N.M. Admin. Code § 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.
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