As used in this part unless the context otherwise requires:

"Boat dealer" means a person engaged wholly or partly, for gain or compensation, in the business of selling vessels or offering vessels for sale, buying or taking in vessels for the purpose of resale, or exchanging vessels.

"Boating accident" means any occurrence involving a vessel or its equipment that results in:

1. (1) The death of a person;
2. (2) The loss of consciousness by any person, the receipt of medical treatment by any person, or the incapacity of any person for more than twenty-four hours;
3. (3) Damage to the vessel and other property totaling more than $200; or

4. (4) The disappearance of a person from the vessel under circumstances that indicate possible death or injury.

   "Boat livery" means the business of holding out vessels for rent, lease, or charter.

   "Boat manufacturer" means a person engaged in:

5. (1) The manufacture, construction, or assembly of boats or associated equipment;
6. (2) The manufacture or construction of components for boats and associated equipment to be sold for subsequent assembly; or

7. (3) The importation into the United States for sale of boats, associated equipment, or components thereof.

   "Certificate" means certificate of number for an undocumented vessel.

   "C.F.R." means the Code of Federal Regulations.

   "Coast Guard" means the Coast Guard of the United States, or its successor agency.

   "Commercial high speed boating" means the use of an open power boat to provide high speed rides to passengers who pay compensation for the rides. "Commercial high speed boating" does not include:

8. (1) The use of an open ocean racing boat during an official racing competition; or

9. (2) The use of an open ocean racing boat while practicing for racing competition; provided that no passenger pays compensation for riding the boat during the practice.

   "Federal laws and requirements" means all statutes, rules, and other laws of the United States, which may apply to any and all subject matter of this part, and of the rules adopted pursuant to this part.

   "Length" means the measurement of a vessel from end to end over the deck.

   "Open ocean racing boat" means a motorized vessel which:

10. (1) Is designed, modified, or restored for the primary purpose of high speed boat racing; and

11. (2) Has the capacity to carry not more than the operator and five passengers.

    "Operate" means to navigate or otherwise use a vessel on or in the waters of the State.

    "Operator" means a person who operates, or who has charge of the navigation or use of, a vessel.

    "Parasailing" means the activity in which an individual is transported or carried aloft by a parachute, sail, or other material attached to a towline which is towed by a vessel.

    "Person" means an individual, partnership, firm, corporation, association, or other legal entity.

    "Recreational vessel" means any vessel that is being used for pleasure.

    "State" means the State of Hawaii.

    "Thrill craft" means any motorized vessel that falls into the category of personal watercraft, and which:

12. (1) Is generally less than thirteen feet in length as manufactured;
13. (2) Is generally capable of exceeding a speed of twenty miles per hour;
14. (3) Can be operated by a single operator, but may have the capacity to carry passengers while in operation; or

15. (4) Is designed to provide similar operating performance as a personal watercraft through a combination of small size, power plant, and hull design.

    The term includes, but is not limited to, a jet ski, waverunner, wet bike, surf jet, miniature speed boat, hovercraft, and every description of vessel which uses an internal combustion engine powering a water jet pump as its primary source of motive propulsion, and is designed to be operated by a person or persons sitting, standing, or kneeling on, or being towed behind the vessel.

    "Underway" means that a vessel is not at anchor, or made fast to the shore, or aground.

    "Undocumented vessel" means any vessel which does not have and is not required to have a valid marine document as a vessel of the United States.

    "Vessel" means all description of watercraft, used or capable of being used as a means of transportation on or in the water, except a seaplane.

    "Water sledding" means the activity in which an individual is transported or carried over the surface of the water on an apparatus that is more than twelve inches wide and is attached to a towline which is towed by a vessel. If the apparatus is round with a hollow center, the width shall be measured as a straight line:

16. (1) Starting from a point on the outer edge of the apparatus;
17. (2) Bisecting the hollow center; and

18. (3) Ending at the farthest point on the opposite outer edge.

    "Waters of the State" means any waters within the jurisdiction of the State, the marginal seas adjacent to the State, and the high seas when navigated as part of a journey or ride to or from the shores of the State.

[L 1991, c 272, pt of §2; am L 1992, c 172, §1; am L 1995, c 140, §1 and c 165, §§2, 3]