A. It is unlawful for any person to:
1. Operate a personal watercraft unless he is at least sixteen years of age, except any person fourteen or fifteen years of age shall be allowed to operate a personal watercraft if he (i) has successfully completed a boating safety education course approved by the Director and (ii) carries on his person, while operating a personal watercraft, proof of successful completion of such course. Upon the request of a law-enforcement officer, such person shall provide proof of having successfully completed an approved course;
2. Operate a personal watercraft unless he has complied with the provisions of § 29.1-735.2, regarding board regulations for boating safety education;
3. Operate a personal watercraft unless each person riding on the personal watercraft is wearing a type I, type II, type III, or type V personal flotation device approved by the United States Coast Guard;
4. Fail to attach the lanyard to his person, clothing, or personal flotation device, if the personal watercraft is equipped with a lanyard-type engine cut-off switch;
5. Operate a personal watercraft on the waters of the Commonwealth between sunset and sunrise;
6. Operate a personal watercraft while carrying a number of passengers in excess of the number for which the craft was designed by the manufacturer; or
7. Operate a personal watercraft in excess of the slowest possible speed required to maintain steerage and headway within fifty feet of docks, piers, boathouses, boat ramps, people in the water, and vessels other than personal watercraft. Nothing in this section shall prohibit a personal watercraft from towing a person with a rope less than fifty feet in length.
B. A violation of any provision of this section shall constitute a Class 4 misdemeanor, except that any person who violates subdivision A 2 shall be subject to the penalty provided in § 29.1-735.2.
C. A violation of this section shall not constitute negligence, be considered in mitigation of damages of whatever nature, be admissible in evidence or be the subject of comment by counsel in any action for the recovery of damages arising out of the operation, ownership, or maintenance of a personal watercraft, nor shall anything in this section change any existing law, rule, or procedure pertaining to any such civil action, nor shall this section bar any claim which otherwise exists.
1991, c. 320; 1998, cc. 443, 537; 2007, cc. 615, 732.
Structure Code of Virginia
Title 29.1 - Wildlife, Inland Fisheries and Boating
§ 29.1-701.1. Authority of Board to set fees
§ 29.1-702. Registration requirements; display of numbers; cancellation of certificate; exemption
§ 29.1-702.1. Making false affidavit or swearing falsely, perjury; penalty
§ 29.1-703. Identification numbers required; decals
§ 29.1-703.1. Temporary registration certificate; fee; application
§ 29.1-704. Recording previously awarded numbers
§ 29.1-705. Change of ownership of motorboat; lost certificates
§ 29.1-706. Agents awarding numbers
§ 29.1-708. Transfer, destruction or abandonment of motorboat
§ 29.1-709. Change of address of certificate holder
§ 29.1-710. Exemption from numbering requirements
§ 29.1-711. Dealers and manufacturers of motorboats
§ 29.1-733.4. Supplemental principles of law and equity
§ 29.1-733.5. Law governing watercraft covered by certificate of title
§ 29.1-733.6. Certificate of title required
§ 29.1-733.7. Application for certificate of title
§ 29.1-733.8. Creation and cancellation of certificate of title
§ 29.1-733.9. Content of certificate of title
§ 29.1-733.11. Maintenance of and access to files
§ 29.1-733.12. Action required on creation of certificate of title
§ 29.1-733.13. Effect of certificate of title
§ 29.1-733.14. Effect of possession of certificate of title; judicial process; levy; penalty
§ 29.1-733.15. Perfection of security interest
§ 29.1-733.16. Termination statement; delivery of certificate of title; penalty
§ 29.1-733.17. Transfer of ownership
§ 29.1-733.18. Effect of missing or incorrect information
§ 29.1-733.19. Transfer of ownership by secured party's transfer statement
§ 29.1-733.20. Transfer by operation of law
§ 29.1-733.22. Replacement certificate of title
§ 29.1-733.23. Rights of purchaser other than secured party
§ 29.1-733.24. Rights of secured party
§ 29.1-733.25. Acquiring title to an abandoned watercraft
§ 29.1-733.26. Duties and operation of the Department
§ 29.1-733.27. Uniformity of application and construction
§ 29.1-733.28. Relationship to Electronic Signatures in Global and National Commerce Act
§ 29.1-734.1. Skin and scuba divers
§ 29.1-735. Regulations for vessel operation and equipment
§ 29.1-735.1. Board authorized to promulgate regulations for seaplanes
§ 29.1-735.2. Boating safety education required; Board to promulgate regulations
§ 29.1-735.3. Regulation of parasail operators
§ 29.1-736. Boat rentals; equipment; safety course
§ 29.1-738.01. Operating boat in an improper manner; penalty
§ 29.1-738.03. Reckless operation of a personal watercraft
§ 29.1-738.1. Analysis of breath to determine alcohol content of blood
§ 29.1-738.2. Consent to blood or breath test
§ 29.1-738.3. Presumptions from alcohol or drug content
§ 29.1-738.4. Additional penalty for reckless or intoxicated operation of a watercraft or motorboat
§ 29.1-738.5. Participation in rehabilitation program
§ 29.1-738.6. When arrested person operating a vessel; how vessel removed from scene of arrest
§ 29.1-739.1. Disregarding signal by law-enforcement officer to stop; attempts to elude; penalty
§ 29.1-739.2. Conservation police officers to patrol lakes
§ 29.1-740. Duty to stop and render assistance; penalties for violations
§ 29.1-741. Furnishing information to agency of United States
§ 29.1-742. Towing water skis, surfboards, etc.
§ 29.1-744. Local regulation; application for placement or removal of "no wake" buoys, etc.
§ 29.1-744.3. Slacken speed and control wakes near structures
§ 29.1-744.4. "Pass-through" zones; local ordinances; penalties
§ 29.1-745. Enforcement of chapter; vessels displaying Coast Guard inspection decal
§ 29.1-748. Restrictions on operation; penalty
§ 29.1-748.1. Local ordinances; operation on lakes; minimum distance from shoreline; penalty
§ 29.1-749. Owner of personal watercraft permitting violation; penalty
§ 29.1-749.1. Identification of personal watercraft rentals
§ 29.1-749.2. Local regulation of personal watercraft rentals; penalty
§ 29.1-749.3. Personal watercraft instruction; rental agents