CHAPTER 500

An Act to require and provide for the safe operation of certain motorboats
on the waters of this State over which the State now has or hereafter
obtains jurisdiction; and to this end to define terms, to vest admin-
istration of the act in the Commission of Game and Inland Fisheries;
to provide for the transfer and reimbursement of certain funds; to
require motorboats to be numbered and to set forth how applications
therefor shall be made; to impose fees; to require warning devices and
safety equipment upon certain motorboats; to authorize the Commis-
sion of Game and Inland Fisheries to make rules and regulations in
connection with the act; to exempt certain motorboats,; to prohibit
certain acts and provide penalties for violations; to require reports and
the furnishing of assistance in certain cases; to regulate towing and
water skiing in connection with the operation of motorboats; to pro-
vide for the regulation of regattas and races; to provide for enforce-
ment of the act; and to provide for other matters in connection with

the foregoing.
[H 373]
Approved March 31, 1960

Be it enacted by the General Assembly of Virginia:
Article I
1. § 1. It is the policy of this State to promote safety for persons and
property in and connected with the use, operation, and equipment of vessels,
and to promote uniformity of laws relating thereto.
Article II

§ 2. As used in this act, unless the context clearly requires a different
meaning:

(1) “Vessel” means every description of watercraft, other than a sea-
plane on the water, used or capable of being used as a means of trans-
portation on water,

(2) “Motorboat” means any vessel propelled by machinery of ten or
more horsepower, whether or not such machinery is the principal source
of propulsion, but shall not include a vessel which has a valid marine
document issued by the Bureau of Customs of the United States Govern-
ment or any federal agency successor thereto.

(3) “Owner” means a person, other than a lien holder, having the
property in or title to a motorboat. The term includes a person entitled to
the use or possession of a motorboat subject to an interest in another
person, reserved or created by agreement and securing payment or per-
formance of an obligation, but the term excludes a lessee under a lease not
intended as security.

_ (4) “Waters of this State” means any public waters within the ter-
ritorial limits of this State, and the marginal sea adjacent to this State
and the high seas when navigated as a part of a journey or ride to or from
the shore of this State.

(5) “Person” means an individual, partnership, firm, corporation,
association, or other entity.

8) “Operate” means to navigate or otherwise use a motorboat or a
vessel.

(7) “Commission” means the Commission of Game and Inland
Fisheries.

§ 3. (a) It shall be the duty of the Commission of Game and Inland
Fisheries to enforce and administer the provisions of this act.

(b) The Chairman of the Commission shall designate from among
the members of the Commission three members who shall serve as the
Motorboat Committee of the Commission, and who shall, in their activities
with the Commission, place special emphasis on the administration and
enforcement of this act.

(c) All expenses required for administration and enforcement of this
act shall be paid from the funds collected pursuant to the numbering
provisions of this act, provided, however, that the Commission is hereby
authorized, subject to the approval of the Governor, to use funds from the
cash balance of the game protection fund in an amount not to exceed one
hundred thousand dollars, to be used for initiating the provisions of this
act and to be refunded as soon as practicable, but within a period not to
exceed four years, from the funds collected pursuant to the numbering
provisions of this act. All moneys collected pursuant to the numbering
provisions of this act shall be deposited into the State Treasury and credited
to a special fund known as the Game Protection Fund, and accounted for as
a separate part thereof. Such moneys shall be made available to the Com-
mission for the administration and enforcement of this act as herein pro-
vided, and for educational activities relating to boating safety and for other
activities and purposes of direct benefit to the boating public and for no
other purpose. All moneys collected pursuant to the numbering provisions
of this act and moneys otherwise provided for in this act shall be made
available to carry out the intent and purposes as set forth herein in ac-
cordance with plans approved by the Commission and all such funds are
hereby appropriated, reserved, set aside and made available until expended
for the enforcement, administration and other provisions of this act, pro-
vided that the Commission is hereby authorized to adopt a plan or formula
for the use of said moneys for employing and equipping such additional per-
sonnel as may be necessary for carrying out the provisions of this act and
for paying a proportionate share of the salaries, expense, and operational
costs of existing personnel according to the time and effort expended by
them in carrying out the provisions of this act. Such plan or formula may
be altered or amended from time to time by the Commission as existing
conditions may warrant. No funds derived from the sale of hunting li-
censes or fishing licenses shall be expended or diverted for carrying out
the provisions of this act.

Every motorboat on the waters of this State shall be numbered.
No person shall operate or give permission for the operation of any motor-
boat on such waters unless the motorboat is numbered in accordance with
this act, or in accordance with applicable federal law, or in accordance with
a federally approved numbering system of another state, and unless (1) the
certificate of number awarded to such motorboat is in full force and effect,
and (2) the identifying number set forth in the certificate of number is
displayed on each side of the bow of such motorboat.

5. (a) The owner of each motorboat requiring numbering by thi

State shall file an application for number with the Commission on forms ap-
proved by it. The application shall be signed by the owner, or his agent
of the motorboat and shall be accompanied by a fee of five dollars for the
triennium beginning July one, nineteen hundred sixty. Upon receipt of the
application in approved form the Commission shall have the same entered
upon the records of its office and issue to the applicant a certificate
of number stating the number awarded to the motorboat and the name
and address of the owner. The owner shall paint on or attach to each
side of the bow of the motorboat the identification number in such
manner as may be prescribed by rules and regulations of the Commission
in order that it may be clearly visible. The number shall be maintained in
legible condition. The certificate of number shall be pocket-size and shall
be available at all times for inspection on the motorboat for which issued,
whenever such motorboat is in operation.

(b) The owner of any motorboat already covered by a number in full
force and effect which has been awarded to it pursuant to then operative
federal law or a federally approved numbering system of another state
shall record the number prior to operating the motorboat on the waters
of this State in excess of the ninety-day reciprocity period provided for
in § 7 (1) of this act. Such recordation shall be in the manner and pur-
suant to the procedure required for the award of a number under sub-
section (a) of this section, except that no additional or substitute number
shall be issued.

(c) Should the ownership of a motorboat change, a new application
form with fee of one dollar shall be filed with the Commission and a new
certificate bearing the same number shall be awarded in the manner as
provided for in an original award of number. In case a certificate should
become lost a new certificate bearing the same number shall be issued
upon payment of a fee of fifty cents. Possession of the certificate shall in
cases involving prosecution for violation of any provision of this act be
prima facie evidence that the person whose name appears thereon is the
owner of the boat referred to therein.

(d) In the event that an agency of the United States Government
shall have in force an over-all system of identification numbering for
motorboats within the United States, the numbering system employed
pursuant to this act by the Commission shall be in conformity therewith.

(e) The Commission may award any certificate of number directly
or may authorize any person to act as agent for the awarding thereof.
In the event that a person accepts such authorization, he may be assigned
a block of numbers and certificates therefor which upon award, in con-
formity with this act and with any rules and regulations of the Commis-
sion, shall be valid as if awarded directly by the Commission.

f) All records of the Commission made or kept pursuant to this
section shall be public records.

(g) Every certificate of number awarded pursuant to this act shall
continue in full force and effect for a period of three years unless sooner
terminated or discontinued in accordance with the provisions of this act.
Certificates of number may be renewed by the owner in the same manner
provided for in the initial securing of the same.

(h) Each certificate of number awarded pursuant to this act must
be renewed each triennium on or before July one; otherwise, such certifi-
cate shall lapse and be void. Application for renewal shall be submitted on
forms approved by the Commission and shall be accompanied by a fee of
five dollars.

(i) The owner shall furnish the Commission notice of the transfer
of all or any part of his interest other than the creation of a security
interest in a motorboat numbered in this State pursuant to subsections
(a) and (b) of this section or of the destruction or abandonment of such
motorboat, within fifteen days thereof. Such transfer, destruction, or
abandonment shall terminate the certificate of number for such motor-
boat except that, in the case of a transfer of a part interest which does
not affect the owner’s right to operate such motorboat, such transfer shall
not terminate the certificate of number. i

(j) Any holder of a certificate of number shall notify the Commission
within fifteen days if his address no longer conforms to the address ap-
pearing on the certificate, and shall, as a part of such notification, furnish
the Commission his new address.

The Commission may provide in its rules and regulations for the sur-
render of the certificate bearing the former address and its replacement
with a certificate bearing the new address or for the alteration of an out-
standing certificate to show the new address of the holder.

(k) No number other than the number awarded to a motorboat or
granted reciprocity pursuant to this act shall be painted, attached, or
otherwise displayed on either side of the bow of such motorboat.

(1) Dealers and manufacturers.

(1) The registering numbering requirements of this act shall apply to
dealers and manufacturers of motorboats.

(2) Applications for certificates of number shall be made on the
approved application form prescribed in this act. Dealers and manufac-
turers shall certify that they are dealers or manufacturers, as the case
may he.

(3) Applications shall be accompanied by a fee of fifteen dollars for
dealers and twenty-five dollars for manufacturers, by check or money
order, and shall be forwarded to the Commission.
4) Upon receipt by the Commission of a properly completed appli-
cation and fee, it shall issue to the applicant a dealer’s or manufacturer’s
certificate of number as appropriate, which may be used in connection
with the operation of any motorboat in the possession of such dealer or
manufacturer, when the boat is being used for demonstration purposes.

(5) Additional dealer’s or manufacturer’s certificates of number may
be obtained by making application in the same manner as prescribed for
the initial certificate with payment of an additional fee of eight dollars
for each additional certificate.

(b) Manufacturers or dealers may have the number or numbers
awarded to them printed upon or attached to a removable sign or signs
to be temporarily but firmly mounted upon or attached to the boat being
demonstrated, so long as the display meets the requirements of this act.

Article ITI

§ 6. (a) Motorboats subject to the provisions of this act shall be
divided into four classes as follows:

(1) Class A. Less than sixteen feet in length.

(2) Class 1. Sixteen feet or over and less than twenty-six feet in

mY Class 2. Twenty-six feet or over and less than forty feet in
ength.
(4) Class 3. Forty feet or over.

(b) Every motorboat in all weathers from sunset to sunrise shall
carry and exhibit the following lights when under way, and during such
nme pe other lights which may be mistaken for those prescribed shall be
exhibited:

(1) Class A shall carry a white light to show all around the horizon.

Class 1 shall carry a combined lantern in the fore part of the vessel
and lower than the white light aft, showing green to starboard and red
to port, so fixed as to throw light from right ahead to two points abaft
the beam on their respective sides.
lich 7 2) Every motorboat of Classes 2 and 3 shall carry the following
ights:

a. A bright white light in the fore part of the vessel as near the stem
as practicable, so constructed as to show an unbroken light over an arc
of the horizon of twenty points of the compass so fixed as to throw the
light ten points on each side of the vessel; namely, from right ahead to
two points abaft the beam on either side.

b. A bright white light aft to show all around the horizon and higher
than the white light forward.

c. On the starboard side a green light so constructed as to show an
unbroken light over an arc of the horizon of ten points of the compass,
so fixed as to throw the light from right ahead to two points abaft the
beam on the starboard side. On the port side a red light so constructed
as to show an unbroken light over an arc of the horizon of ten points of
the compass, so fixed as to throw the light from right ahead to two points
abaft the beam on the port side. The said side lights shall be fitted with
inboard screens of sufficient height so set as to prevent these lights from
being seen across the bow.

(3) Motorboats of Classes A and 1 when propelled by sail alone shall
carry the combined lantern, but not the white light aft prescribed by this
section. Motorboats of Classes 2 and 3 when so propelled, shall carry the
colored side lights, suitably screened, but not the white lights prescribed
by this section. Motorboats of all classes, when so propelled, shall carry,
ready at hand, a lantern or flashlight showing a white light which shall
be exhibited in sufficient time to avert a collision.

(4) Every white light prescribed by this section shall be of such
character as to be visible at a distance of at least two miles. Every colored
light prescribed by this section shall be of such character as to be visible
at a distance of at least one mile. The word “visible” in this subsection,
when applied to lights, shall mean “visible” on a dark night with clear
atmosphere.

(5) When propelled by sail and machinery any motorboat shall carry
the lights required by this section for a motorboat propelled by machinery
only.

(c) Any vessel may carry and exhibit the lights required by the
Federal Regulations for Preventing Collisions at Sea, 1948, Federal Act
of October 11, 1951 (33 USC 143-147d) as amended, in lieu of the lights
required by subsection (b) of this section.

Every motorboat of Classes 1, 2, or 8 shall be provided with an
efficient whistle or other sound-producing mechanical appliance.

(e) Every motorboat of Classes 2 or 3 shall be provided with an
efficient bell.

(f) Every motorboat shall carry at least one life preserver or life
belt, or ring buoy, or other device of the sort prescribed by the regula-
tions of the Commission for each person on board, so placed as to be
readily accessible: Provided, that every motorboat carrying passengers
for hire shall carry so placed as to be readily accessible at least one life
preserver of the sort prescribed by the regulations of the Commission for
each person on board.

(¢g) Every motorboat shall be provided with such number, size, and
type of fire extinguishers, capable of promptly and effectually extinguish-
ing burning gasoline, as may be prescribed by the regulations of the Com-
mission, which fire extinguisher shall be at all times kept in condition for
immediate and effective use and shall be so placed as to be readily
accessible.

(h) The provisions of subsections (d), (e), and (g) of this section
shall not apply to motorboats while competing in any race conducted pur-
suant to Section 14 of this act or, if such boats be designed and intended
solely for racing, while engaged in such navigation as is incidental to the
tuning up of the boats and engines for the race.

(i) Every motorboat shall have the carburetor or carburetors of
every engine therein (except outboard motors) using gasoline as fuel,
equipped with such efficient flame arrestor, backfire trap, or other similar
device as may be prescribed by the regulations of the Commission.

(j) Every such motorboat and every such vessel, except open boats,
using as fuel any liquid of a volatile nature, shall be provided with such
means as may be prescribed by the regulations of the Commission for
properly and efficiently ventilating the bilges of the engine and fuel tank
compartments so as to remove any explosive or inflammable gases.

(k) The Commission is hereby authorized to make rules and regula-
tions modifying the requirements contained in this act to the extent neces-
sary to keep these requirements in conformity with the provisions of the
federal navigation laws, or, with the rules promulgated by the United
States Coast Guard.

(1) No person shall operate or give permission for the operation of
a = which is not equipped as required by this section or modification

ereof.

(m) In the event that any of the regulations of subsections (a), (b) ,
(c), (d), (e), (f), (g), (h), (i), (j), (k), and (1) of Section 6 are in
conflict with the equipment regulations of the Federal Motorboat Act of
1958 as amended, the Commission is hereby granted the authority to adopt
such regulations as are necessary to conform with the Federal Motorboat
Act of 1958 as amended. ;

i ; Me A motorboat shall not be required to be numbered under this
act if it is:

(1) A motorboat which is required to be awarded a number pursuant
to federal law or a federally approved numbering system of another state,
and for which a number has been so awarded: Provided, that any such
boat shall not have been within this State for a period in excess of ninety
consecutive days.

(2) A motorboat from a country other than the United States tem-
porarily using the waters of this State.

(3) A motorboat whose owner is the United States, a state or a sub-
division thereof.

(4) A ship’s lifeboat.

§ 8. It shall be unlawful for the owner of a boat livery to rent a
boat equipped with ten or more horsepower to any person unless the pro-
visions of this act have been complied with. It shall be the duty of owners
of boat liveries to equip all motorboats rented as required by this act.

Article IV

§ 9. The exhaust of every internal combustion engine used on any
motorboat shall be effectively muffled by equipment so constructed and
used as to muffle the noise of the exhaust in a reasonable manner. The use of
cutouts is prohibited, except for motorboats competing in a regatta or
boat race approved as provided in § 14 of this act, and for such motorboats
while on trial runs, during a period not to exceed forty-eight hours im-
mediately preceding such regatta or race and for such motorboats while
competing in official trials, for speed records during a period not to exceed
forty-eight hours immediately following such regatta or race.

§ 10. (a) No person shall operate any motorboat or vessel, or
manipulate any skis, surfboard, or similar device in a reckless or negligent
manner so as to endanger the life, limb, or property of any person.

(b) No person shall operate any motorboat or vessel, or manipulate
any water skis, surfboard or similar device while intoxicated or under the
influence of any narcotic drug, barbiturate, or marijuana.

Every violation of the provisions of this section shall bea misdemeanor.

§ 11. (a) It shall be the duty of the operator of a vessel involved in
a collision, accident, or other casualty, so far as he can do so without serious
danger to his own vessel, crew, and passengers (if any), to render persons
affected by the collision, accident, or other casualty such assistance as may
be practicable and as may be necessary in order to save them neon or
minimize any danger caused by the collision, accident, or other casua Ity,
and also give his name, address, and identification of his vessel in writing
to any person injured’ and to the owner of any property damaged in the
collision, accident, or other casualty. ; .

(b) In the case of collision, accident, or other casualty involving a
vessel, the operator thereof, if the collision, accident, or other casualty
results in death or injury to a person or damage to. property in excess of
one hundred dollars, shall, within ten days, file with the Commission a
full description of the collision, accident, or other casualty, including such
information as said agency may, by regulation, require. Such report shall
not be admissible as evidence. ;

§ 12. In accordance with any request duly made by an authorized
official or agency of the United States, any information compiled or other-
wise available to the Commission pursuant to § 11 (b) shall be transmitted
to said official or agency of the United States.

§ 13. (a) No person shall operate a vessel on any waters of this
State for towing a person or persons on water skis, or a surfboard, or
similar device unless there is in such vessel a person, in addition to the
operator, in a position to observe the progress of the person or persons
being towed or unless the skiers wear life preservers or unless the boat is
equipped with a rear view mirror.

(b) No person shall operate a vessel on any water of this State towing
@ person or persons on water skis, a surfboard, or similar device, nor shall
any person engage in water skiing, surfboarding, or similar activity at any
time between the hours from one hour after sunset to one hour before
sunrise.

(c) The provisions of subsections (a) and (b) of this section do not
apply to a performer engaged in a professional exhibition or a person or
persons engaged in an activity authorized under § 14 of this act.

(d) No person shall operate or manipulate any vessel, tow rope, or
other device by which the direction or location of water skis, a surfboard,
or similar device may be affected or controlled in such a way as to cause
the water skis, surfboard, or similar device, or any person thereon to
collide with any object or person.

Regattas and Races

§ 14. (a) The Commission may authorize the holding of regattas,
motorboat, or other boat races, marine parades, tournaments, or exhibitions
on any waters of this State. It shall adopt and may, from time to time,
amend regulations concerning the safety of motorboats and other vessels
and persons thereon, either observers or participants. Whenever a regatta,
motorboat, or other boat race, marine parade, tournament, or exhibition is
proposed to be held, the person in charge thereof, shall, at least fifteen
days prior thereto, file an application with the Commission for permission
to hold such regatta, motorboat, or other boat race, marine parade, tourna-
ment, or exhibition. The application shall set forth the date, time and
location where it is proposed to hold such regatta, motorboat, or other boat
race, marine parade, tournament, or exhibition, and it shall not be con-
ducted without authorization of the Commission in writing.

(b) The provisions of this section shall not exempt any person from
compliance with applicable federal law or regulation, but nothing contained
herein shall be construed to require the securing of a State permit pursuant
to this section if a permit therefor has been obtained from an authorized
agency of the United States.

Special Regulations

§ 15. (a) Any subdivision of this State, may at any time, but only
after public notice, make formal application to the Commission for special
rules and regulations with reference to the safe and reasonable operation
of vessels on any water within its territorial limits and shall set forth
therein the reasons which make such special rules or regulations necessary
or appropriate.

The Commission is hereby authorized to make special rules and
regulations with reference to the safe and reasonable operation of vessels
on any waters within the territorial limits of any subdivision of this State.

§ 16. All regulations shall conform to Chapter 8, Article 1, Title 29
of the Code of Virginia and all rules and regulations shall be published by
the Commission in a convenient form.

Article V

§ 17. (a) Every game warden and every other law enforcement
officer of this State and its subdivisions shall have the authority to enforce
the provisions of this act and in the exercise thereof shall have authority
to stop any vessel subject to this act; and, after having identified himself
in his official capacity, shall have authority to board and inspect any vessel
subject to this act; provided that the provisions of this article shall not
apply to any vessel on which is displayed a current valid United States
Coast Guard or United States Coast Guard Auxiliary inspection decal.

Penalties

§ 18. Any person who violates any provision of §§ 4, 5, 6, 8, 9, 11,
13, and 14 of this act shall be guilty of a misdemeanor and shall be pun-
ished by a fine of not more than fifty dollars for each such violation.

§ 19. Notwithstanding any other provisions of this act, the Com-
mission may promulgate such rules and regulations regarding the opera-
tion of watercraft by manufacturers, distributors, dealers, and demonstra-
tors as the Commission may deem necessary and proper.

2. All laws and parts of laws in conflict with this act are hereby repealed.