Section 5.18. Boating education certification program fee.

 

(1)   Temporary boating education certificates.

(a) Eligibility . Only individuals who meet all of the following are eligible to receive a temporary boating education certificate:

1. A person who is or will be renting or leasing a motor boat from a rental agent who has agreed to provide them with boating education training as required under par. (c) .

2. A person who is 16 years of age or older.

(b) Effective period . All of the following conditions apply to a temporary boating education certificate issued under this section:

1. Shall be valid from the time and date of issuance, until the end of the calendar year issued.

2. Shall only be valid for the person it is issued to for the purpose of complying with s. 30.678 (1) (d) , Stats.

3. Shall only be valid for the operation of a motor boat which is rented or leased by the holder of the certificate.

(c) Education and training requirements.

1. The department shall create a short course of instruction which covers the Wisconsin general boating laws and the safe operation of a motor boat. These courses may be offered through a rental agent that rents or leases motor boats to the public, or by the department.

2. A rental agent that rents or leases motor boats and offers a course of instruction under this paragraph shall issue a temporary boating education certificate to persons 16 years of age or older successfully completing the course.

3. The department shall prescribe the course content in a student manual to be provided to any rental agent that rents or leases motor boats to the public.

4. The department shall prescribe the form of the temporary certificate that shall be provided to any person that successfully completes that training and passes an exam provided by the department with the manual.

(2)   Course and certificate issuance fees.

(a) Department sponsored courses . The fee for the boating education certification course taught by the department or an instructor certified by the department to teach the department's boating education program authorized under s. 30.74 (1) (a) , Stats., shall be $10.00. The department may authorize the instructors to retain up to 50% of the fee to defray expenses incurred locally to operate the program based on the actual cost incurred to the instructor. The remaining funds shall be turned in to the department to defray expenses incurred to operate the boating safety program during the year.

(b) Department approved courses. The portion of the fees collected for certification and turned into the department for courses taught by the United States Power Squadron, United States Coast Guard Auxiliary and other entities which are covered by a memorandum of understanding with the department regarding boating education courses shall be $1.00. This paragraph does not prevent those entities covered by a memorandum of understanding with the department from charging a fee that is reasonable to defray their costs of administering and operating the courses they provide. The department may authorize specialized fees for internet based education certification programs pursuant to a memorandum of understanding with the managing entity. The fee shall be sufficient to defray authorized operational costs of the managing entity and the department.

(c) Rental agent short courses.

1. The fees for a temporary boating education certificate issued under sub. (1) shall be $10.00. A rental agent that offers training and certification pursuant to sub. (1) (c) , shall collect the fee and may retain up to 50% of the fee to defray expenses incurred by them to conduct the training and exam and issue the certificate. The remaining funds shall be remitted to the department along with the records to be submitted under subd. 2.

2. All rental agents who provide a course of instruction under this section shall submit an annual report to the department by December 31 each year for any training provided and certification issued during that calendar year. The report shall contain the following information regarding each person who completes the training and exam described in sub. (1) (c) during the calendar year:

a. Name, address and date of birth.

b. The exam score.

c. The date each person's temporary boating education certificate was issued.

d. Total course fees collected.

e. Total fees being remitted to the department.

3. Rental agents shall maintain a written or electronic record of all information required under subd. 2. for a period of 2 years after the deadline for submitting the information to the department a required under subd. 2.

4. Copies of records or reports required to be kept under this section shall be made available for inspection and coping by the department during normal business hours. No rental agent who has been requested to submit to an inspection under this section, or employee or person acting on behalf of such rental agent shall refuse to provide the department or its agents any record or report required to be kept under this section.

History: Cr. Register, March, 2000, No. 531 , eff. 4-1-00; CR 06-132 : r. and recr. Register August 2007 No. 620 , eff. 9-1-07.

Note

Temporary boating education certificates are only available for and may not to be issued to persons who are not renting or leasing the motor boat. Persons age 10-15 are not eligible for a temporary boating education certificate. Pursuant to s. 30.678(1) , Stats., a person age 10-15 may operate a motor boat that is not a personal watercraft (PWC) if they are accompanied by a parent or guardian or by a person who is at least 18 years of age and who is designated by a parent or guardian. Persons age 12-15 may operate a motor boat, including a PWC without an adult, parent or guardian present if they hold a valid boating education certificate issued by the department under s. 30.74(1)(a) , Stats. Microsoft Windows NT 6.1.7601 Service Pack 1