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Developed and maintained by the Division of Legislative Automated Systems.
2015 SESSION
15102348DBe it enacted by the General Assembly of Virginia:
1. That § 29.1-735.2 of the Code of Virginia is amended and reenacted as follows:
§ 29.1-735.2. Boating safety education required; Board to promulgate regulations.
A. No person shall operate a motorboat with a motor of 10
horsepower or greater or personal watercraft on the public waters of the
Commonwealth, unless the operator has met the requirements for boating safety
education in accordance with the age provisions
established in subsection D B.
B. A person shall be considered in compliance with the requirements
for boating safety education if the person meets one
of the following:
1. Completes and passes a boating safety course approved by the National Association of State Boating Law Administrators (NASBLA) and accepted by the Department;
2. Passes a proctored equivalency examination that tests the knowledge of information included in the curriculum of an approved course;
3. Possesses a valid license to operate a vessel issued to maritime personnel by the United States Coast Guard or a marine certificate issued by the Canadian government;
4. Possesses a state-approved nonrenewable temporary operator's certificate to operate a motorboat for 90 days that was issued with the certificate of number for the motorboat, if the boat is new or was sold with a transfer of ownership;
5. Possesses a rental or lease
agreement from a motorboat rental or leasing business, which lists the person
as the authorized operator of the motorboat;
6. Operates
the motorboat under onboard direct supervision of a person who meets the
requirements of this section;
7. 6. Demonstrates that he is not a resident, is temporarily using the
waters of Virginia for a period not to exceed 90 days, and meets any applicable
boating safety education requirements of the state of residency, or possesses a
Canadian Pleasure Craft Operator's Card;
8. 7. Has
assumed operation of the motorboat due to the illness or physical impairment of
the initial operator, and is returning the motorboat to shore in order to
provide assistance or care for the operator;
9. 8. Is
registered as a commercial fisherman pursuant to § 28.2-241 or a person who is
under the onboard direct supervision of the commercial fisherman while
operating the commercial fisherman's boat; or
10. 9. Provides
documentation that he is serving or has qualified as a surface warfare officer
or enlisted surface warfare specialist in the United States Navy; or
10. Was born prior to July 1, 1972 and is a resident of Virginia.
C. The Board shall promulgate regulations by July 1, 2008, to implement a boating safety education program for all motorboat and personal watercraft operators to meet boating safety education requirements.
D. Such regulations shall
include provisions that phase-in the requirements for boating safety education
according to the following:
1. Personal watercraft
operators 20 years of age or younger to meet the requirements by July 1, 2009;
2. Personal watercraft
operators 35 years of age or younger to meet the requirements by July 1, 2010;
3. Personal watercraft
operators 50 years of age or younger to meet the requirements by July 1, 2011;
4. All personal watercraft
operators, regardless of age, to meet the requirements by July 1, 2012;
5. Motorboat operators 20
years of age or younger to meet the requirements by July 1, 2011;
6. Motorboat operators 30
years of age or younger to meet the requirements by July 1, 2012;
7. Motorboat operators 40
years of age or younger to meet the requirements by July 1, 2013;
8. Motorboat operators 45
years of age or younger to meet the requirements by July 1, 2014;
9. Motorboat operators 50
years of age or younger to meet the requirements by July 1, 2015; and
10. All motorboat operators,
regardless of age, to meet the requirements by July 1, 2016.
E. Such
regulations may include, but not be limited to, provisions for compliance,
statewide availability of NASBLA-approved courses including through the
Internet, the issuance of certificates to document successful course
completion, duplicate certificates, recordkeeping, requirements for course
providers, instructor certification, student name and address changes,
equivalency exam criteria, provisions for an open-book test for classroom based
courses, requirements for motorboat rental and leasing businesses, issuance of
a temporary operator's certificate, and the establishment of fees (not to
exceed the cost of giving such instruction for each person participating in and
receiving the instruction) for boating safety courses and certificates.
F. E. The Board
shall consult and coordinate with the boating public, professional
organizations for recreational boating safety, and the boating retail, leasing,
and dealer business community in the promulgation of such regulations.
G. F. Any
person who operates a motorboat on the waters of the Commonwealth shall, upon
the request of a law-enforcement officer, present to the officer evidence that
he has complied with subsection B.
H. G. Any
person who violates any provision of this section or any regulation promulgated
hereunder shall be subject to a civil penalty of $100. All civil penalties
assessed under this section shall be deposited in the Motorboat and Water
Safety Fund of the Game Protection Fund and used as provided for in § 29.1-701.
I. H. The provisions
of this section shall not apply to law-enforcement officers while they are
engaged in the performance of their official duties.