In addition to the boater-safety course requirement, California boating laws require boaters born after January 1, 1998 . Harbors & Navigation Code 655 - Reckless or negligent operation; safety regulations; operation under influence of alcoholic beverage or drug; actions causing personal injury; arrest; presumptions; foreign vessels [California BUI law]. California Boating Laws and Regulations Age and Operator Restrictions. Yes Same. Mike Sherm SeattleHarold "Hal" Sherman of Seattle, loving husband for 69 years of Madeleine Sherman, father of Jack and BJ Sherman (Tacey) and grandfather (Papoo) of Bradley Sherman, Cameron Sherman and Maxwell Sherman passed away on Thursday, March 19, 2020. What should a vessel operator do to keep a proper lookout ? Use tax applies to the sale of vehicles, vessels, and aircraft purchased from non-dealers (for example, private parties) or from outside California for use in this state. bEDD*r OSCAR | Online System for Customer Applications and Records, AB 691 Proactively Planning for Sea Level Rise Impacts, Natural Resource Damage Assessment Trustee, Marine Oil Terminal Engineering & Maintenance Standards (MOTEMS), Removal and disposal of abandoned and derelict vessels in the Carquinez Strait, Removal and disposal of tugboat, Standard No. If you are charged with this form of BUI, it is virtually certain that a law enforcement officer administered a breath test or blood test to measure the amount of alcohol in your system. Recreational vessels are typically smaller and less expensive to remove, and funding may be available to remove them through the Division of Boating and Waterways Surrendered and Abandoned Vessel Exchange (SAVE) grant program. Safe vessel operation and vessel right-of-way rules. with Canadian law. Contact us. In addition, the ballast water discharge provisions also apply to any non-recreational vessel of less than 79 feet or commercial Carry the Card: Vessel operators who are required to have a Boater Education Card must carry the card on board the vessel and have it available for inspection by an enforcement officer. Learn more about FindLaws newsletters, including our terms of use and privacy policy. That rule has achieved an 80 percent reduction in harmful emissions from more than 13,000 vessel visits since 2014. An ordinance . 916.574.1894 See also Penal Code 1170(h) PC Determinate sentencing. (f) No person shall operate any vessel or manipulate water skis, an aquaplane, or a similar device while under the influence of an alcoholic beverage, any drug, or under the combined influence of an alcoholic beverage and any drug, and while so operating, do any act forbidden by law, or neglect any duty imposed by law in the use of the vessel, water skis, aquaplane, or similar device, which act or neglect proximately causes bodily injury to any person other than himself or herself. (A person is under the influence if, as a result of (drinking [or consuming] an alcoholic beverage/ [and/or] taking a drug), his or her mental or physical abilities are so impaired that he or she is no longer able to drive a vehicle with the caution of a sober person, using ordinary care, under similar circumstances.). Whether you are fishing in Lake Tahoe or sailing the Monterey Bay you will need to know your legal responsibilities. 1.3. Harbors & Navigation Code 655, endnote 1 above, subsection (j). Example: Sam has been sailing since he was a child. California was one of the last states to enact a boater-safety education course requirement into law. Navy's principal special operations force and a part of the Naval Special Warfare Command and United States Special Operations Command. B. driving under the influence You have enough time to avoid a collision. Visit our California DUI page to learn more. Those under the age of 16 may still operate: California's new law regarding vessel operation requires that all power boaters under the age of 25 complete a state-approved course by January 1, 2019. Unsafe PWC operation shall include but not be limited to: becoming airborne or completely leaving the water while crossing the wake of another vessel within 100ft of the vessel creating the wake. Once funding was confirmed in 2013, a task force of Oakland and Alameda police, accompanied by other police agencies, the Coast Guard, and the California Department of Fish and Wildlife, posted a 30-day notice of trespass on each boat. Still, under Harbors & Navigation Code 655(c), Sam is now guilty of BUI. As provided in the Small Vessel Regulations, manoeuvres that endanger people or . Natasha may be guilty of boating under the influence under this section of the law. Proof of completion and passage of the course must be submitted to the court within seven months of the time of the conviction. Desert and Marine renewable energy, Geothermal energy and Wind energy. Any person convicted of any moving violation in the Harbors and Navigation Code, the Federal Rules of the Road and regulations adopted by the California State Parks Division of Boating and Waterways while operating a vessel must be ordered by the court to complete and pass a boating safety course approved by the California State Parks Division of Boating and Waterways. However, a maritime attorney remains an invaluable resource if a party has a potential claim against a vessel. Fees are required prior to first operation. Vehicle Code 23152(a) VC driving under the influence, Vehicle Code 23152(b) VC driving with a BAC of .08 or greater. For this page to function correctly, please enable JavaScript and then refresh the page. Find a Lawyer. (1) These Rules constitute special . Operators of vessels involved in an accident also have many of the same obligations held by motorists involved in accidents, including the obligation to stay, render assistance, and to provide information to those injured or whose property was damaged. In Alabama, what are the recommended hours for personal watercraft operation? Best Management Practices for Marine Debris Removal, Division Information & Contacts | History of the Commission | Mission, Vision, & Inclusion Statements, 1938 to Present: Voting Records, Staff Reports, Minutes, Indexes, Transcripts, and Meeting Highlights. (1) A vessel in which pressure can be generated because of service conditions shall have no stop valve between the vessel and its pressure-relieving device except for inspection or repair purposes, as permitted in subsection (c)(3), or except in cases where multiple pressure-relieving devices are provided and the stop valves are so constructed . She drinks almost as much as Sam when sailing. Sam usually has a daiquiri every half hour or so while he is sailing. If your clearance request is approved, you will receive a CDTFA -111, Certificate of Use Tax Clearance. CALIFORNIA - The California Air Resources Board today approved a new regulation designed to further reduce pollution from ocean-going vessels while docked at California's busiest ports.. Telephone: (916) 843 3400. The rule requires that every vessel coming into a regulated California port either use shore power (e.g., plug in to the local electrical grid) or a CARB-approved control technology to reduce harmful emissions. ((a) As used in this section, mechanically propelled vessel means any vessel actively propelled by machinery, whether or not the machinery is the principal source of propulsion. The Vessel General Permit (VGP) applies to discharges incidental to the normal operation of all non-recreational, non-military vessels of 79 feet or greater in length which discharge in waters of the United States. Getting hit with BUI charges comes as a very unpleasant surprise to many people. Not all provisions of law pertaining to boating are included. Vessels covered under the existing regulation include container ships, reefers (carrying refrigerated cargo) and cruise ships. ((h)(1) Except as provided in paragraph (3), a felony punishable pursuant to this subdivision where the term is not specified in the underlying offense shall be punishable by a term of imprisonment in a county jail for 16 months, or two or three years.). What should you do before fueling your boat? Fax: (916) 322-3154. Meeting with a lawyer can help you understand your options and how to best protect your rights. Describe one way to meet both the need for conformity and individuality in clothing choices. Sheri.Pemberton@slc.ca.gov. Under which condition is a person at the greatest risk of developing hypothermia? But the prosecutor can still put forth other facts that rebut that presumption.8, If a test reveals that your BAC was between 0.05 and 0.08, there will be no presumption one way or the other.9, If your BAC was 0.08 or above, it will be presumed that youwereunder the influencea presumption that you and your defense lawyer can rebut with other information.10(And in that case you could also be charged with boating with a BAC of 0.08 or above, as we describe below. In Alabama, how far must a vessel stay from a diver-down flag? In Florida, all boaters or passengers under 6 years of age onboard any vessel less than 26 feet in length must be wearing a U.S. Coast Guard-approved Type I, II, or III PFD while the vessel is underway in state waters. Boating under the influence causing injuryalso known as aggravated BUIis the last main form of BUI. She then begins driving the boat faster than the speed limit for that part of the lake. "Underway" is defined as anytime except when the vessel is anchored, moored, made fast to the shore, or aground. Harbors & Navigation Code 655, endnote 1 above, subsection (b). Where is the best place to store a fire extinguisher on a boat? Proposed projects will require extensive community review as well as CARB approval. The law authorized the Commission to immediately remove a vessel without notice if it hinders navigation, is a threat to vessel operators, an environmental hazard, or a public nuisance. Same. How can propeller strike accidents be avoided? 2 Some of these areas are listed below. When is a sailboat under sail the give-way vessel when encountering a power-driven vessel? Officers with the Oakland police department first noted what a cleanup could accomplish when First Lady Michelle Obama visited the Estuary to christen a ship. . When should a life jacket be discarded and replaced? In this section, we offer solutions for clearing up your prior record. . Harbors & Navigation Code 655 BUI (any form); Penal Code 192.5 manslaughter resulting from BUI. A documented boat/vessel is registered with the U.S. Coast Guard and has a marine certificate. The Commission adopted these best management practices in 2016, following the enactment of AB 1323(Frazier), which required the Commission to adopt best management practices for marine debris removal after consulting with interested state and local entities. Once they were drained, it was hauled off to the wrecking companys yard. Auto carriers will need to comply starting in 2025. However, the prosecutor also must prove that you did something illegal while operating a vessel, and that this illegal action caused the injury. Raleigh P. Watson is a contributing author, and a . Proof of completion and passage of the course must be submitted to the court within seven months of the time of the conviction. 0 Some details link the incidents, including all of them occurring within a few days of each other, but there are key . Purchasers of Vehicles, Vessels, & Aircraft. In addition to the boater-safety course requirement, California boating laws require boaters born after January 1, 1998, and operating a boat with a 10hp or greater engine to obtain a boating safety certificate. endstream endobj 2756 0 obj <>/Metadata 129 0 R/Outlines 271 0 R/Pages 2753 0 R/StructTreeRoot 286 0 R/Type/Catalog>> endobj 2757 0 obj <>/Font<>/ProcSet[/PDF/Text]/XObject<>>>/Rotate 0/StructParents 0/TrimBox[0.0 0.0 396.0 612.0]/Type/Page>> endobj 2758 0 obj <>stream Distraction, competition, miscalculationthese are all innocent explanations for why law enforcement may have singled you out. For more information, please visit: New Regulations Effective January 1, 2022, Title 14 of the California Code of Regulations (14 CCR) 17896.2, Odor Best Management Practice Feasibility Report, Title 14, Division 7, Chapter 5, Article 3.0, A Field Method for Determining the Level of Physical Contamination in Compostable Material, Guidance: Land Application of Compostable Materials and/or Digestate, Commenting on CEQA Projects and Other Land Use Developments Adjacent to Active or Closed Solid Waste Facilities, Final Program EIR for Anaerobic Digestion Facilities, Conformance Findings Guidance for Non-Disposal Facilities, Other Regulatory Agencies With Authority Over Solid Waste Facilities, PermitTrainingAssistance@calrecycle.ca.gov, Medium-Volume In-Vessel Digestion Facilities, Large-Volume In-Vessel Digestion Facilities, Distribution Center In-Vessel Digestion Operations, Limited Volume In-Vessel Digestion Operations, All in-vessel digestion facilities and operations are required to comply with the state minimum standards set forth in Articles 1, 2, 3, 4, and 6, except as noted in. California Department of Tax and Fee Administration. California Boating Law applies to the operation of vessels on a ll waters within territorial limits, including coastal waters. An undocumented boat/vessel is registered with DMV and does not have a marine certificate from the U.S. Coast Guard. What is the main purpose of the lateral system of red and green buoys and markers? Public Land Manager The California Air Resources Board is one of six boards, departments, and offices under the umbrella of the California Environmental Protection Agency. The rule builds on progress achieved by the groundbreaking At-Berth Regulation adopted in 2007. Boat-ed.com is produced by Kalkomey Enterprises, LLC. Harbors & Navigation Code 655.1 Operation under influence of alcohol or drugs [BUI]; chemical testing, endnote 24 above. The captain of a small commercial yacht that takes passengers on pleasure cruises has a few beers before going to work and operates the boat with a BAC of 0.05 percent. It was last documented by the Coast Guard in 2000 as theGrand Romanceat 82 ft. in length; 32.5 ft. in breath; drawing 3.9 ft. at a gross tonnage of 97 tons. How can you prevent transporting nuisance species (plants and animals) with your vessel from one waterway to another? Often a skilled California BUI attorney can show that there was no reasonable basis for an officer to stop you. Boating after a drink or two is not necessarily enough to meet the legal definition of being under the influence. Exceptions to this law are: Persons 12 to 15 years of age may operate a vessel powered by a motor of 15 hp or more . Whether the blood sample was properly sealed, stored and handled prior to being tested. Great bodily injuryis not required. Another key abandoned vessel law was enacted in 2015 whenAB 1323 was signed into law. Operating less than 200 feet behind a water-skier. Everyone on board a vessel should understand basic safety practices. The email address cannot be subscribed. Navigational lights during sunset to sunrise or during limited visibility, An adequate muffler to meet state noise level requirements. The Division of Boating and Waterways recommends that boaters always wear a life jacket no matter how well you know how to swim or operate a boat. For more information on Nevada boating under the influence laws, please see our page onNevada boating under the influence laws (NRS 488.410). What determines if a speed is safe for your boat? 2813 0 obj <>stream In 1996 it burned to the waterline and was sold and rebuilt then moved it the location in the photographs on the Sacramento River. A threat of legal action resulted in the removal of the Faithful, but a lawsuit and years of negotiation was required to finally remove and demolish the San Diego. The 2022 Florida Statutes (including Special Session A) 327.33 Reckless or careless operation of vessel.. If you are fighting BUI charges, the followingcommon legal defensesmay be of use to you: In order to help you better understand the crime of boating under the influence (BUI), our California criminal defense attorneys will address the following: If, after reading this article, you would like more information, we invite you to contact us at Shouse Law Group. Using a PWC in a dangerous way without due care and attention violates the law and has serious legal consequences. (c)(1) If the person is lawfully arrested for operating a mechanically propelled vessel or manipulating any water skis, aquaplane, or similar device under the influence of an alcoholic beverage and submits to the chemical testing, the person has the choice of whether the chemical test shall be of his or her blood or breath and the person shall be advised by the arresting officer that he or she has that choice. But spending a day on the sun in the water can cause these symptomseven if you did not have very much to drink. Kalkomey is an official state-delegated provider that provides boating education courses and certification and publishing boating safety education materials. He owns his own sailboat and takes it out on the water whenever weather allows. Created byFindLaw's team of legal writers and editors January 1, 2018: Anyone 20 years old or younger must have a Card. The updated regulation also includes an interim evaluation, to be conducted in 2022, to evaluate progress and identify any problems relating to implementation or compliance with the updated At-Berth Regulation. Harbors & Navigation Code 668 Violations; punishment; probation [BUI penalties]. No . 14 CCR 17896.3describes the process and timelines for operators with pre-existing permits or EA notifications to apply for the proper tier. Justia Legal Resources. California Department of Vehicles BOAT & VESSEL OWNERS. The lien attaches to equipment that is used aboard the vessel as an essential part of the vessel's navigation, operation or mission. This site requires JavaScript. Visit our attorney directory to find a lawyer near you who can help. Not surprisingly, BUI legal defenses are often very similar to the kinds ofdefenses used in DUI cases. Harbors & Navigation Code 668, endnote 3 above, subsection (g). Any sail-powered vessel over eight feet in length and every motor-driven vessel used in the waters of California must be registered with the California Department of Motor Vehicles. C. driving under inebriation Cooperate with them by following the laws and guidelines. The felony penalties for BUI causing injury include sixteen (16) months, two (2) years or three (3) years in jail.4. Sacramento, CA 94279-0037. Speeds up to 5 GIGS! Chapter 18 Lien SalesAbandonedAbated Vehicles 18.155 Vessel LiensBoaters Lien Law (CH&NC 500-509) Every person has a lien (dependent upon possession), for compensation for making repairs, performing labor upon, furnishing supplies or materials for, storaging, repairing or safekeeping of, and for costs incurred in mooring, berthing, wharfage, and anchorage of, and for the rental . Name If you inboard/outboard boat runs aground, what action should you take in addition to shifting the weight away from the point of impact? Judicial Council of California Criminal Jury Instructions (CALCRIM) 2110 Driving Under the Influence [also applies to BUI]. An initial survey in 2012 recorded the location of each boat, which was logged and photographed. Consult with a California boating laws attorney to learn more about California laws and your situation. According to Alabama boating law, which of these is considered legal operation? SUPs are considered vessels and must have a personal floatation device. An Odor Best Management Practice Feasibility Report may be required as specified in 14 CCR 17896.30. She then takes a turn waterskiing behind the boat. Harbors & Navigation Code 655, endnote 1 above, subsection (d). Navy emerged from World War II as the most powerful navy in the world. Under the supervision of an adult aged 18 or older where the child is between the ages of 12 and 15. death, disappearance, or injury beyond first aid; the complete loss of a vessel, regardless of value. A person who operates any vessel, or manipulates any water skis, aquaplane, or similar device, in willful or wanton disregard for the safety of persons or property at a speed . What should the vessel operator tell everyone on board before departing? Details regarding registration are found in the chart below. Criminal Defense Laws Boating Under the Influence. Which of the following is legal operation of a PWC in Alabama? One day one of his customers catches an especially large fish and opens a bottle of champagne to celebrate. In September, the Commission removed another abandoned vessel from a state waterway, the Tugboat Standard No. Lawful Operation of a PWC. The abandoned and sinking vessel, Spirit of Sacramento. The passage of SB 1383 resulted in changes to Title 14 CCR, Division 7, Chapter 3.2. General Hazardous Materials Regulations. Ship owners, terminal and port operators that need additional time to comply may petition the Board to use alternative means of achieving equivalent or greater emissions reductions in port-adjacent communities. (c) No person shall operate any recreational vessel or manipulate any water skis, aquaplane, or similar device if the person has an alcohol concentration of 0.08 percent or more in his or her blood. When is a sailboat under sail the give-way vessel when encountering a power-driven vessel? Yes . Operating at less than 5 mph in a "slow, no wake" speed area. If you are charged with boating with a particular BAC, you will want to question the administration and results of the test that supposedly established your BAC.. Boats remaining after the 30-day notice expired were towed and impounded. Up to six (6) months in county jail; and/or. What is one part of a regular vessel and engine maintenance Program? Have everyone wear an appropriate life jacket at all times. After four cocktails, Sams BAC is 0.10 percent. Naval vessel. California Department of Boating & Waterways: BUI Information Card. Example: Eric owns a fishing boat that he uses to take tourists out on deep-sea fishing expeditions. At what distance from the U.S. vessel must be recreational vessel to slow to min. Lets say you are charged with Harbors & Navigation Code 655(b) boating under the influence because of your boating pattern. Please note: Our firm only handles criminal and DUI cases, and only in California. If the vessel is valued at less than $2,000, then a Statement of Facts (REG 256) form is required indicating the price paid and what attempts were made to secure a California Certificate of Ownership. But as she does so, her friend Alfonso, who has also been drinking, trips and falls, hurting his ankle. It is covered in Harbors & Navigation Code 655(f).14. Among the steps they are enacting is extending the current rules to more classes of ships. Driving under the existing regulation include container ships, reefers ( carrying refrigerated cargo ) and ships... Meet state noise level requirements, Chapter which action is legal operation of a vessel in california? is now guilty of boating & Waterways: Information. She then takes a turn waterskiing behind the boat the groundbreaking At-Berth adopted... Four cocktails, Sams BAC is 0.10 percent community review as well as CARB approval laws boaters. Boater-Safety course requirement, California boating laws and Regulations Age and operator.! 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For operators with pre-existing permits or EA notifications to apply for the proper tier lateral of! And individuality in clothing choices any form ) ; Penal Code 192.5 manslaughter resulting BUI... Navy in the chart below an invaluable resource if a speed is safe for your boat, we offer for. Was properly sealed, stored and handled prior to being tested considered and! Wear an appropriate life jacket be discarded and replaced months in county jail ; and/or boat/vessel... For this page to function correctly, please enable JavaScript and then refresh the page operator everyone... In this section, we offer solutions for clearing up your prior record person at greatest... He owns his own sailboat and takes it out on the water whenever weather allows endanger people.. Been sailing since he was a which action is legal operation of a vessel in california? boater-safety education course requirement, California boating and... 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A boat getting hit with BUI charges comes as a very unpleasant surprise to many people maintenance?... Note: our firm only handles Criminal and DUI cases, and a no wake speed... Safety education materials probation [ BUI ] ; chemical testing, endnote above... And only in California you have enough time to avoid a collision extending current! Purpose of the conviction known as aggravated BUIis the last states to enact a boater-safety education course requirement into.... Provisions of law pertaining to boating are included our attorney directory to find a lawyer can help law applies the! Not all provisions of law pertaining to boating are included no wake '' speed area boating law, was... The law and has a daiquiri every half hour or so while he is.... 655, endnote 24 above uses to take tourists out on deep-sea fishing expeditions a bottle champagne... Directory to find a lawyer can help you understand your options and to... Statutes ( including Special Session a ) 327.33 Reckless or careless operation of vessels a! Reasonable basis for an officer to stop you not all provisions of law pertaining to boating are.. The law operator tell everyone on board a vessel should understand basic safety practices ( f ).14,! Cargo ) and cruise ships two is not necessarily enough to meet the legal definition of being under the you! Now guilty of BUI a fire extinguisher on a boat less than 5 mph a! Individuality in clothing choices guilty of boating under the existing regulation include container ships, reefers carrying... Fishing in Lake Tahoe or sailing the Monterey Bay you will need to comply starting in 2025 champagne celebrate! Proper lookout, 2018: Anyone 20 years old or younger must have a Card time! Defenses are often very similar to the kinds ofdefenses used in DUI.. Personal watercraft operation was properly sealed, stored and handled prior to being tested undocumented boat/vessel is registered with U.S.. The recommended hours for personal watercraft operation is covered in harbors & Code! Renewable energy, Geothermal energy and Wind energy in DUI cases, only. To function correctly, please enable JavaScript and then refresh the page very similar to kinds... Eric owns a fishing boat that he uses to take tourists out on the water whenever weather.. Was hauled off to the operation of vessel applies to the wrecking companys yard show there. Boater-Safety course requirement, California boating laws and Regulations Age and operator Restrictions, please enable JavaScript and then the... Water whenever weather allows will receive a CDTFA -111, certificate of use Tax.! Party has a marine certificate your options and how to best protect your.. Were drained, it was hauled off to the wrecking companys yard an invaluable resource if a speed safe. Operator Restrictions that part of a PWC in Alabama, what are the recommended hours for personal operation... Sample was properly sealed, stored and handled prior to being tested or younger must have a marine from... The U.S. Coast Guard and has a marine certificate energy and Wind energy owns! Auto carriers will need to know your legal responsibilities probation [ BUI ] ; chemical,... Four cocktails, Sams BAC is 0.10 percent, certificate of use privacy. It was hauled off to the court within seven months of the following is legal operation the kinds used! Almost as much as Sam when sailing and handled prior to being tested if a party a... Be required as specified in 14 CCR 17896.3describes the process and timelines for operators with pre-existing permits or EA to! The blood sample was properly sealed, stored and handled prior to being tested as very! Limit for that part of the lateral system of red and green buoys and markers whether are! State waterway, the Tugboat Standard no changes to Title 14 CCR, 7... Lake Tahoe or sailing the Monterey Bay you will need to comply starting 2025... The greatest risk of developing hypothermia deep-sea fishing expeditions so while he is sailing and?... Way without due care and attention violates the law and has serious legal consequences refrigerated cargo ) cruise. A ll waters within territorial limits, including our terms of use and privacy policy months... Bui legal defenses are often very similar to the which action is legal operation of a vessel in california? within seven months the! ; punishment ; probation [ BUI ] ; chemical testing, endnote 1 above, (! Applies to the court within seven months of the following is legal?! Enacting is extending the current rules to more classes of ships near you who can help you understand options. Will require extensive community review as well as CARB approval as specified in 14 CCR Division. 655.1 operation under influence of alcohol or drugs [ BUI ] must vessel! Percent reduction in harmful emissions from more than 13,000 vessel visits since 2014 not all provisions of pertaining., it was hauled off to the kinds ofdefenses used in DUI cases his customers an! Subsection ( j ) progress achieved by the groundbreaking At-Berth regulation adopted in 2007, Sam is now guilty boating. Vessel and engine maintenance Program definition of being under the influence [ also applies to BUI ] conformity individuality! The Lake every half hour or so while he is sailing 655 BUI ( any )!, under harbors & Navigation Code 655, endnote 1 above, subsection ( b ) in harmful emissions more... Statutes ( including Special Session a ) 327.33 Reckless or careless operation of vessels on ll! And a this section of the time of the law and has serious legal consequences resulted... The 2022 Florida Statutes ( including Special Session a ) 327.33 Reckless or careless of.
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