As used in this Division the following definitions apply:
 
(1) "Approved-Course Provider" is a person or organization who provides a NASBLA approved Boating Safety Course or Equivalency Exam.
 
(2) "Boater Education Card" is a document issued by the Board certifying that the person named on the card has established proof of competency and is authorized to operate a boat in Oregon under ORS 830.082 to 830.096. The Boater Education Card is identical to the boating safety education certificate required in ORS 830.086.
 
(3) "Boating Safety Course" is any NASBLA approved course of instruction that concludes with an examination containing at least 50 questions including a minimum of 10 specific questions about Oregon boating laws.
 
(4) "Correspondence Course and Self Test" means a Boating Safety Course and examination provided by the Board that allows approved individuals who are unable to participate in a Boating Safety Class or Equivalency Exam a means of providing proof of competency.
 
(5) "Direct Supervision" occurs when a person possessing or exempt from having to possess a Boater Education Card maintains close visual and verbal contact with, provides adequate direction to, and can immediately assume control of a motorboat from an operator of a motorboat who is allowed to operate a motorboat without a Boater Education Card as provided in ORS 830.088. A person water skiing, or in the cabin of a boat is not considered to be in direct supervision.
 
(6) "Dockside Safety Checklist" means a document provided by the Board that consists of selected facts about Oregon boating laws that a rental or livery agent is required to present to renters of motorboats and must be read and checked by each operator of the motorboat before a motorboat can be rented and operated.
 
(7) "Equivalency Exam" is a written examination created by the Board containing at least 50 questions including a minimum of 10 specific questions about Oregon boating laws. The Equivalency Exam is intended to provide experienced boat operators with the opportunity to meet the Minimum Standard of Boating Safety Education Competency without having to take a Boating Safety Course.
 
(8) "Hardship" means a situation or condition that prevents the individual from participating in a Boating Safety Course or taking an Equivalency Exam within a reasonable amount of time or within reasonably close proximity to the individual's place of residence. A hardship situation may allow an individual to utilize a correspondence course provided by the Board to meet the Proof of Competency requirements contained in this Division. The Board director or his designee, has the authority to grant or deny hardship status requested by an individual.
 
(9) "Minimum Standard of Boating Safety Education Competency" means a standard of proficiency established by the Board based on the standards set by the National Association of State Boating Law Administrators (NASBLA) that determines whether an applicant for a Boater Education Card has met or exceeded the requirements of a Boating Safety Course, Equivalency Exam or Correspondence Course and Self Test.
 
(10) "Proctor" is a member of the U. S. Coast Guard Auxiliary, United States Power Squadron, public official such as county sheriff's deputy and/or other individual who has passed a background check and has been approved by the Board to supervise the administration of a written examination at the completion of an approved Boating Safety Course or Equivalency Exam.
 
(11) "Proof of Competency" means evidence of having met the minimum standard for boating safety education competency as determined by the Board.
 
(12) "Temporary Boater Education Card" is a document issued by the Board allowing the bearer to operate a motorboat in Oregon for a period of time not to exceed 60 days as provided in ORS 830.082 to 830.096 .

(1) To obtain a Boater Education Card a person must provide to the Marine Board:

(a) A completed application on a form provided by the Board. The application form will require the name, address, date of birth and other identifying characteristics of the applicant as determined by the Board. Incomplete applications will be returned to the applicant.
 
(b) Proof of competency consisting of a document verifying the applicant has successfully completed a Boating Safety Course or Equivalency Exam.

(A) A copy of the original certificate issued by the U.S. Power Squadrons, U.S. Coast Guard Auxiliary, Marine Board or other approved course provider are acceptable proof of competency.
 
(B) A copy of the original certificate, card, or other official documents issued by another state or Canada are acceptable proof of competency.
 
(C) A copy of the original Coast Guard motorboat operator's license, either valid or expired, is acceptable proof of competency.
 
(D) Proof of competency documents must contain the name of the individual applying for the Boater Education Card.
 
(E) In the event the original document establishing proof of competency is not available, a signed statement from an approved provider of a Boating Safety Course stating that the individual has successfully completed a Boating Safety Course or Equivalency Exam must be submitted to the Board.
 
(F)The Board may require the applicant to provide the original document establishing proof of competency if the copy accompanying the application is illegible or the authenticity of the copy is not certain.

(c) A $10 fee for a Boater Education Card paid in full in a manner determined by the Board and stated on the application form.

(2) Boater Education Cards shall contain a unique number that corresponds to the individual named on the card. Boater Education Cards are not transferable.
 
(3) A person is considered in violation of the provisions contained in ORS 830.730 and subject to the penalties prescribed by law when they:

(a) Provide a false statement or information or assist another person in giving a false statement or information on any application, affidavit, document or statement used to obtain a Boater Education Card, Temporary Education Card, or replacement Boater Education Card; or
 
(b) Exhibit an altered Boater Education Card or any Boating Education Card other than the one issued to them, to a peace officer; or
 
(c) Alter a Boater Education Card, Temporary Education Card, or replacement Boater Education Card issued by the Board or its authorized agent; or
 
(d) Produce or possess an unauthorized replica of a Boater Education Card, Temporary Education Card, or replacement Boater Education Card.

(4) In addition to any penalties that may result from a violation of ORS 830.730, the Boater Education Card of any person who provides a false statement or information or obtains a card to which he/she is not entitled is null and void.

(1) A person may apply for a replacement Boater Education Card from the Board if:

(a) They legally change their name; or
 
(b) The card is lost, stolen or destroyed

(2) To obtain a replacement Boater Education Card, an applicant must provide the Board with:

(a) A completed application on a form provided by the Board; and
 
(b) An affidavit signed by the applicant stating the circumstances that led to the loss or destruction of the original Boater Education Card; and
 
(c) A $8 fee for a replacement card paid in full in a manner determined by the Board and stated on the application form.

(1) The registered owner of a new motorboat who is otherwise required to possess a Boater Education Card may use the temporary certificate of number issued by the Board or its authorized agent as a temporary education card and may operate the new motorboat for no more than 60 days from the date of registration provided the temporary certificate of number is on board.
 
(2) A person who is required to possess a Boater Education Card may use an original Proof of Competency as a temporary card and may operate a boat for no more than 60 days from date of issue provided the original Proof of Competency is on board.
 
(3) A person residing in Oregon who is otherwise required to possess a Boater Education Card and has received a certificate, card, or other official document issued by another state or Canada that is equivalent to Oregon's Boater Education Card may use that document as a temporary card and may operate a boat in Oregon for no more than 60 days from date of residency provided the document is on board.
 
(4) A person who legally rents a motorboat and is otherwise required to possess a Boater Education Card may use the required Dockside Checklist as a temporary education card and may operate the rental motorboat in Oregon for the term of the rental agreement but not longer than 60 days.

(1) A person required to possess a Boater Education Card in order to operate a motorboat in Oregon must meet the minimum standard for boating safety education competency as set by the Board.
 
(2) The minimum standards for boating safety education competency required by the Board are:

(a) Successful completion of a Boating Safety Course in person and a passing score of at least 70 percent on a written test administered at the conclusion of the course by the instructor or a proctor; or
 
(b) A score of at least 70 percent on a proctored Equivalency Exam; or
 
(c) A score of at least 80 percent on a Correspondence Course and Self Test provided by the Board in qualifying hardship situations; or
 
(d) A score of at least 80 percent on a self test associated with a Boating Safety Course offered over the Internet. For this Internet course to meet Marine Board standards, it must contain at least 50 questions with at least 10 of the questions Oregon specific. Questions must be pulled randomly from a database of a 150 questions minimum, and questions must address each of the key areas of general boat information, national and Oregon specific boating laws, boat operation, preparation and trailering, legal requirements and boating emergencies; or
 
(e) Possession of a certificate, card, or other official document issued by another state or Canada that is equivalent to Oregon's Boater Education Card.

(3) Suitable evidence of achieving the minimum standard for boating safety education competency consists of:

(A) A certificate issued by the U.S. Power Squadrons, U.S. Coast Guard Auxiliary, Marine Board or other Boating Safety Course provider; or
 
(B) A certificate, card, or other official document issued by another state or Canada that is equivalent to Oregon's Boater Education Card.
 
(C) Proof of competency documentation must contain the name of the individual applying for the Boater Education Card and be signed or otherwise certified by the issuing organization.
 
(D) Non-proctored self-tests taken after December 31, 2000, except as stated in 2.c, will not meet Marine Board standards.

(1) Beginning January 1, 2003 any person who provides a motorboat for rent in Oregon must require that the renter and/or operator of the rental motorboat show proof of possession of a Boater Education Card before renting the person a motorboat.
 
(2) If the renter and/or operator of the rented motorboat does not possess a Boater Education Card, the rental agent must provide the renter and/or operator of the craft with a Dockside Checklist provided by the Board.
 
(3) The renter and/or operator of a rental motorboat must review and mark the Dockside Checklist in the presence of the rental agent before they may operate the rental motorboat.
 
(4) The renter and/or operator of the rental motorboat must retain the Dockside Checklist on board when operating the boat.

(1) After January 1, 2001, the Marine Board may issue Boater Education Cards to anyone age 12 and older who submits a complete application, provides proof of competency, and pays the fee required in this Division. Possession of a Boater Education Card is not required Until January 1, 2003.
 
(2) Beginning January 1, 2003, all individuals age 12, 13, 14 or 15 are required to possess a Boater Education Card to operate a motorboat having 10 horsepower or less, and, when operating a motorboat having greater than 10 horsepower, are required to possess a Boater Education Card and be under the direct supervision of an individual age 16 or older who possesses a Boater Education Card.
 
(3) By January 1, 2003, all individuals age 16 up to and including age 30 are required to possess a Boater Education Card to operate a motorboat having more than 10 horsepower.
 
(4) By January 1, 2004, all individuals age 16 up to and including age 40 are required to possess a Boater Education Card to operate a motorboat having more than 10 horsepower.
 
(5) By January 1, 2005, all individuals age 16 up to and including age 45 are required to possess a Boater Education Card to operate a motorboat having more than 10 horsepower.
 
(6) By January 1, 2006, all individuals age 16 up to and including age 50 are required to possess a Boater Education Card to operate a motorboat having more than 10 horsepower.
 
(7) By January 1, 2007, all individuals age 16 up to and including age 60 are required to possess a Boater Education Card to operate a motorboat having more than 10 horsepower.
 
(8) By January 1, 2008, all individuals age 16 up to and including age 70 are required to possess a Boater Education Card to operate a motorboat having more than 10 horsepower.
 
(9) After January 1, 2009, all individuals age 16 and older must possess a Boater Education Card to operate a motorboat having more than 10 horsepower.

In addition to the exemptions granted in ORS 830.092 a Boater Education Card is not required as follows:

(a) A person operating a seaplane with a valid license issued by the Federal Aviation Administration and a seaplane endorsement is not required to carry a Boater Education Card. Seaplane pilots must possess a Boater Education Card to operate a recreational boat.
 
(b) A course is not required if a person is a certified Marine Deputy having completed the Oregon Marine Safety and Law Enforcement training program. Active, certified Marine Officers will receive a Boater Education Card from the State Marine Board. All other individuals must purchase their Boater Education Card as defined in 250-018-0080.

(1) The Boater Education Card fee is $10.
 
(2) Duplicate fee for lost or replacement cards is $5. The fee is waived if replacement is necessary because of a Marine Board error. The same number will be assigned on any duplicate card as was assigned on the original.
 
(3) Fees paid to the Board for a Boater Education Card or replacement are not refundable.
 
(4) An agent (proctor) acting under the authority of the Board may charge a reasonable fee to recover costs associated with providing a Boating Safety Course or Equivalency Exam