Or. Admin. Code § 250-018-0010

Current through Register Vol. 64, No. 1, January 1, 2025

Section 250-018-0010 - Definitions

As used in this Division the following definitions apply:

(1) "Approved Course Provider" is any individual or organization who instructs or provides a National Association of State Boating Law Administrators (NASBLA) approved classroom course, Equivalency Exam, or Internet Course and has been approved by the Oregon State Marine Board.

(2) "Boating Safety Education Card" is the physical or digital card issued by the Marine Board which certifies that the person named on the card has passed a Boating Safety Education Course and is authorized to operate a boat with a motor greater than 10 horsepower in Oregon under ORS 830.082 to 830.096 when capable of presenting the card to a Peace Officer upon request.

(3) "Boating Safety Education Course" is any NASBLA approved course of instruction that is offered by an Approved Course Provider and concludes with an examination containing at least 50 questions including a minimum of 10 specific questions about Oregon boating laws.

(4) "Correspondence Course and Self-Test" means a Boating Safety Education Course and examination provided by the Marine Board that is taken at home without a proctor. This Correspondence Course and Self-Test will satisfy minimum standard of boating safety education completion only for those individuals who have qualified for hardship status.

(5) "Direct Supervision" as it pertains to ORS 830.088 - ORS 830.090 occurs when a person in possession of a Boating Safety Education Card issued to that person maintains close visual and verbal contact with, provides adequate direction to, and can immediately and lawfully assume control of the boat from the operator.

(a) A person who is not on board the boat, including while engaged in towed watersports, or is in the cabin of a boat is not considered to be providing Direct Supervision.

(b) A youth aged 12 to 15 operating a personal watercraft while training for or competing in a Marine Board-sanctioned event as described in OAR 250-021-0036 is considered to be under Direct Supervision.

(6) "Equivalency Exam" is a comprehensive written examination created by the Marine Board containing at least 75 questions including a minimum of 15 specific questions about Oregon boating laws. The Equivalency Exam is intended to provide experienced boat operators the opportunity to demonstrate the minimum standard of boating safety education without having to take a Boating Safety Education Course.

(7) "Hardship" means a situation or condition that prevents an individual from attending a Boating Safety Education Course, completing an approved Internet Course, or taking an Equivalency Exam in person within a reasonable amount of time or within close proximity to the individual's place of residence. A hardship situation may allow an individual to utilize a Correspondence Course and Self-Test provided by the Marine Board to meet the minimum standard of boating safety education. The Marine Board director or the director's designee has the authority to grant or deny hardship status.

(8) "Internet Course" is any NASBLA-approved Boating Safety Education Course of instruction that is offered through the internet by an Approved Course Provider and concludes with an examination containing at least 75 questions including a minimum of 15 specific questions about Oregon boating laws.

(9) "Minimum Standard of Boating Safety Education" means a standard of proficiency established by the Marine Board based on the standards set by NASBLA that determine whether an applicant for a Boating Safety Education Card has met or exceeded the requirements of a boating safety education classroom course, Equivalency Exam, Internet Course, or Correspondence Course and Self-Test.

(10) "Motorboat loading weight" is the sum of the factory-specified dry gross weight of the motorboat and the factory-specified maximum factory ballast capacity of the motorboat.

(11) "National Association of State Boating Law Administrators (NASBLA)" is a national, nonprofit 501(c)(3) association of the recreational boating safety administrators from each state and territory in the United States.

(12) "NASBLA-approved Course" is a boating education course developed by following the American National Standards Institute (ANSI) standards. Such courses are nationally recognized and adopted by NASBLA.

(13) "Proctor" is an individual who is a member of the U. S. Coast Guard Auxiliary, U.S. Power Squadron, Marine Patrol, or other public safety organization or whose organization has been approved by the Marine Board to administer an Equivalency Exam. A "proctor" may also be a Marine Board staff member or a public official such as a librarian or community college instructor who has been approved by the Marine Board to administer an Equivalency Exam.

(14) "Proof of Completion" is a document verifying that an individual has achieved the minimum standard for boating safety education competency as determined by the Marine Board.

(15) "Temporary Boating Safety Education Card" is a physical or digital document issued by the Marine Board or an Approved Course Provider allowing the bearer to operate a motorboat with a motor greater than 10 horsepower in Oregon for a period not to exceed 30 days.

(16) "Towed watersports" means activities that involve being towed by a vessel such as, but not limited to, water skiing, wakeboarding, and tubing, as used in ORS 830.643, ORS 830.649, and this division.

(17) "Towed Watersports Education Card" is the endorsement issued by the Marine Board that certifies that the person named on the card has established proof of competency and is authorized to engage in towed watersports on the Willamette River between river miles 26.6 and 55.

(18) "Towed watersports boat decals" are the set of two decals issued by the Marine Board to boaters meeting application requirements that must be displayed on a boat engaged in towed watersports on the Willamette River between river miles 26.6 and 55.

(19) "Watercraft Rental Safety Checklist" means the dockside safety checklist referenced in ORS 830.092(1) which is provided by the Marine Board to livery operators.

Or. Admin. Code § 250-018-0010

OSMB 6-2000, f. & cert. ef. 10-30-00; OSMB 10-2001, f. & cert. ef. 10-29-01; OSMB 3-2003, f. & cert. ef. 3-31-03; OSMB 1-2007(Temp), f. & cert. ef. 1-9-07 thru 6-30-07; OSMB 2-2007, f. & cert. ef. 3-21-07; OSMB 6-2019, temporary amend filed 07/17/2019, effective 7/17/2019 through 12/31/2019; OSMB 12-2019, amend filed 11/26/2019, effective 01/01/2020; OSMB 13-2019, amend filed 11/26/2019, effective 1/1/2020; OSMB 3-2020, amend filed 01/30/2020, effective 2/3/2020; OSMB 4-2022, amend filed 05/03/2022, effective 5/3/2022; OSMB 5-2023, amend filed 08/23/2023, effective 8/24/2023

Statutory/Other Authority: ORS 830.110

Statutes/Other Implemented: ORS 830.082 - ORS 830.096