10.103 - BOATING SAFETY INSPECTIONS

Violations of "Statute 10.103" results in an Infraction and a fine of $5,000.

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(a) Definitions

Boating safety inspections refer to the process by which authorized personnel, including law enforcement officers or designated inspectors, conduct a thorough examination of a vessel to ensure that it complies with safety regulations, equipment requirements, and operational standards set forth by San Andreas law. These inspections are designed to promote safety on the water and reduce the likelihood of accidents or emergencies.

(b) Elements

To establish that a boating safety inspection was properly conducted, the prosecution or regulatory body must prove beyond a reasonable doubt the following elements:

• The defendant was operating or in control of a vessel on public waters in San Andreas.

• A law enforcement officer, marine patrol, or authorized inspector approached the vessel to perform a safety inspection.

• The inspection was conducted to ensure compliance with San Andreas boating safety laws, including checking for required safety equipment (e.g., life jackets, fire extinguishers), valid registration, and the vessel’s overall seaworthiness.

• The vessel was found to be in violation of one or more safety regulations during the inspection, such as lacking required safety equipment, improper documentation, or maintenance issues that could pose a safety risk.

(c) Defenses

Defenses against a charge for failing a boating safety inspection may include:

• The vessel operator can prove that the violation was not intentional and that they were unaware of the specific regulation being violated, such as a missing safety device or expired registration.

• The operator may demonstrate that the violation was due to circumstances beyond their control, such as a last-minute equipment failure that could not be addressed before the inspection.

• The inspection itself was improper or conducted unlawfully, violating the defendant's rights or the procedures outlined by San Andreas law for conducting such inspections.

(d) Aggravating Factors

The following aggravating factors may influence the severity of penalties or sanctions for failing a boating safety inspection:

• The vessel was found to have multiple significant violations, indicating repeated negligence or willful disregard for safety regulations.

• The violation directly contributed to a boating accident, injury, or loss of life, demonstrating a clear connection between the failure to meet safety standards and harm to individuals on or near the vessel.

• The defendant was operating the vessel under the influence of alcohol or drugs (BUI), further endangering the safety of passengers and others on the water.

• The vessel was involved in commercial operations, and the safety violations posed a greater risk to the public due to the nature of the business.