Illinois Department of Natural Resources

Mr. Sam Flood

Acting Director

Illinois Department of Natural Resources

One Natural Resources Way

Springfield, IL 62702-1270

Dear Mr. Flood:

I am writing on behalf of the National Marine Manufacturers Association (NMMA) to urge the Illinois Department of Natural Resources to support legislation to allow wireless tethers to automatic kill switches on boats.

By way of background, NMMA is the nation’s largest recreational marine industry association, representing nearly 1,700 boat builders, engine manufacturers, and marine accessory manufacturers. NMMA members collectively produce more than 80 percent of all recreational marine products made in the United States. The recreational boating industry is a substantial contributor to the nation’s economy with total retail expenditures on recreational marine products and services of more than $40 billion in 2006 alone.

As you may know, Illinois law requires all operators to use lanyard-type connections to engine cut-off switches.

Act 625 ILCS 45 Act IV Section 4-11. Lanyard cutoff switch. No person may operate any motor boat, including personal watercraft or specialty propcraft, which is equipped with a lanyard type engine cutoff switch unless such lanyard is properly attached to his or her person, clothing or worn PFD, as appropriate for the specific vessel.
(Source: P.A. 87798.)

As interpreted by state advisors, the statute requires that the lanyard be a cord or other form of physical connection to the switch.

The NMMA strongly supports wireless tethers because they offer several benefits to public safety.

1.  A wireless tether reduces the chance of accidental disconnects that occur with the red lanyard cord when they turn while at the helm. This makes the lanyard more practical to use. This may well lead to more boaters using these life-saving devices.

2.  Passengers on board can wear a wireless sensor that will either stop the engine immediately or sound an alarm should they fall overboard. For instance, a child who falls overboard is as protected as possible from a propeller strike, as the wireless tether will activate the kill switch faster than could any operator.

3.  Commercial users also are more likely to use the device. Again, this enhances boater safety for all concerned.

4.  To the extent that a wireless lanyard increases use of kill switches, they also reduce the chance of contingent liabilities. The automatic shut-off reduces the chance that a boat without an operator will hit another boat or structure, causing injury or death to innocent bystanders.

5.  State law should allow boaters to purchase the type of “lanyard” that best meets their needs. Some boaters may prefer a physical connection; others may see the wireless option to be the best option for them.

The National Association of Boating Law Administrators, comprised of boating law enforcement administrators from each of the 50 states, has developed and approved model legislation that allows wireless devices. It can be read at http://www.nasbla.net/pdf/Model%20Acts/new/Engine%20Cut-Off%20Switches%2092105.pdf (or see attached document).

I am confident that an impressive roster of witnesses from national safety organizations would be on hand for any legislative hearings in Springfield to support this change to allow wireless tethers to kill switches.

I certainly appreciate the opportunity to provide you with NMMA’s support of wireless tethers. Please contact me at any time should you wish to discuss this further. I would be delighted to help move such legislation forward.

Best regards,

David Dickerson

State Government Relations Director