Administrative Code

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Virginia Administrative Code
Title 4. Conservation and Natural Resources
Agency 15. Department of Game and Inland Fisheries
Chapter 390. Watercraft: Safe and Reasonable Operation of Vessels
9/30/2020

4VAC15-390-70. Duty of Vessel Required to Keep Out of Way; Duty of Other Vessel.

A. The operator of every vessel shall at all times maintain a proper look-out by sight and sound as well as by all available means appropriate in the prevailing circumstances and conditions so as to make a full appraisal of the situation and of the risk of collision. If there is any doubt, such risk shall be deemed to exist.

B. Any action taken to avoid collision shall, if the circumstances of the case admit, be positive, made in ample time and with due regard to the observance of good seamanship. Any alteration of course or speed to avoid collision shall, if the circumstances of the case admit, be large enough to be readily apparent to another vessel observing visually or by radar. A succession of small alterations of course or speed should be avoided. If necessary to avoid collision or allow more time to assess the situation, the operator shall slacken speed or stop. The effectiveness of all actions taken to avoid a collision shall be carefully checked until the other vessel is finally past and clear.

C. The operator of a vessel that is required not to impede the passage or safe passage of another vessel shall, when required by the circumstances of the case, take early action to allow sufficient room for the safe passage of the other vessel.

Statutory Authority

§§ 29.1-501, 29.1-502, 29.1-701, and 29.1-735 of the Code of Virginia.

Historical Notes

Derived from VR325-04-3 § 7, eff. July 1, 1973; amended, Volume 19, Issue 05, eff. January 1, 2003.

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