Penalties

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  • (a) Any person who violates any provision of sections 292–294, 296(a), 298 and 301 of this title shall be guilty of a misdemeanor and shall be subject to a fine of not to exceed $50 for each such violation.

  • (b) Any person who violates any provision of sections 296(b) and 300 of this title shall be guilty of a misdemeanor and shall be subject to a fine of not to exceed $100 for each such violation.

  • (c) Any person who violates any provision of section 297 of this title shall be guilty of a misdemeanor and shall be subject to a fine of not to exceed $500 or imprisonment for not to exceed 6 months, or both for each violation.

  • (d) Any person who violates section 297a(a) of this title shall be guilty of a misdemeanor and shall be subject to a fine not to exceed $1,000 or imprisonment not to exceed one year or both for a first violation. For any subsequent violation of section 297a(a) of this title, the person shall be subject to a fine not to exceed $2,000 or imprisonment not to exceed two years or both.

  • (e) Any person who violates section 297 or 297a

    • (1) if the infraction resulted in a reportable boating accident pursuant to section 298(b), and

    • (2) any person convicted of two infractions under this chapter within a 12-month period, shall in addition to the penalties imposed in sections 297 and 297a

      • (A) enroll in, attend, and successfully complete, at his own expense, a boating safety course that meets minimum standards established by the Commissioner;

      • (B) file with the Department within 90 days proof of successful completion of the course; and

      • (C) refrain from operating a vessel until he has filed the proof of successful completion of the course with the Department.

    • (3) Any person who has successfully completed an approved boating course shall be exempt from these provisions upon showing proof to the commission as specified in paragraph (b).

    • (4) For the purposes of this section, “conviction” means a finding of guilt, or the acceptance of a plea of guilty or nolo contendere, regardless of whether or not adjudication was withheld or whether imposition of sentence was withheld, deferred, or suspended.

    • (5) The Commissioner shall print on the reverse side of the defendant's copy of the boating citation a notice of the provisions of this section. Upon conviction, the clerk of the court shall notify the defendant that it is unlawful for him to operate any vessel until he or she has complied with this section, but failure of the clerk of the court to provide such a notice shall not be a defense to a charge of unlawful operation of a vessel under subsection.


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