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Copyright
1998-99
TheChesapeake
Bay.com
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New Virginia Boating Laws for 1999

There are several new Virginia boating laws that take effect in 1999. If you boat in any Virginia waters, you should be aware of these changes.

"No wake" is defined as the "slowest possible speed required to maintain steerage and headway. This definition is effective January 1, 1999.

It shall be unlawful to operate any motorboat greater than "no wake" speed when within fifty feet or less of docks, piers, boathouses, boat ramps and people in the water. This change does not prohibit the pulling of a skier with a rope of less than 50 feet in length, and is effective January 1, 1999.

Boating Businesses

Several changes to the laws will affect boating businesses and, in some cases, those who rent personal watercraft.

Personal watercraft rental businesses will be required to provide instruction on safe operating requirements to those who rent their vessels. This change is effective January 1, 1999.

Watercraft demonstrators (those employed or contracted by a watercraft dealer to demonstrate watercraft to prospective buyers) must be licensed effective January 1, 1999.

Watercraft salesmen and watercraft demonstators will be required to successfully complete a basic boating safety education course or, by December 31, 1998, pass an approved test. Any watercraft salesmen and watercraft demonstrator licensed after December 31, 1998, shall have a grace period of sixty days from the issuance of his license in which to complete the approved course.

Those who rent a personal watercraft to another person must first successfully complete a basic boating safety education course. Effective July 1, 1998, insurers providing boating liability policies will be required to offer the option of purchasing uninsured operator coverage.

Businesses in Virginia Beach that provide personal watercraft for rent must place the letter "R" (at least 8.5 x 11 inches) on both sides of each rental personal watercraft. This requirement is effective July 1, 1998.

Local governments are authorized to have ordinances establishing standards for insurance coverage for any business that provides personal watercraft for rent. This authorization is effective July 1, 1998.

State Government

The Department of Conservation and Recreation is authorized to regulate the launching of personal watercraft from Seashore State Park/First Landing State Park in Virginia Beach. This authorization is effective July 1, 1998.

Every general district court or circuit court or the clerk thereof shall forward records of those charged with boating under the influence to the Department of Motor Vehicles. The Department of Motor Vehicles shall maintain those records and make them available to law enforcement officers. This requirement is effective July 1, 1998.

There are also new regulations pertaining specifically to Personal Watercraft...

A person shall be guilty of reckless operation who operates any personal watercraft recklessly or at a speed or in such a manner as to endanger the life, limb or property of any person, which shall include, but not be limited to:

  • Weaving through vessels that are underway, stopped, moored or at anchor while exceeding a reasonable speed under the circumstances and traffic conditions existing at the time;
  • Following another vessel or person on water skis or similar device, crossing the path of another vessel, or jumping the wake of another vessel more closely than is reasonable and prudent, having due regard to the speed of both vessels and the traffic on and the condition of the waters at the time;
  • Crossing between the towing vessel and a person on water skis or other device; or
  • Steering toward an object or person and turning sharply in close proximity to such object or person in order to spray or attempt to spray the object or person with the wash or jet spray of the personal watercraft.

(Note: Such motorboat operation as described is already considered reckless operation, punishable by a fine up to $2,500 and up to one year in jail. Effective with this change on January 1, 1999, personal watercraft operators convicted of a second or subsequent offense shall lose their personal watercraft operating privileges for a period of twelve months.)

It shall be unlawful for any person to operate a personal watercraft, or the owner or any person having control to authorize or knowingly permit a person to operate a personal watercraft, unless the operator is at least 16 years of age, except any person age 14 or 15 may operate a personal watercraft if they have successfully completed an approved boating safety education course, carry proof of successful completion of such course, and show this proof upon request by a law enforcement officer. This change is effective January 1, 1999.

It shall be unlawful to operate any personal watercraft greater than "no wake" speed when within fifty feet or less of docks, piers, boathouses, boat ramps, people in the water, and vessels other than personal watercraft. This change does not prohibit the pulling of a skier with a rope of less than 50 feet in length, and is effective January 1, 1999. See 1998 Changes to Boating Laws for a definition of "no wake" speed.

The following provisions of the law apply to operators, owners and users of personal watercraft:

A personal watercraft is a motorboat less than 16' in length which uses an outboard motor, or an inboard motor powering a jet pump as its primary motive power and which is designed to be operated by a person sitting, standing or kneeling on, rather than in the conventional manner of sitting or standing inside the vessel.

  • A person under the age of 14 may not operate a personal watercraft, nor may a person knowingly allow a person under the age of 14 to operate a personal watercraft (NOTE 1999 change above!).
  • It is unlawful to operate a personal watercraft unless the operator and each rider is wearing a Type I, II, III, or V U.S. Coast Guard approved personal flotation device.
  • The operator must attach the lanyard to his person, clothing, or personal flotation device, if the personal watercraft is equipped with a lanyard-type engine cut-off switch.
  • No person shall operate a personal watercraft after sunset or before sunrise.
  • No person may operate a personal watercraft while carrying passengers in excess of the number for which the craft was designed by the manufacturer.

A violation of any of the above provisions constitutes a Class 4 misdemeanor. The above provisions do not apply to participants in regattas, races, marine parades, tournament or exhibitions approved by the Board of the Department of Game and Inland Fisheries or the United States Coast Guard.

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