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1997 SESSION
973447146Be it enacted by the General Assembly of Virginia:
1. That § 29.1-747 of the Code of Virginia is amended and reenacted and the Code of Virginia is amended by adding in Chapter 7 of Title 29.1 an article numbered 5, consisting of sections numbered 29.1-751 through 29.1-755, as follows:
§ 29.1-747. Definitions.
As used in this article:
"Personal watercraft" is a type of motorboat and means a small
Class A 1 or A-2vessel 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.
§ 29.1-751. Definitions.
As used in this article:
"Personal watercraft" is a type of motorboat and means a Class A vessel 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.
§ 29.1-752. Boating safety education required.
A. On and after January 1, 1999, no person, except if exempted under § 29.1-753, shall operate a personal watercraft without first obtaining a certificate of completion of a boating safety education course. The Department shall issue a certificate of completion in boating safety education to a person who (i) has successfully completed a course in boating education offered by the Department or (ii) holds an equivalent certificate from another state or organization that offers boating safety training that meets the minimum course requirements established by the National Association of State Boating Law Administrators.
B. Any person required to obtain a safe boating certificate pursuant to this section shall have such certificate on board at all times while operating a personal watercraft. On demand of a law-enforcement officer, such person shall exhibit the certificate to the officer.
C. A safe boating certificate shall be nonrevocable and valid for the life of the person to whom it is issued.
§ 29.1-753. Exemptions from having to obtain certificate.
The following persons shall not be required to obtain a certificate:
1. Any person operating a personal watercraft on a body of water located entirely within the boundaries of the operator's private property;
2. A passenger who assumes operation of personal watercraft due to the illness or physical impairment of the operator, and is returning such personal watercraft to shore in order to provide assistance or care for the operator; or
3. Any nonresident who has in his possession proof that he has completed a boating safety education course or equivalency examination in another state.
§ 29.1-754. Department to develop and offer boating education course; fees; regulations.
A. The Department shall institute and coordinate a statewide program of boating education instruction and certification to ensure that boating courses and examinations are available throughout the Commonwealth. The Department's boating safety education shall meet the course requirements established by the National Association of Boating Law Administrators and include a component on boating safety and personal watercraft.
B. The Department may charge a fee to cover the cost of providing the boating safety educational courses.
C. The Board may promulgate rules and regulations as provided for in subsection E of § 29.1-701, in order to administer and enforce the provisions of this article.
§ 29.1-755. Penalties.
Any person convicted of operating a watercraft without having obtained a certificate of completion of a boating safety education course shall be guilty of Class 4 misdemeanor.