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O.C.G.A. § 52-7-8.3 — Operation of watercraft; identification; operation by minors | Georgia Code
O.C.G.A. § 52-7-8.3 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 52 WATERS OF THE STATE, PORTS, AND WATERCRAFT

Section 7. Registration, Operation, and Sale of Watercraft, 52-7-1 through 52-7-77.

ARTICLE 1 GENERAL PROVISIONS

52-7-8.3. Operation of watercraft; identification; operation by minors.

  1. A person 16 years of age or older may operate any vessel or personal watercraft on any of the waters of this state if such person has met the applicable requirements of Code Section 52-7-22, and such person has in such vessel proper identification.
  2. A person 12 through 15 years of age may operate a personal watercraft or Class A vessel on any of the waters of this state in compliance with the provisions of this article if such person:
    1. Is accompanied by an adult 18 years of age or older who is authorized to operate such vessel under the provisions of subsection (a) of this Code section; or
    2. Has completed a boating education course approved by the department.
  3. No person between 12 through 15 years of age may operate a Class 1, Class 2, or Class 3 vessel.
  4. No person under the age of 12 years shall operate any Class 1, 2, or 3 vessel or any personal watercraft on any of the waters of this state, and no such person shall operate any Class A vessel utilizing mechanical means of propulsion exceeding 30 horsepower. Such person may operate a Class A vessel, other than a personal watercraft, utilizing mechanical means of propulsion not exceeding 30 horsepower only where such person is accompanied by an adult 18 years of age or older who is authorized to operate such vessel under the provisions of subsection (a) of this Code section.
  5. No person having ownership or control of a vessel shall permit another person to operate such vessel in violation of this Code section.
  6. No person shall rent, lease, or let for hire any vessel ten horsepower or more to any person under 16 years of age. On and after July 1, 2014, a person 16 years of age or older may rent or lease any vessel ten horsepower or more if such person has completed a boating education course approved by the department. This subsection shall not apply to any person licensed by the United States Coast Guard as a master of a vessel or a nonresident who has in his or her possession proof that he or she has completed a National Association of State Boating Law Administrators approved boater education course or equivalency examination from another state.
  7. As used in this Code section, the term:
    1. "Accompanied by" means in the physical presence within the vessel of a person who is not under the influence of alcohol, toxic vapors, or drugs to a degree which would constitute a violation of Code Section 52-7-12 were such person operating the vessel.
    2. "Personal watercraft" shall have the same meaning as set forth in Code Section 52-7-8.2.
    3. "Proper identification" shall have the same meaning as in subsection (d) of Code Section 3-3-23, relating to furnishing of alcoholic beverages.

(Code 1981, §52-7-8.3, enacted by Ga. L. 1998, p. 679, § 2; Ga. L. 2000, p. 1563, § 1; Ga. L. 2003, p. 140, § 52; Ga. L. 2013, p. 92, § 6/SB 136.)

The 2013 amendment, effective May 15, 2013, rewrote subsections (a) through (c); in subsection (d), inserted "years" near the beginning of the first sentence, substituted "adult 18 years of age or older" for "adult age 18 or over" in middle of the second sentence; added subsections (e) and (f); redesignated former subsection (e) as present subsection (g); inserted ", toxic vapors," in the middle of paragraph (g)(1); added paragraph (g)(2); redesignated the former last sentence of former subsection (e) as present paragraph (g)(3); deleted former paragraph (g)(3), which read: "'Under the direct supervision' means within sight of and within 400 yards of a person who is not under the influence of alcohol or drugs to a degree which would constitute a violation of Code Section 52-7-12 were such person operating the vessel and who is aware of his or her supervisory responsibility."; and deleted former subsection (f), which read: "No person having ownership or control of a vessel shall permit another person to operate such vessel in violation of this Code section." See Editor's notes for applicability.

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1998, the spelling of "exceeding", "subsection", and "nonmotorized" was corrected in subsection (c).

Editor's notes.

- Ga. L. 2013, p. 92, § 1/SB 136, not codified by the General Assembly, provides, in part, that Sections 5, 6, and 11 of this Act shall be known and may be cited as the "Kile Glover Boat Education Law".

Ga. L. 2013, p. 92, § 14/SB 136, not codified by the General Assembly, provides, in part, that the amendment of this Code section by that Act shall apply to all offenses occurring on and after May 15, 2013; provided, however, that for purposes of determining the number of prior convictions or pleas of nolo contendere pursuant to the felony provisions of paragraph (4) of subsection (m) of Code Section 52-7-12, only those offenses for which a conviction or a plea of nolo contendere is obtained on or after May 15, 2013, shall be considered.

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This Georgia Code resource is curated by Georgia Bar member Graham W. Syfert, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.