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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; ] 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.