Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Prior to the issuance of a For-Hire Vessel Operator's License, every applicant shall meet the following requirements:
(1) Have attained the age of eighteen (18) years.
(2) Show evidence of at least one year's experience in operating the type of motorboat or motor vessel for which the applicant requests license to operate, on the type of water for which applicant requests license to operate.
(A) (Reserved)
(B) Other experience or training, which in the judgment of the Department is a reasonable equivalent, may be substituted.
(3) Furnish information to the Department on forms provided by the Department regarding the following:
(A) Name, address, date and place of birth, and description of applicant.
(B) Type of vessel the applicant requests license to operate.
(C) Waters on which applicant requests license to operate.
(D) Statement as to physical defects.
(E) Statement of experience and training in vessel operation.
(F) Certified statements regarding applicant's boat handling ability and moral character from three persons having knowledge of these matters but who are not members of the applicant's family.
(G) Certification of the truth of the statements submitted in his application.
(H) Applicant's signature.
(4) Submit a report, on forms provided by the Department, of a medical examination by a licensed physician within sixty (60) days of the date of application indicating:
(A) Diseases and other physical or mental defects. Conditions such as epilepsy, insanity, senility, acute general disease or neurosyphilis, badly impaired hearing, or other defect that would render the applicant incompetent to perform the ordinary duties of a licensed operator are grounds for refusal to issue a license.
(B) Possession, either with or without glasses, of at least 20/20 vision in one eye and at least 20/40 in the other. The applicant who wears glasses, however, must also be able to pass a test without glasses of at least 20/100 in both eyes.
(C) Unimpaired color sense as tested by a test utilized by the U.S. Coast Guard to determine color sense, or a similar test. This requirement may be waived if the operation of vessels for which the license is sought will be limited to hours of daylight; provided that any license issued on the basis of such waiver will be limited to operation of vessels during hours of daylight.
(D) Any of the requirements of this subdivision (4) may be waived where the Department determines that because of exceptional and unusual experience and skill or because of other unusual qualifications, the applicant evidences that he is a reliable and competent operator of the type of vessel for which he requests license to operate, on the water on which he requests license to operate. In granting any such waiver, the Department may impose such restrictions, limitations and conditions on the operation of for-hire vessels by such applicant as the Department deems necessary for the safety and protection of all persons carried on board such vessels.
(5) Successfully complete a written test of knowledge of factors affecting boat operation, including:
(A) State laws and regulations governing operation and equipment of undocumented vessels.
(B) Fire protection measures.
(C) Vessel and motor maintenance.
(D) Navigational aids.
(E) Safe operation of motorboats.
(F) First aid and life saving measures.
(6) In addition to the above requirements, an actual demonstration of the applicant's ability to exercise ordinary and reasonable control in operating a vessel may also be required.
(b) Upon presentation to the Department of a valid master's, mate's, or operator's license issued by the U.S. Coast Guard as authorized by 46 CFR 15.605 and 15.607, the Department may waive the requirements listed in subdivisions (2), (3) (F), (4), (5) and (6) of subsection 7501(a).
(c) The Department may at any time terminate restrictions, limitations and conditions placed on a license whenever the licensee furnishes evidence that the basis for the restrictions, limitations and conditions no longer exists.
1. Amendment of subsection (a)(4)(B) filed 9-6-73; effective thirtieth day thereafter (Register 73, No. 36).
2. Order of Repeal of subsection (a)(2)(A) filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
3. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41).
4. Amendment of subsection (b) filed 4-2-90; operative 5-2-90 (Register 90, No. 17).
Note: Authority cited: Section 770, Harbors and Navigation Code. Reference: Section 767, Harbors and Navigation Code.
