New Mexico Administrative Code
Title 18 - TRANSPORTATION AND HIGHWAYS
Chapter 17 - NAVIGATION AND BOATING
Part 4 - BOATING SAFETY EDUCATION
Section 18.17.4.7 - DEFINITIONS

A. "Approved course provider" means a division-approved person or organization that provides a NASBLA approved and state certified boating safety course and exam.

B. "Boater education card" means a division-issued document certifying that the person named on the document has established proof of competency and is authorized to operate a boat in New Mexico.

C. "Boating safety course" means a NASBLA approved division-certified course of instruction that concludes with an examination containing at least 50 questions including a minimum of 10 specific questions about New Mexico boating laws.

D. "Certificate" means a boating education safety certificate issued by the United States power squadrons, United States coast guard auxiliary, the division or other approved course provider as evidence of successful completion of a boating safety course or correspondence internet course.

E. "Correspondence internet course" means a boating safety course and examination the division or approved course provider offers on the internet that allows individuals who are unable to participate in person in a boating safety course a means providing proof of competency. The exam shall be composed of at least 50 questions on boating plus a minimum of 10 specific questions that cover laws and other issues pertaining to boating in New Mexico. The exam shall be randomly selected from a database with a minimum of 150 questions; and questions shall address each of the key areas of general boat information, national and New Mexico specific boating laws, boat operation, preparation and trailering, legal requirements and boating emergencies.

F. "Department" means the energy, minerals and natural resources department.

G. "Division" means the energy, minerals and natural resources department, state parks division.

H. "Dockside safety checklist" means a division-provided document that consists of selected facts about New Mexico boating laws that a rental or livery agent that rents or leases motorboats for a period that does not exceed 30 days shall provide to each authorized motorboat operator of a leased or operated motorboat, which each authorized motorboat operator shall read and sign.

I. "Equivalency exam" means a division-created exam containing at least 50 questions on boating plus a minimum of 10 specific questions that cover laws and other issues pertaining to boating in New Mexico, which is intended to provide experienced boaters with an opportunity to meet the minimum boating education safety standard without taking boating safety course.

J. "Minimum standard of boating safety education competency" means a division-established proficiency standard, based on NASBLA standards, that determines whether an applicant for a boating education card has successfully completed a boating safety or correspondence internet course or an equivalency exam.

K. "Motorboat" means any vessel propelled by machinery, whether or not machinery is the principal source of propulsion, but does not include a vessel that has a valid marine document issued by the United States bureau of customs or any federal agency successor thereto; motorboat includes any vessel propelled or designed to be propelled by sail and that does not have a valid document issued by a federal agency, but does not include a sailboard or windsurf board.

L. "NASBLA" means the national association of state boating law administrators.

M. "Operate" or "Operating" means to navigate or otherwise control a motorboat's movement including control of the motorboat's propulsion system.

N. "Operator" means the person who navigates or is otherwise in control or in charge of the motorboat's movement, including control of the motorboat's propulsion system.

O. "Person" means an individual, partnership, firm, corporation, association, joint venture or other entity.

P. "Proof of competency" means evidence of having met the minimum standard for boating safety education competency as determined by the division.

Q. "Rental agent" means the owner, or an employee of or person authorized to act for the owner, of a business that rents or leases motorboats for a period not exceeding 30 days.

R. "Rental motorboat" means a motorboat owned by a person that rents or leases motorboats for a period not exceeding 30 days and for which there is a written and signed rental, charter or lease agreement for the motorboat.

S. "Replacement boater education card" means a boater education card the division provides to a person who the division has already issued a boater education card and who has applied for the replacement of a boater education card that has been lost, damaged, stolen or otherwise needs replacement.

T. "Vessel" means every description of watercraft, other than a seaplane, used or capable of being used as a means of transportation on the water.

U. "Waters of the state" means any waters within the state's jurisdiction.