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Skier Down Flag Law in Illinois

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Post Options Post Options   Thanks (0) Thanks(0)   Quote Kristof Quote  Post ReplyReply Direct Link To This Post Posted: February-28-2014 at 8:35am
Originally posted by bkhallpass bkhallpass wrote:

Get over it. That law passed over 45 years ago in California. No big deal. Mostly it gives the cops another way to find drunk boat drivers who are too drunk to remember to put the flag up.

BKH


Same here!

We are obligated to have two flags: a yellow one and a red one.
The yellow one should be raised when a skier has fallen, the red one should be raised when you have engine problems or a leak...

Hardly anybody uses them. But you get a fine if you don't have them on board.


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Post Options Post Options   Thanks (0) Thanks(0)   Quote quinner Quote  Post ReplyReply Direct Link To This Post Posted: February-28-2014 at 2:57pm
Still not getting it, stupid law?? As HW mentioned, we already have laws in place that address the issue. How is a 12x12 flag more visible then a human on ski's prior to falling? If a flag is raised does that make it a no wake zone x00' around the signaling vessel? Logistically where does the flag need to be, higher then the bimini or tower?? In order for the flag to truly be visible all around the flag person would probably need to stand and possibly move behind the pylon where the flag could be raised high enough to be seen, great, so now you have people standing & moving around in the boat while you are trying to get back to your skier so the guy your flagging, running uninhibited, is bearing down on them. Great idea   
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Hollywood Quote  Post ReplyReply Direct Link To This Post Posted: February-28-2014 at 3:14pm
I would think CA has the details on how to use the flag figured out by now.

I do see some benefit on a river or something like the delta when you come around a bend and there is a random boat idling around. It raises awareness. However, even without a flag you'd still have to choose to unsafely pass by too close too fast to ever create a collision. I just don't see it helping whatsoever on a wide open lake where it takes a combination of extreme neglect from both parties to result in what happened on the Chain last summer. Simply put, I don't think it is going to make the waters here safer on a state wide level.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote bkhallpass Quote  Post ReplyReply Direct Link To This Post Posted: February-28-2014 at 6:44pm
Originally posted by Morfoot Morfoot wrote:

So let me get this straight.... A flag on a boat 300 yards from where a skier/tuber has fallen is gonna make it safer for the person in the water how?    


If the boat is 300 yards from where the rider has fallen, that's some s--- boat driving. Most of the channels where we boat aren't 100 yards wide.

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Post Options Post Options   Thanks (0) Thanks(0)   Quote GlassSeeker Quote  Post ReplyReply Direct Link To This Post Posted: February-28-2014 at 7:13pm
it really only communicates that there is stuff like people ropes and gear in the water so people who follow the rules then give wider berth because a rope can be out 80-90-100 feet....normally a boat just sitting you can go a little closer to...like most rules only works when people know and follow it. it isn't an invisible force field that will shield you from all possibilities. it does work the same way no matter the size of water on. we have huge lakes here and it works the same way in tight sloughs and open big lakes. it communicates thats all.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote bkhallpass Quote  Post ReplyReply Direct Link To This Post Posted: February-28-2014 at 7:21pm
What he said /\ /\ /\

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Post Options Post Options   Thanks (0) Thanks(0)   Quote desertskier Quote  Post ReplyReply Direct Link To This Post Posted: February-28-2014 at 7:25pm
In Arizona I got stopped and harassed for having a faded flag. It was early in the morning so I don't think he was looking for drunks just being a jerk. In Tenn. I came around a bend in the river and found a kid floating by himself. Tenn. didn't have a flag or a spotter law so that may have been a good argument for a having spotter law. We got the kid on board and a boat eventually came back for him. He fell off a tube and they didn't notice. So since they had people in the boat and they weren't watching I guess a spotter law wouldn't have helped. So the bottom line is stupid laws aren't going to stop stupid people from doing stupid things.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote N2Deep Quote  Post ReplyReply Direct Link To This Post Posted: February-28-2014 at 9:30pm
Nevada has a flag law also - it does help because when people get close you can wave the flag and it usually gets their attention if they are daydreaming. Little easier to see a waving flag 8ft in the air than just hands waving. Its just the stupid people that ski/board/tub right in the main traffic that have issues. We normally find a cove where the water is smoother anyway and never have issues with idiots. Its just the drunks on the way back to the marina ya gotta worry about.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote DrCC Quote  Post ReplyReply Direct Link To This Post Posted: February-28-2014 at 10:03pm
read your flag rules carefully.
in MO flags are not required until 11:00 am.

sorry if this has already been mentioned, didn't read the entire thread.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote GlassSeeker Quote  Post ReplyReply Direct Link To This Post Posted: March-01-2014 at 12:14am
Wish we had that 11am exemption ...musta had waterskiers in the legislature there.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote quinner Quote  Post ReplyReply Direct Link To This Post Posted: January-08-2015 at 11:53am
As of January 1st, 2015 Illinois will have some new boating laws:

- You must display an orange flag from the moment a person leaves the watercraft until they return. Read a couple different versions of this, one states towed skiers/tubers and another swimmers.

- Any persons born after Jan 1, 1998 will need a boating license/certificate to operate any watercraft over 10hp

- Under certain offenses related to boating under the influence your watercraft can be seized. Have not found anything fully explaining this one other then they are trying to bring boating laws more in line with motor vehicle laws.

John B perhaps or anyone else able to clarify the flag and BUI laws??

Looks like all us Illinois boaters need to buy some flags, anybody have any suggestions on a good bright orange flag 12" per side??
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Orlando76 Quote  Post ReplyReply Direct Link To This Post Posted: January-08-2015 at 12:09pm
I never understood laws requiring safety course if you're born After a certain date. Evidently in Illinois if your born 12/31/97 you're smart and born on 1/1/98 you're an idiot. Or the guy who's 50 and decides to buy a boat and go boating for the first time ever is a better safer driver than a 12 year old who was born boating.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote quinner Quote  Post ReplyReply Direct Link To This Post Posted: January-08-2015 at 12:17pm
Believe the thought behind the date is prior to 1/1/15 having a valid drivers license qualified you to also drive a boat, so essentially all those born prior to 1/1/98 (16 yrs old+) are grandfathered in based on they previously qualified.

Personally this law I like, I took the boating safety course and got my license at 12 years old (38 years ago, lol), also wish they would require an additional certificate for PWC's
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Post Options Post Options   Thanks (0) Thanks(0)   Quote john b Quote  Post ReplyReply Direct Link To This Post Posted: January-08-2015 at 12:59pm
(625 ILCS 45/5-14) (from Ch. 95 1/2, par. 315-9)
    Sec. 5-14. Towing of persons.
E. The operator of any watercraft that is towing a person or persons shall display on the watercraft a bright or brilliant orange flag measuring not less than 12 inches per side. The flag shall be displayed at the highest point of the area surrounding the boat's helm as to be visible from all directions, continuously, while the person or persons being towed depart the boat in preparation for towing and until reentry into the boat when the activity has ceased. Display of the flag for purposes other than the activity described in this Section is prohibited.
(Source: P.A. 98-697, eff. 1-1-15.)

12" per side? does that mean the flag must be a cube?
but seriously, required or not I have always used a flag. There are boaters out there that need every possible warning device to keep them from running over my family and friends. .

The entire statute is:
625 ILCS 45/5-14) (from Ch. 95 1/2, par. 315-9)
    Sec. 5-14. Towing of persons.
    A. No person may operate a motorboat that has in tow or is otherwise assisting a person on water skis, an aquaplane, or a similar contrivance in or upon any waterway, unless the motorboat has a capacity of at least 3 persons and is occupied by at least 2 competent persons.
    B. No person may operate a motorboat having in tow or otherwise be assisting a person on water skis, aquaplane or similar contrivance from the period of one-half hour after sunset to one-half hour before sunrise. This paragraph B does not apply to motorboats used in duly authorized water ski tournaments, competitions, exhibitions or trials therefor where adequate lighting is provided.
    C. All persons operating a motorboat having in tow or otherwise assisting a person on water skis, aquaplane or similar contrivance, must be careful and prudent in their operation and keep at a reasonable distance from persons and property so as not to endanger the life or property of any person.
    D. No person may operate or manipulate any vessel, tow rope or other device by which the direction or location of water skis, aquaplane, or similar device may be affected or controlled in such a way as to cause the water skis, aquaplane, or similar device, or any persons thereon to collide with or strike against any person or object, except ski jumps, buoys and like objects normally used in competitive or recreational skiing.
    E. The operator of any watercraft that is towing a person or persons shall display on the watercraft a bright or brilliant orange flag measuring not less than 12 inches per side. The flag shall be displayed at the highest point of the area surrounding the boat's helm as to be visible from all directions, continuously, while the person or persons being towed depart the boat in preparation for towing and until reentry into the boat when the activity has ceased. Display of the flag for purposes other than the activity described in this Section is prohibited.
(Source: P.A. 98-697, eff. 1-1-15.)

Both of my daughters got their boat drivers licenses at 12 YOA. I had countless comments from when they would get into the family runabout and take their friends skiing or just riding around. .
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Post Options Post Options   Thanks (0) Thanks(0)   Quote john b Quote  Post ReplyReply Direct Link To This Post Posted: January-08-2015 at 1:27pm
If you want to bother reading it, here is the law on Boating Under the Influence:( 625 ILCS 45/5-16) Basically it is consistent with DUI procedures and processing requirements related to driving a car. I can give you my opinion on anything you may have a question about, but remember, I am not an attorney nor do I play one on this site.

    Sec. 5-16. Operating a watercraft under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or combination thereof.
    (A) 1. A person shall not operate or be in actual physical control of any watercraft within this State while:
            (a) The alcohol concentration in such person's blood or breath is a concentration at which driving a motor vehicle is prohibited under subdivision (1) of subsection (a) of Section 11-501 of the Illinois Vehicle Code;
            (b) Under the influence of alcohol;
            (c) Under the influence of any other drug or combination of drugs to a degree which renders such person incapable of safely operating any watercraft;
            (c-1) Under the influence of any intoxicating compound or combination of intoxicating compounds to a degree that renders the person incapable of safely operating any watercraft;
            (d) Under the combined influence of alcohol and any other drug or drugs to a degree which renders such person incapable of safely operating a watercraft; or
            (e) There is any amount of a drug, substance, or compound in the person's blood or urine resulting from the unlawful use or consumption of cannabis listed in the Cannabis Control Act, a controlled substance listed in the Illinois Controlled Substances Act, or an intoxicating compound listed in the Use of Intoxicating Compounds Act.
        2. The fact that any person charged with violating this Section is or has been legally entitled to use alcohol, other drug or drugs, any intoxicating compound or compounds, or any combination of them, shall not constitute a defense against any charge of violating this Section.
        3. Every person convicted of violating this Section shall be guilty of a Class A misdemeanor, except as otherwise provided in this Section.
        4. Every person convicted of violating this Section shall be guilty of a Class 4 felony if:
            (a) He has a previous conviction under this Section;
            (b) The offense results in personal injury where a person other than the operator suffers great bodily harm or permanent disability or disfigurement, when the violation was a proximate cause of the injuries. A person guilty of a Class 4 felony under this subparagraph (b), if sentenced to a term of imprisonment, shall be sentenced to a term of not less than one year nor more than 12 years; or
            (c) The offense occurred during a period in which his or her privileges to operate a watercraft are revoked or suspended, and the revocation or suspension was for a violation of this Section or was imposed under subsection (B).
        5. Every person convicted of violating this Section shall be guilty of a Class 2 felony if the offense results in the death of a person. A person guilty of a Class 2 felony under this paragraph 5, if sentenced to a term of imprisonment, shall be sentenced to a term of not less than 3 years and not more than 14 years.
        5.1. A person convicted of violating this Section or a similar provision of a local ordinance who had a child under the age of 16 aboard the watercraft at the time of offense is subject to a mandatory minimum fine of $500 and to a mandatory minimum of 5 days of community service in a program benefiting children. The assignment under this paragraph 5.1 is not subject to suspension and the person is not eligible for probation in order to reduce the assignment.
        5.2. A person found guilty of violating this Section, if his or her operation of a watercraft while in violation of this Section proximately caused any incident resulting in an appropriate emergency response, is liable for the expense of an emergency response as provided in subsection (m) of Section 11-501 of the Illinois Vehicle Code.
        5.3. In addition to any other penalties and liabilities, a person who is found guilty of violating this Section, including any person placed on court supervision, shall be fined $100, payable to the circuit clerk, who shall distribute the money to the law enforcement agency that made the arrest. In the event that more than one agency is responsible for the arrest, the $100 shall be shared equally. Any moneys received by a law enforcement agency under this paragraph 5.3 shall be used to purchase law enforcement equipment or to provide law enforcement training that will assist in the prevention of alcohol related criminal violence throughout the State. Law enforcement equipment shall include, but is not limited to, in-car video cameras, radar and laser speed detection devices, and alcohol breath testers.
        6. (a) In addition to any criminal penalties imposed, the Department of Natural Resources shall suspend the watercraft operation privileges of any person convicted or found guilty of a misdemeanor under this Section, a similar provision of a local ordinance, or Title 46 of the U.S. Code of Federal Regulations for a period of one year, except that a first time offender is exempt from this mandatory one year suspension.
            As used in this subdivision (A)6(a), "first time offender" means any person who has not had a previous conviction or been assigned supervision for violating this Section, a similar provision of a local ordinance or, Title 46 of the U.S. Code of Federal Regulations, or any person who has not had a suspension imposed under subdivision (B)3.1 of Section 5-16.
            (b) In addition to any criminal penalties imposed, the Department of Natural Resources shall suspend the watercraft operation privileges of any person convicted of a felony under this Section, a similar provision of a local ordinance, or Title 46 of the U.S. Code of Federal Regulations for a period of 3 years.
    (B) 1. Any person who operates or is in actual physical control of any watercraft upon the waters of this State shall be deemed to have given consent to a chemical test or tests of blood, breath or urine for the purpose of determining the content of alcohol, other drug or drugs, intoxicating compound or compounds, or combination thereof in the person's blood if arrested for any offense of subsection (A) above. The chemical test or tests shall be administered at the direction of the arresting officer. The law enforcement agency employing the officer shall designate which of the tests shall be administered. A urine test may be administered even after a blood or breath test or both has been administered.
        1.1. For the purposes of this Section, an Illinois Law Enforcement officer of this State who is investigating the person for any offense defined in Section 5-16 may travel into an adjoining state, where the person has been transported for medical care to complete an investigation, and may request that the person submit to the test or tests set forth in this Section. The requirements of this Section that the person be arrested are inapplicable, but the officer shall issue the person a uniform citation for an offense as defined in Section 5-16 or a similar provision of a local ordinance prior to requesting that the person submit to the test or tests. The issuance of the uniform citation shall not constitute an arrest, but shall be for the purpose of notifying the person that he or she is subject to the provisions of this Section and of the officer's belief in the existence of probable cause to arrest. Upon returning to this State, the officer shall file the uniform citation with the circuit clerk of the county where the offense was committed and shall seek the issuance of an arrest warrant or a summons for the person.
        1.2. Notwithstanding any ability to refuse under this Act to submit to these tests or any ability to revoke the implied consent to these tests, if a law enforcement officer has probable cause to believe that a watercraft operated by or under actual physical control of a person under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination of them has caused the death of or personal injury to another, that person shall submit, upon the request of a law enforcement officer, to a chemical test or tests of his or her blood, breath, or urine for the purpose of determining the alcohol content or the presence of any other drug, intoxicating compound, or combination of them. For the purposes of this Section, a personal injury includes severe bleeding wounds, distorted extremities, and injuries that require the injured party to be carried from the scene for immediate professional attention in either a doctor's office or a medical facility.
        2. Any person who is dead, unconscious or who is otherwise in a condition rendering such person incapable of refusal, shall be deemed not to have withdrawn the consent provided above, and the test may be administered.
        3. A person requested to submit to a chemical test as provided above shall be verbally advised by the law enforcement officer requesting the test that a refusal to submit to the test will result in suspension of such person's privilege to operate a watercraft for a minimum of 2 years. Following this warning, if a person under arrest refuses upon the request of a law enforcement officer to submit to a test designated by the officer, no test shall be given, but the law enforcement officer shall file with the clerk of the circuit court for the county in which the arrest was made, and with the Department of Natural Resources, a sworn statement naming the person refusing to take and complete the chemical test or tests requested under the provisions of this Section. Such sworn statement shall identify the arrested person, such person's current residence address and shall specify that a refusal by such person to take the chemical test or tests was made. Such sworn statement shall include a statement that the arresting officer had reasonable cause to believe the person was operating or was in actual physical control of the watercraft within this State while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or combination thereof and that such chemical test or tests were made as an incident to and following the lawful arrest for an offense as defined in this Section or a similar provision of a local ordinance, and that the person after being arrested for an offense arising out of acts alleged to have been committed while so operating a watercraft refused to submit to and complete a chemical test or tests as requested by the law enforcement officer.
        3.1. The law enforcement officer submitting the sworn statement as provided in paragraph 3 of this subsection (B) shall serve immediate written notice upon the person refusing the chemical test or tests that the person's privilege to operate a watercraft within this State will be suspended for a period of 2 years unless, within 28 days from the date of the notice, the person requests in writing a hearing on the suspension.
        If the person desires a hearing, such person shall file a complaint in the circuit court for and in the county in which such person was arrested for such hearing. Such hearing shall proceed in the court in the same manner as other civil proceedings, shall cover only the issues of whether the person was placed under arrest for an offense as defined in this Section or a similar provision of a local ordinance as evidenced by the issuance of a uniform citation; whether the arresting officer had reasonable grounds to believe that such person was operating a watercraft while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or combination thereof; and whether such person refused to submit and complete the chemical test or tests upon the request of the law enforcement officer. Whether the person was informed that such person's privilege to operate a watercraft would be suspended if such person refused to submit to the chemical test or tests shall not be an issue.
        If the person fails to request in writing a hearing within 28 days from the date of notice, or if a hearing is held and the court finds against the person on the issues before the court, the clerk shall immediately notify the Department of Natural Resources, and the Department shall suspend the watercraft operation privileges of the person for at least 2 years.
        3.2. If the person submits to a test that discloses an alcohol concentration of 0.08 or more, or any amount of a drug, substance or intoxicating compound in the person's breath, blood, or urine resulting from the unlawful use of cannabis listed in the Cannabis Control Act, a controlled substance listed in the Illinois Controlled Substances Act, or an intoxicating compound listed in the Use of Intoxicating Compounds Act, the law enforcement officer shall immediately submit a sworn report to the circuit clerk of venue and the Department of Natural Resources, certifying that the test or tests were requested under paragraph 1 of this subsection (B) and the person submitted to testing that disclosed an alcohol concentration of 0.08 or more.
        In cases where the blood alcohol concentration of 0.08 or greater or any amount of drug, substance or compound resulting from the unlawful use of cannabis, a controlled substance or an intoxicating compound is established by a subsequent analysis of blood or urine collected at the time of arrest, the arresting officer or arresting agency shall immediately submit a sworn report to the circuit clerk of venue and the Department of Natural Resources upon receipt of the test results.
        4. A person must submit to each chemical test offered by the law enforcement officer in order to comply with the implied consent provisions of this Section.
        5. The provisions of Section 11-501.2 of the Illinois Vehicle Code, as amended, concerning the certification and use of chemical tests apply to the use of such tests under this Section.
    (C) Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person while operating a watercraft while under the influence of alcohol, the concentration of alcohol in the person's blood or breath at the time alleged as shown by analysis of a person's blood, urine, breath, or other bodily substance shall give rise to the presumptions specified in subdivisions 1, 2, and 3 of subsection (b) of Section 11-501.2 of the Illinois Vehicle Code. The foregoing provisions of this subsection (C) shall not be construed as limiting the introduction of any other relevant evidence bearing upon the question whether the person was under the influence of alcohol.
    (D) If a person under arrest refuses to submit to a chemical test under the provisions of this Section, evidence of refusal shall be admissible in any civil or criminal action or proceeding arising out of acts alleged to have been committed while the person under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or combination of them was operating a watercraft.
    (E) The owner of any watercraft or any person given supervisory authority over a watercraft, may not knowingly permit a watercraft to be operated by any person under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or combination thereof.
    (F) Whenever any person is convicted or found guilty of a violation of this Section, including any person placed on court supervision, the court shall notify the Office of Law Enforcement of the Department of Natural Resources, to provide the Department with the records essential for the performance of the Department's duties to monitor and enforce any order of suspension or revocation concerning the privilege to operate a watercraft.
    (G) No person who has been arrested and charged for violating paragraph 1 of subsection (A) of this Section shall operate any watercraft within this State for a period of 24 hours after such arrest.
(Source: P.A. 94-214, eff. 1-1-06; 95-149, eff. 8-14-07.)
(625 ILCS 45/5-16a) (from Ch. 95 1/2, par. 315-11a)
    Sec. 5-16a. Admissibility of chemical tests of blood or urine conducted in the regular course of providing emergency medical treatment.
    (a) Notwithstanding any other provision of law, the written results of blood or urine alcohol tests conducted upon persons receiving medical treatment in a hospital emergency room are admissible in evidence as a business record exception to the hearsay rule only in prosecutions for any violation of Section 5-16 of this Act or a similar provision of a local ordinance or in prosecutions for reckless homicide brought under the Criminal Code of 1961 or the Criminal Code of 2012, when:
        (1) the chemical tests performed upon an individual's
         
blood or urine were ordered in the regular course of providing emergency treatment and not at the request of law enforcement authorities; and
        (2) the chemical tests performed upon an individual's
         
blood or urine were performed by the laboratory routinely used by the hospital.
    Results of chemical tests performed upon an individual's blood or urine are admissible into evidence regardless of the time that the records were prepared.
    (b) The confidentiality provisions of law pertaining to medical records and medical treatment shall not be applicable with regard to chemical tests performed upon an individual's blood or urine under the provisions of this Section in prosecutions as specified in subsection (a) of this Section. No person shall be liable for civil damages as a result of the evidentiary use of the results of chemical testing of an individual's blood or urine under this Section or as a result of that person's testimony made available under this Section.
(Source: P.A. 96-289, eff. 8-11-09; 97-1150, eff. 1-25-13.)

    (625 ILCS 45/5-16a.1)
    Sec. 5-16a.1. Reporting of test results of blood or urine conducted in the regular course of providing emergency medical treatment.
    (a) Notwithstanding any other provision of law, the results of blood or urine tests performed for the purpose of determining the content of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination of them in an individual's blood or urine, conducted upon persons receiving medical treatment in a hospital emergency room for injuries resulting from a boating accident, shall be disclosed to the Department of Natural Resources or local law enforcement agencies of jurisdiction, upon request. The blood or urine tests are admissible in evidence as a business record exception to the hearsay rule only in prosecutions for violations of Section 5-16 of this Code or a similar provision of a local ordinance, or in prosecutions for reckless homicide brought under the Criminal Code of 1961 or the Criminal Code of 2012.
    (b) The confidentiality provisions of the law pertaining to medical records and medical treatment shall not be applicable with regard to tests performed upon an individual's blood or urine under the provisions of subsection (a) of this Section. No person is liable for civil damages or professional discipline as a result of disclosure or reporting of the tests or the evidentiary use of an individual's blood or urine test results under this Section or Section 5-16a, or as a result of that person's testimony made available under this Section or Section 5-16a, except for willful or wanton misconduct.
(Source: P.A. 97-1150, eff. 1-25-13.)

    (625 ILCS 45/5-16b) (from Ch. 95 1/2, par. 315-11b)
    Sec. 5-16b. Preliminary breath screening test. If a law enforcement officer has reasonable suspicion to believe that a person is violating or has violated Section 5-16 or a similar provision of a local ordinance, the officer, prior to an arrest, may request the person to provide a sample of his or her breath for a preliminary breath screening test using a portable device approved by the Department of State Police. The results of this preliminary breath screening test may be used by the law enforcement officer for the purpose of assisting with the determination of whether to require a chemical test as authorized under Section 5-16 and the appropriate type of test to request. Any chemical test authorized under Section 5-16 may be requested by the officer regardless of the result of the preliminary breath screening test if probable cause for an arrest exists. The result of a preliminary breath screening test may be used by the defendant as evidence in any administrative or court proceeding involving a violation of Section 5-16.
(Source: P.A. 90-215, eff. 1-1-98; 91-828, eff. 1-1-01.)

    (625 ILCS 45/5-16c)
    Sec. 5-16c. Operator involvement in personal injury or fatal boating accident; chemical tests.
    (a) Any person who operates or is in actual physical control of a motorboat within this State and who has been involved in a personal injury or fatal boating accident shall be deemed to have given consent to a breath test using a portable device as approved by the Department of State Police or to a chemical test or tests of blood, breath, or urine for the purpose of determining the content of alcohol, other drug or drugs, or intoxicating compound or compounds of the person's blood if arrested as evidenced by the issuance of a uniform citation for a violation of the Boat Registration and Safety Act or a similar provision of a local ordinance, with the exception of equipment violations contained in Article IV of this Act or similar provisions of local ordinances. The test or tests shall be administered at the direction of the arresting officer. The law enforcement agency employing the officer shall designate which of the aforesaid tests shall be administered. A urine test may be administered even after a blood or breath test or both has been administered. Compliance with this Section does not relieve the person from the requirements of any other Section of this Act.
    (b) Any person who is dead, unconscious, or who is otherwise in a condition rendering that person incapable of refusal shall be deemed not to have withdrawn the consent provided by subsection (a) of this Section. In addition, if an operator of a motorboat is receiving medical treatment as a result of a boating accident, any physician licensed to practice medicine, licensed physician assistant, licensed advanced practice nurse, registered nurse, or a phlebotomist acting under the direction of a licensed physician shall withdraw blood for testing purposes to ascertain the presence of alcohol, other drug or drugs, or intoxicating compound or compounds, upon the specific request of a law enforcement officer. However, this testing shall not be performed until, in the opinion of the medical personnel on scene, the withdrawal can be made without interfering with or endangering the well-being of the patient.
    (c) A person requested to submit to a test under subsection (a) of this Section shall be warned by the law enforcement officer requesting the test that a refusal to submit to the test, or submission to the test resulting in an alcohol concentration of 0.08 or more, or any amount of a drug, substance, or intoxicating compound resulting from the unlawful use or consumption of cannabis listed in the Cannabis Control Act, a controlled substance listed in the Illinois Controlled Substances Act, an intoxicating compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act as detected in the person's blood or urine, may result in the suspension of the person's privilege to operate a motor vehicle and may result in the disqualification of the person's privilege to operate a commercial motor vehicle, as provided in Section 6-514 of the Illinois Vehicle Code, if the person is a CDL holder. The length of the suspension shall be the same as outlined in Section 6-208.1 of the Illinois Vehicle Code regarding statutory summary suspensions.
    (d) If the person refuses testing or submits to a test which discloses an alcohol concentration of 0.08 or more, or any amount of a drug, substance, or intoxicating compound in the person's blood or urine resulting from the unlawful use or consumption of cannabis listed in the Cannabis Control Act, a controlled substance listed in the Illinois Controlled Substances Act, an intoxicating compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act, the law enforcement officer shall immediately submit a sworn report to the Secretary of State on a form prescribed by the Secretary of State, certifying that the test or tests were requested under subsection (a) of this Section and the person refused to submit to a test or tests or submitted to testing which disclosed an alcohol concentration of 0.08 or more, or any amount of a drug, substance, or intoxicating compound in the person's blood or urine, resulting from the unlawful use or consumption of cannabis listed in the Cannabis Control Act, a controlled substance listed in the Illinois Controlled Substances Act, an intoxicating compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act.
    Upon receipt of the sworn report of a law enforcement officer, the Secretary of State shall enter the suspension and disqualification to the person's driving record and the suspension and disqualification shall be effective on the 46th day following the date notice of the suspension was given to the person.
    The law enforcement officer submitting the sworn report shall serve immediate notice of this suspension on the person and this suspension and disqualification shall be effective on the 46th day following the date notice was given.
    In cases where the blood alcohol concentration of 0.08 or more, or any amount of a drug, substance, or intoxicating compound resulting from the unlawful use or consumption of cannabis listed in the Cannabis Control Act, a controlled substance listed in the Illinois Controlled Substances Act, an intoxicating compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act, is established by a subsequent analysis of blood or urine collected at the time of arrest, the arresting officer shall give notice as provided in this Section or by deposit in the United States mail of this notice in an envelope with postage prepaid and addressed to the person at his or her address as shown on the uniform citation and the suspension and disqualification shall be effective on the 46th day following the date notice was given.
    Upon receipt of the sworn report of a law enforcement officer, the Secretary of State shall also give notice of the suspension and disqualification to the person by mailing a notice of the effective date of the suspension and disqualification to the person. However, should the sworn report be defective by not containing sufficient information or be completed in error, the notice of the suspension and disqualification shall not be mailed to the person or entered to the driving record, but rather the sworn report shall be returned to the issuing law enforcement agency.
    (e) A person may contest this suspension of his or her driving privileges and disqualification of his or her CDL privileges by requesting an administrative hearing with the Secretary of State in accordance with Section 2-118 of the Illinois Vehicle Code. At the conclusion of a hearing held under Section 2-118 of the Illinois Vehicle Code, the Secretary of State may rescind, continue, or modify the orders of suspension and disqualification. If the Secretary of State does not rescind the orders of suspension and disqualification, a restricted driving permit may be granted by the Secretary of State upon application being made and good cause shown. A restricted driving permit may be granted to relieve undue hardship to allow driving for employment, educational, and medical purposes as outlined in Section 6-206 of the Illinois Vehicle Code. The provisions of Section 6-206 of the Illinois Vehicle Code shall apply. In accordance with 49 C.F.R. 384, the Secretary of State may not issue a restricted driving permit for the operation of a commercial motor vehicle to a person holding a CDL whose driving privileges have been suspended, revoked, cancelled, or disqualified.
    (f) For the purposes of this Section, a personal injury shall include any type A injury as indicated on the accident report completed by a law enforcement officer that requires immediate professional attention in a doctor's office or a medical facility. A type A injury shall include severely bleeding wounds, distorted extremities, and injuries that require the injured party to be carried from the scene.
(Source: P.A. 98-103, eff. 1-1-14.)
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Post Options Post Options   Thanks (0) Thanks(0)   Quote 8122pbrainard Quote  Post ReplyReply Direct Link To This Post Posted: January-08-2015 at 1:30pm
Originally posted by john b john b wrote:

Both of my daughters got their boat drivers licenses at 12 YOA. I had countless comments from when they would get into the family runabout and take their friends skiing or just riding around. .
John,
I would and still do get countless comments directed to ME from my kids whether I'm driving a boat or car and they are in their late 20"s!!

BTW, both went through boating classes.


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Post Options Post Options   Thanks (0) Thanks(0)   Quote 74Wind Quote  Post ReplyReply Direct Link To This Post Posted: January-08-2015 at 2:33pm
I'd done research and learned the certificate I got in 1973 actually qualifies for the new York p w c adult operators law. Not that it really matters, I ride a friends for about a half hour once a year then bring it back in, oddly enough I find it kinda boring.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Gary S Quote  Post ReplyReply Direct Link To This Post Posted: January-08-2015 at 2:40pm
Bottom line is if you do your boating in the McHenry county side of the chain and as long as you buy your sticker,your good to go I'm sure everyone here in illinois knows what happened to cause this law but here it is for the rest of you - a tragic accident happened in the chain of lakes here where a young boy lost his life as a result of another boater running him over after he fell off a tube. The person that ran him over had coke in his system and was found guilty. Does not matter much to me,I'll get a flag but do they really think an impaired driver will see a flag anyway?
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Post Options Post Options   Thanks (0) Thanks(0)   Quote john b Quote  Post ReplyReply Direct Link To This Post Posted: January-08-2015 at 2:46pm
I see no "grandfather" exceptions to the requirement that an operator born after 01/01/98 have a Boating Safety Certificate (BSS). This law does not take effect until 01/01/16. The exceptions are listed in (625 ILCS 45/5-18 / 5-18 (i) The act also prescribes that persons 10 years old can operate a motorboat 10hp or less with a BSS. The 12 year old rule still applies to operators that hold a BSS. The law also prohibits a boat owner from allowing an unqualified person to operate their boat.

(625 ILCS 45/5-18) (from Ch. 95 1/2, par. 315-13)
    Sec. 5-18. (a) Beginning on January 1, 2016, no person born on or after January 1, 1998, unless exempted by subsection (i), shall operate a motorboat with over 10 horse power unless that person has a valid Boating Safety Certificate issued by the Department of Natural Resources or an entity or organization recognized and approved by the Department. I particularly like the (i)(7) exemption.

Section (i) exemptions
        (1) a person who possesses a valid United States Coast Guard commercial vessel operator's license or a marine certificate issued by the Canadian government;
        (2) a person employed by the United States, this State, another state, or a subdivision thereof while in performance of his or her official duties;
        (3) a person who is not a resident, is temporarily using the waters of this State for a period not to exceed 90 days, and meets any applicable boating safety education requirements of his or her state of residency or possesses a Canadian Pleasure Craft Operator's Card;
        (4) a person who is a resident of this State who has met the applicable boating safety education requirements of another state or possesses a Canadian Pleasure Craft Operator's Card;
        (5) a person who has assumed operation of the motorboat due to the illness or physical impairment of the operator, and is returning the motorboat or personal watercraft to shore in order to provide assistance or care for that operator;
        (6) a person who is registered as a commercial fisherman or a person who is under the onboard direct supervision of the commercial fisherman while operating the commercial fisherman's vessel;
        (7) a person who is serving or has qualified as a surface warfare officer or enlisted surface warfare specialist in the United States Navy;
        (8) a person who has assumed operation of the motorboat for the purpose of completing a watercraft safety course approved by the Department, the U.S. Coast Guard, or the National Association of State Boating Law Administrators;
        (9) a person using only an electric motor to propel the motorboat;
        (10) a person operating a motorboat on private property; or
        (11) a person over the age of 12 years who holds a valid certificate issued by another state, a province of the Dominion of Canada, the United States Coast Guard Auxiliary or the United States Power Squadron need not obtain a certificate from the Department if the course content of the program in such other state, province or organization substantially meets that established by the Department under this Section. A certificate issued by the Department or by another state, province of the Dominion of Canada or approved organization shall not constitute an operator's license, but shall certify only that the student has successfully passed a course in boating safety instruction.

Complete statute:(625 ILCS 45/5-18) (from Ch. 95 1/2, par. 315-13)
    Sec. 5-18. (a)
Beginning on January 1, 2016, no person born on or after January 1, 1998, unless exempted by subsection (i), shall operate a motorboat with over 10 horse power unless that person has a valid Boating Safety Certificate issued by the Department of Natural Resources or an entity or organization recognized and approved by the Department.
    (b) No person under 10 years of age may operate a motorboat.
    (c) Prior to January 1, 2016, persons at least 10 years of age and less than 12 years of age may operate a motorboat with over 10 horse power only if they are accompanied on the motorboat and under the direct control of a parent or guardian or a person at least 18 years of age designated by a parent or guardian. Beginning on January 1, 2016, persons at least 10 years of age and less than 12 years of age may operate a motorboat with over 10 horse power only if the person is under the direct on-board supervision of a parent or guardian who meets the requirements of subsection (a) or a person at least 18 years of age who meets the requirements of subsection (a) and is designated by a parent or guardian.
    (d) Prior to January 1, 2016, persons at least 12 years of age and less than 18 years of age may operate a motorboat with over 10 horse power only if they are accompanied on the motorboat and under the direct control of a parent or guardian or a person at least 18 years of age designated by a parent or guardian, or the motorboat operator is in possession of a Boating Safety Certificate issued by the Department of Natural Resources, Division of Law Enforcement, authorizing the holder to operate motorboats. Beginning on January 1, 2016, persons at least 12 years and less than 18 years of age may operate a motorboat with over 10 horse power only if the person meets the requirements of subsection (a) or is under the direct on-board supervision of a parent or guardian who meets the requirements of subsection (a) or a person at least 18 years of age who meets the requirements of subsection (a) and is designated by a parent or guardian.
    (e) Beginning January 1, 2016, the owner of a motorboat or a person given supervisory authority over a motorboat shall not permit a motorboat with over 10 horse power to be operated by a person who does not meet the Boating Safety Certificate requirements of this Section.
    (f) Licensed boat liveries shall offer abbreviated operating and safety instruction covering core boat safety rules to all renters, unless the renter can demonstrate compliance with the Illinois Boating Safety Certificate requirements of this Section, or is exempt under subsection (i) of this Section. A person who completes abbreviated operating and safety instruction may operate a motorboat rented from the livery providing the abbreviated operating and safety instruction without having a Boating Safety Certificate for up to one year from the date of instruction. The Department shall adopt rules to implement this subsection.
    (g) Violations.
        (1) A person who is operating a motorboat with over 10 horse power and is required to have a valid Boating Safety Certificate under the provisions of this Section shall present the certificate to a law enforcement officer upon request. Failure of the person to present the certificate upon request is a petty offense.
        (2) A person who provides false or fictitious information in an application for a Boating Safety Certificate; or who alters, forges, counterfeits, or falsifies a Boating Safety Certificate; or who possesses a Boating Safety Certificate that has been altered, forged, counterfeited, or falsified is guilty of a Class A misdemeanor.
        (3) A person who loans or permits their Boating Safety Certificate to be used by another person; or who operates a motorboat with over 10 horse power using a Boating Safety Certificate that has not been issued to that person is guilty of a Class A misdemeanor.
        (4) Violations of this Section done with the knowledge of a parent or guardian shall be deemed a violation by the parent or guardian and punishable under Section 11A-1.
    (h) The Department of Natural Resources shall establish a program of instruction on boating safety, laws, regulations and administrative laws, and any other subject matter which might be related to the subject of general boat safety. The program shall be conducted by instructors certified by the Department of Natural Resources. The course of instruction for persons certified to teach boating safety shall be not less than 8 hours in length, and the Department shall have the authority to revoke the certification of any instructor who has demonstrated his inability to conduct courses on the subject matter. The Department of Natural Resources shall develop and provide a method for students to complete the program online. Students satisfactorily completing a program of not less than 8 hours in length shall receive a certificate of safety from the Department of Natural Resources. The Department may cooperate with schools, online vendors, private clubs and other organizations in offering boating safety courses throughout the State of Illinois.
    The Department shall issue certificates of boating safety to persons 10 years of age or older successfully completing the prescribed course of instruction and passing such tests as may be prescribed by the Department. The Department may charge each person who enrolls in a course of instruction a fee not to exceed $5. If a fee is authorized by the Department, the Department shall authorize instructors conducting such courses meeting standards established by it to charge for the rental of facilities or for the cost of materials utilized in the course. Fees retained by the Department shall be utilized to defray a part of its expenses to operate the safety and accident reporting programs of the Department.
    (i) A Boating Safety Certificate is not required by:
        (1) a person who possesses a valid United States Coast Guard commercial vessel operator's license or a marine certificate issued by the Canadian government;
        (2) a person employed by the United States, this State, another state, or a subdivision thereof while in performance of his or her official duties;
        (3) a person who is not a resident, is temporarily using the waters of this State for a period not to exceed 90 days, and meets any applicable boating safety education requirements of his or her state of residency or possesses a Canadian Pleasure Craft Operator's Card;
        (4) a person who is a resident of this State who has met the applicable boating safety education requirements of another state or possesses a Canadian Pleasure Craft Operator's Card;
        (5) a person who has assumed operation of the motorboat due to the illness or physical impairment of the operator, and is returning the motorboat or personal watercraft to shore in order to provide assistance or care for that operator;
        (6) a person who is registered as a commercial fisherman or a person who is under the onboard direct supervision of the commercial fisherman while operating the commercial fisherman's vessel;
        (7) a person who is serving or has qualified as a surface warfare officer or enlisted surface warfare specialist in the United States Navy;
        (8) a person who has assumed operation of the motorboat for the purpose of completing a watercraft safety course approved by the Department, the U.S. Coast Guard, or the National Association of State Boating Law Administrators;
        (9) a person using only an electric motor to propel the motorboat;
        (10) a person operating a motorboat on private property; or
        (11) a person over the age of 12 years who holds a valid certificate issued by another state, a province of the Dominion of Canada, the United States Coast Guard Auxiliary or the United States Power Squadron need not obtain a certificate from the Department if the course content of the program in such other state, province or organization substantially meets that established by the Department under this Section. A certificate issued by the Department or by another state, province of the Dominion of Canada or approved organization shall not constitute an operator's license, but shall certify only that the student has successfully passed a course in boating safety instruction.
    (j) The Department of Natural Resources shall adopt rules necessary to implement this Section. The Department of Natural Resources shall consult and coordinate with the boating public, professional organizations for recreational boating safety, and the boating retail, leasing, and dealer business community in the adoption of these rules.
(Source: P.A. 98-698, eff. 1-1-15.)
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Post Options Post Options   Thanks (0) Thanks(0)   Quote john b Quote  Post ReplyReply Direct Link To This Post Posted: January-08-2015 at 3:14pm
It has been a while since I had to participate, but I just realized that I miss all of the legislative / case law update training and classes that usually begin in about October of each year to stay current on legal issues. Retirement is a good compromise though.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Kristof Quote  Post ReplyReply Direct Link To This Post Posted: January-08-2015 at 3:22pm
In Belgium we have new laws as per january 1st 2015:

1. Every boater needs to pass a theoretical and practical exam in order to get his boating license (untill now, you only had to pass a theoretical exam and have an experienced boater vouch for you that he gave you 12 hours of practical training).

2. Alcohol is forbidden if you want to ski behind a boat, wind surf, kite surf or any other watersports on public waters (yes even swimming). One beer is already too much.


The Belgian watersports federation asked me if I'm intrested in giving boating lessons (lucrative I might say, because the standard fee is 125 euro (148 $) an hour, 100 euro for me and 25 euro for the federation) in order to help candidates get their license.

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Post Options Post Options   Thanks (0) Thanks(0)   Quote quinner Quote  Post ReplyReply Direct Link To This Post Posted: January-08-2015 at 3:26pm
Maybe Grandfathered was the wrong term, I thought anyone who previously qualified was exempt however as I read it now it looks like anyone 18 and older when the law takes affect in 2016 is exempt, kids born in 98 or 99, despite being legally able to operate a boat with just a drivers license for the prior 1 or 2 years, will then be required to obtain a boating certificate to continue to operate legally.

My Maddie is a 99', not that it matters since she already took the course online.

John, briefed through the BUI sections and must have missed anything related to having your vessel seized if the operator is under the influence, did you see anything related to Seizure??
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Gary S Quote  Post ReplyReply Direct Link To This Post Posted: January-08-2015 at 3:40pm
See anything wrong in the first picture? The second pic is the sheriff
patrol who just passed without even acknowledging them. Whats the point
if the laws you pass are not enforced?? Pic's were taken at 912pm & 915



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Post Options Post Options   Thanks (0) Thanks(0)   Quote john b Quote  Post ReplyReply Direct Link To This Post Posted: January-08-2015 at 4:18pm
Chris, It falls under 720 ILCS 5/art. 36 Seizure and Forfeiture of Vessels, Vehicles, and Aircraft. I quickly scanned it and I don't recognize anything of substance new in it, however it would take me a while to read every provision. A rule of thumb would be if it is used in a forcible felony or a felony involving drugs or DUI it is subject to forfeiture. It is somewhat involved and I haven't had search and seizure training since I retired.
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If you want to read it, here it is. If you have a specific question I will try to answer it to the best of my ability.

(720 ILCS 5/Art. 36 heading)
ARTICLE 36. SEIZURE AND FORFEITURE
OF VESSELS, VEHICLES AND AIRCRAFT

    (720 ILCS 5/36-1) (from Ch. 38, par. 36-1)
    (Text of Section from P.A. 98-699)
    Sec. 36-1. Seizure. Any vessel or watercraft, vehicle or aircraft used with the knowledge and consent of the owner in the commission of, or in the attempt to commit as defined in Section 8-4 of this Code, an offense prohibited by (a) Section 9-1, 9-3, 10-2, 11-1.20, 11-1.30, 11-1.40, 11-6, 11-14.4 except for keeping a place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.6, 12-7.3, 12-7.4, 12-13, 12-14, 16-1 if the theft is of precious metal or of scrap metal, 18-2, 19-1, 19-2, 19-3, 20-1, 20-2, 24-1.2, 24-1.2-5, 24-1.5, 28-1, or 29D-15.2 of this Code, subdivision (a)(1), (a)(2), (a)(4), (b)(1), (e)(1), (e)(2), (e)(3), (e)(4), (e)(5), (e)(6), or (e)(7) of Section 12-3.05, paragraph (a) of Section 12-4 of this Code, paragraph (a) of Section 11-1.50, paragraph (a) of Section 12-15, paragraph (a), (c), or (d) of Section 11-1.60, or paragraphs (a), (c) or (d) of Section 12-16 of this Code, or paragraph (a)(6) or (a)(7) of Section 24-1 of this Code; (b) Section 21, 22, 23, 24 or 26 of the Cigarette Tax Act if the vessel or watercraft, vehicle or aircraft contains more than 10 cartons of such cigarettes; (c) Section 28, 29 or 30 of the Cigarette Use Tax Act if the vessel or watercraft, vehicle or aircraft contains more than 10 cartons of such cigarettes; (d) Section 44 of the Environmental Protection Act; (e) 11-204.1 of the Illinois Vehicle Code; (f) (1) driving under the influence of alcohol or other drug or drugs, intoxicating compound or compounds or any combination thereof under Section 11-501 of the Illinois Vehicle Code during a period in which his or her driving privileges are revoked or suspended where the revocation or suspension was for driving under the influence of alcohol or other drug or drugs, intoxicating compound or compounds or any combination thereof, Section 11-501.1, paragraph (b) of Section 11-401, or for reckless homicide as defined in Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012; (2) driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof and has been previously convicted of reckless homicide or a similar provision of a law of another state relating to reckless homicide in which the person was determined to have been under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds as an element of the offense or the person has previously been convicted of committing a violation of driving under the influence of alcohol or other drug or drugs, intoxicating compound or compounds or any combination thereof and was involved in a motor vehicle accident that resulted in death, great bodily harm, or permanent disability or disfigurement to another, when the violation was a proximate cause of the death or injuries; (3) the person committed a violation of driving under the influence of alcohol or other drug or drugs, intoxicating compound or compounds or any combination thereof under Section 11-501 of the Illinois Vehicle Code or a similar provision for the third or subsequent time; (4) the person committed the violation while he or she did not possess a driver's license or permit or a restricted driving permit or a judicial driving permit or a monitoring device driving permit; or (5) the person committed the violation while he or she knew or should have known that the vehicle he or she was driving was not covered by a liability insurance policy; (g) an offense described in subsection (g) of Section 6-303 of the Illinois Vehicle Code; (h) an offense described in subsection (e) of Section 6-101 of the Illinois Vehicle Code; or (i) (1) operating a watercraft under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or combination thereof under Section 5-16 of the Boat Registration and Safety Act during a period in which his or her privileges to operate a watercraft are revoked or suspended and the revocation or suspension was for operating a watercraft under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or combination thereof; (2) operating a watercraft under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or combination thereof and has been previously convicted of reckless homicide or a similar provision of a law in another state relating to reckless homicide in which the person was determined to have been under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or combination thereof as an element of the offense or the person has previously been convicted of committing a violation of operating a watercraft under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or combination thereof and was involved in an accident that resulted in death, great bodily harm, or permanent disability or disfigurement to another, when the violation was a proximate cause of the death or injuries; or (3) the person committed a violation of operating a watercraft under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or combination thereof under Section 5-16 of the Boat Registration and Safety Act or a similar provision for the third or subsequent time; may be seized and delivered forthwith to the sheriff of the county of seizure.
    Within 15 days after such delivery the sheriff shall give notice of seizure to each person according to the following method: Upon each such person whose right, title or interest is of record in the office of the Secretary of State, the Secretary of Transportation, the Administrator of the Federal Aviation Agency, or any other Department of this State, or any other state of the United States if such vessel or watercraft, vehicle or aircraft is required to be so registered, as the case may be, by mailing a copy of the notice by certified mail to the address as given upon the records of the Secretary of State, the Department of Aeronautics, Department of Public Works and Buildings or any other Department of this State or the United States if such vessel or watercraft, vehicle or aircraft is required to be so registered. Within that 15 day period the sheriff shall also notify the State's Attorney of the county of seizure about the seizure.
    In addition, any mobile or portable equipment used in the commission of an act which is in violation of Section 7g of the Metropolitan Water Reclamation District Act shall be subject to seizure and forfeiture under the same procedures provided in this Article for the seizure and forfeiture of vessels or watercraft, vehicles and aircraft, and any such equipment shall be deemed a vessel or watercraft, vehicle or aircraft for purposes of this Article.
    When a person discharges a firearm at another individual from a vehicle with the knowledge and consent of the owner of the vehicle and with the intent to cause death or great bodily harm to that individual and as a result causes death or great bodily harm to that individual, the vehicle shall be subject to seizure and forfeiture under the same procedures provided in this Article for the seizure and forfeiture of vehicles used in violations of clauses (a), (b), (c), or (d) of this Section.
    If the spouse of the owner of a vehicle seized for an offense described in subsection (g) of Section 6-303 of the Illinois Vehicle Code, a violation of subdivision (d)(1)(A), (d)(1)(D), (d)(1)(G), (d)(1)(H), or (d)(1)(I) of Section 11-501 of the Illinois Vehicle Code, or Section 9-3 of this Code makes a showing that the seized vehicle is the only source of transportation and it is determined that the financial hardship to the family as a result of the seizure outweighs the benefit to the State from the seizure, the vehicle may be forfeited to the spouse or family member and the title to the vehicle shall be transferred to the spouse or family member who is properly licensed and who requires the use of the vehicle for employment or family transportation purposes. A written declaration of forfeiture of a vehicle under this Section shall be sufficient cause for the title to be transferred to the spouse or family member. The provisions of this paragraph shall apply only to one forfeiture per vehicle. If the vehicle is the subject of a subsequent forfeiture proceeding by virtue of a subsequent conviction of either spouse or the family member, the spouse or family member to whom the vehicle was forfeited under the first forfeiture proceeding may not utilize the provisions of this paragraph in another forfeiture proceeding. If the owner of the vehicle seized owns more than one vehicle, the procedure set out in this paragraph may be used for only one vehicle.
    Property declared contraband under Section 40 of the Illinois Streetgang Terrorism Omnibus Prevention Act may be seized and forfeited under this Article.
(Source: P.A. 97-333, eff. 8-12-11; 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-699, eff. 1-1-15.)

    (Text of Section from P.A. 98-1020)
    Sec. 36-1. Seizure.
    (a) Any vessel, vehicle, or aircraft may be seized and impounded by the law enforcement agency if the vessel, vehicle, or aircraft is used with the knowledge and consent of the owner in the commission of, or in the attempt to commit as defined in Section 8-4 of this Code, an offense prohibited by:
        (1) Section 9-1 (first degree murder), 9-3
         
(involuntary manslaughter and reckless homicide), 10-2 (aggravated kidnaping), 11-1.20 (criminal sexual assault), 11-1.30 (aggravated criminal sexual assault), 11-1.40 (predatory criminal sexual assault of a child), subsection (a) of Section 11-1.50 (criminal sexual abuse), subsection (a), (c), or (d) of Section 11-1.60 (aggravated criminal sexual abuse), Section 11-6 (indecent solicitation of a child), 11-14.4 (promoting juvenile prostitution except for keeping a place of juvenile prostitution), 11-20.1 (child REMOVEography), paragraph (a)(1), (a)(2), (a)(4), (b)(1), (b)(2), (e)(1), (e)(2), (e)(3), (e)(4), (e)(5), (e)(6), or (e)(7) of Section 12-3.05 (aggravated battery), 12-7.3 (stalking), 12-7.4 (aggravated stalking), 16-1 (theft if the theft is of precious metal or of scrap metal), subdivision (f)(2) or (f)(3) of Section 16-25 (retail theft), Section 18-2 (armed robbery), 19-1 (burglary), 19-2 (possession of burglary tools), 19-3 (residential burglary), 20-1 (arson; residential arson; place of worship arson), 20-2 (possession of explosives or explosive or incendiary devices), subdivision (a)(6) or (a)(7) of Section 24-1 (unlawful use of weapons), Section 24-1.2 (aggravated discharge of a firearm), 24-1.2-5 (aggravated discharge of a machine gun or a firearm equipped with a device designed or used for silencing the report of a firearm), 24-1.5 (reckless discharge of a firearm), 28-1 (gambling), or 29D-15.2 (possession of a deadly substance) of this Code;
        (2) Section 21, 22, 23, 24 or 26 of the Cigarette Tax
         
Act if the vessel, vehicle, or aircraft contains more than 10 cartons of such cigarettes;
        (3) Section 28, 29, or 30 of the Cigarette Use Tax
         
Act if the vessel, vehicle, or aircraft contains more than 10 cartons of such cigarettes;
        (4) Section 44 of the Environmental Protection Act;
        (5) Section 11-204.1 of the Illinois Vehicle Code
         
(aggravated fleeing or attempting to elude a peace officer);
        (6) Section 11-501 of the Illinois Vehicle Code
         
(driving while under the influence of alcohol or other drug or drugs, intoxicating compound or compounds or any combination thereof) or a similar provision of a local ordinance, and:
            (A) during a period in which his or her driving
             
privileges are revoked or suspended if the revocation or suspension was for:
               (i) Section 11-501 (driving under the
                 
influence of alcohol or other drug or drugs, intoxicating compound or compounds or any combination thereof),
               (ii) Section 11-501.1 (statutory summary
                 
suspension or revocation),
               (iii) paragraph (b) of Section 11-401 (motor
                 
vehicle accidents involving death or personal injuries), or
               (iv) reckless homicide as defined in Section
                 
9-3 of this Code;
            (B) has been previously convicted of reckless
             
homicide or a similar provision of a law of another state relating to reckless homicide in which the person was determined to have been under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds as an element of the offense or the person has previously been convicted of committing a violation of driving under the influence of alcohol or other drug or drugs, intoxicating compound or compounds or any combination thereof and was involved in a motor vehicle accident that resulted in death, great bodily harm, or permanent disability or disfigurement to another, when the violation was a proximate cause of the death or injuries;
            (C) the person committed a violation of driving
             
under the influence of alcohol or other drug or drugs, intoxicating compound or compounds or any combination thereof under Section 11-501 of the Illinois Vehicle Code or a similar provision for the third or subsequent time;
            (D) he or she did not possess a valid
             
driver's license or permit or a valid restricted driving permit or a valid judicial driving permit or a valid monitoring device driving permit; or
            (E) he or she knew or should have known that the
             
vehicle he or she was driving was not covered by a liability insurance policy;
        (7) an offense described in subsection (g) of Section
         
6-303 of the Illinois Vehicle Code; or
        (8) an offense described in subsection (e) of Section
         
6-101 of the Illinois Vehicle Code.
    (b) In addition, any mobile or portable equipment used in the commission of an act which is in violation of Section 7g of the Metropolitan Water Reclamation District Act shall be subject to seizure and forfeiture under the same procedures provided in this Article for the seizure and forfeiture of vessels, vehicles, and aircraft, and any such equipment shall be deemed a vessel, vehicle, or aircraft for purposes of this Article.
    (c) In addition, when a person discharges a firearm at another individual from a vehicle with the knowledge and consent of the owner of the vehicle and with the intent to cause death or great bodily harm to that individual and as a result causes death or great bodily harm to that individual, the vehicle shall be subject to seizure and forfeiture under the same procedures provided in this Article for the seizure and forfeiture of vehicles used in violations of clauses (1), (2), (3), or (4) of subsection (a) of this Section.
    (d) If the spouse of the owner of a vehicle seized for an offense described in subsection (g) of Section 6-303 of the Illinois Vehicle Code, a violation of subdivision (d)(1)(A), (d)(1)(D), (d)(1)(G), (d)(1)(H), or (d)(1)(I) of Section 11-501 of the Illinois Vehicle Code, or Section 9-3 of this Code makes a showing that the seized vehicle is the only source of transportation and it is determined that the financial hardship to the family as a result of the seizure outweighs the benefit to the State from the seizure, the vehicle may be forfeited to the spouse or family member and the title to the vehicle shall be transferred to the spouse or family member who is properly licensed and who requires the use of the vehicle for employment or family transportation purposes. A written declaration of forfeiture of a vehicle under this Section shall be sufficient cause for the title to be transferred to the spouse or family member. The provisions of this paragraph shall apply only to one forfeiture per vehicle. If the vehicle is the subject of a subsequent forfeiture proceeding by virtue of a subsequent conviction of either spouse or the family member, the spouse or family member to whom the vehicle was forfeited under the first forfeiture proceeding may not utilize the provisions of this paragraph in another forfeiture proceeding. If the owner of the vehicle seized owns more than one vehicle, the procedure set out in this paragraph may be used for only one vehicle.
    (e) In addition, property declared contraband under Section 40 of the Illinois Streetgang Terrorism Omnibus Prevention Act may be seized and forfeited under this Article.
(Source: P.A. 97-333, eff. 8-12-11; 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-1020, eff. 8-22-14.)
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If everyone else is doing it, you're too late!

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Post Options Post Options   Thanks (0) Thanks(0)   Quote john b Quote  Post ReplyReply Direct Link To This Post Posted: January-08-2015 at 4:26pm
Kristof, you are very lucky if you have laws that are universal throughout Belgium concerning matters like these. The laws I posted are for Illinois, there are 49 other states all with different laws related to, well, pretty much everything. Some citizens here don't like the Federal Government imposing laws on the people and think it should be entirely up to the states. It makes for a confusing soup of laws that change from state to state, but that's how we do it here in the good old USofA.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Gary S Quote  Post ReplyReply Direct Link To This Post Posted: January-08-2015 at 4:50pm
I decided to read my cellular contract instead
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Post Options Post Options   Thanks (0) Thanks(0)   Quote john b Quote  Post ReplyReply Direct Link To This Post Posted: January-08-2015 at 5:20pm
Originally posted by Gary S Gary S wrote:

I decided to read my cellular contract instead

Good choice
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Kristof Quote  Post ReplyReply Direct Link To This Post Posted: January-08-2015 at 6:24pm
Originally posted by Gary S Gary S wrote:

I decided to read my cellular contract instead




When I saw that post I thought something similar...
- Gun control means: using BOTH hands!
- Money doesn't make one happy, but when it rains cats and dogs, it's still better to cry in a Porsche than on a bicycle...

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Post Options Post Options   Thanks (0) Thanks(0)   Quote Kristof Quote  Post ReplyReply Direct Link To This Post Posted: January-08-2015 at 6:28pm
Originally posted by john b john b wrote:

Kristof, you are very lucky if you have laws that are universal throughout Belgium concerning matters like these. The laws I posted are for Illinois, there are 49 other states all with different laws related to, well, pretty much everything. Some citizens here don't like the Federal Government imposing laws on the people and think it should be entirely up to the states. It makes for a confusing soup of laws that change from state to state, but that's how we do it here in the good old USofA.


Good point, but... Belgium is a country as big as a handkerchief... We have only some eleven million people to deal with...
Laws apply to Belgium and Holland, since our two countries have common laws regarding watersports... Still only twenty five million people to deal with... Two handkerchiefs

- Gun control means: using BOTH hands!
- Money doesn't make one happy, but when it rains cats and dogs, it's still better to cry in a Porsche than on a bicycle...

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Post Options Post Options   Thanks (0) Thanks(0)   Quote quinner Quote  Post ReplyReply Direct Link To This Post Posted: April-09-2015 at 1:04pm
Have any of you fellow Illinois boaters picked up your skier down flag yet?? Saw this tower mount one which could work for me. On the bombwake site Mars buddy and CCF member Chris Hansen is listed as a team rider!!



http://www.bombwake.com/index_files/skiflagholder.htm

Be cool to find a Flag with a CC or Nautique logo (Alan :)), anybody know where one may be found??




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