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| Georgia General Assembly |
SB48.html
01 SB48/AP
Senate
Bill 48
By: Senators Cagle of the 49th,
Gillis of the 20th and Beatty of the 47th
AS PASSED
AN ACT
To amend Article 1 of Chapter 7 of Title 52 of the Official
Code of Georgia Annotated, relating to general provisions relative to the
registration, operation, and sale of watercraft, so as to exempt certain types
of vessels from certain requirements relating to lifesaving devices; to change
the penalty for operating certain vessels after the privilege to do so has been
suspended; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
Article 1 of Chapter 7 of Title 52 of the Official Code of
Georgia Annotated, relating to general provisions relative to the registration,
operation, and sale of watercraft, is amended by striking in its entirety
paragraph (1) of subsection (d) of Code Section 52-7-8, relating to
classifications of vessels and required equipment, and inserting in lieu thereof
the
following:
"(1)
Every vessel shall be equipped with and carry aboard, at all times, at least one
Type I, II, III, or V (hybrid) personal flotation device for each person on
board; provided, however, Type V (hybrid) devices are acceptable only when worn
and securely fastened. In addition to the individual personal flotation device,
each vessel, except for personal watercraft, as such term is defined in
subsection (a) of Code Section 52-7-8.2, canoes, and kayaks, must at all times
be equipped with at least one Type IV (throwable)
device."
SECTION 2.
Said article is further amended by striking in its entirety
subsection (c) of Code Section 52-7-12.6, relating to the terms of suspensions
of operating privileges, the return of such privileges; and the operation of
vessels when such privileges are suspended, and inserting in lieu thereof the
following:
"(c)
Any person who operates a vessel or personal watercraft on any of the waters of
this state at a time when such person´s privilege to do so has been
suspended shall be guilty of a misdemeanor and shall be punished by a fine of
not less than $500.00 nor more than $1,000.00; provided, however, that for a
second and each subsequent conviction within a five year period measured from
the date of the previous arrest upon which a conviction was obtained to the date
of the current arrest, such person shall be guilty of a misdemeanor of a high
and aggravated nature and shall be punished by a fine of not less than $1,000.00
nor more than $1,500.00. The period suspension of the privilege to operate a
vessel on the waters of the state of any person convicted under this subsection
shall be extended for an additional six months for each such
conviction."
SECTION 3.
All laws and parts of laws in conflict with this Act are
repealed.