Boating Safety Education
I practice personal injury law in a region of Virginia, Petersburg and Southside Virginia, that is blessed with beautiful rivers and lakes. Every spring, boating enthusiasts head for their favorite stretch of water on Lake Chesdin, Lake Gaston, Swift Creek, or the Appomattox River at Petersburg to enjoy fishing, sailing, motor cruising, and jet skiing.
As of last July 1, 2009, boating safety education became mandatory in Virginia. The new boating safety education requirements will be phased in over seven years under Virginia Code Section 29.1-735.2. By 2016, no one will be permitted to operate a motorboat (10 horsepower or greater) or a personal watercraft, like jet skis, on the public waters of Virginia, until and unless he or she has met the state requirements.
It is not surprising that Virginia enacted a statute requiring boating safety education. With the popularity of jet skis, more and more young people have taken to boating. Our waterways have become more crowded – and more dangerous. Operator inattention, inexperience, and speed cause boats to collide with each other, turn over, or capsize. Injuries and death are not uncommon.
Under the law that went into effect on July 1, 2009, no person 20 years old or younger could operate a personal watercraft, like a jet ski, unless and until he or she had fulfilled certain boating safety education requirements. These same requirements, with respect to personal watercraft, will apply to older operators as follows: 35 years old and younger by July 1, 2010; 50 years old and younger by July 1, 2011; all ages by July 1, 2012.
However, this isn’t the end of it. Beginning on July 1, 2012, all motorboat operators 30 years old or younger must meet the requirements. Thereafter, the requirements will be phased in for operators 40 years of age or younger (July 1, 2013), 45 years old or younger (July 1, 2014), 50 years old and younger (July 1, 2115), and all motorboat operators, regardless of age (July 1, 2016).
How can you meet the boater safety education requirements? Many boaters already do. You will comply if you do or have done one of the following:
- Complete and pass a boating safety course approved by the National Association of State Boating Law Administrators (NASBLA); or
- Pass a proctored equivalency examination that tests your knowledge of information included in the curriculum of an approved course; or
- Possess a vessel operator license granted to maritime personnel by the United States Coast Guard.
There are several other ways to comply with the requirements. In addition, there are exemptions for persons who assume operation of a motorboat after an operator becomes ill or physically impaired and for those who operate a motorboat under onboard direct supervision of a person who does meet the requirements. If you want to learn more about the new law, go to www.dgif.virginia.gov. You should know there is a $100 fine for a violation.
March is the season for boat shows. It’s the time of year boating enthusiasts begin to think about the joys of being on the water again after a long winter. Enjoy Virginia’s waterways this summer! Remember that even if the new law doesn’t apply to you yet, it will eventually. Make plans now to meet the requirements, and don’t wait until the last minute.
Labels: Motor Vehicle Accidents