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Administrative Code

Virginia Administrative Code
11/21/2024

Chapter 390. Watercraft: Safe and Reasonable Operation of Vessels

4VAC15-390-10. Applicability.

The following sections in this chapter apply to the operation of "vessels" as defined in § 29.1-700 of the Code of Virginia on all waters within the Commonwealth. Vessels complying with the Inland Navigation Rules, 33 CFR Parts 83, 84, and 86, as established by the U.S. Coast Guard are considered to be in compliance with the requirements of this chapter.

Statutory Authority

§§ 29.1-701 and 29.1-735 of the Code of Virginia.

Historical Notes

Derived from VR325-04-3 § 1, eff. July 1, 1973; amended, Virginia Register Volume 19, Issue 5, eff. January 1, 2003; Volume 39, Issue 24, eff. July 17, 2023.

4VAC15-390-11. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 19, Issue 5, eff. January 1, 2003; repealed, Virginia Register Volume 39, Issue 24, eff. July 17, 2023.

4VAC15-390-20. (Repealed.)

Historical Notes

Derived from VR325-04-3 § 2, eff. July 1, 1973; amended, Virginia Register Volume 19, Issue 5, eff. January 1, 2003; repealed, Virginia Register Volume 39, Issue 24, eff. July 17, 2023.

4VAC15-390-30. (Repealed.)

Historical Notes

Derived from VR325-04-3 § 3, eff. July 1, 1973; amended, Virginia Register Volume 19, Issue 5, eff. January 1, 2003; repealed, Virginia Register Volume 39, Issue 24, eff. July 17, 2023.

4VAC15-390-40. (Repealed.)

Historical Notes

Derived from VR325-04-3 § 4, eff. July 1, 1973; repealed, Virginia Register Volume 39, Issue 24, eff. July 17, 2023.

4VAC15-390-50. (Repealed.)

Historical Notes

Derived from VR325-04-3 § 5, eff. July 1, 1973; amended, Virginia Register Volume 19, Issue 5, eff. January 1, 2003; Volume 29, Issue 9, eff. January 1, 2013; repealed, Virginia Register Volume 39, Issue 24, eff. July 17, 2023.

4VAC15-390-60. (Repealed.)

Historical Notes

Derived from VR325-04-3 § 6, eff. July 1, 1973; repealed, Virginia Register Volume 39, Issue 24, eff. July 17, 2023.

4VAC15-390-70. (Repealed.)

Historical Notes

Derived from VR325-04-3 § 7, eff. July 1, 1973; amended, Virginia Register Volume 19, Issue 5, eff. January 1, 2003; repealed, Virginia Register Volume 39, Issue 24, eff. July 17, 2023.

4VAC15-390-80. Duty to slacken speed to avoid damage by motorboat's wake.

Every motorboat, when approaching or passing vessels under way or lying to or at anchor or made fast to the shore; or when approaching or passing piers, docks, or boathouses; or when approaching or passing persons in the water or using water skis or surfboards; shall slacken speed to the extent necessary to avoid endangering persons or property by the effect of the motorboat's wake.

Statutory Authority

§§ 29.1-701 and 29.1-802 of the Code of Virginia.

Historical Notes

Derived from VR325-04-3 § 8, eff. July 1, 1973.

4VAC15-390-85. Operators to give right-of-way and reduce speed.

Every motorboat, when approaching or passing within 200 feet of any law-enforcement vessel or emergency services vessel that is displaying flashing blue, red, or public safety lights shall slow to no wake speed so that the effect of the wake does not disturb the activities of law-enforcement personnel or emergency services personnel. Where the operator of a motorboat fails to comply with the provisions of this section and such failure endangers the life or limb of any person or endangers or damages vessels, the operator shall be guilty of a Class 3 misdemeanor. Upon conviction, the operator shall additionally be required to complete and pass a National Association of State Boating Law Administrators approved safe boating course as required in § 29.1-746 of the Code of Virginia.

Statutory Authority

§§ 29.1-701 and 29.1-735 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 39, Issue 9, eff. January 1, 2023; repealed, Virginia Register Volume 39, Issue 24, eff. July 17, 2023.

4VAC15-390-90. (Repealed.)

Historical Notes

Derived from VR325-04-3 § 9, eff. July 1, 1973; amended, Virginia Register Volume 19, Issue 5, eff. January 1, 2003; repealed, Virginia Register Volume 39, Issue 24, eff. July 17, 2023.

4VAC15-390-100. (Repealed.)

Historical Notes

Derived from VR325-04-3 § 10, eff. July 1, 1973; amended, Virginia Register Volume 19, Issue 5, eff. January 1, 2003; repealed, Virginia Register Volume 39, Issue 24, eff. July 17, 2023.

4VAC15-390-110. (Repealed.)

Historical Notes

Derived from VR325-04-3 § 11, eff. July 1, 1973; amended, Virginia Register Volume 19, Issue 5, eff. January 1, 2003; repealed, Virginia Register Volume 39, Issue 24, eff. July 17, 2023.

4VAC15-390-120. (Repealed.)

Historical Notes

Derived from VR325-04-3 § 12, eff. July 1, 1973; repealed, Virginia Register Volume 39, Issue 24, eff. July 17, 2023.

4VAC15-390-130. (Repealed.)

Historical Notes

Derived from VR325-04-3 § 13, eff. July 1, 1973; amended, Virginia Register Volume 19, Issue 5, eff. January 1, 2003; Volume 27, Issue 10, eff. January 1, 2011; repealed, Virginia Register Volume 39, Issue 24, eff. July 17, 2023.

4VAC15-390-140. Riding on decks and gunwales.

It shall be unlawful for the operator of a motorboat to allow any person to ride or sit on the bow, gunwales, transom, or on the decking over the bow of the vessel while under power unless such motorboat is provided with adequate guards or railing to prevent passengers from falls overboard. Nothing in this section shall be construed to mean that passengers or other persons aboard a watercraft cannot occupy these areas of the vessel to moor or anchor the watercraft, to cast off, or for any other necessary purpose. Any person who violates any provision of this section shall be guilty of a Class 1 misdemeanor as provided by § 29.1-738 of the Code of Virginia.

Statutory Authority

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

Historical Notes

Derived from Virginia Register Volume 19, Issue 5, eff. January 1, 2003.

4VAC15-390-150. Safe speed.

It shall be unlawful to operate a watercraft in excess of a safe speed. A safe speed is a speed less than the maximum at which the operator can take proper and effective action to avoid collision and stop within a distance appropriate to the prevailing circumstances and conditions. In establishing a safe operating speed, operators shall take into account the state of visibility, traffic density, maneuverability of the vessel with special reference to stopping distance and turning ability, the presence of background light at night, the proximity of navigational hazards, the draft of the vessel, the limitations of radar equipment, and the state of wind, sea, and current. Any person who violates any provision of this section shall be guilty of a Class 1 misdemeanor as provided by §§ 29.1-738 and 29.1-738.03 of the Code of Virginia.

Statutory Authority

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

Historical Notes

Derived from Virginia Register Volume 19, Issue 5, eff. January 1, 2003.

4VAC15-390-160. Penalties.

Except as otherwise provided by statute, any person who violates any provision of this chapter shall be guilty of a Class 4 misdemeanor for each such violation as provided by § 29.1-746 of the Code of Virginia.

Statutory Authority

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

Historical Notes

Derived from Virginia Register Volume 19, Issue 5, eff. January 1, 2003.

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