RELATES TO:

KRS 235.285(7)

STATUTORY AUTHORITY:

KRS 235.280

NECESSITY, FUNCTION, AND CONFORMITY:

KRS 235.280 authorizes the department to promulgate administrative regulations to establish procedures for the reasonable, safe and equitable use of all waters of Kentucky. KRS 235.285(7) requires that a person twelve (12) through seventeen (17) years of age operating a personal watercraft or motorboat over ten (10) horsepower possess a safe boating certificate. This administrative regulation establishes the procedures for acquiring a safe boating certificate.

1. Section 1. Safe Boating Certificate Card.

   1. (1) To obtain a safe boating certificate card, a person shall answer correctly at least eighty (80) percent of the questions on the Kentucky Certification Exam.
   2. (2) There shall be a five (5) dollar replacement fee for safe boating certification cards.
   3. (3) A person may waive the examination requirements of subsection (1) of this section if he or she submits to the department certification showing that he or she has completed a National Association of State Boating Law Administrators approved course.

2. Section 2. Safe Boating Course. (1) The safe boating course may be taken by:

   1. (1) Classroom instruction provided by a department employee or department volunteer;
   2. (2) Self-study using the "Kentucky Boating Safety Manual". A person may request a copy of the "Kentucky Boating Safety Manual" by calling 1-800-858-1549; or
   3. (3) A self-study program on the Internet.

3. Section 3. Safe Boating Guidelines.

   1. (1) Safe boating guidelines are established in the "Kentucky Boating Safety Manual".
   2. (2) Boaters using Kentucky's waters shall abide by the guidelines established in the "Kentucky Boating Safety Manual".

4. Section 4. Incorporation by Reference.

   1. (1) The following material is incorporated by reference:

      1. (a) "Kentucky Boating Safety Manual", 2003 edition; and
      2. (b) "Safe Boating Examination", 2003 edition.
   2. (2) This material may be inspected, copied or obtained, subject to applicable copyright law, at the Department of Fish and Wildlife Resources, #1 Game Farm Road, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. until 4:30 p.m.

History

(25 Ky.R. 2711; Am. 26 Ky.R. 48; eff. 7-14-99; 28 Ky.R. 2058; eff. 5-16-2002; 30 Ky.R. 414; eff. 10-31-03; Crt eff. 2-5-2020.)