Terms Used In California Codes > Harbors and Navigation Code > Division 3 > Chapter 5 - Operation and Equipment of Vessels

• Account: means either of the two accounts created under Section 1067. See California Insurance Code 1067.04
• Acquisition: means the acquisition of a fee interest or any other interest, including easements, leases, and development rights. See California Water Code 79505
• Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
• Adjusted RBC Report: means a Risk-Based Capital (RBC) report that has been adjusted by the commissioner in accordance with subdivision (b) or (c) of Section 739. See California Insurance Code 739
• Alcohol: means any form or derivative of ethyl alcohol (ethanol). See California Harbors and Navigation Code 651
• Alcohol concentration: means either grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath. See California Harbors and Navigation Code 651
• Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Associated equipment: means any of the following, excluding radio equipment:

  California Harbors and Navigation Code 651

• Association: means the California Life and Health Insurance Guarantee Association created pursuant to Section 1067. See California Insurance Code 1067.04
• Authorized: when used in the context of assessments, means authorized by a resolution of the board of directors. See California Insurance Code 1067.04
• Authorized assessment: means an assessment, to be called immediately or in the future from member insurers for a specified amount, that is authorized by a resolution of the board of directors. See California Insurance Code 1067.04
• Authorized Control Level RBC: means the number determined under the risk-based capital formula in accordance with the RBC Instructions. See California Insurance Code 739
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• bathing: means a person floating, swimming, wading, or bodysurfing, with or without the use of a flotation device, including, but not limited to, floating upon or with the aid of a surfboard, paddle board, surfmat, innertube, life preserver, or air mattress, except a flotation device which is designed to be propelled by sail, mechanical means, power, oars, or paddle. See California Harbors and Navigation Code 651.1
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Benefit plan: means a specific employee, union, or association of natural persons benefit plan. See California Insurance Code 1067.04
• Best value: means a competitive procurement process whereby the selected proposer is selected on the basis of objective criteria for evaluating the qualifications of proposers with the resulting selection representing the best combination of price and qualifications. See California Education Code 17400
• Best value score: means the total score awarded to a proposer for all scored evaluation factors. See California Education Code 17400
• Board: means the State Water Resources Control Board. See California Water Code 79505
• Boat: means any vessel that is any of the following:

  California Harbors and Navigation Code 651

• Building: includes each of the following:

  California Education Code 17400

• CALFED: means the consortium of state and federal agencies with management and regulatory responsibilities in the San Francisco Bay/Sacramento-San Joaquin Delta Estuary. See California Water Code 79505
• CALFED Bay-Delta Program: means the undertaking by CALFED to develop and implement, by means of the final programmatic environmental impact statement/environmental impact report, the preferred programs, actions, projects, and related activities that will provide solutions to identified problem areas related to the San Francisco Bay/Sacramento-San Joaquin Delta Estuary ecosystem, including but not limited to the Bay-Delta and its tributary watersheds. See California Water Code 79505
• Called: when used in the context of assessments, means required by notice to be paid by member insurers. See California Insurance Code 1067.04
• Called assessment: means an assessment as to which a notice has been issued by the association to member insurers requiring that an authorized assessment be paid within a timeframe set forth in the notice. See California Insurance Code 1067.04
• Charter boat: means a for-hire vessel operating on navigable water of the state in the coastal zone, as defined in §. See California Harbors and Navigation Code 773.2
• Charterer: means a person who receives compensation for contracting with an operator to transport three or more passengers. See California Harbors and Navigation Code 773.2
• Chemical test: means a test that analyzes an individual's breath, blood, or urine for evidence of drug or alcohol use. See California Harbors and Navigation Code 651
• City: includes city and county. See California Harbors and Navigation Code 15
• City: includes "city and county. See California Insurance Code 15
• Coast Guard: means the United States Coast Guard. See California Harbors and Navigation Code 773.2
• Commissioner: means the Insurance Commissioner of this State. See California Insurance Code 20
• Commissioner: means the Insurance Commissioner. See California Insurance Code 1067.04
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Company: means any person engaging in, or proposing or attempting to engage in, any transaction or kind of insurance or surety business and any person or group of persons who may otherwise be subject to the administrative, regulatory, or taxing authority of the commissioner. See California Insurance Code 729
• Company Action Level RBC: means , with respect to any insurer, the product of 2. See California Insurance Code 739
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Consent: means agreement to administrative supervision by the insurer. See California Insurance Code 1077
• Continuance: Putting off of a hearing ot trial until a later time.
• Contractual obligation: means any obligation under a policy or contract, or certificate under a group policy or contract, or portion thereof, for which coverage is provided under Section 1067. See California Insurance Code 1067.04
• Controlled substance: means controlled substance as defined in §. See California Harbors and Navigation Code 651
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Corrective Order: means an order issued by the commissioner specifying corrective actions that the commissioner has determined are required. See California Insurance Code 739
• County: includes city and county. See California Water Code 14
• County: includes city and county. See California Harbors and Navigation Code 14
• County: includes "city and county. See California Insurance Code 14
• County: includes city and county. See California Business and Professions Code 17
• County: includes city and county. See California Food and Agricultural Code 29
• Covered policy: means a policy or contract or portion of a policy or contract for which coverage is provided under Section 1067. See California Insurance Code 1067.04
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the Department of Water Resources. See California Water Code 79505
• Department: means the Department of Food and Agriculture. See California Food and Agricultural Code 32
• Department: means the Department of Boating and Waterways. See California Harbors and Navigation Code 651
• Dependent: A person dependent for support upon another.
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• Devise: To gift property by will.
• Director: means the Director of Boating and Waterways. See California Harbors and Navigation Code 651
• Disadvantaged community: means a community with an annual median household income that is less than 80 percent of the statewide annual median household income. See California Water Code 79505.5
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Domestic: means organized under the laws of this State, whether or not admitted. See California Insurance Code 26
• Domestic insurer: means any life or health insurer or property and casualty insurer organized in this state. See California Insurance Code 739
• Drug: means any substance or combination of substances other than alcohol that could so affect the nervous system, brain, or muscles of a person as to impair to an appreciable degree the person's ability to operate a vessel in the manner that an ordinarily prudent person, in full possession of their faculties, using reasonable care, would operate a similar vessel under like conditions. See California Harbors and Navigation Code 651
• Employee welfare benefit plan: as used in this article , has the same meaning as that contained in Section 1002(1) of Title 29 of the United States Code. See California Insurance Code 742.21
• environment: means the aggregate of all factors that influence the conditions of life in or about the state or within any portion thereof, and which are affected by the use of pesticides or related materials within the state. See California Food and Agricultural Code 14101
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Examiner: means any individual or firm authorized by the commissioner to conduct an examination under this article. See California Insurance Code 729
• Exceeded its powers: means any of the following conditions:

  California Insurance Code 1077

• Fiduciary: A trustee, executor, or administrator.
• for-hire vessel: includes any vessel propelled by machinery carrying more than three passengers for hire, except the following:

  California Harbors and Navigation Code 760

• For-hire vessel: means a for-hire vessel as defined in §. See California Harbors and Navigation Code 773.2
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Foreign: means not organized under the laws of this State, whether or not admitted. See California Insurance Code 27
• Foreign insurer: means any life or health insurer or property and casualty insurer that is licensed to do business in this state but is not domiciled in this state. See California Insurance Code 739
• Fraud: Intentional deception resulting in injury to another.
• Fund: means the Water Security, Clean Drinking Water, Coastal and Beach Protection Fund of 2002 created pursuant to Section 79510. See California Water Code 79505
• Germane: On the subject of the pending bill or other business; a strict standard of relevance.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• Greenhouse: means a structure covered with transparent or translucent materials for the purpose of admitting natural light and controlling the atmosphere for growing plants, including floricultural, ornamental, or other nursery and agricultural products. See California Food and Agricultural Code 33
• Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Impaired insurer: means a member insurer which, after the effective date of this article, is not an insolvent insurer, and is placed under an order of rehabilitation or conservation by a court of competent jurisdiction. See California Insurance Code 1067.04
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Insolvent insurer: means a member insurer that, after October 1, 1990, is placed under an order of liquidation by a court of competent jurisdiction with a finding of insolvency. See California Insurance Code 1067.04
• Insurance broker: means a person who, for compensation and on behalf of another person, transacts insurance other than life, disability, or health with, but not on behalf of, an insurer. See California Insurance Code 33
• Insurer: means and includes every person engaged as indemnitor, surety, or contractor in the business of entering into contracts of life or disability insurance or of annuities. See California Insurance Code 1077
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
• Kiting: Writing a check in an amount that will overdraw the account but making up the deficiency by depositing another check on another bank. For example, mailing a check for the mortgage when your checking account has insufficient funds to cover the check, but counting on receiving and depositing your paycheck before the mortgage company presents the check for payment. ^{Source: OCC}
• lease or agreement: shall include a lease-purchase agreement. See California Education Code 17401
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Lien: A claim against real or personal property in satisfaction of a debt.
• Life or health insurer: means any admitted insurer issuing insurance subject to Part 2 (commencing with Section 10110) of Division 2, or a licensed property and casualty insurer writing only disability insurance. See California Insurance Code 739
• Life preserver: means a life preserver approved and certified by the Coast Guard and capable of providing at least 90 percent of factory-rated flotation capacity. See California Harbors and Navigation Code 773.2
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Mandatory Control Level RBC: means the product of . See California Insurance Code 739
• Manufacturer: means any person engaged in any of the following:

  California Harbors and Navigation Code 651

• Matching funds: means funds made available by nonstate sources, which may include, but are not limited to, donated services from nonstate sources. See California Water Code 79505.5
• Member insurer: means any insurer licensed or which holds a certificate of authority to transact in this state any kind of insurance for which coverage is provided under Section 1067. See California Insurance Code 1067.04
• Mortgage: includes a trust deed, "mortgagor" includes a trustor under such trust deed, "mortgagee" includes a beneficiary under such trust deed, or a trustee exercising powers or performing duties granted to or imposed upon him thereunder, and "lien" in respect to real or personal property includes a charge or incumbrance arising out of a trust deed. See California Insurance Code 29
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
• Motorboat: means any vessel propelled by machinery, whether or not the machinery is the principal source of propulsion, but shall not include a vessel that has a valid marine document issued by the United States Coast Guard or any federal agency successor thereto. See California Harbors and Navigation Code 651
• Multiple employer welfare arrangement: as used in this article has the same meaning as that contained in Section 1002(40)(A) of Title 29 of the United States Code. See California Insurance Code 742.21
• NAIC: means the National Association of Insurance Commissioners. See California Insurance Code 739
• Negative trend: means , with respect to a life or health insurer, a negative trend over a period of time, as determined in accordance with the "Trend Test Calculation" included in the RBC Instructions defined in subdivision (i). See California Insurance Code 739
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• Oath: A promise to tell the truth.
• Operator: means a person owning, controlling, operating, or managing a for-hire vessel. See California Harbors and Navigation Code 773.2
• Operator: means the person aboard a vessel who meets any of the following:

  California Harbors and Navigation Code 651

• Outlays: Outlays are payments made (generally through the issuance of checks or disbursement of cash) to liquidate obligations. Outlays during a fiscal year may be for payment of obligations incurred in prior years or in the same year.
• Owner: is a person having all the incidents of ownership, including the legal title, of a vessel whether or not that person lends, rents, or pledges the vessel. See California Harbors and Navigation Code 651
• Partially self-funded: means a multiple employer welfare arrangement that undertook at all times and for a continuous period of five years to reimburse health benefit costs incurred by covered persons pursuant to the benefits and coverages provided by their plan exclusively from plan assets, provided, however, that these benefits are reimbursable to the multiple employer welfare arrangement by stop loss insurance only to the extent that the benefits exceed fifty thousand dollars ($50,000) per claim. See California Insurance Code 742.215
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Passenger: means every person carried on board a vessel other than any of the following:

  California Harbors and Navigation Code 651

• Person: means an individual, partnership, firm, corporation, limited liability company, association, or other entity, but does not include the United States, the state, or a municipality or subdivision thereof. See California Harbors and Navigation Code 651
• Person: means any individual, firm, partnership, for-profit corporation, nonprofit corporation, limited liability company, company, association, joint stock association, trustee, receiver, assignee, or other similar entity or representative. See California Harbors and Navigation Code 773.2
• Person: means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company. See California Water Code 19
• Person: means any person, firm, association, organization, partnership, limited liability company, business trust, corporation, or company. See California Harbors and Navigation Code 19
• Person: means any person, association, organization, partnership, business trust, limited liability company, or corporation. See California Insurance Code 19
• person: includes any individual, partnership, firm, association, or corporation. See California Business and Professions Code 17506
• Person: means an individual, corporation, limited liability company, partnership, association, governmental body or entity, or voluntary organization. See California Insurance Code 1067.04
• Person: means any person, association, organization, business trust, partnership, limited liability company, or corporation, or any affiliate thereof. See California Insurance Code 729
• Person: means any individual, partnership, association, corporation, limited liability company, or any organized group of persons whether incorporated or not. See California Food and Agricultural Code 38
• Personal property: All property that is not real property.
• Personal watercraft: means a vessel 13 feet in length or less, propelled by machinery, that is designed to be operated by a person sitting, standing, or kneeling on the vessel, rather than in the conventional manner of sitting or standing inside the vessel. See California Harbors and Navigation Code 651
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Plan sponsor: means any of the following:

  California Insurance Code 1067.04

• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Preconstruction services: means advice during the design phase including, but not limited to, scheduling, pricing, and phasing to assist the school district to design a more constructible project. See California Education Code 17400
• Premiums: means amounts or considerations, by whatever name called, received on covered policies or contracts less returned premiums, considerations, and deposits and less dividends and experience credits. See California Insurance Code 1067.04
• Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Property and casualty insurer: means any admitted insurer writing insurance as described in Section 102, 103, 105, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 118, 119. See California Insurance Code 739
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• RBC Instructions: means the RBC Report, including risk-based capital instructions adopted by the NAIC, and as the RBC Instructions may be amended by the NAIC from time to time in accordance with the procedures adopted by the NAIC. See California Insurance Code 739
• RBC Plan: means a comprehensive financial plan containing the elements specified in subdivision (b) of Section 739. See California Insurance Code 739
• RBC Report: means the report required in Section 739. See California Insurance Code 739
• Receivership court: means the court in the insolvent or impaired insurer's state having jurisdiction over the conservation, rehabilitation, or liquidation of the insurer. See California Insurance Code 1067.04
• Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. ^{Source: FDIC}
• Recreational vessel: means a vessel that is being used only for pleasure. See California Harbors and Navigation Code 651
• Regulatory Action Level RBC: means the product of 1. See California Insurance Code 739
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Resident: means residing in this State, "nonresident" means not residing in this State. See California Insurance Code 30
• Resident: means a person to whom a contractual obligation is owed and who resides in this state on the date of entry of a court order that determines a member insurer to be an impaired insurer or a court order that determines a member insurer to be an insolvent insurer. See California Insurance Code 1067.04
• Secretary: means the Secretary of the Resources Agency. See California Water Code 79505
• Secretary: means the Secretary of Food and Agriculture. See California Food and Agricultural Code 35
• self-funded: means a multiple employer welfare arrangement that undertook at all times and for a continuous period of five years to reimburse health benefit costs incurred by covered persons pursuant to the benefits and coverages provided by their plan exclusively from plan assets. See California Insurance Code 742.215
• Sell: includes offer for sale, expose for sale, possess for sale, exchange, barter, or trade. See California Food and Agricultural Code 44
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Site: includes one or more sites, and also may include any building or buildings located or to be located on a site. See California Education Code 17400
• State: means a state of the United States, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the District of Columbia. See California Harbors and Navigation Code 651
• State: means the State of California, unless applied to the different parts of the United States. See California Water Code 18
• State: means the State of California, unless applied to the different parts of the United States. See California Harbors and Navigation Code 20
• State: means the State of California, unless applied to the different parts of the United States. See California Insurance Code 28
• State: means a state, the District of Columbia, Puerto Rico, and a United States possession, territory, or protectorate. See California Insurance Code 1067.04
• Structured settlement annuity: means an annuity purchased in order to fund periodic payments for a plaintiff or other claimant in payment for, or with respect to, personal injury suffered by the plaintiff or other claimant. See California Insurance Code 1067.04
• Subdivision: means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. See California Water Code 10
• Subdivision: means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. See California Food and Agricultural Code 49
• Summons: Another word for subpoena used by the criminal justice system.
• Surplus line broker: means a person licensed under Section 1765 and authorized to do business under Chapter 6 (commencing with Section 1760) of Part 2 of Division 1. See California Insurance Code 47
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• Total Adjusted Capital: means the sum of:

  California Insurance Code 739

• Trend Test Calculation: include d in the RBC Instructions defined in subdivision (i). See California Insurance Code 739
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trustee: A person or institution holding and administering property in trust.
• Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
• Unallocated annuity contract: means an annuity contract or group annuity certificate which is not issued to and owned by an individual, except to the extent of any annuity benefits guaranteed to an individual by an insurer under the contract or certificate. See California Insurance Code 1067.04
• Undocumented vessel: means any vessel that is not required to have, and does not have, a valid marine document issued by the United States Coast Guard or any federal agency successor thereto. See California Harbors and Navigation Code 651
• United States: means the United States of America, and in relation to any particular matter includes the officers, agents, employees, agencies, or instrumentalities authorized to act in relation thereto. See California Water Code 20
• Use: means operate, navigate, or employ. See California Harbors and Navigation Code 651
• Verdict: The decision of a petit jury or a judge.
• Vessel: includes every description of a watercraft or other artificial contrivance used or capable of being used as a means of transportation on water, except either of the following:

  California Harbors and Navigation Code 651

• Waters of this state: means any waters within the territorial limits of this state. See California Harbors and Navigation Code 651
• Wetlands: means lands that may be covered periodically or permanently with shallow water and include saltwater marshes, freshwater marshes, open or closed brackish water marshes, swamps, mudflats, fens, and vernal pools. See California Water Code 79505
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.