As used in this title unless the context clearly requires a different meaning:
(1) "Associated equipment" does not include radio equipment and means:
- (a) a system, part, or component of a boat as originally manufactured or a similar part or component manufactured or sold for replacement, repair, or improvement of the system, part, or component;
- (b) an accessory or equipment for, or appurtenance to, a boat;
- (c) a marine safety article, accessory, or equipment intended for use by a person on board a boat.
(2) "Boat" means a vessel:
- (a) manufactured or used for recreational or commercial use;
- (b) leased, rented, or chartered for recreational or commercial use; or
- (c) used to carry any passengers either for recreational or commercial purposes.
- (3) "Boat livery" means a business, which holds a vessel for rent, lease, or charter.
- (4) "Certificate of number" means the registration.
- (5) "Certificate of origin" means a document establishing the initial chain of ownership, such as manufacturer's certificate of origin or statement of origin, importer's certificate of origin, and builder's certification.
- (6) "Dealer's permit" means a certificate issued by the department to a marine business to extend the privilege of using marine dealer registration numbers on boats or motors for demonstration or testing purposes and assignment on appropriate documents. Abuse of these privileges results in termination of the dealer's permit. A dealer who fails to meet minimum requirements each year may request in writing a review of the permit and sales. After review of the dealer's records and after good cause has been shown by the dealer for not meeting the minimum requirements, the department may renew the permit for the calendar year. A dealer permit is valid only for the calendar year and it must be displayed prominently to the public. Applications for renewals must be received by December fifteenth each year. "Demonstration numbers" means a temporary certificate of numbers issued to a permitted marine dealer or to a manufacturer for the purpose of demonstrating new and used boats or for any other legal purposes by a permitted marine dealer employee. The demonstration numbers must not be permanently attached to the vessel. The demonstration numbers must be attached to removal plates or placards for temporary display during any legal use. Demonstration numbers must be used only on boats, motors, or watercraft owned by the permitted dealer, or on customer boats, motors, or watercraft when servicing or testing. Permitted dealers or manufacturers are limited to nine sets of dealer numbers. Temporary certificate of numbers is a temporary registration assigned to a vessel to allow permitted marine dealers to operate a vessel for any legal use permitted.
- (7) "Demonstration numbers" means a temporary certificate of numbers issued to a permitted marine dealer or manufacturer for the purpose of operating dealer owned watercraft, or used on watercraft that are placed with the dealer for repair. The demonstration numbers must not be permanently attached to the vessel. The dealer numbers must be on board the watercraft at all times during operating to identify that the dealer truly is licensed and operating legally. The dealer numbers may be used for any legal purpose. Each dealer will be allowed to purchase nine demonstration numbers.
- (8) "Department" means the South Carolina Department of Natural Resources.
- (9) "Hull identification number" means the letter and number combination required by the United States Coast Guard or its successor agency on all watercraft manufactured after November 1, 1972.
- (10) "Marina" means a facility which provides mooring or dry storage for watercraft on a leased or rental basis.
- (11) "Marine dealer" means a person who engages primarily or secondarily in the business of buying, selling, exchanging, or servicing watercraft or outboard motors, new or used, on outright or conditional sale, bailment, lease, chattel mortgage, or otherwise, and who has an established place of business for the sale, trade, and display of the watercraft or outboard motors, or both. A marine dealer must have a proper business license for each facility not under the same roof and shall sell a minimum of ten watercraft or outboard motors each calendar year to renew his permit. Exclusions must be for sale at organized marine dealer association boat shows. Each dealer shall apply to the department annually for a dealer's permit with a fee of ten dollars for each facility on forms prescribed by the department. A permit is valid for the calendar year and must be displayed in a prominent place for public view. Renewal applications must be received by December fifteenth each year. Permitted marine dealers are eligible for demonstration numbers. A marine dealer licensed under this section shall consent to public or random inspections of his or its business as provided in Section 50-23-185. A dealer refusing the inspections forfeits his license immediately and permanently.
- (12) "Marine manufacturer" means a person engaged in the manufacturing of watercraft or outboard motors for sale or trade.
- (13) "Motor boat" means a vessel equipped with propulsion machinery of any type whether or not the machinery is the principal source of propulsion.
- (14) "No Wake--Idle Speed" means a boating restricted area established to protect the safety of the public and property. "No Wake--Idle Speed" means that a vessel cannot proceed at a speed greater than that speed which is necessary to maintain steerageway.
- (15) "Operate" means to navigate, steer, or drive. It also includes the manipulation of moving water skis, a moving aquaplane, a moving surfboard, or similar moving device.
- (16) "Operator" means the person who operates or has charge or command of the navigation or use of a vessel or watercraft.
- (17) "Outboard motor" means a completely self-contained propulsion system, excluding the fuel supply which is used to propel a watercraft and which is detachable from the watercraft as a unit. No outboard motor of less than five horsepower or its equivalent is required to be titled under this chapter.
- (18) "Owner" means a person, other than a lienholder, who claims lawful possession of a vessel by virtue of legal title or equitable interest in it which entitled him to possession.
(19) "Passenger" means every person carried on board a vessel other than:
- (a) the owner or his representative;
- (b) the operator;
- (c) bona fide member of the crew engaged in the business of the vessel who has contributed no consideration for their carriage and who is paid for his services; or
- (d) a guest on board a vessel, which is being used exclusively for pleasure purposes, who has not contributed consideration, directly or indirectly, for his carriage.
- (20) "Person" means an individual, a partnership, a firm, a corporation, an association, or other legal entity.
- (21) "Reportable boating accident" means an accident, collision, or other casualty involving a vessel subject to this chapter which results in loss of life, injury which results in loss of consciousness, necessity for medical treatment, necessity to carry a person from the scene, disability which prevents the discharge of normal duties beyond the day of casualty, or actual physical damage to property including vessels in excess of five hundred dollars.
- (22) "Serial number" means the identifying manufacturer's number affixed to a watercraft before November 2, 1972, and to outboard motors before, on, and after that date. The serial number of watercraft manufactured after November 1, 1972, is part of the hull identification number.
- (23) "Temporary certificate of number" is a temporary registration assigned to a vessel to allow operation for a limited purpose.
- (24) "Undocumented vessel" means a vessel which does not have and is not required to have a valid marine document issued by the United States Coast Guard or federal agency successor to it.
- (25) "Use" means operate, navigate, or employ.
- (26) "Vessel" means every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water.
- (27) "Water device" means a motorboat, boat, personal watercraft or vessel, water skis, an aquaplane, surfboard, or other similar device.
- (28) "Waters of the State" means waters within the territorial limits of the State but not private lakes or ponds.
- (29) "Water craft" means any motorboat, boat, personal watercraft or vessel. It does not include water skis, aquaplanes, surfboards, rowboats, canoes, kayaks, or other similar hand-propelled devices.