§ 29.1-735.2. Boating safety education required; Board to promulgateregulations.
A. No person shall operate a motorboat with a motor of 10 horsepower orgreater or personal watercraft on the public waters of the Commonwealth,unless the operator has met the requirements for boating safety education inaccordance with the age provisions established in subsection D.
B. A person shall be considered in compliance with the requirements forboating safety education if the person meets one of the following:
1. Completes and passes a boating safety course approved by the NationalAssociation of State Boating Law Administrators (NASBLA) and accepted by theDepartment;
2. Passes a proctored equivalency examination that tests the knowledge ofinformation included in the curriculum of an approved course;
3. Possesses a valid license to operate a vessel issued to maritime personnelby the United States Coast Guard or a marine certificate issued by theCanadian government;
4. Possesses a state-approved nonrenewable temporary operator's certificateto operate a motorboat for 90 days that was issued with the certificate ofnumber for the motorboat, if the boat is new or was sold with a transfer ofownership;
5. Possesses a rental or lease agreement from a motorboat rental or leasingbusiness, which lists the person as the authorized operator of the motorboat;
6. Operates the motorboat under onboard direct supervision of a person whomeets the requirements of this section;
7. Demonstrates that he is not a resident, is temporarily using the waters ofVirginia for a period not to exceed 90 days, and meets any applicable boatingsafety education requirements of the state of residency, or possesses aCanadian Pleasure Craft Operator's Card;
8. Has assumed operation of the motorboat due to the illness or physicalimpairment of the initial operator, and is returning the motorboat to shorein order to provide assistance or care for the operator; or
9. Is registered as a commercial fisherman pursuant to § 28.2-241 or a personwho is under the onboard direct supervision of the commercial fisherman whileoperating the commercial fisherman's boat.
C. The Board shall promulgate regulations by July 1, 2008, to implement aboating safety education program for all motorboat and personal watercraftoperators to meet boating safety education requirements.
D. Such regulations shall include provisions that phase-in the requirementsfor boating safety education according to the following:
1. Personal watercraft operators 20 years of age or younger to meet therequirements by July 1, 2009;
2. Personal watercraft operators 35 years of age or younger to meet therequirements by July 1, 2010;
3. Personal watercraft operators 50 years of age or younger to meet therequirements by July 1, 2011;
4. All personal watercraft operators, regardless of age, to meet therequirements by July 1, 2012;
5. Motorboat operators 20 years of age or younger to meet the requirements byJuly 1, 2011;
6. Motorboat operators 30 years of age or younger to meet the requirements byJuly 1, 2012;
7. Motorboat operators 40 years of age or younger to meet the requirements byJuly 1, 2013;
8. Motorboat operators 45 years of age or younger to meet the requirements byJuly 1, 2014;
9. Motorboat operators 50 years of age or younger to meet the requirements byJuly 1, 2015; and
10. All motorboat operators, regardless of age, to meet the requirements byJuly 1, 2016.
E. Such regulations may include, but not be limited to, provisions forcompliance, statewide availability of NASBLA-approved courses includingthrough the Internet, the issuance of certificates to document successfulcourse completion, duplicate certificates, recordkeeping, requirements forcourse providers, instructor certification, student name and address changes,equivalency exam criteria, provisions for an open-book test for classroombased 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 personparticipating in and receiving the instruction) for boating safety coursesand certificates.
F. The Board shall consult and coordinate with the boating public,professional organizations for recreational boating safety, and the boatingretail, leasing, and dealer business community in the promulgation of suchregulations.
G. Any person who operates a motorboat on the waters of the Commonwealthshall, upon the request of a law-enforcement officer, present to the officerevidence that he has complied with subsection B.
H. Any person who violates any provision of this section or any regulationpromulgated hereunder shall be subject to a civil penalty of $100. All civilpenalties assessed under this section shall be deposited in the Motorboat andWater Safety Fund of the Game Protection Fund and used as provided for in §29.1-701.
I. The provisions of this section shall not apply to law-enforcement officerswhile they are engaged in the performance of their official duties.
§ 29.1-735.2. Boating safety education required; Board to promulgateregulations.
A. No person shall operate a motorboat with a motor of 10 horsepower orgreater or personal watercraft on the public waters of the Commonwealth,unless the operator has met the requirements for boating safety education inaccordance with the age provisions established in subsection D.
B. A person shall be considered in compliance with the requirements forboating safety education if the person meets one of the following:
1. Completes and passes a boating safety course approved by the NationalAssociation of State Boating Law Administrators (NASBLA) and accepted by theDepartment;
2. Passes a proctored equivalency examination that tests the knowledge ofinformation included in the curriculum of an approved course;
3. Possesses a valid license to operate a vessel issued to maritime personnelby the United States Coast Guard or a marine certificate issued by theCanadian government;
4. Possesses a state-approved nonrenewable temporary operator's certificateto operate a motorboat for 90 days that was issued with the certificate ofnumber for the motorboat, if the boat is new or was sold with a transfer ofownership;
5. Possesses a rental or lease agreement from a motorboat rental or leasingbusiness, which lists the person as the authorized operator of the motorboat;
6. Operates the motorboat under onboard direct supervision of a person whomeets the requirements of this section;
7. Demonstrates that he is not a resident, is temporarily using the waters ofVirginia for a period not to exceed 90 days, and meets any applicable boatingsafety education requirements of the state of residency, or possesses aCanadian Pleasure Craft Operator's Card;
8. Has assumed operation of the motorboat due to the illness or physicalimpairment of the initial operator, and is returning the motorboat to shorein order to provide assistance or care for the operator; or
9. Is registered as a commercial fisherman pursuant to § 28.2-241 or a personwho is under the onboard direct supervision of the commercial fisherman whileoperating the commercial fisherman's boat.
C. The Board shall promulgate regulations by July 1, 2008, to implement aboating safety education program for all motorboat and personal watercraftoperators to meet boating safety education requirements.
D. Such regulations shall include provisions that phase-in the requirementsfor boating safety education according to the following:
1. Personal watercraft operators 20 years of age or younger to meet therequirements by July 1, 2009;
2. Personal watercraft operators 35 years of age or younger to meet therequirements by July 1, 2010;
3. Personal watercraft operators 50 years of age or younger to meet therequirements by July 1, 2011;
4. All personal watercraft operators, regardless of age, to meet therequirements by July 1, 2012;
5. Motorboat operators 20 years of age or younger to meet the requirements byJuly 1, 2011;
6. Motorboat operators 30 years of age or younger to meet the requirements byJuly 1, 2012;
7. Motorboat operators 40 years of age or younger to meet the requirements byJuly 1, 2013;
8. Motorboat operators 45 years of age or younger to meet the requirements byJuly 1, 2014;
9. Motorboat operators 50 years of age or younger to meet the requirements byJuly 1, 2015; and
10. All motorboat operators, regardless of age, to meet the requirements byJuly 1, 2016.
E. Such regulations may include, but not be limited to, provisions forcompliance, statewide availability of NASBLA-approved courses includingthrough the Internet, the issuance of certificates to document successfulcourse completion, duplicate certificates, recordkeeping, requirements forcourse providers, instructor certification, student name and address changes,equivalency exam criteria, provisions for an open-book test for classroombased 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 personparticipating in and receiving the instruction) for boating safety coursesand certificates.
F. The Board shall consult and coordinate with the boating public,professional organizations for recreational boating safety, and the boatingretail, leasing, and dealer business community in the promulgation of suchregulations.
G. Any person who operates a motorboat on the waters of the Commonwealthshall, upon the request of a law-enforcement officer, present to the officerevidence that he has complied with subsection B.
H. Any person who violates any provision of this section or any regulationpromulgated hereunder shall be subject to a civil penalty of $100. All civilpenalties assessed under this section shall be deposited in the Motorboat andWater Safety Fund of the Game Protection Fund and used as provided for in §29.1-701.
I. The provisions of this section shall not apply to law-enforcement officerswhile they are engaged in the performance of their official duties.
§ 29.1-735.2. Boating safety education required; Board to promulgateregulations.
A. No person shall operate a motorboat with a motor of 10 horsepower orgreater or personal watercraft on the public waters of the Commonwealth,unless the operator has met the requirements for boating safety education inaccordance with the age provisions established in subsection D.
B. A person shall be considered in compliance with the requirements forboating safety education if the person meets one of the following:
1. Completes and passes a boating safety course approved by the NationalAssociation of State Boating Law Administrators (NASBLA) and accepted by theDepartment;
2. Passes a proctored equivalency examination that tests the knowledge ofinformation included in the curriculum of an approved course;
3. Possesses a valid license to operate a vessel issued to maritime personnelby the United States Coast Guard or a marine certificate issued by theCanadian government;
4. Possesses a state-approved nonrenewable temporary operator's certificateto operate a motorboat for 90 days that was issued with the certificate ofnumber for the motorboat, if the boat is new or was sold with a transfer ofownership;
5. Possesses a rental or lease agreement from a motorboat rental or leasingbusiness, which lists the person as the authorized operator of the motorboat;
6. Operates the motorboat under onboard direct supervision of a person whomeets the requirements of this section;
7. Demonstrates that he is not a resident, is temporarily using the waters ofVirginia for a period not to exceed 90 days, and meets any applicable boatingsafety education requirements of the state of residency, or possesses aCanadian Pleasure Craft Operator's Card;
8. Has assumed operation of the motorboat due to the illness or physicalimpairment of the initial operator, and is returning the motorboat to shorein order to provide assistance or care for the operator; or
9. Is registered as a commercial fisherman pursuant to § 28.2-241 or a personwho is under the onboard direct supervision of the commercial fisherman whileoperating the commercial fisherman's boat.
C. The Board shall promulgate regulations by July 1, 2008, to implement aboating safety education program for all motorboat and personal watercraftoperators to meet boating safety education requirements.
D. Such regulations shall include provisions that phase-in the requirementsfor boating safety education according to the following:
1. Personal watercraft operators 20 years of age or younger to meet therequirements by July 1, 2009;
2. Personal watercraft operators 35 years of age or younger to meet therequirements by July 1, 2010;
3. Personal watercraft operators 50 years of age or younger to meet therequirements by July 1, 2011;
4. All personal watercraft operators, regardless of age, to meet therequirements by July 1, 2012;
5. Motorboat operators 20 years of age or younger to meet the requirements byJuly 1, 2011;
6. Motorboat operators 30 years of age or younger to meet the requirements byJuly 1, 2012;
7. Motorboat operators 40 years of age or younger to meet the requirements byJuly 1, 2013;
8. Motorboat operators 45 years of age or younger to meet the requirements byJuly 1, 2014;
9. Motorboat operators 50 years of age or younger to meet the requirements byJuly 1, 2015; and
10. All motorboat operators, regardless of age, to meet the requirements byJuly 1, 2016.
E. Such regulations may include, but not be limited to, provisions forcompliance, statewide availability of NASBLA-approved courses includingthrough the Internet, the issuance of certificates to document successfulcourse completion, duplicate certificates, recordkeeping, requirements forcourse providers, instructor certification, student name and address changes,equivalency exam criteria, provisions for an open-book test for classroombased 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 personparticipating in and receiving the instruction) for boating safety coursesand certificates.
F. The Board shall consult and coordinate with the boating public,professional organizations for recreational boating safety, and the boatingretail, leasing, and dealer business community in the promulgation of suchregulations.
G. Any person who operates a motorboat on the waters of the Commonwealthshall, upon the request of a law-enforcement officer, present to the officerevidence that he has complied with subsection B.
H. Any person who violates any provision of this section or any regulationpromulgated hereunder shall be subject to a civil penalty of $100. All civilpenalties assessed under this section shall be deposited in the Motorboat andWater Safety Fund of the Game Protection Fund and used as provided for in §29.1-701.
I. The provisions of this section shall not apply to law-enforcement officerswhile they are engaged in the performance of their official duties.
