 50, 54, 58, § 106.1, 106.9,
      106.10; C62, 66, 71, 73, 75, 77, 79, 81, § 106.2; 82 Acts, ch 1028, §
      2, 3] 

         Section History: Recent Form

         86 Acts, ch 1245, § 1823--1826; 87 Acts, ch 134, § 1, 2; 88 Acts,
      ch 1008, § 1; 88 Acts, ch 1134, § 24; 92 Acts, ch 1131, §1
         C93, § 462A.2
         2000 Acts, ch 1099, §1; 2002 Acts, ch 1133, §1; 2005 Acts, ch 35,
      §31; 2007 Acts, ch 28, §2; 2008 Acts, ch 1031, §53
         Referred to in §358.26, 459.310, 459B.202, 713.6A, 713.6B
        

462A.3 POWERS AND DUTIES OF COMMISSION. The commission is hereby vested with the power and is charged with the duty of observing, administering and enforcing the provisions of this chapter. The commission may adopt and enforce rules under chapter 17A as necessary to carry out this chapter and to protect private and public property and the health, safety, and welfare of the public. In adopting rules, the commission shall give consideration to the various uses to which they may be put by and for public and private purposes, the preservation of each body of water, its bed, waters, ice, banks, and public and private property attached thereto, and the need for uniformity of rules relating to the use, operation, and equipment of vessels and vehicles.

         Section History: Early Form

         [C97, § 2511, 2512; S13, § 2512; C24, 27, 31, § 1691, 1692, 1694;
      C35, § 1703-e1--1703-e3; C39, § 1703.01--1703.03, 1703.26; C46,
      50, 54, 58, § 106.1--106.3, 106.26; C62, 66, 71, 73, 75, 77, 79, 81,
      § 106.3; 82 Acts, ch 1028, § 4] 

         Section History: Recent Form

         86 Acts, ch 1245, § 1826
         C93, § 462A.3
         Referred to in § 462A.26
        

462A.4 OPERATION OF UNNUMBERED VESSELS PROHIBITED. Every vessel except as provided in sections 462A.6 and 462A.6A on the waters of this state under the jurisdiction of the commission shall be numbered. A person shall not operate, maintain or give permission for the operation or maintenance of any vessel on such waters unless the vessel is numbered in accordance with this chapter or in accordance with applicable federal laws or in accordance with a federally approved numbering system of another state and unless the certificate of number awarded to the vessel is in full force and effect.

         Section History: Early Form

         [C97, § 2512; S13, § 2512; C24, 27, 31, § 1692; C35, § 1703-e2,
      1703-e7; C39, § 1703.02, 1703.07; C46, 50, 54, 58, § 106.2,
      106.7; C62, 66, 71, 73, 75, 77, 79, 81, § 106.4; 82 Acts, ch 1028, §
      5] 

         Section History: Recent Form

         86 Acts, ch 1245, § 1826; 88 Acts, ch 1183, § 1
         C93, § 462A.4
         Referred to in § 462A.77, 805.8B(1b)
         For applicable scheduled fines, see §805.8B, subsection 1,
      paragraph b
        

462A.5 REGISTRATION AND IDENTIFICATION NUMBER. 1. The owner of each vessel required to be numbered by this state shall register it every three years with the commission through the county recorder of the county in which the owner resides, or, if the owner is a nonresident, the owner shall register it in the county in which such vessel is principally used. The commission shall develop and maintain an electronic system for the registration of vessels pursuant to this chapter. The commission shall establish forms and procedures as necessary for the registration of all vessels. The owner of the vessel shall file an application for registration with the appropriate county recorder on forms provided by the commission. The application shall be completed and signed by the owner of the vessel and shall be accompanied by the appropriate fee, and the writing fee specified in section 462A.53. Upon applying for registration, the owner shall display a bill of sale, receipt, or other satisfactory proof of ownership as provided by the rules of the commission to the county recorder. If the county recorder is not satisfied as to the ownership of the vessel or that there are no undisclosed security interests in the vessel, the county recorder may register the vessel but shall, as a condition of issuing a registration certificate, require the applicant to follow the procedure provided in section 462A.5A. Upon receipt of the application in approved form accompanied by the required fees, the county recorder shall enter it upon the records of the recorder's office and shall issue to the applicant a pocket-size registration certificate. The certificate shall be executed in triplicate, one copy to be delivered to the owner, one copy to the commission, and one copy to be retained on file by the county recorder. The registration certificate shall bear the number awarded to the vessel, the passenger capacity of the vessel, and the name and address of the owner. In the use of all vessels except nonpowered sailboats, nonpowered canoes, and commercial vessels, the registration certificate shall be carried either in the vessel or on the person of the operator of the vessel when in use. In the use of nonpowered sailboats, nonpowered canoes, or commercial vessels, the registration certificate may be kept on shore in accordance with rules adopted by the commission. The operator shall exhibit the certificate to a peace officer upon request or, when involved in an occurrence of any nature with another vessel or other personal property, to the owner or operator of the other vessel or personal property. A vessel that has an expired registration certificate from another state may be registered in this state upon proper application, payment of all applicable registration and writing fees, and payment of a penalty of five dollars. On all vessels except nonpowered sailboats the owner shall cause the identification number to be painted on or attached to each side of the bow of the vessel in such size and manner as may be prescribed by the rules of the commission. On nonpowered boats the number may be placed at alternate locations as prescribed by the rules of the commission. All numbers shall be maintained in a legible condition at all times. No number, other than the number awarded to a vessel under the provisions of this chapter or granted reciprocity pursuant to this chapter, shall be painted, attached or otherwise displayed on either side of the bow of such vessel. The owner of each vessel must display and maintain, in a legible manner and in a prominent spot on the exterior of such vessel, other than the bow, the passenger capacity of the vessel which must conform with the passenger capacity designated on the registration certificate. 2. When an agency of the United States government shall have in force an overall system of identification numbering for vessels, the numbering system prescribed by the commission pursuant to this chapter, shall be in conformity therewith. 3. The registration fees for vessels subject to this chapter are as follows: a. For vessels of any length without motor or sail, twelve dollars. b. For motorboats or sailboats less than sixteen feet in length, twenty-two dollars and fifty cents. c. For motorboats or sailboats sixteen feet or more, but less than twenty-six feet in length, thirty-six dollars. d. For motorboats or sailboats twenty-six feet or more, but less than forty feet in length, seventy-five dollars. e. For motorboats or sailboats forty feet in length or more, one hundred fifty dollars. f. For all personal watercraft, forty-five dollars. Every registration certificate and number issued becomes delinquent at midnight April 30 of the last calendar year of the registration period unless terminated or discontinued in accordance with this chapter. After January 1, 2007, an unregistered vessel and a renewal of registration may be registered for the three-year registration period beginning May 1 of that year. When unregistered vessels are registered after May 1 of the second year of the three-year registration period, such unregistered vessels may be registered for the remainder of the current registration period at two-thirds of the appropriate registration fee. When unregistered vessels are registered after May 1 of the third year of the three-year registration period, such unregistered vessels may be registered for the remainder of the current registration period at one-third of the appropriate registration fee. If a timely application for renewal is made, the applicant shall receive the same registration number allocated to the applicant for the previous registration period. If the application for registration for the three-year registration period is not made before May 1 of the last calendar year of the registration period, the applicant shall be charged a penalty of five dollars. 4. If a person, after registering a vessel, moves from the address shown on the registration certificate, the person shall, within ten days, notify the county recorder in writing of the old and new address. If appropriate, the county recorder shall forward all past records of the vessel to the recorder of the county in which the owner resides. If the name of a person, who has registered a vessel, is changed, the person shall, within ten days, notify the county recorder of the former and new name. No fee shall be paid to the county recorder for making the changes mentioned in this subsection, unless the owner requests a new registration certificate showing the change, in which case a fee of one dollar plus a writing fee shall be paid to the recorder. If a registration certificate is lost, mutilated or becomes illegible, the owner shall immediately make application for and obtain a duplicate registration certificate by furnishing information satisfactory to the county recorder. A fee of one dollar plus a writing fee shall be paid to the county recorder for a duplicate registration certificate. If a vessel, registered under this chapter, is destroyed or abandoned, the destruction or abandonment shall be reported to the county recorder and the registration certificate shall be forwarded to the office of the county recorder within ten days after the destruction or abandonment. 5. All records of the commission and the county recorder, other than those declared by law to be confidential for the use of the commission and the county recorder, shall be open to public inspection during office hours. 6. The owner of each vessel which has a valid marine document issued by the bureau of customs of the United States government or any federal agency successor thereto shall register it every three years with the county recorder in the same manner prescribed for undocumented vessels and shall cause the registration validation decal to be placed on the vessel in the manner prescribed by the rules of the commission. When the vessel bears the identification required in the documentation, it is exempt from the placement of the identification numbers as required on undocumented vessels. The fee for such registration is twenty-five dollars plus a writing fee. 7. If the owner of a currently registered vessel places the vessel in storage, the owner shall return the registration certificate to the county recorder with an affidavit stating that the vessel is placed in storage and the effective date of the storage. The county recorder shall notify the commission of each registered vessel placed in storage. When the owner of a stored vessel desires to renew the vessel's registration, the owner shall apply to the county recorder and pay the registration fees plus a writing fee as provided in subsections 1 and 3 without penalty. No refund of registration fees shall be allowed for a stored vessel. 8. The registration certificate shall indicate if the vessel is subject to the requirement of a certificate of title and the county from which the certificate of title is issued.

         Section History: Early Form

         [C97, § 2512; S13, § 2512; C24, 27, 31, § 1694; C35, § 1703-e3,
      1703-e7; C39, § 1703.03, 1703.07, 1703.08; C46, 50, 54, 58, §
      106.3, 106.7, 106.8; C62, 66, 71, 73, 75, 77, 79, 81, § 106.5; 82
      Acts, ch 1028, § 6--9] 

         Section History: Recent Form

         84 Acts, ch 1082, § 1, 2; 85 Acts, ch 110, § 1; 87 Acts, ch 134, §
      3; 92 Acts, ch 1101, § 1
         C93, § 462A.5
         2000 Acts, ch 1019, §2; 2002 Acts, ch 1113, §9; 2005 Acts, ch 137,
      §4--7; 2007 Acts, ch 28, §3, 4
         Referred to in § 331.602, 331.605, 462A.5A, 462A.6A, 805.8B(1a)
         For applicable scheduled fines, see §805.8B, subsection 1,
      paragraph a
        

462A.5A FILING BOND AS ASSURANCE OF OWNERSHIP. An applicant for registration of a vessel for which the county recorder is not satisfied as to the ownership of the vessel as provided in section 462A.5, subsection 1, shall file with the department a bond in the form prescribed by the department and executed by the applicant, and also executed by a person authorized to conduct a surety business in this state. The form and amount of the bond shall be established by rule of the department. The bond shall be conditioned to indemnify any prior owner and secured party and any subsequent purchaser of the vessel or person acquiring any security interest in the vessel, and their respective successors in interest, against any expense, loss, or damage, including reasonable attorney fees, by reason of the issuance of the registration certificate of the vessel or on account of any defect in or undisclosed security interest upon the right, title, and interest of the applicant in and to the vessel. Any such interested person has a right of action to recover on the bond for any breach of its conditions, but the aggregate liability of the surety to all persons shall not exceed the amount of the bond. The bond shall be returned at the end of three years or prior thereto if the vessel is no longer registered in this state and the registration certificate is surrendered to the department, unless the department has been notified of the pendency of an action to recover on the bond.

         Section History: Recent Form

         2002 Acts, ch 1113, §10
         Referred to in § 462A.5
        

462A.6 EXEMPTION FROM REGISTRATION PROVISIONS OF THIS CHAPTER. A vessel shall not be required to be registered if it is: 1. Covered by a number in full force and effect which has been awarded to it pursuant to a federally approved numbering system of another state if such vessel shall not have been within this state for a period in excess of sixty days within one calendar year. 2. Foreign vessels temporarily using the navigable waters of the United States and of this state. 3. A public vessel of the United States, a state or subdivision thereof which is used for enforcement, search and rescue or official research and studies, but not including vessels used for recreation or commercial purposes. 4. A ship's lifeboat. 5. A type of vessel which has been exempted from registration by the commission after said commission has found that the registration or numbering of such vessel will not materially aid in their identification and such vessel would be exempt from numbering if it were subject to federal law. 6. An air mattress, inner tube, or other toy or beach type item which is being used in a recognized swimming area. In the case of a natural lake or reservoir these beach or swimming areas may be less, but in no case shall exceed three hundred feet from shore. 7. The following nonpower or nonsail vessels: a. Inflatable vessels, seven feet or less in length. b. Conventional design canoes and kayak type vessels, thirteen feet or less in length.

         Section History: Early Form

         [C39, § 1703.16, 1703.22; C46, 50, 54, 58, § 106.16, 106.22;
      C62, 66, 71, 73, 75, 77, 79, 81, § 106.6] 

         Section History: Recent Form

         C93, § 462A.6
         Referred to in § 462A.4
        

462A.6A EXEMPTION FROM DISPLAY OF REGISTRATION AND CAPACITY NUMBERS. The following vessels are exempt from displaying a registration number and a passenger capacity number as required in section 462A.5: 1. Authentically constructed native American styled craft including birchbark canoes, dugout canoes, competitive racing shells, reed boats, and skin-covered canoes or boats. 2. Historically styled craft such as keel boats used only during historic recreations or public demonstrations. 3. A vessel which has a valid marine document issued by the United States coast guard and the vessel bears the identification required in the document. 4. A sailboard. However, the registration decal shall be attached to the bottom surface of the bow.

         Section History: Recent Form

         88 Acts, ch 1183, §2
         C89, § 106.6A
         92 Acts, ch 1131, § 2
         C93, § 462A.6A
         Referred to in § 462A.4
        

462A.7 OCCURRENCES INVOLVING VESSELS. 1. The operator of a vessel involved in an occurrence that results in personal property damage or the injury or death of a person, shall, so far as possible without serious danger to the operator's own vessel, crew, or passengers, render to other persons affected by the occurrence such assistance as may be practicable and necessary to save them from or minimize any danger caused by the occurrence. The operator shall also give the operator's name, address, and identification of the operator's vessel in writing to any person injured and to the owner of any property damaged in the occurrence. 2. Whenever any vessel is involved in an occurrence that results in personal property damage or the injury or death of a person, except one which results only in property damage not exceeding two thousand dollars, a report of the occurrence shall be filed with the commission. The report shall be filed by the operator of the vessel and shall contain such information as the commission may, by rule, require. The report shall be submitted within forty-eight hours of the occurrence in cases that result in death, disappearance, or personal injuries requiring medical treatment by a licensed health care provider, and within five days of the occurrence in all other cases. 3. Every law enforcement officer who, in the regular course of duty, investigates an occurrence which is required to be reported by this section, shall, after completing such investigation, forward a report of such occurrence to the commission. 4. a. All reports shall be in writing. A vessel operator's report shall be without prejudice to the person making the report and shall be for the confidential use of the department. However, upon request the department shall disclose the identities of the persons on board the vessels involved in the occurrence and their addresses. Upon request of a person who made and filed a vessel operator's report, the department shall provide a copy of the vessel operator's report to the requester. A written vessel operator's report filed with the department shall not be admissible in or used in evidence in any civil or criminal action arising out of the facts on which the report is based. b. All written reports filed by law enforcement officers as required under subsection 3 are confidential to the extent provided in section 22.7, subsection 5, and section 622.11. However, a completed law enforcement officer's report shall be made available by the department or the investigating law enforcement agency to any party to an occurrence involving a vessel, the party's insurance company or its agent, or the party's attorney on written request and payment of a fee. 5. Failure of the operator of any vessel involved in an occurrence to offer assistance and aid to other persons affected by such occurrence, as set forth in this chapter, or to otherwise comply with the requirements of subsection 1, is punishable as follows: a. In the event of an occurrence resulting only in property damage, the operator is guilty upon conviction of a simple misdemeanor. b. In the event of an occurrence resulting in an injury to a person, the operator is guilty upon conviction of a serious misdemeanor. c. In the event of an occurrence resulting in a serious injury to a person, the operator is guilty upon conviction of an aggravated misdemeanor. d. In the event of an occurrence resulting in the death of a person, the operator is guilty upon conviction of a class "D" felony.

         Section History: Early Form

         [C39, § 1703.21, 1703.23; C46, 50, 54, 58, § 106.21, 106.23;
      C62, 66, 71, 73, 75, 77, 79, 81, § 106.7; 82 Acts, ch 1028, § 10] 

         Section History: Recent Form

         C93, § 462A.7
         97 Acts, ch 55, § 1--3; 2006 Acts, ch 1124, §1; 2007 Acts, ch 28,
      §5
         Referred to in § 915.80
        

462A.8 TRANSMITTAL OF INFORMATION. When any request is duly made by an authorized official or agency of the United States, any information compiled or otherwise available to the commission under this chapter, such information shall be transmitted to said official or agency.

         Section History: Early Form

         [C62, 66, 71, 73, 75, 77, 79, 81, § 106.8] 

         Section History: Recent Form

         C93, § 462A.8
        

462A.9 CLASSIFICATION AND REQUIRED EQUIPMENT. 1. Vessels subject to the provisions of this chapter shall be divided into four classes as follows: Class I. Less than sixteen feet in length. Class II. Sixteen feet or over and less than twenty-six feet in length. Class III. Twenty-six feet or over and less than forty feet in length. Class IV. Forty feet or over. 2. Every vessel, in all weathers, from sunset to sunrise, shall carry and exhibit the following lights when underway, and during that time shall exhibit no other lights which may be mistaken for those required except that the international lighting system as approved by the United States coast guard will be accepted for use on motorboats on the waters of this state. a. Every motorboat of classes I and II shall carry the following lights: (1) A bright white light aft to show all around the horizon. (2) A combined lantern in the fore part 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 two points abaft the beam on their respective sides. b. Every motorboat of classes III and IV shall carry the following lights: (1) A bright white light in the fore part of the vessel as near the bow as practicable, so constructed as to show an unbroken light over an arc of the horizon of twenty points of the compass, so fixed as to throw the light ten points on each side of the vessel; namely, from right ahead to two points abaft the beam on either side. (2) A bright white light aft to show all around the horizon and higher than the white light forward. (3) A green light on the starboard side so constructed as to show an unbroken light over an arc of the horizon of ten points of the compass, so fixed as to throw the light from right ahead to two points abaft the beam on the starboard side. A red light on the port side, so constructed as to show an unbroken light over an arc of the horizon of ten points of the compass so fixed as to throw the light from right ahead to two points abaft the beam on the port side. The said side lights shall 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 I and II, when propelled by sail alone, shall carry the combined lantern, but not the white light aft prescribed by this section. Vessels of classes III and IV when so propelled, shall carry the colored side lights, suitably screened, but not the white lights required by this section. d. Every white light required by this section shall be of such character as to be visible at a distance of at least two miles. Every colored light required by this section shall be of such character as to be visible at a distance of at least one mile. The term "visible" in this section, when applied to lights, shall mean visible on a dark night with clear atmosphere. e. When propelled by sail and machinery, such motorboat shall carry the lights required by this section for a motorboat propelled by machinery only. 3. Every vessel shall carry and exhibit such other lights required by the rules and regulations of the commission. 4. Every motorboat of class II, III or IV shall be provided with an efficient whistle or other sound producing appliance. 5. Every motorboat of class III or IV shall be provided with an efficient bell. 6. Every vessel shall carry at least one life preserver, life belt, ring buoy or other device, of the sort prescribed by the rules of the commission, for each passenger, so placed as to be readily accessible. This does not apply to a vessel which is a racing shell used in the sport of sculling or to a sailboard while used for windsurfing. 7. Every motorboat shall 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. Such fire extinguishers shall, at all times, be kept in condition for immediate and effective use and shall be so placed as to be readily accessible. Vessels powered by outboard motors of ten horsepower or less, need not carry the extinguishers as provided herein. 8. The provisions of subsections 4, 5 and 7 of this section shall not apply to motorboats while competing in any race conducted pursuant to section 462A.16 or, if such boats are designed and used solely for racing, while engaged in such navigation as is incidental to the tuning up of the boats and engines for the race. The operator of a motorboat, while engaged in such race, must wear a crash helmet and life preserver. 9. Every motorboat shall have the carburetor or carburetors of every engine therein, except outboard motors, using a liquid of a volatile nature as fuel, equipped with such efficient flame arrestor, backfire trap or other similar device as may be prescribed by the rules and regulations of the commission. 10. Every motorboat, except open boats, using any liquid of a volatile nature as fuel, shall be provided with the means prescribed by the rules of the commission for properly and efficiently ventilating the bilges of the engines and fuel tank compartments so as to remove any explosive or flammable gases. 11. The commission is hereby authorized to make rules and regulations modifying the equipment requirements contained in this section to the extent necessary for the safety of operators and passengers. 12. The commission is hereby authorized to establish such pilot rules as may be necessary for the safe operation of vessels on the waters of this state under the jurisdiction of the commission. 13. An owner of a personal watercraft equipped with a cut-off switch shall maintain the cut-off switch and the accompanying cut-off switch lanyard in an operable, fully functional condition. 14. No person shall operate or give permission for the operation of a vessel which is not equipped as required by this section or modification thereof.

         Section History: Early Form

         [S13, § 2514-a; C24, 27, 31, § 1697; C39, § 1703.10--1703.13;
      C46, 50, 54, 58, § 106.10--106.13; C62, 66, 71, 73, 75, 77, 79, 81, §
      106.9; 82 Acts, ch 1028, § 11--13] 

         Section History: Recent Form

         92 Acts, ch 1131, § 3; 92 Acts, ch 1163, § 26
         C93, § 462A.9
         2007 Acts, ch 28, §6
         Referred to in § 805.8B(1a, 1b)
         For applicable scheduled fines, see §805.8B, subsection 1,
      paragraphs a and b
        

462A.10 BOAT LIVERIES. 1. The owner of a boat livery shall cause to be kept a record of the name and address of the person or persons hiring any vessel which is designed or permitted by the owner to be operated for hire, the identification number thereof, the departure date and time and the expected time of return. The records shall be preserved for six months. 2. The owner of a boat livery shall not permit any of the owner's vessels, operated for hire, to depart from the owner's premises unless it shall have been provided, either by the owner or renter, with the equipment required by the commission.

         Section History: Early Form

         [C97, § 2512; S13, § 2512; C24, 27, 31, § 1692; C35, § 1703-e2;
      C39, § 1703.02, 1703.11, 1703.24; C46, 50, 54, 58, § 106.2,
      106.11, 106.24; C62, 66, 71, 73, 75, 77, 79, 81, § 106.10] 

         Section History: Recent Form

         C93, § 462A.10
         Referred to in § 805.8B(1b)
         For applicable scheduled fines, see §805.8B, subsection 1,
      paragraph b
        

462A.11 MUFFLING DEVICES. The exhaust of every internal combustion engine used on any motorboat shall be effectively muffled by equipment so constructed and used as to muffle the total vessel noise in a reasonable manner in accordance with rules adopted by the commission. The use of cut-outs is prohibited, except for motorboats competing in a regatta or boat race approved as provided in section 462A.16 and for such motorboats while on trial run during a period from 8:00 a.m. to 6:00 p.m. not to exceed twenty-four hours immediately preceding such regatta or race.

         Section History: Early Form

         [C39, § 1703.11, 1703.17; C46, 50, 54, 58, § 106.11, 106.17;
      C62, 66, 71, 73, 75, 77, 79, 81, § 106.11; 82 Acts, ch 1028, § 14] 

         Section History: Recent Form


         C93, § 462A.11
         Referred to in § 805.8B(1b)
         For applicable scheduled fines, see §805.8B, subsection 1,
      paragraph b
        

462A.12 PROHIBITED OPERATION. 1. No person shall operate any vessel, or manipulate any water skis, surfboard or similar device in a careless, reckless or negligent manner so as to endanger the life, limb or property of any person. 2. A person shall not operate any vessel, or manipulate any water skis, surfboard or similar device while under the influence of an alcoholic beverage, marijuana, a narcotic, hypnotic or other drug, or any combination of these substances. However, this subsection does not apply to a person operating any vessel or manipulating any water skis, surfboard or similar device while under the influence of marijuana, or a narcotic, hypnotic or other drug if the substances were prescribed for the person and have been taken under the prescription and in accordance with the directions of a medical practitioner as defined in chapter 155A, provided there is no evidence of the consumption of alcohol and further provided the medical practitioner has not directed the person to refrain from operating a motor vehicle, any vessel or from manipulating any water skis, surfboard or similar device. 3. No person shall place, cause to be placed, throw or deposit onto or in any of the public waters, ice or land of this state any cans, bottles, garbage, rubbish, and other debris. 4. No person shall operate on the waters of this state under the jurisdiction of the conservation commission any vessel displaying or reflecting a blue light or flashing blue light unless such vessel is an authorized emergency vessel. 5. No person shall operate a vessel and enter into areas in which search and rescue operations are being conducted or an area affected by a natural disaster unless authorized by the officer in charge of the search and rescue or disaster operation. Any person authorized in an area of operation shall operate the person's vessel at a no wake speed and shall keep clear of all other vessels engaged in the search and rescue or disaster operation. A person who must operate a vessel in a disaster area to gain access or egress from the person's home shall be considered an authorized person by the officer in charge. 6. An owner or operator of a vessel propelled by a motor of more than ten horsepower shall not permit any person under twelve years of age to operate the vessel unless accompanied in or on the same vessel by a responsible person of at least eighteen years of age who is experienced in motorboat operation. A person who is twelve years of age or older but less than eighteen years of age shall not operate any vessel propelled by a motor of more than ten horsepower unless the person has successfully completed a department-approved watercraft safety course and obtained a watercraft safety certificate or is accompanied in or on the same vessel by a responsible person of at least eighteen years of age who is experienced in motorboat operation. A person required to have a watercraft safety certificate shall carry and shall exhibit or make available the certificate upon request of an officer of the department. A violation of this subsection is a simple misdemeanor as provided in section 462A.13. However, a person charged with violating this subsection shall not be convicted if the person produces in court, within a reasonable time, a department-approved certificate. The cost of a department certificate, or any duplicate, shall not exceed five dollars. 7. A person shall not operate watercraft in a manner which unreasonably or unnecessarily interferes with other watercraft or with the free and proper navigation of the waters of the state. Anchoring under bridges, in a heavily traveled channel, in a lock chamber, or near the entrance of a lock constitutes such interference if unreasonable under the prevailing circumstances. 8. A person shall not operate a vessel in violation of restrictions as given by state-approved buoys or signs marking an area. 9. A person shall not operate on the waters of this state under the jurisdiction of the commission a vessel equipped with an engine of greater horsepower rating than is designated for the vessel by the federally required capacity plate or by the manufacturer's plate on those vessels not covered by federal regulations. 10. A person shall not leave an unattended vessel tied or moored to a dock which is placed immediately adjacent to a public boat launching ramp or to a dock which is posted for loading and unloading. 11. A person shall not operate a vessel within fifty feet of a diver's flag placed in accordance with the rules of the commission adopted under chapter 17A. 12. A person shall not operate a personal watercraft at any time between sundown and sunup. 13. A person shall not chase or harass animals while operating a personal watercraft or motorboat. 14. A person shall not operate a personal watercraft that is equipped with a cut-off switch, at any time, without first attaching the accompanying cut-off switch lanyard to the operator's person while the engine is running and the personal watercraft is in use. 15. A person shall not operate a vessel on the waters of this state under the jurisdiction of the commission unless every person on board the vessel who is under thirteen years of age is wearing a type I, II, III, or V personal flotation device, including "float coats" that meet this definition, that is approved by the United States coast guard, while the vessel is under way. This subsection does not apply when the person under thirteen years of age is in an enclosed cabin or below deck, or is a passenger on a commercial vessel with a passenger capacity of twenty-five persons or more.

         Section History: Early Form

         [C39, § 1703.17, 1703.21; C46, 50, 54, 58, § 106.17, 106.21,
      106.28; C62, 66, 71, 73, 75, 77, 79, 81, § 106.12; 82 Acts, ch 1028,
      § 15, 16] 

         Section History: Recent Form

         86 Acts, ch 1143, § 1; 87 Acts, ch 215, § 38
         C93, § 462A.12
         2002 Acts, ch 1133, §2, 3; 2003 Acts, ch 44, §77; 2005 Acts, ch
      137, §8; 2007 Acts, ch 28, §7; 2008 Acts, ch 1161, §11--13
         Referred to in § 462A.14A, 805.8B(1c), 915.80
         For applicable scheduled fines, see §805.8B, subsection 1,
      paragraph c 

         Footnotes

         During the twelve-month period commencing May 10, 2008, peace
      officers shall issue only warning citations for violations of
      subsection 15; 2008 Acts, ch 1161, § 12, 13
        

462A.13 PENALTY. Any person violating any of the provisions of this chapter, or any of the rules adopted under this chapter, for which another penalty is not otherwise specifically provided, is guilty of a simple misdemeanor. Chapter 232 shall have no application in the prosecution of offenses committed in violation of this chapter or rules and regulations which are adopted under the authority of this chapter which constitute simple misdemeanors.

         Section History: Early Form

         [C97, § 2313, 2315; S13, § 2313, 2315; C24, 27, 31, § 1695; C35, §
      1703-e5, 1703-e6; C39, § 1703.05, 1703.06; C46, 50, 54, 58, §
      106.5, 106.6; C62, 66, 71, 73, 75, 77, 79, 81, § 106.13; 82 Acts, ch
      1028, § 17] 

         Section History: Recent Form

         C93, § 462A.13
         Referred to in § 462A.12
        

462A.14 OPERATING A MOTORBOAT OR SAILBOAT WHILE INTOXICATED. 1. A person commits the offense of operating a motorboat or sailboat while intoxicated if the person operates a motorboat or sailboat on the navigable waters of this state in any of the following conditions: a. While under the influence of an alcoholic beverage or other drug or a combination of such substances. b. While having an alcohol concentration of .10 or more. c. While any amount of a controlled substance is present in the person, as measured in the person's blood or urine. 2. A person who violates subsection 1 commits: a. A serious misdemeanor for the first offense, punishable by all of the following: (1) Imprisonment in the county jail for not less than forty-eight hours, to be served as ordered by the court, less credit for any time the person was confined in a jail or detention facility following arrest. However, the court, in ordering service of the sentence and in its discretion, may accommodate the defendant's work schedule. (2) Assessment of a fine of one thousand dollars. However, in the discretion of the court, if no personal or property injury has resulted from the defendant's actions, up to five hundred dollars of the fine may be waived. As an alternative to a portion or all of the fine, the court may order the person to perform unpaid community service. (3) Prohibition of operation of a motorboat or sailboat for one year, pursuant to court order. (4) Assignment to substance abuse evaluation and treatment, pursuant to subsection 12, and a course for drinking drivers. b. An aggravated misdemeanor for a second offense, punishable by all of the following: (1) Imprisonment in the county jail or community-based correctional facility for not less than seven days. (2) Assessment of a fine of not less than one thousand five hundred dollars nor more than five thousand dollars. (3) Prohibition of operation of a motorboat or sailboat for two years, pursuant to court order. (4) Assignment to substance abuse evaluation and treatment, pursuant to subsections 12 and 13, and a course for drinking drivers. c. A class "D" felony for a third offense and each subsequent offense, punishable by all of the following: (1) Imprisonment in the county jail for a determinate sentence of not more than one year but not less than thirty days, or committed to the custody of the director of the department of corrections. A person convicted of a third or subsequent offense may be committed to the custody of the director of the department of corrections, who shall assign the person to a facility pursuant to section 904.513 or the offender may be committed to treatment in the community under the provisions of section 907.13. (2) Assessment of a fine of not less than two thousand five hundred dollars nor more than seven thousand five hundred dollars. (3) Prohibition of operation of a motorboat or sailboat for six years, pursuant to court order. (4) Assignment to substance abuse evaluation and treatment, pursuant to subsections 12 and 13, and a course for drinking drivers. d. A class "D" felony for any offense under this section resulting in serious injury to persons other than the defendant, if the court determines that the person who committed the offense caused the serious injury, and shall be imprisoned for a determinate sentence of not more than five years but not less than thirty days, or committed to the custody of the director of the department of corrections, and assessed a fine of not less than two thousand five hundred dollars nor more than seven thousand five hundred dollars. A person convicted of a felony offense may be committed to the custody of the director of the department of corrections, who shall assign the person to a facility pursuant to section 904.513. The court shall also order that the person not operate a motorboat or sailboat for one year in addition to any other period of time the defendant would have been ordered not to operate if no injury had occurred in connection with the violation. The court shall also assign the defendant to substance abuse evaluation and treatment pursuant to subsections 12 and 13, and a course for drinking drivers. e. A class "B" felony for any offense under this section resulting in the death of persons other than the defendant, if the court determines that the person who committed the offense caused the death, and shall be imprisoned for a determinate sentence of not more than twenty-five years, or committed to the custody of the director of the department of corrections. A person convicted of a felony offense may be committed to the custody of the director of the department of corrections, who shall assign the person to a facility pursuant to section 904.513. The court shall also order that the person not operate a motorboat or sailboat for six years. The court shall also assign the defendant to substance abuse evaluation and treatment pursuant to subsections 12 and 13, and a course for drinking drivers. 3. a. Notwithstanding the provisions of sections 901.5 and 907.3, the court shall not defer judgment or sentencing, or suspend execution of any mandatory minimum sentence of incarceration applicable to the defendant under subsection 2, and shall not suspend execution of any other part of a sentence not involving incarceration imposed pursuant to subsection 2, if any of the following apply: (1) If the defendant's alcohol concentration established by the results of an analysis of a specimen of the defendant's blood, breath, or urine withdrawn in accordance with this chapter exceeds .15, regardless of whether or not the alcohol concentration indicated by the chemical test minus the established margin of error inherent in the device or method used to conduct the test equals an alcohol concentration of .15 or more. (2) If the defendant has previously been convicted of a violation of subsection 1 or a statute in another state substantially corresponding to subsection 1. (3) If the defendant has previously received a deferred judgment or sentence for a violation of subsection 1 or for a violation of a statute in another state substantially corresponding to subsection 1. (4) If the defendant refused to consent to testing requested in accordance with section 462A.14A. (5) If the offense under this section results in bodily injury to a person other than the defendant. b. A minimum term of imprisonment in a county jail or community-based correctional facility imposed on a person convicted of a second or subsequent offense under subsection 2 shall be served on consecutive days. However, if the sentencing court finds that service of the full minimum term on consecutive days would work an undue hardship on the person, or finds that sufficient jail space is not available and is not reasonably expected to become available within four months after sentencing to incarcerate the person serving the minimum sentence on consecutive days, the court may order the person to serve the minimum term in segments of at least forty-eight hours and to perform a specified number of hours of unpaid community service as deemed appropriate by the sentencing court. 4. In determining if a violation charged is a second or subsequent offense for purposes of criminal sentencing or license or privilege revocation under this section: a. Any conviction under this section within the previous twelve years shall be counted as a previous offense. b. Deferred judgments entered pursuant to section 907.3 for violations of this section shall be counted as previous offenses. c. Convictions or the equivalent of deferred judgments for violations in any other states under statutes substantially corresponding to this section shall be counted as previous offenses. The courts shall judicially notice the statutes of other states which define offenses substantially equivalent to an offense defined in this section and can therefore be considered corresponding statutes. Each previous violation on which conviction or deferral of judgment was entered prior to the date of the violation charged shall be considered and counted as a separate previous offense. 5. A person shall not be convicted and sentenced for more than one violation of this section for actions arising out of the same event or occurrence, even if the event or occurrence involves more than one of the conditions specified in subsection 1. However, a person who refuses a test pursuant to section 462A.14B may be subject to imposition of the penalties under that section in addition to the penalties under this section if the person violates both sections, even though the actions arise out of the same event or occurrence. 6. The clerk of the district court shall immediately certify to the department a true copy of each order entered with respect to deferral of judgment, deferral of sentence, or pronouncement of judgment and sentence for a defendant under this section. 7. a. This section does not apply to a person operating a motorboat or sailboat while under the influence of a drug if the substance was prescribed for the person and was taken under the prescription and in accordance with the directions of a medical practitioner as defined in chapter 155A or if the substance was dispensed by a pharmacist without a prescription pursuant to the rules of the board of pharmacy, if there is no evidence of the consumption of alcohol and the medical practitioner or pharmacist had not directed the person to refrain from operating a motor vehicle, or motorboat or sailboat. b. When charged with a violation of subsection 1, paragraph "c", a person may assert, as an affirmative defense, that the controlled substance present in the person's blood or urine was prescribed or dispensed for the person and was taken in accordance with the directions of a practitioner and the labeling directions of the pharmacy, as that person and place of business are defined in section 155A.3. 8. In any prosecution under this section, evidence of the results of analysis of a specimen of the defendant's blood, breath, or urine is admissible upon proof of a proper foundation. a. The alcohol concentration established by the results of an analysis of a specimen of the defendant's blood, breath, or urine withdrawn within two hours after the defendant was operating or in physical control of a motorboat or sailboat is presumed to be the alcohol concentration at the time of operating or being in physical control of the motorboat or sailboat. b. The presence of a controlled substance or other drug established by the results of analysis of a specimen of the defendant's blood or urine withdrawn within two hours after the defendant was operating or in physical control of a motorboat or sailboat is presumed to show the presence of such controlled substance or other drug in the defendant at the time of operating or being in physical control of the motorboat or sailboat. c. The nationally accepted standards for determining detectable levels of controlled substances in the division of criminal investigation's initial laboratory screening test for controlled substances adopted by the department of public safety shall be utilized in prosecutions under this section. 9. a. In addition to any fine or penalty imposed under this chapter, the court shall order a defendant convicted of or receiving a deferred judgment for a violation of this section to make restitution for damages resulting directly from the violation, to the victim, pursuant to chapter 910. An amount paid pursuant to this restitution order shall be credited toward any adverse judgment in a subsequent civil proceeding arising from the same occurrence. However, other than establishing a credit, a restitution proceeding pursuant to this section shall not be given evidentiary or preclusive effect in a subsequent civil proceeding arising from the same occurrence. b. The court may order restitution paid to any public agency for the costs of the emergency response resulting from the actions constituting a violation of this section, not exceeding five hundred dollars per public agency for each such response. For the purposes of this paragraph, "emergency response" means any incident requiring response by fire fighting, law enforcement, ambulance, medical, or other emergency services. A public agency seeking such restitution shall consult with the county attorney regarding the expenses incurred by the public agency, and the county attorney may include the expenses in the statement of pecuniary damages pursuant to section 910.3. 10. In any prosecution under this section, the results of a chemical test shall not be used to prove a violation of subsection 1, paragraph "b" or paragraph "c", if the alcohol, controlled substance, or other drug concentration indicated by the chemical test minus the established margin of error inherent in the device or method used to conduct the chemical test does not equal or exceed the level prohibited by subsection 1. 11. This section does not limit the introduction of any competent evidence bearing on the question of whether a person was under the influence of an alcoholic beverage or a controlled substance or other drug, including the results of chemical tests of specimens of blood, breath, or urine obtained more than two hours after the person was operating a motorboat or sailboat. 12. a. All substance abuse evaluations required under this section shall be completed at the defendant's expense. b. In addition to assignment to substance abuse evaluation and treatment under this section, the court shall order any defendant convicted under this section to follow the recommendations proposed in the substance abuse evaluation for appropriate substance abuse treatment for the defendant. Court-ordered substance abuse treatment is subject to the periodic reporting requirements of section 125.86. c. If a defendant is committed by the court to a substance abuse treatment facility, the administrator of the facility shall report to the court when it is determined that the defendant has received the maximum benefit of treatment at the facility and the defendant shall be released from the facility. The time for which the defendant is committed for treatment shall be credited against the defendant's sentence. d. The court may prescribe the length of time for the evaluation and treatment or the court may request that the community college or licensed substance abuse program conducting the course for drinking drivers which the defendant is ordered to attend or the treatment program to which the defendant is committed immediately report to the court when the defendant has received maximum benefit from the course for drinking drivers or treatment program or has recovered from the defendant's addiction, dependency, or tendency to chronically abuse alcohol or drugs. e. Upon successfully completing a course for drinking drivers or an ordered substance abuse treatment program, a court may place the defendant on probation for six months and as a condition of probation, the defendant shall attend a program providing posttreatment services relating to substance abuse as approved by the court. f. A defendant committed under this section who does not possess sufficient income or estate to make payment of the costs of the treatment in whole or in part shall be considered a state patient and the costs of treatment shall be paid as provided in section 125.44. g. A defendant who fails to carry out the order of the court shall be confined in the county jail for twenty days in addition to any other imprisonment ordered by the court or may be ordered to perform unpaid community service work, and shall be placed on probation for one year with a violation of this probation punishable as contempt of court. h. In addition to any other condition of probation, the defendant shall attend a program providing substance abuse prevention services or posttreatment services related to substance abuse as ordered by the court. The defendant shall report to the defendant's probation officer as ordered concerning proof of attendance at the treatment program or posttreatment program ordered by the court. Failure to attend or complete the program shall be considered a violation of probation and is punishable as contempt of court. 13. a. Upon a second or subsequent offense in violation of section 462A.14, the court upon hearing may commit the defendant for inpatient treatment of alcoholism or drug addiction or dependency to any hospital, institution, or community correctional facility in this state providing such treatment. The time for which the defendant is committed for treatment shall be credited against the defendant's sentence. b. The court may prescribe the length of time for the evaluation and treatment or the court may request that the hospital to which the defendant is committed immediately report to the court when the defendant has received maximum benefit from the program of the hospital or institution or has recovered from the defendant's addiction, dependency, or tendency to chronically abuse alcohol or drugs. c. A defendant committed under this section who does not possess sufficient income or estate to make payment of the costs of the treatment in whole or in part shall be considered a state patient and the costs of treatment shall be paid as provided in section 125.44.

         Section History: Early Form

         [C97, § 2513; S13, § 2513; C24, 27, 31, § 1695; C35, § 1703-e5;
      C39, § 1703.05; C46, 50, 54, 58, § 106.5, 106.28; C62, 66, 71,
      73, 75, 77, 79, 81, § 106.14; 82 Acts, ch 1028, § 18] 

         Section History: Recent Form

         C93, § 462A.14
         2000 Acts, ch 1099, §2; 2000 Acts, ch 1232, §74; 2007 Acts, ch 10,
      §176
         Referred to in § 462A.14A, 462A.14B, 462A.14C, 462A.14D, 462A.14E,
      462A.14F, 462A.34B, 811.1, 907.3, 915.80
        

462A.14A IMPLIED CONSENT TO TEST. 1. A person who operates a motorboat or sailboat on the navigable waters in this state under circumstances which give reasonable grounds to believe that the person has been operating a motorboat or sailboat in violation of section 462A.14 is deemed to have given consent to the withdrawal of specimens of the person's blood, breath, or urine and to a chemical test or tests of the specimens for the purpose of determining the alcohol concentration or presence of controlled substances or other drugs, subject to this section. 2. a. If a peace officer has reasonable grounds to believe that any of the following has occurred, the peace officer may request that the motorboat or sailboat operator provide a sample of the operator's breath for a preliminary screening test using a device approved by the commissioner of public safety for that purpose: (1) The motorboat or sailboat operator may be violating or has violated section 462A.14. (2) The motorboat or sailboat has been involved in an accident resulting in injury or death. (3) The motorboat or sailboat operator is or has been operating carelessly or recklessly, in violation of section 462A.12. b. The results of this preliminary screening test may be used for the purpose of deciding whether an arrest should be made or whether to request a chemical test authorized in this chapter, but shall not be used in any court action except to prove that a chemical test was properly requested of a person pursuant to this section. 3. The withdrawal of the body substances and the test or tests shall be administered at the written request of a peace officer having reasonable grounds to believe that the person was operating a motorboat or sailboat in violation of section 462A.14, and if any of the following conditions exist: a. A peace officer has lawfully placed the person under arrest for violation of section 462A.14. b. The motorboat or sailboat has been involved in an occurrence resulting in personal injury or death. c. The person has refused to take a preliminary breath screening test provided by this chapter. d. The preliminary breath screening test was administered and it indicated an alcohol concentration equal to or in excess of the level prohibited by section 462A.14. e. The preliminary breath screening test was administered and it indicated an alcohol concentration of less than the level prohibited under section 462A.14, and the peace officer has reasonable grounds to believe that the person was under the influence of a controlled substance, a drug other than alcohol or a combination of alcohol and another drug. 4. a. The peace officer shall determine which of the three substances, breath, blood, or urine, shall be tested. b. If the peace officer fails to offer a test within two hours after the preliminary screening test is administered or refused, or the arrest is made, whichever occurs first, a test is not required, and there shall be no suspension of motorboat or sailboat operation privileges. c. Refusal to submit to a chemical test of urine or breath is deemed a refusal to submit, and the peace officer shall inform the person that the person's refusal will result in the suspension of the person's privilege to operate a motorboat or sailboat. d. Refusal to submit to a chemical test of blood is not deemed a refusal to submit, but in that case, the peace officer shall then determine which one of the other two substances shall be tested and shall offer the test. e. Notwithstanding paragraphs "a" through "d", if the peace officer has reasonable grounds to believe that the person was under the influence of a drug other than alcohol, or a combination of alcohol and another drug, a urine test may be required even after a blood or breath test has been administered. f. A person who is dead, unconscious, or otherwise in a condition rendering the person incapable of consent or refusal is deemed not to have withdrawn the consent provided by this section, and the test may be given if a licensed physician certifies in advance of the test that the person is dead, unconscious, or otherwise in a condition rendering that person incapable of consent or refusal. g. A person who has been requested to submit to a chemical test shall be advised by a peace officer of the following: (1) A refusal to submit to the test is punishable by a mandatory civil penalty of five hundred to two thousand dollars, and suspension of motorboat or sailboat operating privileges for at least a year. In addition, if the person is also convicted of operating a motorboat or sailboat while intoxicated, the person shall be subject to additional penalties. (2) If the person submits to the test and the results indicate an alcohol concentration equal to or in excess of the level prohibited under section 462A.14 and the person is convicted, the person's motorboat or sailboat operating privileges will be suspended for at least one year and up to six years, depending upon how many previous convictions the person has under this chapter, and whether or not the person has caused serious injury or death, in addition to any sentence and fine imposed for a violation of section 462A.14. 5. Refusal to submit to a test under this section does not prohibit the withdrawal of a specimen for chemical testing if a motorboat or sailboat has been involved in an accident resulting in death or serious bodily injury, if the peace officer has reasonable grounds to believe that the operator of the motorboat or sailboat was violating section 462A.14 at the time of the accident, and the peace officer has obtained, in compliance with chapter 808 or according to the procedure in section 462A.14D, a search warrant permitting the withdrawal of a specimen for chemical testing. The act of any person knowingly resisting or obstructing the withdrawal of a specimen pursuant to a search warrant issued under this section constitutes a contempt punishable by a fine not exceeding one thousand dollars or imprisonment in a county jail not exceeding one year or by both such fine and imprisonment, and further constitutes a refusal to submit, punishable under this section. 6. Only a licensed physician, licensed physician assistant as defined in section 148C.1, medical technologist, or registered nurse, acting at the request of a peace officer, may withdraw a specimen of blood for the purpose of determining the alcohol concentration or the presence of a controlled substance or other drugs. However, any peace officer, using devices and methods approved by the commissioner of public safety, may take a specimen of a person's breath or urine for the purpose of determining the alcohol concentration or the presence of drugs. Only new equipment kept under strictly sanitary and sterile conditions shall be used for drawing blood. Medical personnel who use reasonable care and accepted medical practices in withdrawing blood specimens are immune from liability for their actions in complying with requests made of them pursuant to this section. 7. The person may have an independent chemical test or tests administered at the person's own expense in addition to any administered at the direction of a peace officer. The failure or inability of the person to obtain an independent chemical test or tests does not preclude the admission of evidence of the results of the test or tests administered at the direction of the peace officer. Upon the request of the person who is tested, the results of the test or tests administered at the direction of the peace officer shall be made available to the person. 8. In any prosecution under section 462A.14, evidence of the results of analysis of a specimen of the defendant's blood, breath, or urine is admissible upon proof of a proper foundation. The alcohol concentration established by the results of an analysis of a specimen of the defendant's blood, breath, or urine withdrawn within two hours after the defendant was operating or was otherwise in physical control of a motorboat or sailboat is presumed to be the alcohol concentration at the time of operation or being in physical control of the motorboat or sailboat. If a person refuses to submit to a chemical test, proof of refusal is admissible in any civil or criminal action or proceeding arising out of acts alleged to have been committed while the person was operating a motorboat or sailboat in violation of section 462A.14. This section does not limit the introduction of any competent evidence bearing on the question of whether a person was under the influence of an alcoholic beverage or a controlled substance or other drug, including the results of chemical tests of specimens of blood, breath, or urine obtained more than two hours after the person was operating a motorboat or sailboat.

         Section History: Recent Form

         2000 Acts, ch 1099, §3; 2007 Acts, ch 28, §8
         Referred to in § 462A.14, 462A.14B, 462A.14C, 462A.14D
        

462A.14B REFUSAL TO SUBMIT -- PENALTY. 1. If a person refuses to submit to the chemical testing, a test shall not be given unless the procedure in section 462A.14D is invoked. However, if the person refuses the test, the person shall be punishable by the court according to this section. 2. The court, upon finding that the officer had reasonable ground to believe the person to have been operating a motorboat or sailboat in violation of section 462A.14, that specified conditions existed for chemical testing pursuant to section 462A.14A, and that the person refused to submit to the chemical testing, shall: a. Order that the person shall not operate a motorboat or sailboat for one year. b. Impose a mandatory civil penalty as follows: (1) For a first refusal under this section, five hundred dollars. (2) For a second refusal under this section, one thousand dollars. (3) For a third or subsequent refusal under this section, two thousand dollars. 3. If the person does not pay the civil penalty by the time the one-year order not to operate expires, the court shall extend the order not to operate a motorboat or sailboat for an additional year, and may also impose penalties for contempt. 4. The court shall not defer judgment or sentencing, or suspend execution of any order or fine applicable under this section. 5. The penalties imposed by this section shall apply in addition to any penalties imposed under section 462A.14, except that the one-year period under the order not to operate a motorboat or sailboat under this section shall be imposed and run concurrently with any period of time a defendant is ordered not to operate a motorboat or sailboat under section 462A.14.

         Section History: Recent Form

         2000 Acts, ch 1099, §4
         Referred to in § 462A.14, 462A.14E, 915.80
        

462A.14C STATEMENT OF OFFICER. 1. A person who has been requested to submit to a chemical test shall be advised by a peace officer of the following: a. A refusal to submit to the test is punishable by a mandatory civil penalty of five hundred to two thousand dollars, and suspension of motorboat or sailboat operating privileges for at least a year. In addition, if the person is also convicted of operating a motorboat or sailboat while intoxicated, the person shall be subject to additional penalties. b. If the person submits to the test and the results indicate the presence of a controlled substance or other drug, or an alcohol concentration equal to or in excess of the level prohibited by section 462A.14, the person's privilege to operate a motorboat or sailboat will be prohibited for at least one year, and up to six years. 2. This section does not apply in any case involving a person described in section 462A.14A, subsection 4, paragraph "f". 3. If a person refuses to submit to a chemical test, proof of refusal is admissible in any civil or criminal action or proceeding arising out of acts alleged to have been committed while the person was operating a motorboat or sailboat in violation of section 462A.14.

         Section History: Recent Form

         2000 Acts, ch 1099, §5
        

462A.14D TESTS PURSUANT TO WARRANTS. 1. Refusal to consent to a test under section 462A.14A does not prohibit the withdrawal of a specimen for chemical testing pursuant to a search warrant issued in the investigation of a suspected violation of section 462A.14 if all of the following grounds exist: a. An accident has resulted in a death or personal injury reasonably likely to cause death. b. There are reasonable grounds to believe that one or more of the persons whose operation of a motorboat or sailboat may have been the proximate cause of the accident was violating section 462A.14 at the time of the accident. 2. Search warrants may be issued under this section in full compliance with chapter 808 or search warrants may be issued under subsection 3. 3. Notwithstanding section 808.3, the issuance of a search warrant under this section may be based upon sworn oral testimony communicated by telephone if the magistrate who is asked to issue the warrant is satisfied that the circumstances make it reasonable to dispense with a written affidavit. The following shall then apply: a. When a caller applies for the issuance of a warrant under this section and the magistrate becomes aware of the purpose of the call, the magistrate shall place under oath the person applying for the warrant. b. The person applying for the warrant shall prepare a duplicate warrant and read the duplicate warrant, verbatim, to the magistrate who shall enter, verbatim, what is read to the magistrate on a form that will be considered the original warrant. The magistrate may direct that the warrant be modified. c. The oral application testimony shall set forth facts and information tending to establish the existence of the grounds for the warrant and shall describe with a reasonable degree of specificity the person or persons whose operation of a motorboat or sailboat is believed to have been the proximate cause of the accident and from whom a specimen is to be withdrawn and the location where the withdrawal of the specimen or specimens is to take place. d. If a voice recording device is available, the magistrate may record by means of that device all of the call after the magistrate becomes aware of the purpose of the call. Otherwise, the magistrate shall cause a stenographic or longhand memorandum to be made of the oral testimony of the person applying for the warrant. e. If the magistrate is satisfied from the oral testimony that the grounds for the warrant exist or that there is probable cause to believe that they exist, the magistrate shall order the issuance of the warrant by directing the person applying for the warrant to sign the magistrate's name on the duplicate warrant. The magistrate shall immediately sign the original warrant and enter on its face the exact time when the issuance was ordered. f. The person who executes the warrant shall enter the time of execution on the face of the duplicate warrant. g. The magistrate shall cause any record of the call made by means of a voice recording device to be transcribed, shall certify the accuracy of the transcript, and shall file the transcript and the original record with the clerk. If a stenographic or longhand memorandum was made of the oral testimony of the person who applied for the warrant, the magistrate shall file a signed copy with the clerk. h. The clerk of court shall maintain the original and duplicate warrants along with the record of the telephone call and any transcript or memorandum made of the call in a confidential file until a charge, if any, is filed. 4. a. Search warrants issued under this section shall authorize and direct peace officers to secure the withdrawal of blood specimens by medical personnel under section 462A.14A. Reasonable care shall be exercised to ensure the health and safety of the persons from whom specimens are withdrawn in execution of the warrants. b. If a person from whom a specimen is to be withdrawn objects to the withdrawal of blood, the warrant may be executed as follows: (1) If the person is capable of giving a specimen of breath, and a direct breath testing instrument is readily available, the warrant may be executed by the withdrawal of a specimen of breath for chemical testing, unless the peace officer has reasonable grounds to believe that the person was under the influence of a controlled substance, a drug other than alcohol, or a combination of alcohol and another drug. (2) If the testimony in support of the warrant sets forth facts and information that the peace officer has reasonable grounds to believe that the person was under the influence of a controlled substance, a drug other than alcohol, or a combination of alcohol and another drug, a urine sample shall be collected in lieu of a blood sample, if the person is capable of giving a urine sample and the sample can be collected without the need to physically compel the execution of the warrant. 5. The act of any person knowingly resisting or obstructing the withdrawal of a specimen pursuant to a search warrant issued under section 462A.14D constitutes contempt punishable as provided in that section and further constitutes a refusal to submit. Also, if the withdrawal of a specimen is so resisted or obstructed, section 462A.14A applies. 6. Nonsubstantive variances between the contents of the original and duplicate warrants shall not cause a warrant issued under subsection 3 to be considered invalid. 7. Specimens obtained pursuant to warrants issued under this section are not subject to disposition under section 808.9 or chapter 809 or 809A. 8. Subsections 3 to 7 of this section do not apply where a test may be administered under section 462A.14A, subsection 4, paragraph "f". 9. Medical personnel who use reasonable care and accepted medical practices in withdrawing blood specimens are immune from liability for their actions in complying with requests made of them pursuant to search warrants or pursuant to section 462A.14A.

         Section History: Recent Form

         2000 Acts, ch 1099, §6
         Referred to in § 462A.14A, 462A.14B
        

462A.14E VIOLATIONS OF ORDERS NOT TO OPERATE A MOTORBOAT OR SAILBOAT. 1. A person who operates a motorboat or sailboat after the person has been ordered, pursuant to section 462A.14 or 462A.14B, not to operate a motorboat or sailboat commits a serious misdemeanor, punishable with a jail term and a mandatory fine of one thousand dollars. 2. In addition to the jail term and fine, the court shall extend the period of prohibition of operating a motorboat or sailboat for an additional like period.

         Section History: Recent Form

         2000 Acts, ch 1099, §7
        

462A.14F DEPARTMENT RECORDKEEPING. The department shall collect and maintain statistics on the number of arrests and convictions for violations of section 462A.14 that occur each year.

         Section History: Recent Form

         2000 Acts, ch 1099, §8
        

462A.15 WATER SKIS AND SURFBOARDS. 1. No person shall operate a vessel on any waters of this state under the jurisdiction of the commission for towing a person or persons on water skis, surfboard or similar device unless there is in such vessel a responsible person, in addition to the operator, in a position to observe the progress of the person or persons being towed. 2. This section does not apply to a performer engaged in a professional exhibition or a person or persons engaged in a professional exhibition or a person or persons engaged in an activity authorized under section 462A.16.

         Section History: Early Form

         [C39, § 1703.17; C46, 50, 54, 58, § 106.17; C62, 66, 71, 73,
      75, 77, 79, 81, § 106.15; 82 Acts, ch 1028, § 19] 

         Section History: Recent Form

         C93, § 462A.15
         2002 Acts, ch 1050, §43
         Referred to in § 805.8B(1c)
         For applicable scheduled fines, see §805.8B, subsection 1,
      paragraph c
        

462A.16 REGATTAS, RACES, MARINE PARADES, TOURNAMENTS OR EXHIBITIONS. 1. The commission may authorize the holding of regattas, motorboat or other boat races, marine parades, tournaments or exhibitions on any waters of this state under the jurisdiction of the commission. The commission shall adopt and may, from time to time, amend regulations concerning the safety of vessels and persons, either observers or participants. If a regatta, motorboat or other boat race, marine parade, tournament or exhibition is proposed to be held, the person in charge thereof shall file an application with the commission for permission to hold such regatta, motorboat or other boat race, marine parade, tournament or exhibition. The application shall set forth the date, time and location where it is proposed to hold such regatta, motorboat or other boat race, marine parade, tournament or exhibition and it shall not be conducted without written authorization of the commission. 2. The provisions of this section shall not exempt any person from compliance with applicable federal law or regulation, but nothing contained herein shall be construed to require the securing of a state permit under this section if a permit therefor has been obtained from an authorized agency having jurisdiction of the waters where such regatta, race, marine parade, tournament or exhibition is being conducted.

         Section History: Early Form

         [C39, § 1703.17; C46, 50, 54, 58, § 106.17, 106.28; C62, 66,
      71, 73, 75, 77, 79, 81, § 106.16] 

         Section History: Recent Form

         C93, § 462A.16
         Referred to in § 462A.9, 462A.11, 462A.15
        

462A.17 LOCAL REGULATIONS RESTRICTED. 1. This chapter and other applicable laws of this state govern the operation, equipment, numbering and all other matters relating thereto of any vessel whenever the vessel is operated or maintained on the waters of this state under the jurisdiction of the commission, but this chapter does not prevent the adoption of any ordinance or local law relating to the operation or equipment of vessels. Such ordinances or local law are operative only so long as they are not inconsistent with this chapter or the rules adopted by the commission. 2. Any subdivision of this state may, but only after public notice thereof by publication in a newspaper having a general circulation in such subdivision, make formal application to the commission for special rules and regulations concerning 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. 3. The commission, upon application of local authorities, may make special rules in conformity with this chapter, concerning the operation of vessels on any waters of this state under the jurisdiction of the commission within the territorial limits of any subdivision of this state. Special rules shall only be adopted upon a finding by the commission that the rules are necessary to carry out the policies and purposes of this chapter due to special conditions with regard to a particular body of water and that the special rules provide greater protection to the public health, safety, and welfare than the rules of general application.

         Section History: Early Form

         [C39, § 1703.17; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79,
      81, § 106.17; 82 Acts, ch 1028, § 20, 21] 

         Section History: Recent Form

         C93, § 462A.17
         Referred to in § 805.8B(1e)
         For applicable scheduled fines, see §805.8B, subsection 1,
      paragraph e
        

462A.18 OWNER'S CIVIL LIABILITY. The owner and operator of any undocumented vessel shall be liable for any injury or damage occasioned by the negligent operation of such vessel.

         Section History: Early Form

         [C39, § 1703.21; C46, 50, 54, 58, § 106.21; C62, 66, 71, 73,
      75, 77, 79, 81, § 106.18] 

         Section History: Recent Form

         C93, § 462A.18
        

462A.19 Reserved.

462A.20 BOAT INSPECTION. A vessel either for hire or offered for hire upon any waters of this state under the jurisdiction of the commission may be inspected at any time by representatives of the commission or by any peace officer who is trained in enforcing, and who in the regular course of duty enforces, boating and navigation laws. Officers appointed by the commission or any peace officer who is trained in enforcing, and who in the regular course of duty enforces, boating and navigation laws shall have the power and authority to determine whether such vessel is safe for the transportation of passengers or cargo and upon what waters it may be used. They may determine and designate the number of passengers or cargo, including crew, that may be carried and determine whether the machinery, equipment and all appurtenances are such as to make the vessel seaworthy, where used, and such other matters as are pertinent. Private vessels may also be inspected to determine their seaworthiness at any time by representatives of the commission or by any peace officer who is trained in enforcing, and who in the regular course of duty enforces, boating and navigation laws.

         Section History: Early Form

         [C97, § 2511, 2512, 2513; S13, § 2512, 2513; C24, 27, 31, § 1691,
      1692, 1694; C35, § 1703-e1--e3, 1703-e5; C39, § 1703.01--1703.03,
      1703.05; C46, 50, 54, 58, § 106.1--106.3, 106.5; C62, 66, 71, §
      106.19, 106.20; C73, 75, 77, 79, 81, § 106.20] 

         Section History: Recent Form

         C93, § 462A.20
         2005 Acts, ch 137, §9
        

462A.21 FEES. Repealed by 2005 Acts, ch 137, § 19.

462A.22 ENGINEER OR PILOT LICENSE. Repealed by 2005 Acts, ch 137, § 19.

462A.23 SUSPENSION OR REVOCATION. 1. Any officer appointed by the commission may, for cause, temporarily suspend the registration certificate of any vessel that has been issued under this chapter, and the commission, after a due hearing on the matter at its next session, shall make final determination in the matter. 2. The commission shall forthwith revoke the registration certificate of any vessel and the owner's or operator's privilege to operate a vessel for hire or commercial vessel, upon receiving a record of such owner or operator's conviction of any of the following offenses, when such conviction has become final: a. Manslaughter resulting from the operation of a vessel. b. Operating a motorboat or sailboat while intoxicated, or manipulating water skis, a surfboard, or a similar device while in an intoxicated condition or under the influence of a narcotic drug. c. Failure to stop and render aid as required by this chapter when an occurrence involving a vessel results in the death or personal injury of another. d. Perjury or the making of a false affidavit or statement under oath to the commission under this chapter relating to the ownership or operation of a vessel. 3. The commission is hereby authorized to suspend the registration certificate of any vessel and the owner's or operator's privilege to operate a vessel for hire or commercial vessel upon a showing by its records that the owner or operator: a. Has committed an offense for which mandatory revocation of the registration certificate or of the privilege to operate a vessel for hire or commercial vessel is required upon conviction. b. Is a habitual reckless or negligent operator of a vessel for hire or commercial vessel. c. Is incompetent to operate a vessel for hire or commercial vessel. d. Has permitted an unlawful or fraudulent use of such registration certificate. 4. The commission is hereby authorized to suspend or revoke the certificate of registration of a vessel registered under the provisions of this chapter when: a. It is satisfied that such registration certificate was fraudulently or erroneously obtained. b. It determines that a registered vessel is unsafe to be operated on waters of the state under the jurisdiction of the commission. c. A registered vessel has been abandoned or wrecked. d. Identification numbers are knowingly displayed on a vessel other than the one to which assigned. 5. Upon revocation of any registration certificate, the commission shall notify the county recorder who issued the same, who shall immediately enter the revocation upon the recorder's records. 6. The commission is hereby authorized to suspend or revoke the special certificate of any manufacturer or dealer when it is satisfied that: a. Such special certificate was fraudulently or erroneously obtained. b. Such special certificate is being used in violation of the provisions of this chapter or the rules and regulations of the commission. c. Such manufacturer or dealer is violating any of the provisions of this chapter or the rules and regulations of the commission.

         Section History: Early Form

         [C97, S13, § 2513; C24, 27, 31, § 1695; C35, § 1703-e5; C39, §
      1703.05; C46, 50, 54, 58, § 106.5; C62, 66, 71, 73, 75, 77, 79,
      81, § 106.23] 

         Section History: Recent Form

         C93, § 462A.23
         2000 Acts, ch 1099, §9; 2005 Acts, ch 137, §10--12; 2007 Acts, ch
      28, §9
         Referred to in § 331.602, 915.80
        

462A.24 OVERLOADING OF VESSELS. No person owning or operating a vessel shall permit said vessel to be occupied by more passengers and crew than the registration capacity permits.

         Section History: Early Form

         [C39, § 1703.16, 1703.24; C46, 50, 54, 58, § 106.16, 106.24;
      C62, 66, 71, 73, 75, 77, 79, 81, § 106.24] 

         Section History: Recent Form

         C93, § 462A.24
         Referred to in § 805.8B(1c)
         For applicable scheduled fine, see §805.8B, subsection 1,
      paragraph c
        

462A.25 PENALTY. If an owner or operator of a vessel for hire or commercial vessel operated upon the waters of this state under the jurisdiction of the commission permits such vessel to be occupied by more passengers and crew than the registration capacity allows or if a person continues to operate a vessel for hire or commercial vessel after the person's privilege to operate the vessel has been revoked, the person shall be guilty of a serious misdemeanor. The provisions of this section shall not apply to vessels registered or numbered by authority of the United States.

         Section History: Early Form

         [C97, § 2513; S13, § 2513, 2514-d; C24, 27, 31, § 1695, 1700; C35,
      § 1703-e6, 1703-e10; C39, § 1703.06, 1703.22, 1703.27; C46, 50,
      54, 58, § 106.6, 106.22, 106.27; C62, 66, 71, 73, 75, 77, 79, 81, §
      106.25] 

         Section History: Recent Form

         C93, § 462A.25
         2005 Acts, ch 137, §13
        

462A.26 RIGHT-OF-WAY RULES -- SPEED AND DISTANCE RULES -- ZONING WATER AREAS. 1. Vessel traffic shall be governed by the following rules: a. Passing from rear -- keep to the operator's left. b. Passing head on -- keep to the operator's right. c. Passing at right angles -- vessel at the right has the right-of-way. d. Manually propelled vessels have the right-of-way over all other vessels. e. Sailboats have the right-of-way over all motor driven vessels. Motorboats, when meeting or overtaking sailboats, shall always pass on the leeward side. f. Any vessel backing from a landing has the right-of-way over incoming vessels. g. When necessary to protect the public health, safety, and welfare due to the physical nature and characteristics of any waters under the jurisdiction of the commission, the commission may promulgate further rules governing vessel traffic on such waters. 2. The commission may adopt rules governing all activities on waters and ice of this state under the jurisdiction of the commission, including impoundments constructed by or in cooperation with the federal government, when necessary and desirable to permit appropriate utilization of specific water areas, consistent with section 462A.3. The rules may include rules relating to the following: a. Zoning as to area, activity, vessel, or vehicle, speed, and time of day during which specified activities are permitted. b. Horsepower, size, and types of vessels and vehicles which may be operated. c. Safety precautions and practices required. 3. Except as provided in special rules promulgated under this chapter, the following speed and distance regulations apply: a. On all waters under the jurisdiction of the commission: (1) A motorboat shall not be operated at speeds greater than five miles per hour when within one hundred feet of another craft traveling at five miles per hour or less. (2) Motorboats shall maintain a minimum passing or meeting distance of fifty feet when both boats are traveling at speeds greater than five miles per hour. (3) A motorboat shall not be operated at a speed exceeding ten miles per hour unless vision is unobstructed at least two hundred feet ahead. b. On all inland lakes and federal impoundments under the jurisdiction of the commission. A motorboat shall not be operated within three hundred feet of shore at a speed greater than ten miles per hour.

         Section History: Early Form

         [C39, § 1703.14; C46, 50, 54, 58, § 106.14; C62, 66, § 106.26;
      C71, 73, 75, 77, 79, 81, § 106.26, 106.31; 82 Acts, ch 1028, § 22] 

         Section History: Recent Form


         C93, § 462A.26
         Referred to in § 805.8B(1b)
         For applicable scheduled fines, see §805.8B, subsection 1,
      paragraph b
        

462A.27 REMOVAL OF NONPERMANENT STRUCTURES. Every structure, not considered a permanent structure by the commission or excepted by the rules of the commission, shall be removed from the waters, ice, or land of this state under the jurisdiction of the commission on or before December 15 of each year. Failure to comply with this section shall cause the structure to be declared a public nuisance and disposition shall be in accordance with sections 483A.32 to 483A.34.

         Section History: Early Form

         [C39, § 1703.16, 1703.25; C46, 50, 54, 58, § 106.16, 106.25;
      C62, 66, 71, 73, 75, 77, 79, 81, § 106.27; 82 Acts, ch 1028, § 23] 

         Section History: Recent Form


         C93, § 462A.27
         Referred to in § 805.8B(1d)
         For applicable scheduled fine, see §805.8B, subsection 1,
      paragraph d
        

462A.28 UNWORTHY VESSELS DRYDOCKED. A person shall not place or allow to remain in the waters of this state under the jurisdiction of the commission, any vessel which has failed to pass inspection. All vessels shall be seaworthy for the waters on which they are being used.

         Section History: Early Form

         [C39, § 1703.25; C46, 50, 54, 58, § 106.25; C62, 66, 71, 73,
      75, 77, 79, 81, § 106.28; 82 Acts, ch 1028, § 24] 

         Section History: Recent Form

         C93, § 462A.28
         Referred to in § 805.8B(1d)
         For applicable scheduled fines, see §805.8B, subsection 1,
      paragraph d
        

462A.29 OFFICIAL DUTY EXEMPTED. Peace officers, members of the commission, its deputies, agents and employees are not violating the provisions of this chapter while acting within the scope of their employment in search and rescue operations, law enforcement duty, emergency duty, and other resource management activities as determined by rules of the commission.

         Section History: Early Form

         [C39, § 1703.26; C46, 50, 54, 58, § 106.26; C62, 66, 71, 73,
      75, 77, 79, 81, § 106.29; 82 Acts, ch 1028, § 25] 

         Section History: Recent Form

         C93, § 462A.29
        

462A.30 AIRCRAFT RESTRICTION. It is unlawful for any aircraft to make use of the inland lakes of the state, except in the transportation of persons or property between points separated by a distance of thirty miles or more. However, this section does not prohibit the use of such waters by any aircraft in danger or distress or the use of such waters by the operators of private aircraft, not operated for hire. In addition, the commission may, on the recommendation of the state department of transportation, designate certain areas on inland lakes of the state where seaplane flight instruction may be conducted under such conditions as may be adopted by the commission and the state department of transportation.

         Section History: Early Form

         [C39, § 1703.15; C46, 50, 54, 58, § 106.15; C62, 66, 71, 73,
      75, 77, 79, 81, § 106.30] 

         Section History: Recent Form

         C93, § 462A.30
        

462A.31 ARTIFICIAL LAKES. 1. Except as provided in rules adopted under this chapter, a motorboat shall not be permitted on any artificial lake under the jurisdiction of the commission except the following: a. A motorboat equipped with one or more outboard battery operated electric trolling motors. b. A motorboat equipped with any power unit mounted or carried aboard the vessel may be operated at a no-wake speed on all artificial lakes of more than one hundred acres in size under the custody of the department. However, on lake Macbride, a motorboat with a power unit exceeding ten horsepower may be operated only when permitted by rule and the rule shall not authorize such use during the period beginning on the Friday before Memorial Day and ending on Labor Day inclusively. This paragraph does not limit motorboat horsepower on natural lakes under the custody of the department or limit the department's authority to establish special speed zoning regulations. 2. All privately owned vessels on artificial lakes under the jurisdiction of the commission shall be kept at locations designated by the commission. 3. All privately owned vessels, used on or kept at the artificial lakes under the jurisdiction of the commission, shall be seaworthy for the waters where they are kept and used. All such vessels shall be removed from state property whenever ordered by the commission, and, in any event, shall be removed from such property not later than December 15 of each year. 4. Upon construction of an artificial lake by a political subdivision of this state, the subdivision may, after publication in a newspaper of general circulation in the subdivision, make formal application to the commission for special rules relating to the operation of watercraft on the lake, and shall set forth therein the reasons which make such special rules necessary or appropriate. The commission may promulgate the special rules as provided in this chapter, concerning the operation of watercraft on a lake constructed and maintained by a subdivision of this state. Such special rules may include the following: a. Zoning by area and time to regulate navigation and other types of activity. b. Regulating the horsepower, size and type of watercraft. 5. As provided in section 350.5, county conservation boards may make regulations concerning horsepower limits and no-wake speeds on artificial lakes under their jurisdiction, except for state-owned artificial lakes managed by a county conservation board under a management agreement.

         Section History: Early Form

         [C39, § 1703.16; C46, 50, 54, 58, § 106.16; C62, 66, 71, 73,
      75, 77, 79, 81, § 106.31; 82 Acts, ch 1028, § 26] 

         Section History: Recent Form

         86 Acts, ch 1227, § 1; 87 Acts, ch 124, § 1, 2; 92 Acts, ch 1101,
      § 2, 3
         C93, § 462A.31
         97 Acts, ch 91, § 1
         Referred to in § 805.8B(1b, 1e)
         For applicable scheduled fines, see §805.8B, subsection 1,
      paragraphs b and e
        

462A.32 RULES FOR BUOYS. 1. No private buoy shall be maintained in the waters of this state under the jurisdiction of the commission except as specified by the rules of the commission. 2. No other obstruction of any kind shall be maintained in the waters of this state under the jurisdiction of the commission without first receiving permission from the commission to maintain such obstruction. 3. It is unlawful to tamper with, move or attempt to move or, except in an emergency, moor a vessel to any waterway marker or state-approved buoy or sign. 4. No boat shall be anchored away from the shore and left unguarded unless it is attached to a legal buoy.

         Section History: Early Form

         [C39, § 1703.18; C46, 50, 54, 58, § 106.18; C62, 66, 71, 73,
      75, 77, 79, 81, § 106.32; 82 Acts, ch 1028, § 27] 

         Section History: Recent Form

         C93, § 462A.32
         Referred to in § 805.8B(1d)
         For applicable scheduled fines, see §805.8B, subsection 1,
      paragraph d
        

462A.33 DRIVING OVER ICE. 1. A person operating a craft or vehicle propelled by sail or by machinery in whole or in part shall not operate the craft or vehicle on the surface of ice on the lakes and streams of this state including but not limited to boundary streams and lakes unless the commission issues the person a permit. 2. Subsection 1 does not apply to automobiles, motorcycles, or trucks registered under chapter 321; snowmobiles registered under chapter 321G; or all-terrain vehicles, off-road motorcycles, or off-road utility vehicles registered under chapter 321I, when any of those vehicles are used without endangering public safety. 3. Except when authorized by a permit for a special event, persons shall not operate automobiles, motorcycles, trucks, all-terrain vehicles, off-road motorcycles, or off-road utility vehicles on the ice of waters under the jurisdiction of the commission at a rate of speed greater than is reasonable or proper under all existing circumstances. 4. A permit issued by the commission pursuant to this section may be suspended or revoked by the commission if a craft or vehicle is operated in a careless manner which endangers others.

         Section History: Early Form

         [C39, § 1703.20; C46, 50, 54, 58, § 106.20; C62, 66, 71, 73,
      75, 77, 79, 81, § 106.33; 82 Acts, ch 1028, § 28] 

         Section History: Recent Form

         85 Acts, ch 67, §13
         C93, § 462A.33
         2008 Acts, ch 1161, §14
         Referred to in § 805.8B(1b)
         For applicable scheduled fines, see §805.8B, subsection 1,
      paragraph b
        

462A.34 AUTHORIZED EMERGENCY VESSELS. Upon approach of an authorized emergency vessel displaying a blue light or flashing blue light, the operator of every other vessel shall stop and yield the right-of-way until the authorized vessel has passed. The provisions of this section shall not relieve the operator of an authorized emergency vessel from the duty to operate the vessel with due regard for the safety of all persons using the waters of this state, nor shall the provisions relieve the operator of any such vessel from liability from the operator's negligence.

         Section History: Early Form


         [C71, 73, 75, 77, 79, 81, § 106.34] 

         Section History: Recent Form

         C93, § 462A.34
         Referred to in § 805.8B(1c)
         For applicable scheduled fines, see §805.8B, subsection 1,
      paragraph c
        

462A.34A VEHICLES PROHIBITED IN STREAMBED. 1. Except as provided in subsection 2, a person shall not operate a motor vehicle in any of the following: a. Any portion of a meandered stream. b. Any portion of the bed of a nonmeandered stream which has been identified as a navigable stream or river by rule adopted by the department and which is covered by water. c. Any portion of a stream identified as a trout stream by the department. 2. This section does not prohibit the use of ford crossings of public or private roads or any other ford crossing when used for agricultural purposes, the operation of construction vehicles engaged in lawful construction, repair, or maintenance in a streambed, or the operation of motor vehicles on ice. 3. The department of natural resources shall adopt rules identifying the navigable streams and rivers in which a motor vehicle may be operated. The department may exempt participants of organized special events from this section where the organized special event is approved by a state or local authority. 4. As used in this section, "motor vehicle" means a motor vehicle as defined in section 321.1, subsection 42.

         Section History: Recent Form

         89 Acts, ch 244, §41
         CS89, § 106.34A
         C93, § 462A.34A
        

462A.34B ELUDING OR ATTEMPTING TO ELUDE PURSUING LAW ENFORCEMENT VESSEL -- PENALTY. 1. The operator of a vessel commits a serious misdemeanor if the operator willfully fails to bring the vessel to a stop or otherwise eludes or attempts to elude an authorized marked law enforcement vessel operated by a uniformed peace officer or by a water patrol officer of the department of natural resources, after being given a visual and audible signal to stop. The signals given by the officer shall be by displaying a blue light or flashing blue and red lights and by sounding a horn or siren. 2. The operator of a vessel commits an aggravated misdemeanor if the operator willfully fails to bring the vessel to a stop or otherwise eludes or attempts to elude an authorized marked law enforcement vessel operated by a uniformed peace officer or by a water patrol officer of the department of natural resources, after being given a visual and audible signal to stop as provided in this section and in doing so exceeds a reasonable speed. 3. The operator of a vessel commits a class "D" felony if the operator willfully fails to bring the vessel to a stop or otherwise eludes or attempts to elude an authorized marked law enforcement vessel operated by a uniformed peace officer or by a water patrol officer of the department of natural resources, after being given a visual and audible signal to stop as provided in this section, and in doing so exceeds a reasonable speed, and if any of the following occurs: a. The operator is participating in a public offense, as defined in section 702.13, that is a felony. b. The operator is in violation of section 462A.14 or 124.401. c. The offense results in bodily injury to a person other than the operator.

         Section History: Recent Form

         2007 Acts, ch 28, §10
        

462A.35 SPECIAL CERTIFICATE FOR MANUFACTURER OR DEALER. A manufacturer or dealer owning, storing, repairing, or altering a vessel required to be registered under this chapter may operate the vessel for purposes of transporting, testing, demonstrating, or selling the vessel without registering each such vessel, provided that any such vessel displays thereon a special certificate issued to the manufacturer or dealer as provided in this chapter. This special certificate shall not be used for any vessel offered for hire or for any work or service vessels owned by a manufacturer or dealer.

         Section History: Early Form

         [C71, 73, 75, 77, 79, 81, § 106.35] 

         Section History: Recent Form

         91 Acts, ch 57, §1; 92 Acts, ch 1163, § 27
         C93, § 462A.35
         Referred to in § 805.8B(1a)
         For applicable scheduled fines, see §805.8B, subsection 1,
      paragraph a
        

462A.36 FEE FOR CERTIFICATE. Any manufacturer or dealer may, upon payment of a fee of fifteen dollars, make application to the commission, upon such forms as the commission prescribes, for a special certificate containing a general distinguishing number and for one or more duplicate special certificates. The applicant shall submit such reasonable proof of the applicant's status as a bona fide manufacturer or dealer as the commission may require.

         Section History: Early Form

         [C71, 73, 75, 77, 79, 81, § 106.36] 

         Section History: Recent Form

         C93, § 462A.36
        

462A.37 NUMBER ASSIGNED -- SPECIAL SIGNS. The commission, upon granting any such application, shall issue to the applicant a special certificate containing the applicant's name and address, the general distinguishing number assigned to the applicant, the word "manufacturer" or "dealer", and such other information as the commission may prescribe. The manufacturer or dealer shall have the number so awarded printed upon or attached to a removable sign or signs to be temporarily but firmly mounted upon or attached to the vessel being used, and the display must meet the requirements of this chapter and the rules and regulations of the commission.

         Section History: Early Form

         [C71, 73, 75, 77, 79, 81, § 106.37] 

         Section History: Recent Form

         C93, § 462A.37
         Referred to in § 805.8B(1a)
         For applicable scheduled fines, see §805.8B, subsection 1,
      paragraph a
        

462A.38 DUPLICATES. The commission shall also issue duplicate special certificates as applied for which shall have displayed thereon the general distinguishing number assigned to the applicant. Each duplicate special certificate so issued shall contain a number or symbol identifying the same from every other duplicate special certificate bearing the same general distinguishing number. The fee for each additional duplicate special certificate shall be two dollars.

         Section History: Early Form

         [C71, 73, 75, 77, 79, 81, § 106.38] 

         Section History: Recent Form

         C93, § 462A.38
        

462A.39 EXPIRATION DATE. Each special certificate issued hereunder shall expire at midnight on April 30 of the last calendar year of the registration period, and a new special certificate for the ensuing registration period may be obtained upon application to the commission and payment of the fee provided by law.

         Section History: Early Form

         [C71, 73, 75, 77, 79, 81, § 106.39] 

         Section History: Recent Form

         C93, § 462A.39
         2005 Acts, ch 137, §14
        

462A.40 RECORD OF USE. Every manufacturer or dealer shall keep a written record of the vessels upon which such special certificates are used, which record shall be open to inspection by any law enforcement officer or any officer or employee of the commission.

         Section History: Early Form

         [C71, 73, 75, 77, 79, 81, § 106.40] 

         Section History: Recent Form

         C93, § 462A.40
        

462A.41 SEPARATE CERTIFICATE FOR EACH CITY. If a manufacturer or dealer has an established place of business in more than one city, the manufacturer or dealer shall secure a separate and distinct special certificate and general distinguishing number for each such place of business.

         Section History: Early Form

         [C71, 73, 75, 77, 79, 81, § 106.41] 

         Section History: Recent Form

         C93, § 462A.41
        

462A.42 LIST OF USED BOATS ON HAND FURNISHED. Dealers using special certificates under the provisions of this chapter shall, before May 5 of each year, furnish the commission with a list of all used vessels held by them for sale or trade, and upon which the registration fee for the current year has not been paid, giving the previous registration number, name of previous owner at the time such vessel was transferred to the dealer, and such other information as the commission may require.

         Section History: Early Form

         [C71, 73, 75, 77, 79, 81, § 106.42] 

         Section History: Recent Form

         C93, § 462A.42
        

462A.43 TRANSFER OF OWNERSHIP. Upon the transfer of ownership of any vessel, the owner, except as otherwise provided by this chapter, shall complete the form on the back of the registration certificate and shall deliver it to the purchaser or transferee at the time of delivering the vessel. If a vessel has an expired registration at the time of transfer, the transferee shall pay all applicable fees for the current registration period, the appropriate writing fee, and a penalty of five dollars, and a transfer of number shall be awarded in the same manner as provided for in an original registration. All penalties collected pursuant to this section shall be forwarded by the commission to the treasurer of state, who shall place the money in the state fish and game protection fund. The money so collected is appropriated to the commission solely for the administration and enforcement of navigation laws and water safety.

         Section History: Early Form

         [C71, 73, 75, 77, 79, 81, § 106.43] 

         Section History: Recent Form

         C93, § 462A.43
         2007 Acts, ch 28, §11
        

462A.44 APPLICATION FOR TRANSFER. The purchaser or transferee shall, except as otherwise provided by this chapter, within thirty days of the purchase or transfer, file a new application form with the county recorder with a fee of one dollar and the appropriate writing fee, and a transfer of number shall be awarded in the same manner as provided for in an original registration.

         Section History: Early Form

         [C71, 73, 75, 77, 79, 81, § 106.44] 

         Section History: Recent Form

         C93, § 462A.44
         2002 Acts, ch 1035, §1
         Referred to in § 331.605
        

462A.45 TRANSFER BY DEALER. When the purchaser or transferee of a vessel is a dealer who holds the same for resale and operates the vessel only for purposes incident to a resale and displays thereon a special dealers' certificate, or does not operate such vessel or permit it to be operated, such transferee shall not be required to obtain a new registration certificate but upon transferring the title or interest to another person the dealer shall sign the reverse side of the registration certificate of such vessel indicating the name and address of the new purchaser.

         Section History: Early Form

         [C71, 73, 75, 77, 79, 81, § 106.45] 

         Section History: Recent Form

         C93, § 462A.45
        

462A.46 PURCHASE OF REGISTERED VESSEL BY DEALER. Whenever a dealer purchases or otherwise acquires a vessel registered in this state, the dealer shall issue a signed receipt to the previous owner, indicating the date of purchase or acquisition, the name and address of such previous owner, and the registration number of the vessel purchased or acquired. The original receipt shall be delivered to the previous owner and one copy shall be mailed or delivered by the dealer to the county recorder of the county in which the vessel is registered, and one copy shall be delivered to the commission within forty-eight hours.

         Section History: Early Form

         [C71, 73, 75, 77, 79, 81, § 106.46] 

         Section History: Recent Form

         C93, § 462A.46
        

462A.47 TRANSFER TO DEALER. Nothing in this section shall prohibit a dealer from obtaining a new registration and transfer of registration in the same manner as other purchasers.

         Section History: Early Form

         [C71, 73, 75, 77, 79, 81, § 106.47] 

         Section History: Recent Form

         C93, § 462A.47
        

462A.48 SALES BY MANUFACTURER OR DEALER. Upon the sale of a vessel by a manufacturer or dealer, the purchaser shall, within thirty days of the purchase, make application for registration and the purchaser may operate the vessel without its individual identification number thereon for a period of not more than thirty-five days after the purchase date, provided that during such period the vessel shall have attached thereto, in accordance with the provisions of this chapter, a pasteboard card bearing the words "registration applied for" and the special certificate number of the dealer from whom the vessel was purchased together with the date of purchase plainly stamped or stenciled thereon.

         Section History: Early Form

         [C71, 73, 75, 77, 79, 81, § 106.48] 

         Section History: Recent Form

         C93, § 462A.48
         2002 Acts, ch 1035, §2
        

462A.49 PROHIBITED USE OF "APPLIED FOR" CARD. No manufacturer or dealer shall permit the use of such card unless an application for a registration certificate has been made.

         Section History: Early Form

         [C71, 73, 75, 77, 79, 81, § 106.49] 

         Section History: Recent Form

         C93, § 462A.49
        

462A.50 OFFICIAL CARDS ONLY TO BE USED. The commission shall, upon the application of any manufacturer or dealer, furnish "registration applied for" cards free of charge. No cards shall be used except those furnished by the commission.

         Section History: Early Form

         [C71, 73, 75, 77, 79, 81, § 106.50] 

         Section History: Recent Form

         C93, § 462A.50
        

462A.51 COUNTY RECORDER -- DUTIES. The county recorder shall be responsible for all fees and penalties for the issuance of vessel registrations. All unused registration certificates shall be surrendered to the commission upon demand.

         Section History: Early Form

         [C71, 73, 75, 77, 79, 81, § 106.51] 

         Section History: Recent Form

         C93, § 462A.51
         Referred to in § 331.602
        

462A.52 FEES REMITTED TO COMMISSION. 1. Within ten days after the end of each month, a county recorder shall remit to the commission all fees collected by the recorder during the previous month. Before May 10 of the registration period beginning May 1 of that year, a county recorder shall remit to the commission all unused license blanks for the previous registration period. All fees collected for the registration of vessels shall be forwarded by the commission to the treasurer of the state, who shall place the money in the state fish and game protection fund. The money so collected is appropriated to the commission solely for the administration and enforcement of navigation laws and water safety. 2. Notwithstanding subsection 1, any increase in revenues received on or after July 1, 2007, but on or before June 30, 2013, pursuant to this section as a result of fee increases pursuant to 2005 Acts, ch. 137, shall be used by the commission only for the administration and enforcement of programs to control aquatic invasive species and for the administration and enforcement of navigation laws and water safety upon the inland waters of this state and shall be used in addition to funds already being expended by the commission each year for these purposes. The commission shall not reduce the amount of other funds being expended on an annual basis for these purposes as of July 1, 2005, during the period of the appropriation provided for in this subsection. 3. The commission shall submit a written report to the general assembly by December 31, 2007, and by December 31 of each year thereafter through December 31, 2013, summarizing the activities of the department in administering and enforcing programs to control aquatic invasive species and administering and enforcing navigation laws and water safety upon the inland waters of the state. The report shall include information concerning the amount of revenues collected pursuant to this section as a result of fee increases pursuant to 2005 Acts, ch. 137, and how the revenues were expended. The report shall also include information concerning the amount and source of all other funds expended by the commission during the year for the purposes of administering and enforcing programs to control aquatic invasive species and administering and enforcing navigation laws and water safety upon the inland waters of the state and how the funds were expended.

         Section History: Early Form

         [C71, 73, 75, 77, 79, 81, § 106.52] 

         Section History: Recent Form

         89 Acts, ch 102, §1
         C93, § 462A.52
         2005 Acts, ch 137, §15
         Referred to in § 331.602
        

462A.53 AMOUNT OF WRITING FEES. A writing fee of one dollar and twenty-five cents for each transaction shall be collected by the county recorder. If two or more functions are transacted for the same vessel at one time, the writing fee is limited to one dollar and twenty-five cents.

         Section History: Early Form

         [C71, 73, 75, 77, 79, 81, § 106.5, 106.53; 82 Acts, ch 1028, § 29]
      

         Section History: Recent Form

         C93, § 462A.53
         2005 Acts, ch 137, §16
         Referred to in § 331.605, 462A.5
        

462A.54 DISPOSAL OF WRITING FEES. The writing fees collected by the county recorder shall be paid to the county treasurer by the county recorder as other such fees are paid to the county treasurer by the county recorder.

         Section History: Early Form

         [C71, 73, 75, 77, 79, 81, § 106.54] 

         Section History: Recent Form

         C93, § 462A.54
         Referred to in § 331.602
        

462A.55 SALES OR USE TAX TO BE PAID BEFORE REGISTRATION. No vessel shall be registered by the county recorder until there has been presented to the recorder receipts, bills of sale, or other satisfactory evidence that the sales or use tax has been paid for the purchase of the vessel. If the owner of the vessel is unable to present satisfactory evidence that the sales or use tax has been paid, the county recorder shall collect the tax. On or before the tenth day of each month, the county recorder shall remit to the department of revenue the amount of the taxes so collected during the preceding month, together with an itemized statement on forms furnished by the department of revenue showing the name of each taxpayer, the make and purchase price of each vessel and motor, the amount of tax paid, and such other information as the department of revenue shall require.

         Section History: Early Form

         [C71, 73, 75, 77, 79, 81, § 106.55] 

         Section History: Recent Form

         C93, § 462A.55
         2003 Acts, ch 145, §286
         Referred to in § 331.602
        

462A.56 THROUGH 462A.65 Reserved.

462A.66 INSPECTION AUTHORITY. An officer of the commission or any peace officer who is trained in enforcing, and who in the regular course of duty enforces, boating and navigation laws may stop and inspect a vessel being launched, being operated, or being moored on the waters of this state under the jurisdiction of the commission to determine whether the vessel is properly registered, numbered, and equipped as provided under this chapter and rules of the commission. An officer may board a vessel in the course of an inspection if the operator is unable to supply visual evidence that the vessel is properly registered and equipped as required by this chapter and rules of the commission. The inspection shall not include an inspection of an area that is not essential to determine compliance with the provisions of this chapter and rules of the commission.

         Section History: Early Form

         [82 Acts, ch 1028, § 31] 

         Section History: Recent Form

         C83, § 106.66
         C93, § 462A.66
         2005 Acts, ch 137, §17
        

462A.67 INSPECTION DEFICIENCY ORDER. If after performing an inspection the officer determines that the vessel is not properly registered, numbered, or equipped, the officer may issue an inspection deficiency order or citation to the operator of the vessel. The inspection deficiency order may indicate any deficiencies found to exist during the inspection and shall direct the owner or operator of the vessel to properly register or number the vessel or have equipment repairs or replacements made and return a copy of the inspection deficiency order with proof of compliance with the registration, numbering, or equipment requirements to the commission within fourteen days. If such proof is not provided within fourteen days, the owner or operator is in violation of this chapter.

         Section History: Early Form

         [82 Acts, ch 1028, § 32] 

         Section History: Recent Form

         C83, § 106.67
         C93, § 462A.67
        

462A.68 TERMINATION OF USE. A vessel for which an inspection deficiency order has been issued shall cease to be used as soon as possible and shall not be launched upon the waters of this state under the jurisdiction of the commission until the vessel is in compliance with the registration, numbering, or equipment requirement for which the order was issued.

         Section History: Early Form

         [82 Acts, ch 1028, § 33] 

         Section History: Recent Form

         C83, § 106.68
         C93, § 462A.68
        

462A.69 PUBLIC USE OF WATER FOR NAVIGATION PURPOSES. Water occurring in any river, stream, or creek having definite banks and bed with visible evidence of the flow of water is flowing surface water and is declared to be public waters of the state of Iowa and subject to use by the public for navigation purposes in accordance with law. Land underlying flowing surface water is held subject to a trust for the public use of the water flowing over it. Such use is subject to the same rights, duties, limitations, and regulations as presently apply to meandered streams, or other streams deemed navigable for commercial purposes and to any reasonable use by the owner of the land lying under and next to the flowing surface water.

         Section History: Early Form

         [82 Acts, ch 1028, § 34] 

         Section History: Recent Form

         C83, § 106.69
         C93, § 462A.69
        

462A.70 HULL IDENTIFICATION, CAPACITY PLATES, WARNING LABELS. 1. Altering or changing numbers on plates. a. A person shall not with fraudulent intent, deface, destroy, or alter the hull identification number, capacity plate, or any other plate, warning label, or instrument required by state or federal law on a vessel or component part nor shall a person place or stamp a hull identification number, capacity plate, or any other warning label or instrument upon a vessel or component part except one assigned thereto by state or federal law. b. This section does not prohibit the restoration of an original hull identification number, capacity plate, or any other original plate, warning label, or instrument required by state or federal law when the restoration is made by the commission nor prevent a manufacturer from placing in the ordinary course of business numbers, plates, or marks upon vessels or component parts. 2. Test to determine true number or plate. When it appears that a hull identification number, capacity plate, or any other plate, warning label, or instrument required by state or federal law has been altered, defaced, or tampered with, a peace officer or inspector employed by the commission or any other person acting under the direction of a peace officer or inspector, may apply any recognized process or test to the vessel or part containing such number or plate for the purpose of determining the true number or plate content. 3. Right of inspection. Peace officers or examiners employed by the commission may inspect any vessel or component part in possession of any person or found upon the waters of this state under the jurisdiction of the commission or in a public mooring or storage area or enclosure in which vessels or component parts are kept for sale, storage, hire, or repair and to determine vessel or component part identification may board the vessel or enter the public mooring or storage area or enclosure. 4. Penalty. A person who is convicted of a violation of any of the provisions of this section or rules adopted under this section by the commission is guilty of a class "D" felony.

         Section History: Early Form

         [82 Acts, ch 1028, § 35] 

         Section History: Recent Form

         C83, § 106.70
         C93, § 462A.70
        

462A.71 RECIPROCITY. The director, with the consent of the commission, may enter into agreements with the appropriate regulatory agencies of other states as necessary or convenient to carry out the purposes of this chapter and not inconsistent with this chapter, and may do all acts contained in the agreements. The agreements may include, but are not restricted to, the following provisions: 1. Regulations in regard to registration, numbering, and equipment of vessels. 2. Operating requirements for vessels and vessel operators. 3. Enforcement activity of officers.

         Section History: Early Form

         [82 Acts, ch 1028, § 36] 

         Section History: Recent Form

         C83, § 106.71
         C93, § 462A.71
        

462A.72 THROUGH 462A.76 Reserved.

462A.77 OWNER'S CERTIFICATE OF TITLE -- IN GENERAL. 1. Except as provided in subsection 3, an owner of a vessel seventeen feet or longer in length principally used on the waters of the state and to be numbered pursuant to section 462A.4 shall apply to the county recorder of the county in which the owner resides for a certificate of title for the vessel. The requirement of a certificate of title does not apply to canoes, kayaks, or inflatable vessels regardless of length. 2. Each certificate of title shall contain the information and shall be issued in a form the department prescribes. 3. a. A person who, on January 1, 1988, is the owner of a vessel seventeen feet or longer in length with a valid certificate of number issued by the state is not required to file an application for a certificate of title for the vessel. A person who, on or after January 1, 1988, purchases a vessel seventeen feet or longer in length which was registered with a valid certificate of number issued by this state before January 1, 1988, shall obtain a certificate of title for the vessel. b. A person who is the owner of a vessel that is documented with the United States coast guard is not required to file an application for a certificate of title for the vessel and the vessel is exempt from the requirements of section 462A.82, subsections 1 and 2, and section 462A.84. 4. Every owner of a vessel subject to titling under this chapter shall apply to the county recorder for issuance of a certificate of title for the vessel within thirty days after acquisition. The application shall be on forms the department prescribes, and accompanied by the required fee. The application shall be signed and sworn to before a notary public or other person who administers oaths, or shall include a certification signed in writing containing substantially the representation that statements made are true and correct to the best of the applicant's knowledge, information, and belief, under penalty of perjury. The application shall contain the date of sale and gross price of the vessel or the fair market value if no sale immediately preceded the transfer, and any additional information the department requires. If the application is made for a vessel last previously registered or titled in another state or foreign country, it shall contain this information and any other information the department requires. 5. If a dealer buys or acquires a used vessel for resale, the dealer shall report the acquisition to the county recorder on the forms the department provides, or the dealer may apply for and obtain a certificate of title as provided in this chapter. If a dealer buys or acquires a used unnumbered vessel, the dealer shall apply for a certificate of title in the dealer's name within fifteen days. If a dealer buys or acquires a new vessel for resale, the dealer may apply for a certificate of title in the dealer's name. 6. Every dealer transferring a vessel requiring titling under this chapter shall assign the title to the new owner, or in the case of a new vessel assign the certificate of origin. Within fifteen days the dealer shall forward all moneys and applications to the county recorder. 7. The county recorder shall maintain a record of any certificate of title which the county recorder issues and shall keep each certificate of title on record until the certificate of title has been inactive for five years. 8. A person shall not sell, assign, or transfer a vessel titled by the state without delivering to the purchaser or transferee a certificate of title with an assignment on it showing title in the purchaser or transferee. A person shall not purchase or otherwise acquire a vessel required to be titled by the state without obtaining a certificate of title for it in that person's name. 9. A person who owns a vessel which is not required to have a certificate of title may apply for and receive a certificate of title for the vessel and the vessel shall subsequently be subject to the requirements of this division as though the vessel was required to be titled.

         Section History: Recent Form

         87 Acts, ch 134, § 4
         CS87, § 106.77
         88 Acts, ch 1008, § 2; 92 Acts, ch 1073, § 1
         C93, § 462A.77
         96 Acts, ch 1020, § 1; 97 Acts, ch 23, § 55; 2005 Acts, ch 137,
      §18
        

462A.78 FEES -- SURCHARGE -- DUPLICATES. 1. a. The county recorder shall charge a five dollar fee to issue a certificate of title, a transfer of title, a duplicate, or a corrected certificate of title. b. In addition to the fee required under paragraph "a", and sections 462A.82 and 462A.84, a surcharge of five dollars shall be required. 2. If a certificate of title is lost, stolen, mutilated, destroyed, or becomes illegible, the first lienholder or, if there is none, the owner named in the certificate, as shown by the county recorder's records, shall within thirty days obtain a duplicate by applying to the county recorder. The applicant shall furnish information the department requires concerning the original certificate and the circumstances of its loss, mutilation, or destruction. Mutilated or illegible certificates shall be returned to the department with the application for a duplicate. 3. The duplicate certificate of title shall be marked plainly "duplicate" across its face, and mailed or delivered to the applicant. 4. If a lost or stolen original certificate of title for which a duplicate has been issued is recovered, the original shall be surrendered promptly to the department for cancellation. 5. The funds collected under subsection 1, paragraph "a", shall be placed in the general fund of the county and used for the expenses of the county conservation board if one exists in that county. Of each surcharge collected as required under subsection 1, paragraph "b", the county recorder shall remit five dollars to the department of revenue for deposit in the general fund of the state.

         Section History: Recent Form

         87 Acts, ch 134, § 5
         CS87, § 106.78
         91 Acts, ch 267, §606
         C93, § 462A.78
         95 Acts, ch 219, §42; 2003 Acts, ch 145, §286
        

462A.79 OBTAINING MANUFACTURER'S OR IMPORTER'S CERTIFICATE OF ORIGIN. A manufacturer or dealer shall not transfer ownership of a new vessel required to be titled without supplying the transferee with the manufacturer's or importer's certificate of origin signed by the manufacturer's or importer's authorized agent. The certificate shall contain information the department requires. The department may adopt rules providing for the issuance of a certificate of origin for a vessel by the department upon good cause shown by the owner.

         Section History: Recent Form

         87 Acts, ch 134, § 6
         CS87, § 106.79
         88 Acts, ch 1008, § 3
         C93, § 462A.79
        

462A.80 HULL IDENTIFICATION NUMBER OF VESSEL. 1. Every vessel whose construction began after October 31, 1972, shall have a hull identification number assigned and affixed as required by the federal Boat Safety Act of 1971. The department shall determine the procedures for application and for issuance of the hull identification number for homebuilt boats. 2. A person shall not destroy, remove, alter, cover, or deface the manufacturer's hull identification number, the plate bearing it, or any hull identification number the department assigns to a vessel without the department's permission. 3. A person other than a manufacturer who constructs a vessel or uses an unconventional device as a vessel for navigation shall submit an affidavit which describes the vessel or device to the department. In cooperation with the county recorder, the department shall assign a hull identification number to the vessel or device. The applicant shall cause the number to be carved, burned, stamped, embossed, or otherwise permanently affixed to the outboard side of the transom or, if there is no transom, to the outermost starboard side at the end of the hull that bears the rudder or other steering mechanism, above the waterline of the vessel or device in such a way that alteration, removal, or replacement would be obvious and evident.

         Section History: Recent Form

         87 Acts, ch 134, § 7
         CS87, § 106.80
         C93, § 462A.80
        

462A.81 DEALER'S RECORD OF VESSELS BOUGHT, SOLD, OR TRANSFERRED. Every dealer shall maintain for three years a record of any vessel bought, sold, exchanged, or received for sale or exchange. This record shall be open to inspection by department representatives during reasonable business hours.

         Section History: Recent Form

         87 Acts, ch 134, § 8
         CS87, § 106.81
         C93, § 462A.81
        

462A.82 TRANSFER OR REPOSSESSION OF VESSEL BY OPERATION OF LAW -- COAST GUARD DOCUMENTATION OF VESSEL. 1. If ownership of a vessel is transferred by operation of law, such as by inheritance, order in bankruptcy, insolvency, replevin, or execution sale, the transferee, within thirty days after acquiring the right to possession of the vessel by operation of law, shall mail or deliver to the county recorder satisfactory proof of ownership as the county recorder requires, together with an application for a new certificate of title, and the required fee. A title tax is not required on these transactions. 2. If a lienholder repossesses a vessel by operation of law and holds it for resale, the lienholder shall secure a new certificate of title and shall pay the required fee. 3. If a vessel is documented with the United States coast guard, the owner shall mail or deliver to the county recorder proof of the documentation and the owner's certificate of title issued pursuant to this chapter is canceled upon the delivery. A title tax is not required on these transactions.

         Section History: Recent Form

         87 Acts, ch 134, § 9
         CS87, § 106.82
         C93, § 462A.82
         96 Acts, ch 1020, § 2
         Referred to in § 462A.77, 462A.78
        

462A.83 SECURITY INTEREST IN VESSELS -- EXEMPTIONS. This division does not apply to or affect any of the following: 1. A lien given by statute or rule of law to a supplier of services or materials for a vessel. 2. A lien given by statute to the United States, this state, or any political subdivision of this state. 3. A security interest in a vessel created by a manufacturer or dealer who holds the vessel for sale, but a buyer in the ordinary course of trade from the manufacturer or dealer takes free of the security interest. 4. A lien arising out of an attachment of a vessel. 5. A security interest claimed on proceeds if the original security interest did not have to be noted on the certificate of title in order to be perfected. 6. A vessel for which a certificate of title is not required under this chapter. 7. A security interest perfected under chapter 554 before January 1, 1988.

         Section History: Recent Form

         87 Acts, ch 134, § 10
         CS87, § 106.83
         C93, § 462A.83
        

462A.84 PERFECTION AND TITLES -- FEE. 1. A security interest created in this state in a vessel required to have a certificate of title is not perfected until the security interest is noted on the certificate of title. a. To perfect the security interest, an application for security interest must be presented along with the original title. The county recorder shall note the security interest on the face of the title and on the copy in the recorder's office. b. The application fee for a security interest is five dollars. The fees shall be credited to the county general fund. 2. The certificate of title shall be presented to the county recorder when the application for security interest or for assignment of the security interest is presented and a new or endorsed certificate of title shall be issued to the secured party with the name and address of the secured party upon it. 3. When a security interest is discharged, the secured party shall note the cancellation of the security interest on the face of the certificate of title and send the title by first class mail to the office of the county recorder where the title was issued, or the secured party shall send a notarized letter by first class mail to the county recorder where the title was issued notifying the county recorder of the cancellation of the security interest. The county recorder shall note the release of the security interest in the county records as evidence of the release of the security interest.

         Section History: Recent Form

         87 Acts, ch 134, § 11
         CS87, § 106.84
         88 Acts, ch 1008, § 4
         C93, § 462A.84
         2007 Acts, ch 28, §12
         Referred to in § 462A.77, 462A.78
        

462A.85 FORMS -- INVESTIGATIONS. 1. The department shall prescribe and provide suitable forms for applications, certificates of title, notices of security interests, and all other notices and forms necessary to carry out this division. 2. The department may make necessary investigations to procure information required to carry out this division.

         Section History: Recent Form

         87 Acts, ch 134, § 12
         CS87, § 106.85
         88 Acts, ch 1008, § 5
         C93, § 462A.85

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