Chap. 417.         AN   ACT   RELATIVE   TO   THE   ENFORCEMENT   OF

CERTAIN MOTORBOAT LAWS.

Whereas,    The   deferred   operation   of   this   act   would   tend   to

defeat its purpose, which is to immediately provide for the enforcement of certain motorboat laws, therefore it is hereby declared to be' an emergency law, necessary for the immediate preservation of the public safety._______________________________

Be it enacted,  etc.,  as follows:

SECTION 1. Chapter 90B of the General Laws is hereby amended by inserting after section  12 the following section:-

Section 12A. Any officer authorized to enforce the provisions of this chapter who observes a motorboat or vessel being used without personal flotation devices required under this chapter or which is in an overloaded or other unsafe condition and which, in his judgment, presents a substantial risk of injury or loss of life by the use of said motorboat or vessel, may terminate such use and direct the operator to take whatever immediate and corrective steps which are necessary for the safety of the persons aboard such motorboat or vessel, including, but not limited to, directing the operator to proceed to a mooring and to remain there until such motorboat or vessel is deemed to be safe.

As used in this section the term "other unsafe condition" shall mean: (a) the motorboat or vessel is not displaying the navigation lights between sunset and sunrise; (b) the motorboat or vessel has fuel leakage from either the fuel system or engine; (c) the motorboat or vessel has an accumulation of fuel in the bilges or in a compartment other than a fuel tank; (d) the motorboat or vessel does not meet the ventilation requirements for tanks and engine spaces; or (e) the motorboat or vessel does not meet the requirements for backfire flame control.

SECTION 2. Section 14 of said chapter 90B is hereby amended by striking out subsection (b), as most recently amended by section 2 of chapter 714 of the acts of 1974, and inserting in place thereof the following subsection:-

(b) whoever as a scuba diver, so-called, or boat operator violates any provision of section five, five A, seven, subsection (b) of section nine, section twelve, twelve A, or thirteen A or of any rule or regulation pertaining thereto shall be punished by a fine of not less than ten nor more than fifty dollars.

Approved October 13,  1983.