(1) No person who has vessels for hire, or the agent or employee thereof, shall rent, lease, charter, or otherwise permit the use of a vessel, unless the person:
(a) Displays the vessel registration numbers and a valid decal on the vessel hull as required by RCW
88.02.550(1);
(b) Keeps a copy of the vessel registration certificate aboard the vessel, in compliance with RCW
88.02.340;
(c) Displays a carbon monoxide decal on the vessel as required by RCW
88.02.390(2) if the vessel is motor-driven and is not a personal watercraft;
(d) Provides a copy of the rental agreement to be kept aboard during the rental, lease, charter, or use period for vessels required under chapter
88.02 RCW to be registered;
(e) Ensures that the vessel, if motor-propelled, meets the muffler or underwater exhaust system requirement in RCW
79A.60.130;
(f) Outfits the vessel with the quantity and type of personal flotation devices required by RCW
79A.60.140 and
79A.60.160 for the number and ages of the people who will use the vessel;
(g) Explains the personal flotation device requirements to the person renting, leasing, chartering, or otherwise using the vessel;
(h) Equips the vessel with a skier-down flag, and explains observer and personal flotation requirements of RCW
79A.60.170, if the persons renting, leasing, chartering, or otherwise using the vessel will be waterskiing;
(i) If the vessel is a personal watercraft, provides a personal flotation device and a lanyard attached to an engine cutoff switch for the operator to wear at all times when operating the personal watercraft, as required by RCW
79A.60.190;
(j) Reviews with the person operating the vessel, and all other persons who the operator may permit to operate the vessel, all the information contained in the motor vessel safety operating and equipment checklist prescribed by the Washington state parks and recreation commission and required under RCW
79A.60.640(6); and
(k) Provides all other safety equipment required by RCW
79A.60.110 and referenced in the motor vessel safety operating and equipment checklist prescribed by the Washington state parks and recreation commission and required under RCW
79A.60.640(6).
(2) This section does not apply to fishing guides and charter boat operators who have a United States coast guard operator's license and are operating on navigable waters, and people who act in the capacity of a paid whitewater river outfitter or guide, or who operate a vessel carrying passengers for hire on whitewater rivers in this state.
(3) As provided in RCW
79A.60.020, a violation of this section is a civil infraction punishable under chapter
7.84 RCW, unless:
(a) The violation is a violation of RCW
88.02.550, which is punished as a class 2 civil infraction; or
(b) The current violation is the person's third violation of the same provision of this chapter during the past three hundred sixty-five days. If it is the person's third violation, then it must be punished as a misdemeanor under RCW
9.92.030.