S.C. Code § 50-21-10

Current through 2024 Act No. 209.

Section 50-21-10 - Definitions

As used in this title unless the context clearly requires a different meaning:

(1) "Abandon" or "abandoned" means any watercraft that has been moored, stranded, wrecked, sinking, or sunk, and has been left unattended for longer than forty-five days. A watercraft is not abandoned if it is legally moored or is on private property.

(2) "Boat" means a vessel.

(3) "Associated equipment" does not include radio equipment and means:

(a) a system, part, or component of a boat as originally manufactured or a similar part or component manufactured or sold for replacement, repair, or improvement of the system, part, or component;

(b) an accessory or equipment for, or appurtenance to, a boat;

(c) a marine safety article, accessory, or equipment intended for use by a person on board a boat.

(4) "Boat livery" means a business that holds watercraft for rent, lease, or charter.

(5) "Certificate of number" means the registration.

(6) "Certificate of origin" means a document establishing the initial chain of ownership, such as manufacturer's certificate of origin or statement of origin, importer's certificate of origin, or builder's certification.

(7) "Dealer's permit" means a certificate issued by the department to a marine business to extend the privilege of using marine dealer demonstration numbers on boats or motors for demonstration or testing purposes and assignment on appropriate documents. Abuse of these privileges results in termination of the dealer's permit.

(8) "Demonstration numbers" means a temporary certificate of number issued to permitted marine dealers or manufacturers for the purpose of demonstrating watercraft held for sale, or used on watercraft which are being repaired or tested or used by an established customer whose boat is being repaired.

(9) "Department" means the South Carolina Department of Natural Resources.

(10) "Hull identification number" means the letter and number combination required by the United States Coast Guard or its successor agency on all watercraft manufactured after November 1, 1972.

(11) "Marina" means a facility which provides mooring or dry storage for watercraft.

(12) "Marine dealer" means a business that engages in buying or selling, exchanging, brokering, manufacturing, or servicing watercraft or outboard motors for watercraft.

(13) "Marine manufacturer" means a person engaged in the manufacturing of watercraft or outboard motors for sale or trade.

(14) "No Wake-Idle Speed" means a regulated boating area established for the safety of the public. "No Wake-Idle Speed" means that a vessel cannot proceed at a speed greater than that speed which is necessary to maintain steerageway.

(15) "Operate" means to navigate, steer, drive, or be in control. It also includes the manipulation of moving water skis, a moving aquaplane, a moving surfboard, or similar moving device.

(16) "Operator" means the person who operates or has charge or command of the navigation or use of a vessel or watercraft.

(17) "Outboard motor" means a combustion engine or electric propulsion system, which is used to propel a watercraft and which is detachable from the watercraft as a unit. No outboard motor of less than five horsepower or its equivalent is required to be titled under this chapter.

(18) "Owner" means a person, other than a lienholder, who claims lawful possession of a vessel or outboard motor by virtue of legal title or equitable interest in it which entitled him to possession.

(19) "Person" means an individual, a partnership, a firm, a corporation, an association, or other legal entity.

(20) "Personal watercraft" means a vessel, usually less than sixteen feet in length, that uses an inboard motor powering a water jet pump as its primary source of propulsion and that is intended to be operated by a person sitting, standing, or kneeling on the vessel, rather than within the confines of the hull.

(21) "Reportable boating accident" means an accident, collision, or other casualty involving a vessel subject to this chapter which results in loss of life, injury which results in loss of consciousness, necessity for medical treatment, necessity to carry a person from the scene, disability which prevents the discharge of normal duties beyond the day of casualty, or actual physical damage to property including vessels in excess of the minimum amount set by the United States Coast Guard for reportable accidents.

(22) "Serial number" means the identifying manufacturer's number affixed to a watercraft before November 2, 1972, and to outboard motors before, on, and after that date. The serial number of watercraft manufactured after November 1, 1972, is part of the hull identification number.

(23) "Specialty propcraft" means a vessel that is similar in appearance and operation to a personal watercraft but is powered by an outboard or propeller-driven motor.

(24) "Temporary certificate of number" is a temporary registration assigned to a vessel to allow operation for a limited purpose.

(25) "Tender" means a small watercraft attendant to a larger vessel that meets United States Coast Guard requirements and is used solely for ferrying supplies or passengers and crew between its parent vessel and shore.

(26) "Use" means operate, navigate, or employ.

(27) "Vessel" means every description of watercraft, other than a seaplane regulated by the federal government, used or capable of being used as a means of transportation on water.

(28) "Water device" means a motorboat, boat, personal watercraft or vessel, water skis, an aquaplane, surfboard, or other similar device.

(29) "Waters of the State" means waters within the territorial limits of the State but not private lakes or ponds.

(30) "Watercraft" means anything used or capable of being used as a means of transportation on the water but does not include: a seaplane regulated by the federal government, water skis, aquaplanes, surfboards, windsurfers, tubes, rafts, and similar devices or anything that does not meet construction or operational requirements of the state or federal government for watercraft.

(31) "Wake surf" means to operate a vessel that is ballasted in the stern so as to create a wake that is, or is intended to be, surfed by another person.

S.C. Code § 50-21-10

Amended by 2023 S.C. Acts, Act No. 74 (SB 96),s 1, eff. 8/18/2023.

Amended by 2022 S.C. Acts, Act No. 124 (HB 3308),s 1, eff. 3/14/2022.

2008 Act No. 344, Section 2, eff six months after approval (approved June 11, 2008); 1999 Act No. 124, Section 2.A; 1999 Act No. 100, Part II, Section 64.G, H; 1993 Act No. 181, Section 1269; 1993 Act No. 128, Section 3; 1972 (57) 2791; 1961 (52) 588; 1959 (51) 409; 1955 (49) 299; 1962 Code Section 70-295.

Code Commissioner's Note

This section was amended by 1999 Act No. 100, Part II, Sections 64.G and 64.H and by 1999 Act No. 124, Section 2.B. The two definitions of "dealer's permit" from Act No. 100 and Act No. 124 are being read together and the definition of "demonstration numbers" from Act No. 100 is being added as item (7) and the remaining items renumbered at the direction of the Code Commissioner.