Vessels

C.R.S. tit. 33, art. 13
in effect

C.R.S. § 33-13-101 Legislative declaration

33-13-101. Legislative declaration. It is the policy of this state to administer the registration and numbering of vessels in accordance with federal laws pertaining thereto and to promote the safety of persons and property in connection with the use, operation, and equipment of vessels.

C.R.S. § 33-13-102 Definitions

33-13-102. Definitions. As used in this article 13, unless the context otherwise requires: (1) "Motorboat" means any vessel propelled by machinery, whether or not such machinery is the principal source of propulsion including "personal watercraft" as defined in subsection (3.3) of this section. (2) "Operate" means to navigate or otherwise use a vessel. (3) "Owner" means a person who claims lawful possession of a vessel by virtue of legal title or an equitable interest which entitles him to such possession. (3.3) "Personal watercraft" means a motorboat that uses an inboard motor powering a water jet pump as its primary source of motive power and is designed to be operated by a person sitting, standing, or kneeling on the vessel, rather than the conventional manner of sitting or standing inside the vessel. "Personal watercraft" includes a motorboat known as a "specialty prop-craft", which is similar in appearance to a personal watercraft but powered by an outboard or motor driven propeller. (3.7) "Sailboard" means a sail propelled vessel with no freeboard and equipped with a swivel mounted mast, not secured to a hull by guys or stays. (4) "Sailboat" means any vessel propelled by the effect of wind on a sail, including sailboards. For the purposes of this article, any vessel propelled by both sail and machinery of any sort shall be deemed a motorboat, when being so propelled. (5) (a) "Vessel" means every description of watercraft used or capable of being used as a means of transportation of persons and property on the water, including all types of stand-up paddleboards. (b) "Vessel" does not include: (I) Any single-chambered, air-inflated devices that are not stand-up paddleboards; or (II) Seaplanes. (5.5) "Vessel staging area" means any parking lot, boat ramp, or other location that any vessel is transported to or from by a motor vehicle and where such vessel is placed into operation on or in the water. "Vessel staging area" does not include any location to which a vessel is transported primarily for the purpose of service, maintenance, repair, or sale. (6) "Whitewater" means natural running water with intermittent rapids.

C.R.S. § 33-13-103 Numbering of vessels required - rules - repeal

33-13-103. Numbering of vessels required - rules - repeal. (1) It is unlawful for any person to operate or use a vessel on the waters of this state or to possess a vessel at a vessel staging area unless the vessel has been numbered and the division has issued a certificate of the number, referred to in this article 13 as a "registration", to the vessel. The operator of the vessel shall produce the registration for inspection upon demand of any officer authorized to enforce articles 10 to 15 and 32 of this title 33. The following are exempt from the requirements of this subsection (1) and from the vessel registration fee as specified by the commission by rule: (a) Any vessel which is neither a motorboat nor a sailboat as defined in section 33-13-102; except that canoes, kayaks, and nonmotorized rafts exempted by this paragraph (a) shall be marked as required by subsection (5) of this section; (b) Vessels holding a valid marine document issued by the United States; (c) Vessels which are numbered in accordance with applicable federal law or in accordance with a federally approved numbering system of another state when the registration is valid and the identifying number set forth in the registration is displayed on each side of the bow of such vessel, which vessel is not used within this state during a period of not more than sixty consecutive days; (d) A vessel from a country other than the United States temporarily using the waters of this state; (e) A vessel belonging to a class of vessels which has been exempted after the division has found that the numbering of vessels of such class will not materially aid their identification, and, if an agency of the federal government has a numbering system applicable to the class of vessels to which the vessel in question belongs, after the division has further found that the vessel would also be exempt from numbering if it were subject to federal law; (f) Any vessel defined as a sailboard in section 33-13-102 (3.7) shall be marked as required by subsection (5) of this section. (2) Every registration issued pursuant to this article shall continue in full force and effect for a period ending December 31 of the year of issuance of the registration unless sooner terminated or discontinued in accordance with the provisions of this article. A registration may be renewed by the owner in the same manner as that provided for obtaining the initial registration. The same number shall be reissued if the application for renewal is received by the division within thirty days before the date of expiration. (3) The commission shall prescribe by rule a system of numbering that complies with the federal system for numbering vessels. (4) Any person who violates subsection (1) of this section commits a civil infraction and, upon conviction, shall be punished by a fine of one hundred dollars. (5) It is unlawful for any person to operate or use a canoe, kayak, sailboard, or nonmotorized raft that is not required to be registered under subsection (1) of this section on the waters of this state unless it has been marked with the owner's name and current address in a legible, clearly visible, and durable fashion. Any person who violates this subsection (5) commits a civil infraction and, upon conviction thereof, shall be punished by a fine of fifteen dollars.

C.R.S. § 33-13-104 Application for vessel number - repeal

33-13-104. Application for vessel number - repeal. (1) The owner of each vessel requiring numbering by this state shall file an application for a number with the division or any representative approved by the division on forms approved and furnished by the division. The owner of the vessel must sign the application and pay an application fee as specified by the commission by rule; except that those vessels owned and operated by the state or any political subdivision of the state must be registered without payment of a registration fee. Upon receipt of the application in approved form, the division or its representative shall issue to the applicant a registration stating the number issued to the vessel. The number issued shall be painted on or attached to each side of the bow on the forward half of the vessel or, if there are no such sides, at a corresponding location on both sides of the foredeck of the vessel for which it is issued. The number issued must read from left to right in block characters of good proportion having a minimum of three inches in height, excluding border or trim, and of a color that contrasts with the color of the background, and must remain clearly visible and legible. Other numbers must not be carried on the bow of the vessel. Any person who fails to display a vessel number as required in this subsection (1) commits a civil infraction and, upon conviction, shall be punished by a fine of twenty-five dollars. (2) The registration shall be of pocket size and shall be on board and available at all times for inspection whenever the vessel for which it is issued is in operation in this state. Any person who violates this subsection (2) commits a civil infraction and, upon conviction, shall be punished by a fine of fifty dollars. If a registration is lost or destroyed, the owner shall, within fifteen days, notify the division. The notification shall be in writing, shall describe the circumstances of the loss or destruction, and shall be accompanied by a fee for a replacement registration as required under section 33-12-101. (3) When a numbered vessel is lost, destroyed, or abandoned, the registration issued for the vessel shall be surrendered to the division within fifteen days after any such event. When the owner of a numbered vessel changes his or her address from that shown on the registration, the owner shall notify the division within fifteen days of such change and, as a part of such notification, shall furnish the division with his or her new address. The commission may provide in its rules for the surrender of the registration bearing the former address and its replacement with a registration bearing the correct address or for the alteration of an outstanding registration to show the new address of the owner. (4) All fees collected under this section shall be credited to the parks and outdoor recreation cash fund and shall be used for the administration of this article.

C.R.S. § 33-13-105 Seizure of vessels by officers - repeal

33-13-105. Seizure of vessels by officers - repeal. (1) (a) Every parks and recreation officer and other peace officer of this state may seize and hold any vessel if such officer has probable cause to believe that the vessel is not in the lawful possession of the operator or person in charge thereof. (b) It is the duty of any officer seizing any vessel, on being informed of any such vessel, to immediately notify the appropriate law enforcement agencies and the owner if known. Such notification shall contain a description of such vessel and any other helpful facts that may assist in locating or establishing the ownership thereof or in prosecuting any person for a violation of article 4 of title 18, C.R.S., or other state laws. (2) "Hull identification number" means any identifying number, serial number, engine number, or other distinguishing number or mark, including letters, if any, placed on a vessel or engine by its manufacturer or by authority of the division or in accordance with the laws of another state or country, excluding the vessel registration number. (3) (a) Whenever a vessel is seized pursuant to subsection (1) of this section, the law enforcement agency or a governmental entity may commence an action in a court of competent jurisdiction to determine whether said vessel shall be destroyed, sold, converted to the use of the seizing agency, or otherwise disposed of by an order of said court. (b) (I) Any forfeiture proceeding initiated pursuant to this section shall be conducted in conformance with section 16-13-505, C.R.S. (II) For purposes of applying section 16-13-505, C.R.S., to a seizure hearing conducted pursuant to this section, "contraband" includes any vessel seized in accordance with this section. (4) Nothing in this section shall preclude the return of the seized vessel to the owner by the seizing agency following presentation of satisfactory evidence of ownership and, if determined necessary, requiring the owner to obtain an assignment of a hull identification number for the vessel from the division. (5) and (6) (Deleted by amendment, L. 96, p. 725, § 1, effective January 1, 1997.) (7) If the court having jurisdiction orders the vessel sold by the division, the proceeds of the sale shall be forwarded to the treasurer who shall credit such proceeds to the general fund.

C.R.S. § 33-13-106 Equipment requirements

33-13-106. Equipment requirements. (1) No person shall operate a personal watercraft unless each person aboard is wearing a personal flotation device of a type approved by the United States Coast Guard that is in a good and serviceable condition. (2) A person operating a personal watercraft equipped by the original manufacturer with an engine cutoff switch lanyard shall attach such lanyard to his or her person, clothing, or personal flotation device, as appropriate for the specific vessel. (3) Every vessel, other than a personal watercraft, operated on the waters of this state shall at all times have aboard: (a) One personal flotation device of a type approved by the commandant of the United States Coast Guard in good and serviceable condition and in a readily accessible place of storage for each person on board; except that sailboard operators may wear a wet suit, as defined by the commission, in lieu of carrying a personal flotation device as required by this paragraph (a); (b) When in operation during hours of darkness, a light sufficient to make the vessel's presence and location known to any and all other vessels within a reasonable distance; (c) If not an entirely open vessel and if carrying or using any inflammable or toxic fluid in any enclosure for any purpose, an efficient natural or mechanical ventilation system which shall be capable of removing any resulting gases prior to and during the time such vessel is occupied by any person. (4) Every vessel operated on the waters of this state shall have such additional equipment that is designed to promote navigational safety and that the commission may find to be necessary or desirable for the safe operation of vessels upon the waters of this state. (4.5) No person shall operate a vessel that has entered the water unless each child under the age of thirteen who is aboard such vessel is wearing a personal flotation device, unless such child is below deck or in an enclosed cabin. Such flotation device shall be of a type approved by the United States Coast Guard and shall be in good and serviceable condition. (5) Any person who violates this section commits a petty offense and, upon conviction, shall be punished by a fine of one hundred dollars. (6) The commission may exempt vessels from subsection (1), (2), (3), (4), or (4.5) of this section under certain conditions or upon certain waters.

C.R.S. § 33-13-107 Vessel liveries - repeal

33-13-107. Vessel liveries - repeal. (1) The owner or operator of a vessel livery shall keep a record of the name and address of each person who hires any vessel that is designed or permitted to be operated as a vessel, the hull identification number of the vessel, and the departure date and time and the expected date and time of return of the vessel. Such records shall be preserved for at least thirty days after the vessel is to be returned and shall be subject to inspection by the division. Any person who violates this subsection (1) commits a civil infraction and, upon conviction, shall be punished by a fine of one hundred dollars. (2) Neither the owner nor operator of a vessel livery nor such owner's or operator's agent or employee shall permit any vessel to depart from his or her premises unless such vessel is equipped and registered as required by this article 13 and rules promulgated pursuant to this article 13. Any person who violates this subsection (2) commits a civil infraction and, upon conviction, shall be punished by a fine of one hundred dollars.

C.R.S. § 33-13-107.1 Minimum age of motorboat operators - penalty - exception

33-13-107.1. Minimum age of motorboat operators - penalty - exception. (1) An individual under eighteen years of age shall not operate a motorboat in this state except as provided in this section. (2) An individual fourteen years of age or older who has not reached the individual's eighteenth birthday may operate a motorboat only if the individual: (a) Completes a boating safety course approved by the division of parks and wildlife; and (b) (I) Possesses a boating safety certificate issued by the boating safety course provider. (II) While operating a motorboat, an individual required to obtain a boating safety certificate pursuant to this subsection (2) shall keep the boating safety certificate in the individual's immediate possession or in an accessible place on the motorboat. A court may waive fines incurred by an individual for not having the boating safety certificate in the individual's possession or in an accessible place at the time of operating a motorboat if the individual is able to present evidence to the court of having completed a boating safety course prior to the infraction. (3) An individual shall not permit or knowingly authorize a motorboat to be operated by an individual under eighteen years of age; except that an individual fourteen years of age or older who has not reached the individual's eighteenth birthday may be permitted or authorized to operate a motorboat if the individual has met the boating safety and certificate requirements of subsection (2) of this section. (4) Neither an owner or operator of a vessel livery nor an agent or employee of such owner or operator shall lease, hire, or rent a motorboat to or for operation by any individual under eighteen years of age; except that an individual fourteen years of age or older who has not reached the individual's eighteenth birthday may be permitted or authorized to operate a motorboat if the individual has met the boating safety and certificate requirements of subsection (2) of this section. (5) Any individual who violates this section commits a civil infraction and, upon conviction, shall be punished by a fine of one hundred dollars. (5.5) The requirements of this section, and rules promulgated pursuant to this section, do not apply to the operation of motorboats on bodies of water located on private property. (6) It is the intent of the general assembly that general fund dollars shall not be appropriated for the purpose of implementing the requirements of this section.

C.R.S. § 33-13-108 Prohibited vessel operations - rules

33-13-108. Prohibited vessel operations - rules. (1) (a) No person shall operate or give permission for the operation of a vessel: (I) Which is not equipped as required by this article or rules and regulations promulgated pursuant thereto; (II) Which emits noise in excess of the permissible level established in standards promulgated by the commission in accordance with article 4 of title 24, C.R.S.; (III) Above a wakeless speed in areas zoned as wakeless, as defined by commission rule; (IV) In a manner that violates any rule promulgated by the commission for safe use and operation of vessels. (a.5) No person shall operate a personal watercraft between one half hour after sunset and one half hour before sunrise. (b) Any person who violates subsection (1)(a) or (1)(a.5) of this section commits a civil infraction and, upon conviction thereof, shall be punished by a fine of one hundred dollars. (2) (a) It is unlawful for any person to operate a vessel in a careless or imprudent manner without due regard for zoning, traffic, and other attendant circumstances or as to endanger any person, property, or wildlife. For purposes of this paragraph (a), careless or imprudent vessel operation includes, but is not limited to, the following: (I) Becoming airborne or completely leaving the water while crossing the wake of another vessel at an unsafe distance from the vessel creating the wake or when visibility around such vessel is obstructed; (II) Unsafely weaving through vessel traffic; (III) Operating at such a speed and proximity to another vessel so as to require the operator of either vessel to abruptly swerve or to abruptly cut speed in order to avoid collision. (b) Any person who violates subsection (2)(a) of this section commits a petty offense and, upon conviction thereof, shall be punished by a fine of two hundred dollars. (3) It is unlawful for any person to operate a vessel in a reckless manner. Any person who violates this subsection (3) commits a class 2 misdemeanor. (4) Repealed.

C.R.S. § 33-13-108.1 Operating a vessel while under the influence - definitions

33-13-108.1. Operating a vessel while under the influence - definitions. (1) (a) It is a misdemeanor for any person to operate or be in actual physical control of a motorized, wind-powered, or flying vessel in this state while: (I) Under the influence of alcohol; (II) The amount of alcohol, as shown by analysis of the person's blood or breath, in the person's blood is 0.08 or more grams of alcohol per one hundred milliliters of blood or 0.08 or more grams of alcohol per two hundred ten liters of breath at the time of the commission of the alleged offense or within two hours after operating a vessel, if the evidence establishes beyond a reasonable doubt that the person did not consume any alcohol between the time of operation and the time of testing; (III) Under the influence of any controlled substance as defined in section 18-18-102 (5), C.R.S., or any other drug that renders the person incapable of safely operating a vessel; (IV) Under the influence of any combination of alcohol and any controlled substance as defined in section 18-18-102 (5), C.R.S., or any other drug, when the combination of alcohol and controlled substance or any other drug renders the person incapable of safely operating a vessel. (b) For the purposes of this subsection (1), "under the influence of any controlled substance or any other drug" shall include the use of glue-sniffing, aerosol inhalation, or the inhalation of any other toxic vapor. (2) (a) In any prosecution of a violation of paragraph (a) of subsection (1) of this section, the amount of alcohol in the defendant's blood or breath at the time of the commission of the alleged offense or within a reasonable time thereafter, as shown by analysis of the defendant's blood or breath, shall give rise to the following presumption: If there was at that time 0.08 or more grams of alcohol per one hundred milliliters of blood as shown by analysis of the person's blood or 0.08 or more grams of alcohol per two hundred ten liters of breath as shown by analysis of the person's breath, it shall be presumed that the defendant was under the influence of alcohol. (b) The limitation of this subsection (2) shall not be construed as limiting the introduction, reception, or consideration of any other competent evidence bearing upon the question of whether or not the defendant was under the influence of alcohol. (3) In any prosecution for a violation of subsection (1) of this section, the defendant shall be entitled to offer direct and circumstantial evidence to show that there is a disparity between what the tests show and other facts so that the trier of fact could infer that the tests were in some way defective or inaccurate. Such evidence may include testimony of nonexpert witnesses relating to the absence of any or all of the common symptoms or signs of intoxication for the purpose of impeachment of the accuracy of the analysis of the person's blood or breath. (4) (a) A person who operates a vessel or who is in actual physical control of a vessel on the waters of this state shall be deemed to have expressed consent to the provisions of this subsection (4). (b) Any person who operates or is in actual physical control of a vessel on the waters of this state may be required to submit to a test or tests of breath or blood for the purpose of determining the alcoholic content of the person's blood or breath if arrested for any misdemeanor offense arising out of acts alleged to have been committed while the person was operating a vessel in violation of subsection (1) of this section. If the person requests that the test be a blood test, then the test shall be of the person's blood; but, if the person requests that a specimen of blood not be drawn, then a specimen of the person's breath shall be obtained and tested. r any misdemeanor offense arising out of acts alleged to have been committed while the person was operating a vessel in violation of subsection (1) of this section. If the person requests that the test be a blood test, then the test shall be of the person's blood; but, if the person requests that a specimen of blood not be drawn, then a specimen of the person's breath shall be obtained and tested. (c) Any person who operates or is in actual physical control of a vessel on the waters of this state may be required to submit to a test or tests of the person's blood, saliva, and urine for the purpose of determining the drug content within the person's system if arrested for any misdemeanor offense arising out of acts alleged to have been committed while the person was operating a vessel in violation of subsection (1) of this section. (5) Any person who is required to submit to testing or who requests that a specimen of blood, breath, saliva, or urine be taken or drawn shall cooperate with the person authorized to obtain the specimens, including the signing of any release forms required by any person who is authorized to take or withdraw such specimens. If the person refuses to sign any release forms, the refusal shall be considered a refusal to take the tests, if said forms conform to subsection (6) of this section. No peace officer shall physically restrain any person for the purpose of obtaining a specimen of his blood, breath, saliva, or urine for testing. (6) The arresting officer having probable cause to believe a person has violated this section shall direct the administration of the tests in accordance with rules prescribed by the state board of health with utmost respect for the constitutional rights, dignity, and health of the person being tested. No person except a physician, a registered nurse, an emergency medical service provider certified or licensed under part 2 of article 3.5 of title 25 who is authorized within his or her scope of practice to draw blood, or a person whose normal duties include withdrawing blood samples under the supervision of a physician or registered nurse shall withdraw blood to determine the alcohol or drug content of the blood for purposes of this section. Civil liability does not attach to a person authorized to obtain blood, breath, saliva, or urine specimens or to a hospital in which the specimens are obtained as provided in subsection (4) of this section as a result of the act of obtaining the specimens from any person submitting thereto if the specimens were obtained according to the rules of the state board of health; except that this subsection (6) does not relieve the person from liability for negligence in obtaining a specimen sample. (7) Any person who is dead or unconscious shall be tested to determine the alcoholic content of the person's blood as provided in subsection (4) of this section. In addition to the tests prescribed, the blood of a dead person shall be checked for carbon monoxide content and for the presence of drugs, as prescribed by the department of public health and environment. All information obtained will be made a part of the accident report. (8) If a person refuses to submit to tests as provided for in subsection (4) of this section and the person subsequently stands trial for a violation of subsection (1) of this section, the refusal to submit to the tests shall be admissible into evidence at the trial, and a person may not claim the privilege against self-incrimination with regard to admission of refusal to submit to any tests. (9) The fact that any person charged with a violation of subparagraph (II) or (III) of paragraph (a) of subsection (1) of this section is or has been entitled to use the controlled substance or drug under the laws of this state shall not constitute a defense against any person charged with the violation. vilege against self-incrimination with regard to admission of refusal to submit to any tests. (9) The fact that any person charged with a violation of subparagraph (II) or (III) of paragraph (a) of subsection (1) of this section is or has been entitled to use the controlled substance or drug under the laws of this state shall not constitute a defense against any person charged with the violation. (10) No court shall accept a plea of guilty to a non-alcohol-related or non-drug-related boating offense from a person charged with a violation of subsection (1) of this section unless the prosecuting attorney makes a good faith representation that a prima facie case could not be established if the defendant were brought to trial on the original alcohol-related or drug-related offense. (11) When a peace officer has reasonable grounds to believe that a person is operating a vessel while under the influence of alcohol or that the operator has been involved in a boating accident resulting in injury or death, the peace officer may request the operator to provide a sample of the operator's breath for a preliminary screening test. The test shall be given using a device approved by the executive director of the department of public health and environment as being accurate to within ten percent of the actual reading obtained by the officer upon administering the test. The results of this preliminary screening test may be used for the purpose of deciding whether an arrest should be made and whether to administer a test pursuant to paragraph (b) of subsection (4) of this section but shall not be used in any court action except to prove that a test was properly authorized pursuant to this section. The results of the test shall be made available to the operator or the operator's attorney upon request. The preliminary screening test shall not constitute the test for the purposes of subsection (4) of this section. (12) (a) Every person who is convicted of a violation of subsection (1) of this section shall be punished by imprisonment in the county jail for not less than five days nor more than one year, and, in addition, the court may impose a fine of not less than six hundred dollars nor more than one thousand dollars and the court has the discretion to suspend the fine. Except as provided in subsection (12)(c) of this section, the minimum period of imprisonment provided for the violation shall be mandatory. In addition to any other penalty that is imposed, every person who is convicted of a violation to which this subsection (12)(a) applies shall perform at least forty-eight hours but no more than ninety-six hours of useful public service. (b) Upon a conviction of a subsequent violation of subsection (1) of this section, the offender shall be punished by imprisonment in the county jail for not less than sixty days nor more than one year, and, in addition, the court may impose a fine of not less than six hundred dollars nor more than one thousand dollars and the court has the discretion to suspend the fine. The minimum period of imprisonment as provided for the violation shall be mandatory, but the court may suspend up to fifty days of the period of imprisonment if the offender complies with subsection (12)(c) of this section. In addition to any other penalty that is imposed, every person convicted of a violation to which this subsection (12)(b) applies shall perform not less than forty-eight hours nor more than one hundred twenty hours of useful public service. The performance of the minimum period of service shall be mandatory, and the court shall have no discretion to suspend the mandatory minimum period of performance of the service. other penalty that is imposed, every person convicted of a violation to which this subsection (12)(b) applies shall perform not less than forty-eight hours nor more than one hundred twenty hours of useful public service. The performance of the minimum period of service shall be mandatory, and the court shall have no discretion to suspend the mandatory minimum period of performance of the service. (c) The mandatory minimum sentence of any person subject to subsection (12)(a) of this section may be suspended to the extent provided for in said subsection if the offender receives a presentence alcohol and drug evaluation and, based on that evaluation, if the offender satisfactorily completes and meets all financial obligations of an appropriate level I or level II alcohol and drug driving safety education or treatment program as is determined to be appropriate by the alcohol and drug evaluation pursuant to section 42-4-1301.3. If, at any time during the one-year period, the offender does not satisfactorily comply with the conditions of the suspension, that sentence shall be reimposed, and the offender shall serve that portion of the sentence that was suspended. The court, at any time, has the discretion to employ sentencing alternatives described in section 18-1.3-106. (d) In addition to any other penalty provided by law, the court may sentence a defendant who is convicted pursuant to this section to a period of probation for the purposes of treatment not to exceed two years. (e) For the purposes of this subsection (12), "useful public service" has the meaning set forth in section 42-4-1301.4, C.R.S., and the useful public service program authorized therein shall be utilized for the purposes of this subsection (12). An offender sentenced to a useful public service program shall complete the same within the time established by the court. In addition to any other penalties, fines, fees, or costs prescribed in this section, the court shall assess an amount not to exceed the amount established in section 42-4-1301.4, C.R.S., upon any person required to perform useful public service. The amount shall be used only to pay for the costs authorized in section 42-4-1301.4, C.R.S. (f) For the purposes of this subsection (12), "alcohol and drug driving safety education or treatment" has the meaning set forth in section 42-4-1301.3, C.R.S., and the alcohol and drug driving safety program and the presentence alcohol and drug evaluations authorized in said section shall be utilized for the purposes of this subsection (12). The presentence alcohol and drug evaluation shall be conducted on all persons convicted of a violation of subsection (1) of this section; except that this requirement shall not apply to persons who are not residents of Colorado at the time of sentencing. Any defendant sentenced to level I or level II education or treatment programs shall be instructed by the court to meet all financial obligations of the programs. If the financial obligations are not met, the sentencing court shall be notified for the purpose of collection or review and further action on the defendant's sentence. In addition to any other penalties, fines, fees, or costs prescribed in this section, the court shall assess an amount, not to exceed the amount established in section 42-4-1301.3, C.R.S., upon any person convicted of a violation of subsection (1) of this section. The amount shall be used only to pay for the costs authorized in section 42-4-1301.3, C.R.S. The court shall consider the alcohol and drug evaluation prior to sentencing. This paragraph (f) is also applicable to any defendant who receives a diversion in accordance with section 18-1.3-101, C.R.S., or who receives a deferred sentence in accordance with section 18-1.3-102, C.R.S. (1) of this section. The amount shall be used only to pay for the costs authorized in section 42-4-1301.3, C.R.S. The court shall consider the alcohol and drug evaluation prior to sentencing. This paragraph (f) is also applicable to any defendant who receives a diversion in accordance with section 18-1.3-101, C.R.S., or who receives a deferred sentence in accordance with section 18-1.3-102, C.R.S. (g) Upon a conviction for a first offense for a violation of subsection (1) of this section, in addition to any other penalties, fines, fees, or costs imposed, the court shall order the person to not operate a vessel for a three-month period. Upon a conviction for a subsequent offense for a violation of subsection (1) of this section, in addition to any other penalties, fines, fees, or costs imposed, the court shall order the person to not operate a vessel for a one-year period. For the purposes of this paragraph (g), "conviction" includes a conviction in any court of record or municipal court, a plea of no contest accepted by the court, or the forfeiture of any bail or collateral deposited to secure a defendant's appearance in court or the failure to appear in court by a defendant charged with a violation of subsection (1) of this section who has been issued a summons and complaint to appear pursuant to section 33-15-102 (2). (h) Upon a plea of guilty or a verdict of guilty by the court or a jury to any offense specified in subsection (1) of this section, the court shall order the defendant to immediately report to the sheriff's department in the county where the defendant was convicted. At that time, the defendant's fingerprints and photographs shall be taken and returned to the court, which fingerprints and photographs shall become a part of the court's official documents and records pertaining to the defendant's conviction and the defendant's identification in association with the conviction. In any trial for a violation of any of the offenses specified in subsection (1) of this section, a duly authenticated copy of the record of former convictions and judgments of any court of record for any of said crimes against the party indicted or informed against shall be prima facie evidence of the convictions and may be used in evidence against the party. Identification photographs and fingerprints that are part of the record of such former convictions and judgments of any court of record or are part of the record at the place of the party's incarceration after sentencing for any of such former convictions and judgments shall be prima facie evidence of the identity of the party and may be used in evidence against the party. Any person who fails to immediately comply with the court's order to report to the sheriff's department, to furnish fingerprints, or to have photographs taken may be held in contempt of court. (13) (a) No owner or operator of a vessel shall knowingly authorize the vessel to be operated by or come under the actual physical control of any other person if the person is under the influence of alcohol, a controlled substance or any other drug, or any combination of alcohol, controlled substance, or drug. to furnish fingerprints, or to have photographs taken may be held in contempt of court. (13) (a) No owner or operator of a vessel shall knowingly authorize the vessel to be operated by or come under the actual physical control of any other person if the person is under the influence of alcohol, a controlled substance or any other drug, or any combination of alcohol, controlled substance, or drug. (b) Any person who violates subsection (13)(a) of this section commits a class 2 misdemeanor. (14) In all actions, suits, and judicial proceedings in any court of this state concerning alcohol-related or drug-related vessel offenses, the court shall take judicial notice of methods of testing a person's alcohol or drug level and of the design and operation of devices, as certified by the department of public health and environment, for testing a person's blood, breath, saliva, or urine to determine the alcohol or drug level. This subsection (14) shall not prevent the necessity of establishing during a trial that the testing devices used were in proper working order and that the testing devices were properly operated. Nothing in this subsection (14) shall preclude a defendant from offering evidence of the accuracy of the testing device. (15) As used in this section, "convicted" includes a plea of no contest accepted by the court. (16) (a) Upon conviction of or plea of no contest to a violation of this section, the court shall forward a certified copy of the conviction or plea to the division. (b) When a peace officer requests a person to submit to tests as required by subsection (4) of this section and the person refuses to submit to the tests, the officer shall forward to the division a verified report of all relevant information, including information that adequately identifies the person and a statement of the officer's probable cause for requesting the person to submit to the tests.

C.R.S. § 33-13-108.2 Operating a vessel while the privilege to operate is suspended

33-13-108.2. Operating a vessel while the privilege to operate is suspended. (1) Any person who operates a vessel in this state at a time when a court-ordered suspension of the operator's vessel operating privilege is in effect for a conviction of an alcohol- or drug-related operating offense pursuant to section 33-13-108.1 (1) commits a class 2 misdemeanor. However, in a case where the defendant is convicted and it is established that it was necessary to operate the vessel in violation of this subsection (1) because of an emergency, the mandatory jail sentence shall not apply, and, for a conviction, the court may impose a sentence of imprisonment in the county jail for a period of not more than one year and, in the discretion of the court, a fine of not more than one thousand dollars, and, for a subsequent conviction, the court may impose a sentence of imprisonment in the county jail for a period of not more than two years and, in the discretion of the court, a fine of not more than three thousand dollars. (2) In any trial in which a person is charged with a violation of subsection (1) of this section, a duly authenticated copy of the record of former convictions and judgments of any court of record against the party indicted or informed against for an alcohol- or drug-related vessel operating offense pursuant to section 33-13-108.1 shall be prima facie evidence of the convictions and judgments and may be used in evidence against the party. Identification photographs and fingerprints that are part of the record of such former convictions and judgments and the party's incarceration after sentencing for any of such former convictions and judgments shall be prima facie evidence of the identity of the party and may be used in evidence against the party. (3) Upon a subsequent conviction under subsection (1) of this section within five years after the first conviction, in addition to the penalty prescribed in said subsection (1), the court shall order the defendant to not operate a vessel in this state for a period of two years after the subsequent conviction. (4) Upon conviction of or a plea of no contest to a violation of this section, the court shall forward a certified copy of the conviction or plea to the division.

C.R.S. § 33-13-108.3 Records to be kept by the division

33-13-108.3. Records to be kept by the division. The division shall file all abstracts of court records of convictions of violations of sections 33-13-108.1 and 33-13-108.2 and shall maintain a suitable alphabetical index for such file.

C.R.S. § 33-13-109 Collisions, accidents, and casualties - rules

33-13-109. Collisions, accidents, and casualties - rules. (1) The operator of a vessel involved in a collision, accident, or other casualty shall, so far as he can do so without serious danger to his own vessel, crew, and passengers, if any, render to other persons affected by the collision, accident, or casualty such assistance as may be practicable and necessary in order to save them from or to minimize any danger caused by the collision, accident, or other casualty, and he shall give his name and address and the identification of his vessel, including the name and address of the owner if different from that of the operator, in writing to any person injured and to the owner of any property damaged in the collision, accident, or other casualty. (2) The commission shall adopt rules concerning notification and reporting procedures to be followed in the case of a collision, accident, or other casualty involving a vessel or its equipment. The regulations must be consistent with applicable federal requirements. (3) The owner or operator of a vessel involved in a collision, accident, or other casualty shall report the collision, accident, or casualty as provided in the rules of the commission. (4) and (5) (Deleted by amendment, L. 2003, p. 1947, § 22, effective May 22, 2003.) (6) Any person who violates subsection (1) or (3) of this section commits a petty offense and, upon conviction, shall be punished by a fine of seventy-five dollars.

C.R.S. § 33-13-110 Water skis, aquaplanes, surfboards, inner tubes, stand-up paddleboards, and similar devices - rules

33-13-110. Water skis, aquaplanes, surfboards, inner tubes, stand-up paddleboards, and similar devices - rules. (1) (a) No person shall operate or manipulate any vessel, towrope, or other device by which the direction, speed, or location of water skis, an aquaplane, a surfboard, an inner tube, or any similar device may be affected or controlled in such a way as to cause such device or any person thereon to collide with or strike against any object or person. (b) No person shall operate, manipulate, or ride water skis, an aquaplane, a surfboard, an inner tube, or any similar device towed behind a vessel in a careless or imprudent manner without due regard for other traffic and all other attendant circumstances on the water. (c) Any person who violates this subsection (1) commits a civil infraction and, upon conviction, shall be punished by a fine of two hundred dollars. (2) (a) Any person on water skis, an aquaplane, a surfboard, an inner tube, or any similar device shall wear a personal flotation device. (b) The commission shall promulgate such rules as are necessary or desirable for the safe use of water skis, aquaplanes, surfboards, inner tubes, stand-up paddleboards, and other similar devices. (c) In addition, the commission may promulgate rules to prohibit recreational activities pertaining to the use of all single-chambered air-inflated devices, including inner tubes and air mattresses, on rivers and streams when water conditions are considered dangerous to such activities and when bodily injury may result to participants of those activities. (c.5) Any person on a stand-up paddleboard shall have readily accessible a personal flotation device that is of a type approved by the commandant of the United States Coast Guard and is in good and serviceable condition. (d) Any person who violates this subsection (2) commits a civil infraction and, upon conviction, shall be punished by a fine of one hundred dollars. (3) (a) A person shall not operate, manipulate, or ride water skis, an aquaplane, a surfboard, an inner tube, a stand-up paddleboard, or any similar device while under the influence of alcohol, a controlled substance as defined in section 18-18-102 (5), or any other drug, or any combination thereof, that renders the person incapable of the safe operation of the device. (b) Any person who violates this subsection (3) commits a civil infraction.

C.R.S. § 33-13-111 Authority to close waters - rules

33-13-111. Authority to close waters - rules. (1) (a) The commission shall promulgate rules to prohibit the operation of vessels on any waters of the state and ordering the removal of vessels from any waters of the state when such operation constitutes or may constitute a hazard to human life or safety. (b) For purposes of this subsection (1), "vessels" shall not include white water canoes and kayaks except in the case of: (I) A state of disaster emergency pursuant to section 24-33.5-704 or 24-33.5-709, C.R.S.; (II) Disaster relief efforts that are underway and that may include debris removal; (III) An accident or other emergency that occurs in or immediately adjacent to the water body; (IV) Rescue efforts for victims that are actively underway and such efforts would be hindered by additional waterway traffic; or (V) Active construction or transportation projects authorized under state or federal law. (2) Any parks and recreation officer or other peace officer as defined in section 33-10-102 has the authority to enforce this section under the rules promulgated by the commission. (3) Any person who fails to obey an order issued under this section commits a civil infraction and, upon conviction, shall be punished by a fine of one hundred dollars.

C.R.S. § 33-13-112 Enforcement - applicability

33-13-112. Enforcement - applicability. (1) Every parks and recreation officer and other peace officer of this state has the authority to enforce the provisions of this article and, in the exercise thereof, has the authority to stop and board any vessel; except that the officer shall have reasonable suspicion prior to boarding any vessel. (2) The provisions of this article and the rules and regulations promulgated pursuant thereto shall apply to all waters of this state; except that such provisions shall not apply to standing bodies of water on private property which are used for private, noncommercial purposes.

C.R.S. § 33-13-113 Municipal corporations or organizations - powers

33-13-113. Municipal corporations or organizations - powers. Nothing in this article shall be construed to prevent municipal corporations or quasi-municipal corporations, including, but not limited to, metropolitan recreation districts, from policing lakes or bodies of water located within all or part of the territorial boundaries of any such entities. Any person designated by such entities to engage in policing work upon said bodies of water may be commissioned by the division to enforce the provisions of this article as an authorized representative of the division. In addition, said entities shall also be empowered to charge and collect reasonable permit fees to defer the expense of such policing operations without the obligation of remitting such fees to the division, but such fees shall be in addition to those otherwise provided for in this article. Such entities are empowered to adopt and enforce reasonable rules and regulations governing the use of vessels on the bodies of water patrolled under their supervision if such rules and regulations do not conflict with the provisions of this article.

C.R.S. § 33-13-113.5 Report required - when

33-13-113.5. Report required - when. The division shall report immediately to the president of the senate and the speaker of the house of representatives if funds received from the federal government for recreational boating safety under the state boating safety programs, 46 U.S.C. sec. 13101 et seq., as amended, or any successor program, cease or are expected to cease for any reason.

C.R.S. § 33-13-114 Copies of laws and regulations furnished

33-13-114. Copies of laws and regulations furnished. (Repealed)

C.R.S. § 33-13-116 Repeal of sections

33-13-116. Repeal of sections. Sections 33-13-103, 33-13-104, 33-13-105, and 33-13-107 are repealed, effective September 1, 2026. Prior to the repeal, the function of registration and regulation of vessels shall be reviewed as provided for in section 24-34-104, C.R.S.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-33.docxFetched: 10/6/2026