Kentucky Statutes 235.240 – Prohibition of operation of boat negligently or while intoxicated or drugged — Consent to test for alcohol or drugs — Elements of operation under influence of alcohol or other substance
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(1) A person shall not operate any motorboat or vessel, or manipulate any water skis, surfboard, or similar device, in a reckless or negligent manner so as to endanger the life or property of any person.
(2) A person shall not operate any motorboat or vessel, or manipulate any water skis, surfboard, or similar device, while intoxicated or under the influence of any other substance which impairs one’s driving ability.
(3) Any person who operates a vessel upon the waters of the Commonwealth shall be deemed to have given consent to a test or tests as accepted by the state‘s evidentiary mandate for the purpose of determining the operator’s alcohol concentration or the presence of other drugs. The test or tests shall be administered at the direction of a law enforcement officer who has probable cause to believe that the operator may have been violating this section.
(4) For the purposes of enforcing subsection (2) of this section, the elements of the offense are those established in KRS § 189A.010(1) to (4), except that the penalties for this offense are set forth in KRS § 235.990.
Effective: June 27, 2019
History: Amended 2019 Ky. Acts ch. 171, sec. 1, effective June 27, 2019. — Amended
2000 Ky. Acts ch. 467, sec. 22, effective October 1, 2000. — Amended 1998 Ky. Acts ch. 22, sec. 3, effective March 3, 1998. — Created 1960, Ky. Acts ch. 68, Art. VIII, sec. 26, effective March 17, 1960.
(2) A person shall not operate any motorboat or vessel, or manipulate any water skis, surfboard, or similar device, while intoxicated or under the influence of any other substance which impairs one’s driving ability.
Terms Used In Kentucky Statutes 235.240
- Motorboat: means any vessel propelled by machinery, whether or not such machinery is the principal source of propulsion, except for the following:
(a) Boats or vessels propelled totally by a direct current battery-powered motor when used on private waters. See Kentucky Statutes 235.010 - Operate: means to navigate or otherwise use a motorboat or a vessel. See Kentucky Statutes 235.010
- Person: means an individual, partnership, firm, corporation, association, or
other entity. See Kentucky Statutes 235.010 - Probable cause: A reasonable ground for belief that the offender violated a specific law.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Vessel: means every description of watercraft, other than a seaplane on the water. See Kentucky Statutes 235.010
(3) Any person who operates a vessel upon the waters of the Commonwealth shall be deemed to have given consent to a test or tests as accepted by the state‘s evidentiary mandate for the purpose of determining the operator’s alcohol concentration or the presence of other drugs. The test or tests shall be administered at the direction of a law enforcement officer who has probable cause to believe that the operator may have been violating this section.
(4) For the purposes of enforcing subsection (2) of this section, the elements of the offense are those established in KRS § 189A.010(1) to (4), except that the penalties for this offense are set forth in KRS § 235.990.
Effective: June 27, 2019
History: Amended 2019 Ky. Acts ch. 171, sec. 1, effective June 27, 2019. — Amended
2000 Ky. Acts ch. 467, sec. 22, effective October 1, 2000. — Amended 1998 Ky. Acts ch. 22, sec. 3, effective March 3, 1998. — Created 1960, Ky. Acts ch. 68, Art. VIII, sec. 26, effective March 17, 1960.