Sec. 08.18.03.01. Exceptions and Conditions

A. This chapter does not apply to:

(1) A vessel or device used solely for the purpose of warning, protecting, or alerting the public of the existence of an emergency condition, including law enforcement and fire-fighting vessels;

(2) An approved Department or United States Coast Guard activity listed below:

(a) A vessel engaged in a professional exhibition,

(b) A regatta,

(c) A motorboat race, or other boat race,

(d) A marine parade,

(e) A tournament or exhibition;

(3) A vessel displaying a valid seafood harvesters license number while actually engaged in the harvesting of seafood for sale;

(4) A vessel being tested, repaired, or developed by a service person or by an American Power Boat Association (APBA) driver, or a sanctioning association recognized by the Department, during the hours between 8 a.m. to 8 p.m., Monday through Friday, and 11 a.m. to 6 p.m. on Saturday and Sunday; or

(5) A vessel with a permit issued for economic hardship.

B. A current valid identification card issued by the APBA or sanctioning association identifying the driver shall be on board the vessel being tested, repaired, or developed by the APBA or other sanctioning association.

C. Vessels excepted under §A(4) of this regulation are required to:

(1) Notify the Natural Resources Police regional office during the hours of 8 a.m. to 4 p.m. at least 24 hours, but not more than 72 hours, before operating the vessel being tested, repaired, or developed;

(2) Provide the following information to the Natural Resources Police:

(a) Name and address of the driver,

(b) Name and address of the vessel owner,

(c) Type and description of the vessel,

(d) Vessel name or registration number, and

(e) Date, time, and location of proposed operation;

(3) Limit the number of tests per vessel to four in any 7-day period; and

(4) Limit each test per vessel to a total test period of 30 minutes on the water.