10.108 - OPERATING WITHOUT REQUIRED NAVIGATION LIGHTS
Violations of "Statute 10.108" results in an Infraction and a fine of $250.
(a) Definitions
Operating without required navigation lights involves failing to use or properly display navigation lights on a vessel during periods when they are legally required.
Types of Navigation Light Requirements
Daytime and Nighttime: Specific lighting requirements for operating at different times of the day.
Visibility: Lights must be visible from specific distances.
(b) Elements
The following elements must be met to constitute operating without required navigation lights:
The defendant’s vessel was operating during times when navigation lights were required.
The required navigation lights were not displayed or were malfunctioning.
The infraction occurred on San Andreas waters.
(c) Defenses
Defenses against a charge for failing a boating safety inspection may include:
It shall be a defense if the defendant can prove that navigation lights were in use or in the process of being repaired at the time of inspection.
Evidence that the defendant was operating the vessel in conditions where navigation lights were not required may also serve as a defense.
(d) Aggravating Factors
The following aggravating factors may influence the severity of penalties or sanctions for this charge:
Aggravating factors such as operating in low visibility conditions without lights or contributing to a near-miss accident due to light failure may result in increased penalties or additional actions as determined by the court.
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